HomeMy WebLinkAboutMINUTES - 02041986 - 1.31 1/
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 4, 1986 by the following vote:
AYES: Supervisors Fanden, Schroder, Torlakson, McPeak, Powers .
NOES: None.
ABSENT: None .
ABSTAIN: None.
SUBJECT: 1985-1987 Compensation for Employees
in Units Represented by Western 86/42
Council of Engineers
The Contra Costa County Board of Supervisors RESOLVES THAT:
1. On February 4, 1986, the Employee Relations Officer submitted the
Memorandum of Understanding dated February 4, 1986, entered into with
Western Council of Engineers for the Professional Engineer Unit.
2. This Board having thoroughly considered said Memorandum of Understanding,
the same is approved.
3. Salaries and Terms and Conditions of Employment, Western Council of
Engineers. Memorandum of Understanding with Western Council of Engineers is
attached hereto, marked Exhibit Z; and Section Numbers 1 through 45 inclusive
and Attachments A & B are incorporated herein as if set forth in full and made
applicable to the employees in the above-named unit.
4. If an Ordinance(s) is required to implement any of the foregoing
provisions, the Board of Supervisors will adopt said Ordinance(s).
5. This Resolution is effective as of July 1, 1985.
i hereby certify that this is a true W-1d cor-ect co dY`oi
an action taken and entered on aie rnlnutes of the
Board of Supervi ors o the date steo""n.
ATTESTED: �Uoard�
Pi�liL Bfq Ci�9irLCR, C9eric of tt
of Supervisors and County Administrator
By , Deputy
Org: Personnel Department
cc: County Administrator
County Counsel
Auditor-Controller
Public Works
Building Inspection
Western Council of Engineers
RLSOLUTION N0. 86/42
t Memorandum of Understanding
Between
Contra Costa County
And
Western Council of Engineers
This Memorandum of Understanding is entered into pursuant to the authority
contained in Division 34 or Board of Supervisors Resolution 81/1165 and has been
jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of
Contra Costa County in employer-employee relations matters as provided in Board
of Supervisors Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees in units in which the
Council 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 Memorandum of Understanding shall be presented to the Contra Costa County
Board of Supervisors as the joint recommendations of the undersigned for salary
and employee benefit adjustments for the period commencing July 1, 1985 and
ending June 30, 1987.
Special provisions and restrictions pertaining to Project employees covered by
this Memorandum of Understanding are contained in Attachment A which is attached
hereto and made a part hereof.
Definitions •
A. "Appointing Authority" means Department Head unless otherwise
provided by statute or ordinance.
B. "Class" means 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" means the designation given to a class, to each
position allocated to the class, and to the employees allocated to
the class.
D. "Council " means Western Council of Engineers.
E. "County" means Contra Costa County.
F. "Demotion" means the change of a permanent employee to another
position in a class allocated to a salary range for which the top
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x 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 Memorandum of Understanding, in the
Personnel Management Regulations, or in specific resolutions
governing deep classes.
G. "Director of Personnel " means the person designated by the County
Administrator to serve as the Assistant County Administrator-
Director of Personnel .
H. "Eligible" means any person whose name is on an employment or
reemployment or layoff list for a given class.
I . "Employee" means a person who is an incumbent of a position or who
is on leave of absence in accordance with provisions of this
Memorandum of Understanding and whose position is held pending his
return.
J. "Employment List" means a list of persons, who have been found
qualified for employment in a specific class.
K. "Layoff List" means 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 have
voluntarily demoted in lieu of layoff.
L. "Permanent Intermittent Position" means 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.
M. "Permanent Part-Time Position" means any position which will
require the services of an incumbent for an indefinite period but
on a regularly scheduled less than full-time basis.
N. "Permanent Position" means any position which has required, or
which will require the services of an incumbent without
interruption., for an indefinite period.
0. :'Project Employee" means 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.
P. "Promotion" means 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 Memorandum of Understanding, in the
Personnel Management . Regulations, or in specific resolutions
governing deep classes.
Q. "Position" means the assigned duties and responsibilities calling
for the .regular full-time, part-time or intermittent employment of
a person.
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R. "Reallocation" means the act of reassigning an individual position
from one class to another class at the same range of the salary
schedule or to a class which is allocated to another range that is
within five (5) percent of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class
resolutions or other ordinances.
S. "Reclassification" means 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.
T. "Reemployment List" means 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.
U. "Resignation" means the. voluntary termination of permanent
employment with the County.
V. "Temporary Employment" means any employment which will require the
services of .an incumbent for a limited period of time, paid on an
hourly basis, not in an allocated position or in permanent status.
W. "Transfer" means 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 (5) percent at top
step as the class previously occupied by the employee.
Section 1 - Recognition
1.1 Council Recognition. The Council is formally recognized as the
exclusive representative for the employees assigned to the Professional Engineer
Unit and has been certified as such pursuant to Board Resolution 81/1165.
Section 2 - Council Security
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board Resolution 81/1165
only . a majority representative may have dues deduction and as such the Council
has the exclusive privilege of dues deduction for all members in its units.
Dues deduction shall be based on the voluntary written authorization of the
employee which shall remain in effect so long as the employee remains in a unit
represented by the Council unless such authorization is cancelled in writing by
the employee. The dues deduction shall be for an amount specified by the
Council . The Council shall indemnify, defend, and hold the County harmless
against any claims made and against any suit instituted against the County on
account of dues deduction. The Council shall refund to the County any amounts
paid to it in error upon presentation of supporting evidence.
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a 2.2 Communicating With Employees. The Council 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 Council , 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 Council .
Representatives of the Council , not on County time, shall be permitted to place
a supply of employee literature at specific locations in County buildings if
arranged through the Employee Relations Officer; said representatives may
distribute employee organization literature in work areas (except work areas not
open to the public) if the nature of the literature and the proposed method of
distribution are compatible with the work environment and work in progress.
Such placement and/or distribution shall not be performed by on duty employees.
The Council 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 a
council officer on a matter within the scope of representation.
In' the application of this provision, it is agreed and understood that in each
such instance advance arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the departmental
representative in charge of the work area, and the visit will not interfere with
County services.
2.3 Use of County Buildings. The Council 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 and its use by the Council is scheduled
twenty-four (24) hours in advance;
B. There is no additional cost to the County;
C. It does not interfere with normal County operations;
D. Employees in attendance are not on duty and are not scheduled for
duty;
E. The meetings are on matters within the scope of representation.
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{
The administrative official responsible for the space shall establish
and maintain scheduling of such uses. The Council 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.
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2.4 Advance Notice. The Council shall , except in cases of emergency, have
the right to reasonable notice of any ordinance, rule, resolution or regulation
directly relating to matters within the scope of representation proposed to be
adopted by the Board, or boards and commissions designated by the Board, and to
meet with the body considering the matter.
The listing of an item on a public agenda or the mailing of a copy of a proposal
at least seventy-two (72) hours before the item will be heard, or the delivery
of a copy of the proposal at least twenty-four (24) hours before the item will
be heard, shall constitute notice.
In cases of emergency when the Board, or boards and commissions designated by
the Board determines it must act immediately' without such notice or meeting, it
shall give notice and opportunity to meet as soon as practical after its action.
2.5 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 Council , that the employee's classification
is represented by the Council and the name of a representative of .the Council .
The County will provide the employee with a packet of information which has been
supplied by the Council and approved by the County. The County will also provide
the addresses of new employees to the Council if the employee consents in
writing to the 'County providing this information to the Council .
2.6 The Council may distribute materials to designated Council
representatives through the County distribution channels if approved by the
Personnel Director or his designee. The decision of the Personnel Director is
final and not-subject to the grievance procedure. This privilege may be revoked
in the event of abuse after the Personnel Director consults with the Council .
2.7 Section 11 of the 1977-1979 Memorandum of Understanding between the
County and Western Council of Engineers shall be continued for the duration of
this Memorandum of Understanding.
Section 3 - No Discrimination
There shall be no discrimination because of race, creed, color, national origin,
sexual orientation or Council 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 handicapped person
solely because of such handicap unless that handicap prevents the person from
meeting the minimum standards established for the position or from carrying out
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t the duties of the position safely or in a manner that does not endanger the
health of such person. There shall be no discrimination because of Union
membership or legitimate union activity against any employee or applicant for
employment by the County or anyone employed by the County.
Section 4 - Official Council Representatives
4.1 Attendance at Meetings. Employees designated as official council
representatives shall be allowed to attend meetings held by County agencies
during regular working hours on County time as follows:
A. If their attendance is required by the County at a specific
meeting;
B. If their attendance is sought by a hearing body or presentation of
testimony or other reasons;
C. If their attendance is required for meetings schedule at reasonable
times agreeable to all parties, required for settlement of
grievances filed pursuant to Section 23 (Grievance Procedure) of
this Memorandum.
D. If . they are designated as a council representative in which case
they may utilize a reasonable time at each level of the
proceedings to assist an employee to present a grievance, provided
the meetings are scheduled at reasonable times agreeable to all
parties.
E. If they are designated as spokesperson or representative of the
Council 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.
4.2 Council Representative. Official representatives of the Council shall
be allowed time off on County time for meetings during regular working hours
when formally meeting and conferring in good faith or consulting with the
Employee Relations Officer or other management representatives on matters within
the scope of representation, provided that the number of such representatives
shall not exceed two (2) without prior approval of the Employee Relations
Officer, and that advance arrangements for the time away from the work station
or assignment are made with the appropriate Department Head.
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Section 5 - Salaries
5.1 General Wage Increases
A. Effective July 1, 1985 each represented classification
shall receive a general wage increase of 39 levels on the
County Salary Schedule (4%) .
B. Effective July 1, 1986, each represented classification
shall receive a general wa e increase of 58 levels on the
County Salary Schedule (6%�.
5.2 Equity Adjustments
A. Effective March 1, 1986 each Civil Engineer will receive
an equity adjustment .of 1 salary level (21-,%) in the
Engineering Deep Class.
B. Effective March 110 1986 all other classifications
represented by the Council shall receive an equity
adjustment of 24 levels on the County Salary Schedule
(2z%) •
C. Effective March 1, 1987 each Civil Engineer will receive
an equity adjustment of 1 salary level (22%) in the
Engineering Deep Class.
D. Effective March 1, 1987 all other : classifications
represented by the Council shall receive an equity
adjustment of 25 levels on the County Salary Schedule
5.3 Deep Class Adjustments
To conform to the provisions of subsection 5A the Civil Engineer
Deep Class will be modified as follows:
A. The Engineer-in-Training (EIT) held currently at step 3
will be eliminated.
B. The top, non-merit step for non-registered engineers will
be increased from step 11 to step 12 on March 1, 1986 and
from step 12 to step 13 on March 1, 1987.
C. The top, non-merit step for registered engineers will be
raised from step 17 to step 18 on March 1, 1986 and from
step 18 to step 19 on March 1, 1987.
D. On both March 1, 1986 and March 1, 1987 an additional
salary step will be added to the top of Engineering Deep
Class to allow for the two merit steps provided in the
deep class resolution.
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5.4 Entrance Salary. New employees shall generally be appointed at the
minimum step of the salary range established for . the particular class of
position to which the appointment is made. However, the appointing authority
may fill a particular position at a step above the minimum of the range.
5.5 Anniversary Dates. Except as may otherwise be provided for in deep
class resolutions, anniversary dates will be set as follows:
R 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 months
service.
B. Promotions. The anniversary date of a promoted employee is
determined as for a new employee in Subsection 5.5 A above.
C. Transfer, Reallocation and 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
(5) percent of the top step of the previous classification, remains
unchanged.
D. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary. range
and not required to serve a probation period is determined in the
same way as the anniversary date is determined for a new employee
who is appointed the same date, classification and step and who
then successfully completes the required probationary period.
E. Notwithstanding other provisions of this Section 5, the anniversary
of . an employee who is appointed to a classified position from
outside the County' s merit system at a rate above the minimum
salaryfor 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 year 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 annive.rsary is one (1) year after the first calendar day of
that month.
5.6 Increments Within Range. The performance of each employee, except
those .of employees already at the maximum salary step of the appropriate salary
range, shall be reviewed on the anniversary date as set forth in Section 5.5 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
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the increment or denial subject to one additional review at some specified date
before the next anniversary. (Which must be set at the time the original report
is returned).
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor. shall more than one (1) step within-range
increment be granted at one time, except as otherwise provided in deep-class
resolutions. In case an appointing authority recommends denial of the within
range increment on some particular anniversary date, but recommends a special
salary review at some date before the next anniversary the special salary review
shall not affect the regular salary review on the next anniversary date.
Nothing herein shall be construed to make the granting of increments mandatory
on the County. If an operating department verifies in writing that an adminis-
trative 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.
Part-Time Compensation. A part-time employee shall be paid a monthly
salary in the same ratio to the full-time monthly rate to which the employee
would be entitled as a full-time employee under the provisions of this Section 5
as the number of hours per week in the employee' s part-time work schedule .bears
to the number of hours in the full-time work schedule of the department.
5.8 Compensation for Portion of Month. Any employee who works less than
any full calendar month, except when on authorized paid leave, shall receive as
compensation for services an amount which is in the same ratio to the
established monthly rate as the number of days worked is to the actual working
days in such employee' s normal work schedule for the particular month; but if
the employment is intermittent, compensation.shall be on an hourly basis.
5.9 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
t 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
t classification. The salary of an incumbent of a position which is reclassified
to a class which is allocated to a range of the basic salary schedule greater
than the range of the class of the position before it was reclassified shall be
governed by the provisions of Section 5.11 Salary on Promotion.
5.10 Salary Reallocation and 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
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l 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. In the event that a classification is reallocated from a salary
range with more steps to a salary range with fewer steps on the
salary schedule, apart from the general salary increase or decrease
described in 5.9A above, each incumbent of a position in the
' reallocated class shall be placed upon the step of the new range
E: which equals the rate of pay received before the reallocation. In
the event that the steps in the new range do not contain the same
rates as the old range, each incumbent shall be placed at the step
of the new range which is next above the salary rate received in
} the old range, or if the new range does not contain a higher step,
at the step which is next lower than the salary received in the old
range.
C. In the event an employee is in a position which is reallocated to a
different class ,which is allocated to a salary range .the same as
above or below the salary range of the- employee's previous class,
the incumbent shall be placed at the step in the new class which
equals the rate of pay received before reallocation. In the event
that the steps in the , range for the new class do not contain the
same rates as the range for the old class, the incumbent shall be.
placed at the step of the new range which is next above,. the salary
rate received in the old range; or if the new range does not
contain a higher step, the incumbent shall be placed at the _ step
which is next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the. provisions of the
deep class resolution and incumbent salary allocations, if any,
shall supercede Section 5.10.
5.11 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 5.15, shall receive the salary in the. new
salary range which is next higher than the rate received before promotion. In
the event this increase is less than five percent (5%) , the employee' s salary
shall be adjusted to the step in the new range which is at least five percent
_ (5%) greater than the next higher step; provided, however, that the next step
shall not exceed the maximum salary for the higher class.
5.12 Salary on Appointment From a Layoff List. In the event of the
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
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` a-n increase of less than five (5) percent, in which case the salary shall be
adjusted to the step in the new range which is five (5) percent greater than the
next higher step, if the new range permits such adjustment.
5.13 Salary on Involuntary Demotion. Any employee who is demoted, except
as provided under Section 5.15, shall have his/her salary reduced to the monthly
salary step in the range for the class of position to which he has been demoted
next lower than the salary received before demotion. In the event this decrease
,a 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.
5.14 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, new
salary shall be set at the step next below former salary.
5.15 Transfer. An employee who is transferred from one position to another
as. described under "Transfer" shall be placed at the step in the salary range of
the new class which equals the rate of pay received before the transfer. In the
event that the steps in the range for the new class do not contain the same
rates as the range for the old class, the employee shall be placed at the step
of the new range which is next above the salary rate received in the old range;
or if the new range does not contain a higher step, the employee shall be placed
at the step which is next lower than the salary received in the old range.
Whenever a permanent employee transfers to or from a deep class, as provided in
the appropriatedeep class resolutions, the salary of the employee shall be set
as..pr•oVi ded in .the deep class resolutions- at a step not to exceed a- 5% increase
in the employee' s base salary.
However, if. the deep class transfer occurs to or from a deep class with
specified levels identified for certain positions and their incumbents, the
employee' s salary in the new class shall be in accordance with the section
on "Salary on Promotion" if the employee is transferring to another class or to
a level in a deep class for which the salary is at least 5% above the top base
step of the deep class level or class in which they have status currently.
5.16 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
5.11 Salary on Promotion of this Memorandum, commencing on the twenty-first
21st work day of the assignment, under the following conditions:
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1. The employee is assigned to a program service, or activity
established by the Board of Supervisors which is reflected in an
authorized position which has been classified and assigned to the
Salary Schedule.
2. The nature of the departmental assignment is such that the employee
in the lower classification becomes fully respo.nsible - for the
duties of the position of the higher classification.
3. Employee selected for the assignment will normally be expected to
meet the minimum qualifications for the higher classification.
4. Pay for work in a higher classification shall not be utilized as a
substitute for regular promotional procedures provided in this
Memorandum.
5. Higher pay assignments shall not exceed six (6) months except
through reauthorization.
6. If approval is granted for pay for work in a higher 'classification
and the assignment is terminated and later reapproved for the same
employee within thirty (30) days no additional waiting period will
be required.
7. Any incentives . (e.g. , the education incentive) and special
differentials (e.g. , bilingual differential and hazardous duty
differential ) accruing to the employee in his/her permanent
position shall continue.
8. 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.
9. 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..
5.17 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
employees option, of the employee' s basic salary of the previous month except
that it shall not exceed the amount of the previous month's basic salary less
all requested or required deductions.
The election to receive an advance shall be made on or before April 30 or
October 31 of each year or during the first month of employment by filing on
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forms prepared by the Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.15 all required or
requested deductions from salary shall be taken from the second installment,
which is payable on the tenth (10th) day of the following month.
5.18 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 48 hours, exclusive of Saturdays, Sundays and
' holidays from the time the Department is made aware of and verifies that the pay
warrant is in error.
Pay errors found 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 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 Personnel or designee, or the
Auditor-Controller or designee. Recovery of fraudulently accrued over or
underpayments are excluded from this section for both parties.
Section 6 - Days and Hours of Work
The normal work week of County employees is forty (40) hours between 12:01 a.m.
Monday to 12:00 midnight Sunday, usually five (5) eight-hour days; however,
where operational requirements of a department require deviations from the usual
pattern of five eight-hour days per work week, an employee's work hours may be
scheduled to meet these requirements. The Department. Head shall prepare written
schedules in advance to support all deviations, including the complete
operational cycle contemplated.
The work week for' employees in the "4-10" shift is four' '(4) * ten (10) hour
working days during a work week consisting of any seven (7) day period. 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), it will meet
and confer with the Union prior to implementing said new shift.
Section 7 - Overtime & Compensatory Time
7.1 Overtime. Overtime is any authorized work performed in excess of forty
hours per week or eight hours per day. Overtime for "4-10" shift employees is
any work performed beyond ten hours per day or forty hours per week. All
overtime shall be compensated for at the rate of one and one-half (1-2) times
the employee' s base rate of pay (not including shift and other special
differentials).
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Overtime for permanent employees is earned and credited in a minimum of one-half
hour increments and is compensated by either pay or compensatory time off.
Employees entitled to overtime credit for holidays in positions which work
around the clock shall be provided a choice as to whether they shall be paid at
the overtime rate or shall receive compensatory time off at the rate of one and
one-half hours compensatory time off for each hour worked. Such compensatory
time off, and the accumulation thereof shall be in addition to the total
vacation accumulation permitted under the terms of this Memorandum of
Understanding. The specific provision of this accumulation are set forth in
Section 12.5 of this Memorandum of Understanding. Regular overtime for 24-hour
institutional employees may be accrued as compensatory time in accordance with
Section 7.2 of this Memorandum of Understanding. -
7.2 Compensatory Time. The following provisions shall apply:
A. Employees may periodically elect to accrue compensatory time off in
lieu of overtime pay. Employees shall make a choice, which will
remain in effect for a period of one fiscal year July 1 - June 30.
Eligible employees must notify their Department Head or his/her
designee of their intention to accrue compensatory time off at
least seven (7) calendar days prior to July 1 of each year.
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, after the list has been compiled,
will be paid for authorized overtime hours worked until the
preparation of the next annual list, unless such employees
specifically rquest in writing to the Department Head or his
designee that they be placed on the list currently in effect.
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 sixty (60) hours. Once a sixty (60) hour balance has been
attained, authorized overtime hours will be paid at the overtime
rate. If the employee's balance falls below sixty (60) hours, the
employee shall again accrue compensatory time off for authorized
overtime hours worked until the employee' s balance again reaches
sixty (60) hours.
E. Accrued compensatory time off shall be carried over for use in the
next fiscal year; however, as provided in D above, accrued
compensatory time off balances may not exceed sixty (60) hours.
F. Employees may not use more than sixty (60) hours of compensatory
time off in any fiscal year period (July 1 - June 30) .
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G. The use of accrued compensatory time off shall be by mutual
agreement between the Department Head or his 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. This
provision may be waived at the discretion of the Department Head or
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his or her designee.
H. When an employee promotes, demotes or transfers from one
classification eligible for compensatory time off to another
classification eligible for compensatory time off
_ within the same department, the employee's accrued compensatory
time off balance will be carried forward with the employee.
I . Compensatory time accrual balances will be paid off when an
employee moves from one . department to another through promotion,
demotion or transfer. Said payoff will be made in accordance with
the provisions and salary of the class from which the employee is
promoting, demoting or transferring as set forth in J below.
J. 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,
. accrued compensatory time balances will be paid off at the straight
time rate (two-thirds 2/3 the overtime rate) for the employee' s
current salary 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.
K. The Office of the County Auditor-Controller will establish
timekeeping procedures to administer this Section.
7.3 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 M.O.U. 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. It 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 Memorandum of Understanding but shall be subject to
modification by the County to conform to the Federal Law without further
meeting and conferring. The County shall notify the Union (employee
organizations) and will meet and confer with said organization regarding the
implementation of such modifications.
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Section 8 - Call Back Time
Any employee who is called back to duty shall be paid at the appropriate rate
for the actual time worked plus one (1) hour. Such employee called back shall
be paid a minimum of two (2) hours at the appropriate rate for each call back.
Section 9 - On-Call Duty
On call duty is any time other than time when the employee is actually on duty
during which an employee is not required to be on County premises but stand
ready to immediately report for duty and must arrange so that his/her superior
can reach him/her on ten (10) minutes notice or less. An employee assigned to
on-call time shall be paid one (1) hour of straight time credit for each four
•_.(4) hours on such on-call time unless otherwise provided in the supplemental
sections. of this Agreement. Where on-call arrangements exist, the appointing
authority shall designate which employees are on-call unless otherwise provided
in the supplemental sections of this Agreement.
Section 10 - Shift Differential
In the hours which qualify for shift differential , employees shall receive five
percent (5q) 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 11 - Separation Through Layoff
11.1 Grounds for Layoff. Any employee(s) having permanent status in
positions) in t e 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).
11.2 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.
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11.3 Layoff by Displacement.
A. In the same class. A laid off permanent full-time employee
may displace an employee in the department having less
seniority in the same class who occupies a permanent
intermittent or permanent part-time position, the least senior
employee being displaced first.
B. In the Same Level or Lower Class. A laid off or displaced
employee who had achieved permanent status in a class at the
same or lower salary level as determined by the salary
schedule in effect at the time of layoff may displace within
the department and in the class an employee having less
seniority; the least senior employee being displaced first,
and so on with senior displaced employees displacing junior
employees.
11.4 Particular Rules on Displacing.
A. Permanent-intermittent and permanent part-time employees may
displace only employees holding permanent positions of the
same type respectively.
B. A permanent full-time employee may displace any intermittent
or part-time employee with less seniority (1) in the same
class as provided in Section 11.3A, or (2) in a class of the
same or lower salary level as provided in Sectin 11.2B if no
full-time employee in a class at the same or lower salary
level has less seniority than the displacing employees.
C. 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 Personnel 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.
11.5 Seniority. An employee' s seniority within a class for layoff . and
displacement purposes shall be determined by adding the employee' s length of
service in the particular class in question to the employee's length of service
in other classes at the same or higher salary levels as determined by the salary
schedule in effect at the time of layoff. Employees reallocated or transferred
without examination from one class to another class having a salary within five
percent of the former class as provided in Section 305.2 of the County' s
Personnel Management Regulations shall carry the seniority accrued in the former
class into the new class. Employees reallocated to a new deep class upon its
initiation or otherwise reallocated to a deep class because the duties of the
position occupied are appropriately described in the deep class shall carry into
the deep class the seniority accrued or carried forward in the former class and
seniority accruted in other classes which have been included in the deep class.
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Service for layoff and displacement purposes includes only the employee's last
continuous permanent County employment. Periods of separation may not be
bridged to extend such service unless the separation is a result of layoff in
which case bridging will be authorized if the employee is reemployed in a
permanent position within the employee's layoff eligibility. Approved leaves of
absence as provided for in these rules and regulations shall not constitute a
period of separation. In the event of ties in seniority rights in the
particular class in question, such ties shall be broken by length of last
continuous permanent County employment. If there remain ties in seniority
rights, such ties shall be broken by counting total time in the department in
permanent employment. Any remaining ties shall be broken by random selection.
among the employees involved.
11.6 Eligibility for Layoff List. Whenever any person who has permanent
status is laid off', has been displaced, has been demoted by displacement or has
voluntarily demoted in lieu of layoff or displacement, the person's name shall
be placed on the Layoff list for the class of positions from which that person
has been removed.
11.7 Order of Names on Layoff. First, layoff lists shall contain the names
of persons laid off or displaced or when demoted as a result of a layoff or
di.splacement, or who have voluntarily demoted in lieu of layoff or displacement,
names shall be listed in order of layoff seniority in the class from which laid
off, displaced or demoted 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.
11.8 Duration of Layoff and Reemployment Rights. The name of any person
laid off or granted reemployment privileges after application shall continue on
the appropriate list for a period of two (2) years. Persons placed on layoff
lists shall be continued on the list for an additional two years if application
for extension. of . eligibility is made before the expiration of the original
period ,of eligibility.
11.9 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. When a request for personnel is received
from the appointing authority of a department, if a layoff list exists for the
class, the appointing authority shall receive and appoint the eligible highest
on the layoff list from that department; or in the case that there is no layoff
from that department, the appointing authority shall receive and appoint the
eligible highest on the layoff list. However, if an eligible so certified is
rejected during probation and restored to the layoff list, the rejected employee
will not again be certified to the department from which rejected on probation
unless the appointing authority so requests. The Director of Personnel shall
recommend to the Board of Supervisors that a person employed from a layoff list
be appointed at the same step of that salary range the employee held on the day
of layoff.
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' 11.10 Removal of Names from Reemployment and Layoff Lists. The Director of
Personnel may remove the name of any eligible from a reemployment or layoff list
for any reason listed below:
A. For any cause stipulated in Section 404.1 of the Personnel
Management Regulations.
B. On evidence that the eligible cannot be located by postal
authorities.
C. 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.
D. If three offers of permanent appointment to the class for which the
[ eligible list was established have been declined by the eligible.
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E. If five certifications for permanent appointment from an open
s employment list, including certification to two different
departments if the class has permanent positions in more than one
department, have failed to result in selection and appointment.
F. If the eligible fails to respond to the Diredtor of Personnel or
the appointing authority within five (5) days to written notice of
certification mailed to the person'.s last known address. Notice
shall be sent to the person affected.
11.11 Council Notification. When it appears to the Department Head and/or
Employee Relations Officer that the Board of Supervisors may take action which
will result in the layoff of employees in a representation unit represented by
the Council , the Employee Relations Officer shall notify the Council of the
possibility of such layoffs and shall meet and confer with it regarding the
implementation of the action.
The County agrees to give employees ten (10) work days (eight (8) work days for
employees on the "4-10" workweek) notice of layoff except in cases of emergency.
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Section 12 - Holidays
12.1 The County will observe the following holidays:
i° A. January Ist, known as New Years Day
Third Monday in January known as Dr. Martin Luther King Jr. Day
Third 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 Veteran' s Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
a
Such other days as the Board of Supervisors may by resolution
designate as holidays.
B. Each full time employee shall accrue two (2) hours of personal
holiday credit per month. Such personal holiday time may be taken
in increments of one-half (1./2) hour, 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 thirty-two (32) hours of personal holiday credit.
On separation from County service, an employee shall be paid for
any unused personal holiday credits at the employee's then current
pay rate.
12.2 The following provisions indicate how holiday credit is to be applied:
A. : Employees on the five-day Monday through Friday work schedule
shall be entitled to a holiday whenever a holiday is observed
pursuant to the schedule cited above.
B. Employees on a work schedule other than Monday through Friday
shall be entitled to credit for any holiday, whether worked or
not, observed by employees on the regular schedule.
C. For all employees, if a work day falls on a scheduled holiday
they shall receive overtime pay or equivalent compensatory
time credit (holiday credit) for working the holiday: or if a
-holiday falls on the day off of an employee, the employee
shall be given straight time pay or equivalent compensatory
time credit and unless - otherwise provided for in other
Sections of this Agreement.
D. If any holiday listed in Section 12.1(A) above, falls on a
Saturday, it shall be celebrated on the preceding Friday. If
any holiday listed in Section 12.1(A) falls on a Sunday, it
shall be celebrated on the following Monday. For employees in
positions assigned to units or services on a shift operational
cycle which includes a Saturday or Sunday as designated by the
20
r
' appointing authority (rather than Monday through Friday 8
hours per day or a designated 4-10 or 9-80 schedule) holidays
shall be observed on the day on which the holiday falls
regardless if it is a Saturday or Sunday.
12.3 Permanent Part-Time Employees shall receive holiday credit in the same
ratio to the holiday credit given full-time employees as the number of hours per
week in the part-time employee' s schedule bears to the number of hours in the
regular full-time schedule, regardless of whether the holiday falls on the part-
time employee's regular work day.
12.4 "4-10" Shift - Holidays.
A. Holiday Shift Pay. For all employees, if a work day falls on a
scheduled holiday they shall receive overtime pay or equivalent
,1 compensatory time credit (holiday credit) for working the holiday
for the first eight (8) hours worked, or if a holiday falls on the
day off of an employee, the employee shall be given straight_ time
pay or equivalent compensatory time credit for eight (8) hours.
A
B. Absence on Holiday. The maximum time charged to sick leave,
vacation or leave without pay on a holiday shall be two (2) hours.
12.5 "9-80 Shift-Holidays.
A. Holiday Shift Pay. For all employees; if a work day falls on a
scheduled holiday, they- shall receive overtime pay or equivalent
compensatory time credit (holiday credit) for working the holiday
for the first eight (8) hours worked; or if a holiday falls on the
day off of an employee, the employee shall be given straight time
pay or equivalent compensatory time credit for eight (8) hours.
B. Absence on Holiday. The maximum time charged to sick leave,
vacation, or leave without pay on a holiday shall be one (1) hour.
12.6 Accrual of Holiday Time & Credit. Employees entitled to. holiday
credit. s.ha be- permitted to elect between pay or compensatory time off in
recognition of holidays worked.
The following procedures shall apply to this selection:
A. Any person who is eligible and who elects to accrue holiday credit
w; must agree to do so for a full fiscal year (July 1 through June 30)
or the remainder thereof.
B. Employees starting work after a list of those electing to accrue
holiday credit has been submitted to the Auditor and approved will
be paid overtime unless they specifically request in writing within
seven (7) calendar days to be placed on the holiday credit accrual
list.
C. Holiday time shall be accrued at the rate specified above to a
maximum of eight (8) hours worked by the employee.
21
D. Accrued holiday credit may not be accumulated in excess of two-
hundred eighty-eight (288) working hours, exclusive of regular
vacation accruals. After 288 hours, holiday time shall be paid at
the rates specified above.
E. Accrued holiday credit may be taken off at times determined by
mutual agreement of the employee and the department head.
F. Accrued holiday credit shall be paid off only upon a change in
status of the employee such as separation, transfer to another
department or reassignment to a permanent-intermittent position.
Section 13 Vacation Leave
j13.1 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
y 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 5.7 of this Memorandum of
Understanding. Vacation credits may not be taken during the first 6 calendar
months of employment (not necessarily synonymous with probationary status)
except where sick leave is exhausted; and none shall be allowed- in excess of
actual accrual at the time vacation is taken. Vacation may be taken in
increments of 1/2 hour.
13.2 Vacation Accrual Rates. For employees hired prior to October 1, 1979
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 11 years 10 240
11 years 10-2/3. 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
a
22
For employees hired on or after October 1, 1979 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
Employees in permanent part-time and permanent-intermittent positions shall
accrue vacation benefits on a pro-rata basis as provided in Section 36-1.006 of
Board Resolution 81/1165.
13.3 Employees who are rehired and have their service bridged in accordance
with the provisions of this Memorandum of Understanding shall accrue vacation in
accordance with the accrual formula for employees hired after October 1, 1979.
However, prior service time which has been bridged shall count toward longevity
accrual .
13.4 No employee who has been granted a leave without pay or unpaid
military leave shall accrue any vacation credit during the time of such leave,
nor shall an employee who is absent without pay accrue vacation credit during
the absence.
13.5 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.
13.6 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 Agreement.
Section 14 - Sick Leave
14.1 The purpose of paid sick leave is to insure employees against loss of
pay for temporary absences from work due to illness or injury. Sick leave may
be used only as authorized; it is not paid time off which employees may use for
personal activities.
14.2 Sick leave credits accrue at the rate of eight (8) working hours
credit for each completed month of service. Employees who work a portion of a
month are entitled to a pro rata share of the monthly sick leave credit computed
on the same basis as is partial month compensation.
23
Credits to and charges against sick leave are made in minimum amounts of one-
half (1/2) hour. Unused sick leave credits accumulate from year to year. When
an employee is separated, other than through retirement, accumulated sick leave
credits shall be cancelled, unless the separation results from layoff in which
case the accumulated credits shall be restored if the employee is reemployed in
a permanent position within the period of his layoff eligibility.
Upon retirement, an employee' s accumulated sick leave shall be converted to
retirement time on the basis of one day of retirement service credit for each
day of accumulated sick leave credit.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval , by an employee in pay status, but only in the following instances:
A. An employee may use paid sick leave credits when the employee is
off work because of a temporary illness or injury.
B. 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 conditions listed
below. For the purposes of this Section 14 permanent disability
shall mean the employee suffers from a disabling physical injury or
illness and is thereby prevented from engaging in any County
occupation for which he or she is qualified by reason of education,
training or experience. Sick leave credits may be used under this
provision only when the following requirements are met:
1. An application for retirement due to disability has been
filed with the Retirement Board and
2. Satisfactory medical evidence of such disability is
received by the appointing authority within thirty (30)
days of the start of use of .sick leave for permanent
disability. The appointing authority may review medical
evi-dence and order further examination as he deems
necessary, and may terminate use of sick leave when such
further exa-mination demonstrates that the employee is not
disabled, or when the appointing authority determines that
the medi-cal evidence submitted by the employee is
insufficient, or where the above conditions have not been
met.
C. Communicable Disease. An employee may use paid sick leave credits
while under a physician's .orders to remain secluded due to exposure
to a communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. Every female
employee shall be entitled to at least four months leave of absence
on account of pregnancy disability and to use .available sick leave
or vacation pay entitlements during such leave.
1. Application for such leave must be made by the employee to
the appointing authority accompanied by a written
24
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. The appointing authority
retains the right to medical review of all requests for
such leave.
2. If a female employee does not apply for sick 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
s to by pregnancy, miscarriage, abortion, childbirth or
_ recovery therefrom, the employee shall be required to
undergo a physicial examination by a physician selected by
the County, the cost of such examination shall be borne by
.the County. Should the medical report so recommend, a
a mandatory leave shall be imposed upon the employee for the
duration of the disability.
3. If all accrued sick leave has been utilized by the
employee, the employee shall be considered on leave
without pay. 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 date of the employee' s recov-
ery from such disability.
E. Medical and Dental Appointments. An employee may use paid sick
leave credits for medical and dental appointments as follows;
1. For working time used in keeping medical and dental
appointments for the employee' s own care; and
2. Effective the first of the month following the execution
of this agreement, for working time (not over thirty-two
{3.2) hours in each fiscal year) used by an . employee for_.., .
pre-scheduled medical and dental appointments for an
immediate family member living in the employee' s home.
Such use of sick leave credits shall. be accounted for by
the department on a fiscal year basis. Any balance of the
thirty-two (32) hours remaining at the end of the fiscal
year shall not be carried over to the next year;
departments shall notify the employee if the maximum
allowance is reached. Authorization to use sick leave for
this purpose is contingent on availability of accumulated
sick leave credits; it is not an additional allotment of
sick leave which employees may charge,
F. Emergency Care of Family. Effective the first of the month
following the execution of this Agreement, an employee may use paid
sick leave credits (up to three (3) work days per incident unless
25
the Department Head approves more) for working time used in cases
of illness, or injury to, an immediate family member living in the
employee' s home, if there is a real need for someone to render care
and no one else is available ' therefore, and if alternative
arrangements for the ill or injured person are immediately
undertaken.
G. Death of Family Member. An employee may use said sick leave
credits for absence from work because of a death in the employee' s
immediate family, but this shall not exceed three (3) working days
plus up to two (2) days of work time for necessary travel .
14.3 Administration of Sick Leave.
a
A. Accumulated paid sick leave credits may not be used in the following
situations:
1. Vacation. For an employee's illness or injury while the,
employee is on vacation except when extenuating
circumstances exist and the appointing authority approves.
2. Not in Pay Status. When the employee would otherwise be
eligible to use paid sick leave credits but is not in a
pay status.
B. The proper administration of sick leave is a responsibility of -the
employee and the Department Head. The following procedures apply:
1. Employees are responsible for notifying their department of an
absence as early as possible prior to the commencement 'of their
work shift or not later than 30 minutes thereafter if possible.
Notification shall include the reason and possible duration of
the absence. For purposes of this subsection "A" employees of
departments which publish. other notification policies shall be
subject to those policies.
2.. Employees are. responsible for keeping their department informed
of their continuing condition and probable date of return to
work.
3. Employees are responsible for obtaining advance approval from
..their appointing authority or designee for the scheduled time
of prearranged personal or family medical and dental
appointments.
The use of sick leave may be denied if these procedures are not followed. Abuse
of sick leave on the part of the employee is cause for disciplinary action. To
ascertain the propriety of claims against sick leave, department heads may make
such investigations as they deem necessary,
26
14.4 Disability.
A. An employee physically or mentally incapacitated for the
performance of duty is subject to dismissal , suspension or
demotion, subject to the County Employees Retirement Law of 1937.
An appointing authority after giving notice may place an employee
on leave if the appointing authority has filed an application for
disability retirement for the employee, or whom the appointing
authority believes to be temporarily or permanently physically or
mentally incapacitated for the performance of the employees duties.
B. An appointing authority who has reasonable cause to believe that
there are physical or mental health conditions present in an
3 employee which endanger the health or safety of the employee, other
j . 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 and/or
psychiatric examination by a licensed physician and receive a
report of the findings on such examination. If the examining
1 physician recommends that treatment for physical or mental health
-i 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 Personnel Director may order lost pay restored
for good cause and subject to the employee' s duty to mitigate
damages,
D. Before an employee returns to work from any absence for illness or
injury, other leave of absence or disability leave, exceeding two
weeks in duration, the appointing authority may order the employee
to undergo at County expense a. physical,,, medical ,. . and/or .
psychiatric examination by a licensed physician, and'may consider a
reportof 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 deems necessary in accordance with appropriate provisions of
this Memorandum of Understanding.
E. Before an employee is placed on an unpaid leave of absence or
suspended because of physical or mental incapacity under (a) or (b)
above, the employee shall be given notice of the proposed -leave of
absence or suspension by letter or memorandum, delivered personally
or by certified mail , containing the following:
1. a statement of the leave of absence or suspension pro-
posed;
27
2. the proposed dates or duration of the leave or suspension
which may be indeterminate until a certain physical or
mental health condition has been attained by the employee;
3. a statement of the basis upon which the action is being
taken;
4. a statement that the employee may review the materials
upon which the action is taken;
5. a statement that the employee has until a specified date
(not less than seven (7) work days from personal delivery
or mailing of the notice) to, respond to the appointing
j authority orally or in writing.
I "
f 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.
28
H. After having complied with the notice requirements above, the
appointing authority may order the leave of absence or
suspension in writing stating specifically the basis upon
which the action is being taken, delivering the order to the
employee either personally or by certified mail , effective
either upon personal delivery or deposit in the U.S. Postal
Service.
I . An employee who is placed on leave or suspended under this
section may, within ten (10) calendar days after personal
delivery or mailing to the employee of the order, appeal the
order in writing through the Director of Personnel to the
Merit Board. Alternatively, the employee may file a written
election with the Director of Personnel 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 Personnel ' to the Merit Board for
hearing under the Merit Board' s Procedures, Section 1114-1128
inclusive. Medical reports submitted in evidence in such hearings
shall remain confidential information and shall not be a part of
the public record.
L. If the appeal is to a Disability Review Arbitrator, the employee
(and his representative) will meet with the County' s representative
to mutually select. the Disability Review Arbitrator, who may be a
defacto arbitrator, or a physician, or a rehabilitation specialist,
or some other recognized specialist mutually selected by the
parties. The arbitrator shall hear and review the evidence. The
decision of the Disability Review Arbitrator shall be binding on
both the County and the employee.
Scope of the Arbitrator's Review.
a. The arbitrator may affirm, modify or revoke the leave of
absence or suspension.
b. The arbitrator may make his decision based only on
evidence submitted by the County and the employee.
29
C. The arbitrator may order back pay or paid sick leave
credits for any period of leave of absence or suspension
if the leave or suspension is found not to be sustainable,
subject to the employee's duty to mitigate damages.
d. The arbitrator' s fees and expenses shall be paid one-half
by the County, and one-half by the employee or employee' s
union,
14.5 Workers' Compensation.
A. Employees who leave work as a result of an on-the-job injury will
.:have the. balance of that day charged to sick ileave and/or vacation
accruals. This will be considered as the last day worked for
purposes of determining Workers' Compensation Benefits,
B. Three (3) consecutive calendar days following the last day worked
constitutes a waiting period before Workers' Compensation starts.
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 twenty-one (21) days,
A permanent employee shall continue to receive full regular salary
during ; any priod of compensable temporary disability ' absence.
"Compensable temporary disability absence" for the purpose of this
Section, is any absence due to work connected disability which
qualifies for temporary disability :compensation under : Workers'
Compensati n Law set forth in Division 4 sof the California Labor Code.
When any disability becomes permanent, the salary provided in this
Sectin shall terminate. The employee shall return to the County all
temporary disability payments received from any County funded wage
replacement program. 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 salary payments are
made.
'The --maximum period for the described salary continuation for any
one injury.or illness shall be one year from the date of temporary
disability.
^Continuing pay begins at the same time that temporary Workers'
Compensation starts and continues until the temporary disability
ends, or until one (1) year has expired, whichever comes first.
All continuing pay under the Workers' Compensation Program will -be
cleared through the County Personnel Department, Safety Division.
Whenever an employee who has been injured on the job and has
returned to work is required by an attending physician to leave
30
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. This provision applies 'only to injuries
that have been accepted by the County as a job connected injury.
D. Full pay beyond one year. If an injured employee .remains eligible
for temporary disability beyond one year, full salary will continue
by integrating sick leave and/or vacation accruals with workers'
v compensation benefits. If salary integration is no longer
available, workers' compensation benefits will be paid directly to
the employee as prescribed by workers' compensation laws.
E Rehabilitation Integration An injured employee who is eligible
. for workers' -compensation rehabilitation temporary °-disability
benefits and who se disability is medically permanent and stationary
rt "I I `continue to receive full salary by 'integrating .sick leave
4 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.
F. Health Insurance. The County contribution to the employee's group
insurance plan s) continues during the continuing pay period and-
during integration of . sick leave or vacation with workers'
compensation benefits.
G. Method of Integration:
An employee' s sick leave and/or vacation charges shall be
calculated as follows:
C = 8 jl - (W SA
Where C = sick leave or vacation charge per day (in hours)
W = statutory workers' compensation for a month
S = monthly salary . .
14.6 Definition of Immediate Family. For the purposes .of this Section 14,
the immediate family shall be restricted to the spouse, son, stepson, daughter,
'stepdaughter, father, . . stepfather, mother, stepmother, brother, .: sister,
;grandparent, grandchild, father-in-law, mother-in-law, 'son-in-law, daughter-in-
law,''`brother-in-law or sister-in-law, 'of an employee. '.
:14.7 - 'It is understood that the benefits specified above .in this Section 14
,a. '§hall be coordinated with the rehabilitation program as determined by the labor-
' . :management committee.
_ -
14.8 No employee who has been granted a leave without pay or an unpaid
military leave shall accrue any sick leave credits during the time of such leave
nor shall an employee who is absent without pay accrue sick leave credits during
the absence.
31
14.9 :.Disability Insurance Review Committee. ' ' The County shall establish a
Disability Insurance Review Committee consisting of one representative from each
employee organization and four management representatives to review and
recommend to .the Director of Personnel the feasibility of implementing a self-
funded and self-administered disability insurance program.
Section 15 - Leave of Absence
15.1 Leave Without Pay. Any employee who has permanent status in the
classified service may be granted a leave of absence without pay. upon written
request, approved by the appointing authority; provided, however, that leaves
for,. pregnancy shall be. granted in accordance with applicable state and federal
f law.
i .
Re uests' . for leave without a shall be made' upon
- q' p y p forms prescribed by the
Director of -YPersonnel :and shall state specifically the `reason for the request,
..the date when it ,is -desired to begin -the leave and the probable date of return.
A Leave without pay may be granted for any of the following reasons:
1. Illness or disability;
2.. pregnancy;
3. to take a course of study such as will increase his/her
usefulness on return to his/her position;
4. for other reasons or circumstances acceptable to the
appointing authority.
A leave without pay may be for a period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. Procedure in
granting extensions shall be the same as that in granting the original leave,
provided that the request for extension must be made not,.later than thirty (30)
calendar days before the expiration of the original leave.
Whenever an employee who has been granted a leave without any pay desires to
return before the expiration of such leave, the employee shall so request of the
appointing authority in writing at least fifteen (15) days in advance of the
'return -for approval by the appointing authority. The Personnel Department shall
be notified promptly of such return. Failure to submit timely written notice
may result in the employee not being permitted to return to work until the
required notice period has elapsed.
Except with Ires.pect =to leave due to pregnancy, ki11ness or _disability, the
` 'decision of the. appointing authority on granting or�,denying a leave of absence
,shall be subject .to -appeal to the Personnel Director. and not subject to appeal
:.through the :,grievance procedure set forth in Section 23 of this Memorandum of
Understanding. _
15.2 Military Leave. Any employee in the merit system and who is required
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. An
employee who volunteers for such service shall be granted a leave of absence if
32
necessary in accordance with applicable state ''or federal :laws ..,.Upon the
termination of such service or upon honorable discharge, .the employee shall be
entitled to return to his/her position in the classified service provided such
still exists and the employee, .is otherwise qualified, without any' -loss of
standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which
may be accured 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 f p '
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 Personnel may deem necessary.
15.3 Leave of Absence Replacement. Any ;pe rmanent : employee in the merit
system 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 that classification and department.
In_ case of .severance from service by reason of the reinstatement of a permanent
employee, the provisions of Section 11-(Separation Through Layoff) shall apply.
15.4 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.
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. . .
15.5 Unauthorized Absence. An unauthorized absence from the work site or
failure to report for,.duty after a leave .request„has f.been disapproved, revoked,
or cancelled by the appointing authority, or at the `expiration of. a leave shall
be without ,`pay Such :absencemay also- be grounds for disciplinary 'action
:,Section 16 Jury Duty and Witness Duty
16.1 �Jury 'Duty .`If called for .;jury .duty in ;'a Municipal , `Superior, or
Federal Court, or fora Coroner's jury, employees may remain in their regular
pay status, or they may take vacation leave or leave without pay and retain all
fees and expenses paid to them.
If an employee is called for jury duty and elects to remain in a regular pay
status and waive all fees (other than mileage allowances) received, the employee
33
shall obtain from the Clerk or Jury 'Commissioner -a 'certificate which shall
indicate the days attended and the fact that fees 'other.'than mileageare waived.
The employee shall furnish the court - certificate ;to phis/her department, 'which
shall • be retained as a department' record. When serving jury duty in a _federal
court, an employee shall return all fees (other than mileage allowance) received
to the County.
When an employee is called for jury duty and elects to retain all fees, the
employee must take vacation leave or leave without pay. :No court certificate is
required in this instance.
Employees shall advise their 'department as "soon as possible if •scheduled to
appear for jury .duty
r.
Permanent `'intermittent `employees ' are entitled paid ' Jury '":duty ;,;1 eave .'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 'o'ver '
the County all "fees and
expenses paid to them other than mileage allowance or they may take vacation
ay and 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 Section 16 of this Memorandum of Understanding.
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 and Welfare, Life and Dental Care ,
17.1 The County -will - continue: the existing County Group Health Plan program
of medical , -dental and life insurance -coverage through California Dental
Service, Safeguard Dental Plan, Aetna Life Insurance and the medical insurance.
'
options of Kai ser-Permanente .Foundation Health };•Pian,:;Bi ue Cross of .,Northern .
:California Health ;Plan,- the Contra Costa .County Health :,Pl an,-{H.E.A.L.S. Health
' >P1an, IPM `Health -`=Plan 'and ..Lifeguard Health Plan xto' all permanent employees
�• .
re ularl scheduled to work 'twenty g y y (20) or more ,hours�per .week.
x
17.2 -Al ternati ves. During 'the .term of this Memorandum of .Understanding, '
._;,-the County ,,:i ntends .'U seek alternatives -to the ==B1 ue Cross 1Medi cal -i:PI an by
requesting that health care companies submit -bids ,on the cost of furnishing
identical or similar benefits as are provided under •the Blue Cross Plan. The
Union will be given an opportunity to meet and confer on the coverage afforded
under such substitute plans before they are implemented,
17.3 Health Plan Options & Rates. Effective August 1, 1985 the cost of the
existing County Group Health Plan Programs will be as follows:
34
s
4
Kaiser Health Plan Option
Category Total Cost County Share . Employee Share
Employee Only (No Medicare)
No Dental $ 74.89 $ 73.36 $ 1:53
CDS 89.14 79.81 - 9.33
Safeguard 84.53 79.81 4.72
Family (No Medicare)
No Dental 185.59 165.50 $ 20.09
CDS 218.84 171.12 -:47.72
'Safeguard .:,
205.57 171 12 34.45 .
Blue Cross Health Plan."Opti
. : on
Category Total Cost County Share EmployeeShare
Employee Only (No Medicare)
No Dental - $190.82 $ 91.18 $ 99.64
CDS 205.07 97.27 107.80
Safeguard 200.46 97.27 103.19
Family .(No Medicare)
No Dental $342.91 $151.50 $191.41
CDS 376.16 169.62 206.54
Safeguard 362.89 169.62 193.27
Contra Costa Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 73.57 $ 72.54 $ 1.03
CDS 87.82 83.79 4.03
Safeguard 83,21 82.18 1.03
Family (No Medicare)
No Dental 185.40 170.50 14.90
218.65 173.98 : w:.44.67
Safeguard 205.38 173 98 31 40
35
H.E.A.L.S. Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 85-.49 $ 80.32 $ 5.17
CDS 99.74 87.62 12.12
Safeguard 95.13 87.62 7.51
Family (No Medicare)
No Dental 200.40 164.77 $ 35.63
;CDS :,: 233.65 . 176.05 57,60
_ rvtSafeguard 220.38 ;;176.05 . 44.33
IPM Health Plan Option
; . Category Total Cost County 4 ty Share Employee Share
: , .Employee Only (No Medicare)
No Dental $ 74.31 $ 72.47 $ 1.84
CDS 88.5.6 79.81 8.75
Safeguard 83.95 79.81 4.14
Family (No Medicare)
No Dental 219.67 165.50 $ 54.17
CDS 252.92 174.18 38.74
Safeguard 239.65 174.18 65.47
Lifeguard Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 83.56 $ 73.36 $ 10.20
CDS 97.81 79.81 18.00
Safeguard 93.20 79.81 13.39
Family (No Medicare)
No Dental 208.36 165.50 42.86
CDS _ 241.61 V 4171.12 70.49
Safeguard x: 228.34 :171.12 57.22
36
Dental Plans Only
Category Total Cost County Share . Employee Share
Employee Only
CDS $ 15,48 $ 15.47 $ .01
Safeguard 10,87 10.86 .01
Family
CDS 34.48 34.47 .01
Safeguard 21.21 21.20 .01
.The employee Will pay a minimum of one cent ( O1) for any Health Plan or Dental
Care Coverage.
17.4 Increased '.Costs. All _,rates .:shown above include life insurance
coverage., :.The ;rates listed -above are effective' 8/1/85 ;and are based on .the
.:,County contributing yup to a maximum of six'-1dollars ($6.00) per month of
ncreased : premium ,for ,.a single subscriber and ,fourteen dollars ($14.00) per
month of increased premium for a subscriber with dependents.
Effective 8/1/86 the County will contribute up to six dollars ($6,00) per month .
for a single subscriber and up to fourteen dollars ($14.00) per month for a
subscriber with dependents, based on the premium increase set by the
Kaiser-Permanente Foundation Health Plan.
Any increase in the Health Plan costs greater than the County contributions
identified above occuring during the duration of this Memorandum of .
Understanding shall be borne by the employee.
17.5 Medicare Rates, y Corresponding Medicare rates for employees covered
under this Memorandum of Understanding shall be' as follows: for Employee Only
on Medicare -by taking the Employee Only rate 'for the option selected and
subtracting the monthly Part B Medicare premium withheld from Social Security
payments for one enrollee; for Employee and Dependent(s) with one member on
:.''Medicare by taking the Employee and Dependent(s) rate for the option selected
and subtracting the monthly Part B Medicare premium withheld from Social
Security payments for one enrollee; for Employee and Dependent(s) with two
members on Medicare by taking the Employee and Dependent(s) rate for the option
_:selected and .subtacting the monthly Part B Medicare premium withheld from Social
Security payments for two enrollees.
6
17.6 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. An employee is thus covered by the health plan for the month in which
compensation is paid.
17.7 Coverage During Absences. An employee who is on approved leave of
absence may convert to individual health plan coverage within thirty (30) days
of the commencement of leave.
37
Employees shall be allowed to maintain their .Health Plan coverage at the County
group rate for twelve '• (12) months if on approved medical 1 eave of absence
provided that the employee shall pay the entire premium. (i .e. , both employer and
.employee share) for :the Health Plan during said leave. , Said payment -shall be
made by the employee at a time 'and place specified by the County. Late payment
shall result in cancellation of Health Plan coverage.
An employee ' 'Who "terminates County employment who has earned compensationfor
actual time worked or is credited for time worked through .vacation or sick leave
accruals, is only covered .through the month in which ,,he' is credited with
io
compensatn; An employee who terminates County employment may convert to
: ;:individual health plan coverage.
17.8 Retirement Coverage• Upon retirement may remain in the
same County group medical plan if immediately before ' their `:retirement .they are
either active<subscribers to one :of ;the County Health Pians or':if on ,authorized
r leave of absence without pay they'have' retained individual conversion membership
::. from the :County'pl an : ..
17.9 Dual 'Coverage., If a husband and wife both work for the County and one `
of ,them is laid off, the remaining eligible shall be . allowed to enroll or
transfer into the health coverage combination of his/her choice.
An eligible .employee who is no longer covered for medical or dental coverage
through a spouse' s coverage shall be allowed to enroll or transfer into the
health coverage combination of his/her choice .within thirty (30) days of the
date coverage is no longer afforded under the spouse's plan.
Section 18 Probationary Period
18.1 Duration. All appointments from officially promulgated employment
lists for original entrance or promotion shall be subject to a probationary
period. This period shall be from six (6) months to two (2) years duration.
18.2 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 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
-Iimite'd .'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 empl•oyeestappointed to permanent-intermittent positions with a six (6)
months probation: ,period, probation will be considered ;completed upon serving .
one-thousand ;(1,000) hours after appointment _except that An no instance will
this period "be less than six (6) calendar months from the beginning of
probation. If a 'permanent-intermittent probationary employee is reassigned to
full-time, credit toward probation completion in the full-time position shall be
prorated on the basis of one hundred seventy-three (173) hours per month.
38
'18.4 Rejection During Probation. An 'employee, who is rejected during the
probation ._period and restored to the eligible list ..shall begin a new
probationary period if subsequently certified and appointed,
A. Appeal from rejection. Notwithstanding any other provisions of
this section, an employee (probationer) shall have the right to
appeal from any, rejection during the probationary period based on
political - or ' .religious . affiliations " or opinions, Council
activities, `or race, color, national origin, sex, age, handicap, or
sexual orientation.
B. •-The appeal must be written, must be signed by 'the employee and set
,:Jorth the, grounds and facts by which it is claimed that grounds for
appeal exist ;;under Subsection' (A) andYmust-
be �.filed through the
'Director_;of.,Personnel to .the Merit Board by '5:00 p.m. on .the -7th
cal endar.-da 'after the date of del i very*'to the 'employee of 'notice
r
Y Y :
.= of rejection
. 0 The Merit Board shall consider the appeal "and if it finds probable
cause to believe that the rejection may have been based on grounds
prohibited in Subsection (A) , it may refer the matter to a Hearing
Officer for hearing, recommended findings of fact, conclusions of
law and decision, _pursuant to the relevant provisions of the Merit
Board rules -in which proceedings the rejected probationer has the
burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall
deny the appeal . . If, after hearing, the Merit Board upholds the
appeal , it shall direct that the appellant ,be 'reinstated. in the
position and the appellant shall begin a new probationary period
unless the Merit Board specifically reinstates the former period.
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 Personnel receive from the
appointing authority a statement in writing that the services of the employee
:-during -the probationary peri o.d were satisfactory and- ,that-: the - empl-oyee i's
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...of Understanding, without notice ,and without right of appeal
: zor 'hearing except as-`provided in Section 18.4A.-:1f the appointing authority has
rY: ',,,` 'not returned the probation report, `a probationary employee may be rejected from
A� phe .:s' hi fathe aappo nti glmauthori ty fails
period for failure to
t , ass probation.
-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 Memorandum of Understanding, 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
39
l.ist,' shal1 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 Ipromoted 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 trans '
ferred.
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
:'authorityand is ;;certified by the Personnel Director whose decision is final .
The.Direct or of Personnel shall not certify the, name of a Iperson restored to the
eligible: °list to :the :dame appointing 'authority by whom the person was rejected
from the 5same eligible ;list, unless such certification 1s requested -in writing
by the appointing authority
. =-18.6 Layoff During Probation An employee who is laid ,off during
probation,,:-,'if....reemployed -i n 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 of subsequently certified and appointed J n . a..
different department or classification' than that from which the employee was
laid off.
1 Section" 19 - 'Promotion
19.1 ---Competitive Exam. ';Promotion shall _by competitive .examination
-
: unless otherwise provided in this Memorandum of Understanding.
19.2 Promotion'.Polic The Director of Personnel
y. , -upon request of an
appointing authority, shall determine whether an examination is to' be called on
a promotional basis.
19.3 Open Exams. If an examination for one of the classes represented by
the Council is proposed to be announced on an Open only basis the Director of
Personnel shall give five (5) days prior notice of such proposed announcement
40
r
and shall meet at therequest of 'the Council 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 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„hof ,the position must have performed at the higher~
:level for-one
�; C.';; The <, incumbent. mustmeet the minimum education and experience
Y ° ,..requirements for'vthe higher `cl
D. The action must-have `approval of the Personnel Director.
E. The Council 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 percent - (74%) or more, shall. .receive ' .. in .addition to all -other
credits, five one'-hundredths of one percent '(;45%) 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 as ,
;, :Seniority credits shall be
.included in ;;the '::final `Ypercentage `score ,:from `which the rank on the promotional
1 i st 'i s determined No •empl oyee, :however;''..shall 1 receive more than. a total of
Y five percent .(5%) credit for seniority in any promotional examination.
19.7 '.County employees who are required as partryr of `the , `promotional
examination process to take a physical examination shall do so on County 'time 'at
-County expense,
41
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Section 20 - Transfer
20.1 The following conditions 'are required in order 'to .qualify for
.. `transfer: _
A. The position shall be in the same class, 'or if in a different class
shall have been determined by—the Director .of Personnel to be
appropriate"for transfer on'the' basis ,Of minimum qualifications and
qualifying procedure.
B. The .employee shall have permanen
t status in .the merit system and
shall be tin good standing
• 4F
C "-The 'appointing ;authority ,or au"thori ti es involved i n thetransaction
shall have .indicated :their agreement in writing
D the employee concerned shall 'have indicated agreement to :the change in writings
i� . E. the Director of`Personnel 'shall have approved the change. .
Notwithstanding the foregoing, ..transfer .may 'also be accomplished through the
regular appointment procedure provided that the individual desiring transfer has
eligibility on a list for a class ..for which appointment is being considered.
20.2 Any employee or appointing authority who 'desires to initiate a
transfer may inform the Director of Personnel n writing of such desire stating
the reasons therefor. The Director-of Personnel shall if he or she considers
that the reasons are adequate and that the-;transfer will be for the good of the
County service and the parties involved, inform the appointing 'authority or
authorities concerned and the employee of the proposal and may take the
initiative in accomplishing the transfer.
Section 21 - Resignations
An employee' s voluntary termination of ;service is a resignation. Written
resignations shall be forwardedto_ the Personnel ' 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 Personnel Department and shall
indicate the effective date `of terms nation ��'` h r
A o f a
. ar .F ,�.
' < 21.1 Resignation``in' Good Standing A ..resignation 'giving the! appointing
authority written ,notice :at least ..two .(2) jiw `6ki'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. 17
\ 4A t
21.2 Constructive Resignation. A constructive resignation occurs and is
effective wen:
A. An employee has been absent from duty for five (5) consecutive
working days without leave, and;
42
B Five (5) more consecutive -working days have , elapsed without
response by the ' employee after the mailing of, :a not, "of
resignation by the appointing authority ','to the 'employee : at -the
, employee' s last known address:
C. Employees working a 4/10 schedule shall have -constructively
resigned if four (4) days elapse as provided :in "A" above followed
by four (4) more days as provided in "B" above.
21.3 Effective Resignation. A, resignation is effective when delivered or
spoken to t e . appointing authority, operative either ,on 'that -date, 'or ' another
date specified.
- 21.4 .Revocation A resignation that is effective sf revocable only by
ritten .concurrance of -the employee and the appointing authority
21,5 Coerced Resignations
A Time' Limit A resignation -which 'the employee,.believes ..,has been
s coerced by the appointing authority may be revoked within s`even `(7)
s, calendar days after its expression, by 'serving' written notice'-on
the Director of Personnel and a copy on the appointing authority.
B. Reinstatement - If the appointing authority-acknowledges that the
employee could have believed that the resignation was coerced,' it
shall be revoked and the employee returned to duty effective on the
day following the appointing authority' s acknowledgement without
loss of seniority or pay.
C. ' Contest - Unless, within seven '(7) days oftthe 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 Personnel
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 Memorandum of. .-.Understanding.
beginning with Step C.
D. Disposition - If a final decision is rendered that determines that
the -resignation was coerced, the resignation `shall be ;deemed
revoked and the - employee ,.returned-.,to duty yeffecti ve =on A:;the ;day
r - following ;the decision 'but `without loss of Ese-niority `or pay,
: subject .to the employee's duty to mitigate damages
r � ,
Section' 22 =`Dismissal , Suspension and Demotion
22.1 The appointing authority may dismiss, suspend 'or. demote any employee
for cause. - 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:
43
1 absence without leave,
2. conviction of any criminal act "involving moral turpitude, _a
3, conduct tending to bring the merit system into disrepute,
.4. disorderly or immoral conduct,
5, incompetence or inefficiency,
6. insubordination,
7. _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,
8. neglect of duty (i.e.' non-performance of assigned
responsibilities),
9. ' negligent or willful damage to public property or waste of public
supplies or equipment,
__16.` violation of any lawful or reasonable regulation ororder g"iven .by
a 'supervisor, or-,Department Head,-.;:., .
a:
11."wi11fui :violation of any of the:"provisions, of the merit system
ordinance or Personnel Management Regulations, '
.. C
12material and intentional misrepresentation or concealmentof "a ny
" fact in connection with obtaining employment,"t
" ,131, misappropriation of County funds or property, t '3
14, unreasonable failure or refusal to undergo any" 'physical , "medical
and/or psychiatric exam and/or treatment authorized by - this
Memorandum of understanding,
15. dishonesty or theft,
16. excessive or unexcused absenteeism and/or tardiness.
17. 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 ,
h or unreasonably interfering with an individual 's work performance,
or creating an intimidating and hostile working environment.
a ,
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
"4-14" work week) , or demote an employee, the appointing authority shall cause
Io 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 ommissions 'and grounds = .
Y :upon which the action is based 4
C I f it i s claimed that the employee has =violated a rule .`'or
3
°-regulation of ,the County, department ,or district, a copy of said
:.'rul e shall be' included with the notice.,
D. 'jA 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.
44
:
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 any extension, the right to respond is lost..
22.3 'Leave Pending Employee Reponse. Pending response to a Notice of
Proposed ,Action within the .first seven (7) days or extension thereof, the
appointing authority for cause specified in writing may place the employee on
temporary leave of absence, with pay.
22.4 . `:Suspertszons .;without =pay shall {notk exceed thirty days unless
ordered by :anarbitrator, ;an adjustment--board or .the Merit .Board. The thirty
,x(30} '.day limit does not apply to suspension due to pending criminal charges as,
'provided in„r22.5 below,..
s 22.5 f Nat�ce 'of ::Sus enston -Without 'Pa Due ..ta "Pendin Criminal Char es.
Before suspending an employee due to pending criminal charges, the appointing
authority shall cause to be served either personally or by certified mail , on
the employee, a Notice of Suspension Due to Pending Criminal Charges, which
shall contain the following:
A. A' statement that the employee is suspended while criminalcharges
are pending or until the charges are dismissed,
S. ' A statement of the charges upon which the suspension is based and
of the facts by which such charges adversely affect the County
service or conflict with continued employment.
C. A `statement that the employee may respond to the appointing
:authority either orally or in writing within seven (7) calendar
days.
D. A statement that disciplinary action may be taken after. disposition
of the charges.
E. The Notice of Suspension Due to Pending Criminal Charges may
include a Notice of Proposed _Action .(Skelly Notice) under Section
An `appointing authority, upon 'giving noticeras;=provided in this
r'Sectian "pay an'employee "against
22, may immediately suspend without
whom there 'is pending a criminal charge which adversely affects the
County : service, ,or ::conflicts with 'continued ,- 'pending
g
,`.criminal charges °exist when an employee has been arrested or has
been named a defendant in a criminal complaint or indictement filed
. in any court,
G. The Personnel Director may order lost pay restored for good cause,
and subject to the employee's duty to mitigate damages, but not if
the employee l.} is given a Notice of Proposed Action (Skelly
45
r
Notice) and ; 2) is dismissed or otherwise disciplined for cause
" :directly related to the charges within fourteen (14) calendar days
-after 'the appointing authority has knowledge of final disposition
:of the charges.
22.6 Procedure on Dismissal , Suspension or Disciplinary Demotion.
A. In any disciplinary action" to dismiss, suspend, 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.
T >
B Service of'Order. . Said order ,of. ksmissal , -sus"pension, "or demotion`
sal be file with'the `Director of".Personnel , showin by* whom and
1 _ 9
he . date ::a copy�`.was served :upon`the employee' :to ";be ' dismissed,
suspended. or. demoted, either personally or by certified mail to the
employee' st .: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 or demotion either 'to the Merit Board or
through the procedures of Section 23 - Grievance Procedure of this
Memorandum of Understanding provided that such appeal is filed in
writing with the Personnel Director within ten (10) calendar days
after service of. said order, -An employee may not both appeal to
the Merit Board and file a grievance under Section 23 of this
Memorandum of Understanding.
Section 23 - Grievance Procedure
23.1 A grievance is any dispute which involves the interpretation or
application of .any provision of this Memorandum of Understanding excluding,
however, those provisions of this Memorandum of Understanding which specifically
:provide that the decision of any County official shall be final , the interpre-
tation or:' appl-ication" of those .provisions not being subject to the-
grievance
procedure. :,:The Council may represent 'the employee at any stage of the process.
"'Grievances must be filed -within thirty . (30) days of the incident or occurance
"about which "the "employee ;claims to have .a grievance and shall :be processed in
following manner
A Step il, - Any employee or. group '.of_employees who believes that a
provision of . this Memorandum .. .of Understanding has been
misinterpreted ,or" misapplied 'to ';his or her detriment shall discuss
the ':comp laintwith 'the employees immediate supervisor, who shall
.'P_meet with the employee within five (5) days of receipt of a written
request to hold such meeting.
B. Step 2 - If a grievance is not satisfactorily resolved in Step 1
above, the employee may submit the grievance in writing within ten
(10) work days to such management official as the Department Head
46
may , designate. . This formal 'written grievance shall .'state which
'provision .;;:` of the Memorandum of Understanding has' `been
misinterpreted or .-;,.misapplied, how ..._, . misapplication . , ;or
misinterpretation has .affected him or her 'to his or 'her detriment,
and the redress he or she seeks. A copy of each written
communication on a grievance shall be filed with the Director of
Personnel . 'The Department Head or his or her designee shall have
ten (10) work days in which to respond to the grievance in writing.
C. Step grievance is not satisfactorily resolved in Step 2
above, the employee may appeal in writing within seven (7) workdays .
< to ;; the Personnel Director. The Personnel -Director or..his or her
`'designee"'shall have ;`twenty (20} .workdays --in 'which :to .investigate
the merit of the complaint and to 'meet with the 'Department Head and
the 'employee and - attempt to ;settle `;the grievance'- and respond -in
_.
.. writing _
D Step 4 No grievance may be processed under_this *Section which has .
not first been -filed and investigated in accordance "`with paragraph
C above':and filed within 7 workdays of the written `responce' of the
Personnel Director of his or her designee. ` If the parties are
unable to reach a mutually satisfactory accord on any grievance
which arises and is presented during the terry of this Memorandum of
Understanding, such grievance shall be submitted in. writing within
seven (7) workdays to a.n Adjustment Board comprised of three (3)
Council representatives, .no more than .two (2) of whom shall be
either . an employee of the County or an elected or appointed
official of the Council presenting this grievance, and, three (3)
representatives' of the County,- no more than two (2) of whom shall
be either an employee of the County or a member of the' staff of an
organization employed to represent the County in the meeting 'and
conferring process. The Adjustment Board shall meet and render a
decision within twenty (20) workdays of receipt of the written
request.
E. Step . 5 - If an Adjustment Board is unable to arrive at a majority
decision,-~either the employee (or the County, when alleging a '
.,violation of Section 23,6 below) may require that the grievance be
referred ..to an =impartial arbitrator . who shall be . des ignated by
mutual agreement _between the employee .and .the .Personnel. Director.
r
Such ::request `shal1 -be submitted withintwenty (20) workdays of .the
'rendering ofthe 'Adjustment Board decision, kW�thin 20 days "of-the
`, =:request
for arbitration the ` parties' shall mutually select',- an
t arbitrator The °Mees and expenses :of `the `arbitrator 'and of the
.Court :Reporter steal i 'be shared equally Eby_ the';employee and 'the
;County. . Each � party,'. however, shat 1 `bear „the costs .'of �i is own
'presentation, including preparation and post .hearing briefs, if
any.
47
23.2 Scope of Adjustment Board and Arbitration Decisions.
A. Decisions of Adjustment :Boards and arbitrators on matters properly
before them shall be final, and binding on the parties hereto, to
the extent permitted by law.
B. No adjustment Board and no arbitrator shall entertain, hear,` decide
or make recommendations 'on any dispute,,unless such dispute involves
a position in a - unit .represented by 'the Council which has been
certified as the recognized employee organization for such unit and
-
unless such .dispute -:falls within the definition of a grievance .as .:.
set 'forth' in Subsection "23.1 above.
G. Proposals toadd to ar change this Memorandum of Understanding ,or r
to :change )written ,,;_,'agreements -supplementary hereto shal l ;''not ;:be
✓arbitrable `and .no 'proposal to 'modify, >amend, `or:-terminate 'this
Memorandum of 'Understanding, nor 'any matter or subject arising out
of or.. in connection ;with :.such "proposals,%,may be referred -r to
arbitration under thisY`Secti'on '-,`Neither:
, r
No change in this Memorandum of Understanding or "interpretations thereof..(except
--'interpretations _resulting from AdjustmentBoard --,'or -'arbitration '`proceedings
hereunder) will. be recognized unless agreed to by the County and the 'Council .
23.6 No Strike. During the term of this Memorandum of Understanding, the
Council , its members and .representatives, agree that it _and they will not engage
in, authorize, sanction, or support any ' strike, ''sl owdown,:'stoppage of work,
sickout, 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 ,a abor ..body or
. : ,union having jurisdiction, an ;empT oyee who I s ;i n ::danger.'of ;physical '.harm''shal l
r not be'- required_ to cross the picket 1 i ne %-provided the empl oyee advises hi s'`or
her.,su,pervisor. 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 'per_form such :`duties 741ght 'c'a'use or
aggravate 'a danger... to public health or safety ".
23.7 .,Merit Board.
A. All grievances of employees in representation units represented by '
the Council shall be processed under Section 23 unless the employee
elects to ' apply to the Merit Board - on #'matters within its
jurisdiction.
B. No action under paragraph (c), (d) and (e) of Subsection 23.1 above
shall be taken if action on the complaint or grievance has been
taken by the Merit Board, or if the complaint or grievance is
pending before the Merit Board.
23.8 The Council 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 Memorandum of Understanding.
Section 24 - Retirement Contribution
Pursuant to ,Government Code Section 31581 .1, the -County will continue ,to pay
_ . fifty percent (50%) of the retirement :contributions -normally required of
empl oyees. :_,.Such payments shal l conti nue ..for .the duration _of:•thi s Memorandum of
`: Understandin
- -and shall terminate thereafter. ;Employees sha11_;be 'responsible
`for payment ..of -the '_empl oyees'-- contributionfor the `=retirement `.cost _ of ;.1 i vi ng
`program as :determined by the Board 'of Retirement `of the 'Contra `.Costa''rCounty
Employees` Retirement Association without the :County paying any 'part of -the
r 'employees share. The County will pay ; the ..remaining :'on e=halfy (1/2) -,.of the
retirement 'cost-of-living program contribution.
Section 25 - Training Reimbursement :
The County Administrative Bulletin on Training shall govern reimbursement for
training and shall continue to limit reimbursement for career development
training to $200 per semester or $150 per quarter, not to exceed $600 per year,
except as otherwise provided in the supplemental sections of this Memorandum of
Understanding.
49
Section 26 - Mileage
26.1 Mileage Reimbursement Rate. Effective August 1, '::1979 mileage
allowance for the use of personal vehicles on County business shall be paid.
according to the following per month formula:
1 - `400 miles $ ,22 per mile
401 - plus miles .16 per mile
: "The above rates 'shall be adjusted to reflect an increase or decrease in the cost
.,,of ."gasoline which shall be determined as provided below on 'the basis of .the
;average .`price .for "gasoline, ,.all types" : per ;gallon as .listed - in Table 5,
"Gasoline Average, Prices per gallon, U.S. ; City"'Average ,,and Selected Areas" :.for"
ahe :San .Francisco-Oakland ;California area published :by the :Bureau of :tabor
Statistics;-'U S Department of "Labor, 'hereinafter ;;referred to`as°:`the°`."Energy
:
7.. ,. ..,1...
°i>Report"
The above mileage ;rates shall be .increased or decreased by one cent :(1f) �for
` each fi fteen"�'cznts± (15f) ";;increase or decrease in ;the 'base `price for 'gasoline ,.
' which shall be defined as the average price of gasoline per gallon for ` July,
1979, as published in the Energy Report. Any such rate increase or decrease .
shall be effective the first of the month following- publication of the . index.
The above formula rates include price increases reported since July, 1979.
The mileage rate -increase or' decrease based on the Energy Report shall be
contingent upon the continued availability of the official monthly Energy Report
in its present form and calculated on the same basis unless otherwise agreed
"upon by the parties.
Section 27 - 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 Personnel Department or in the employees personal history
..:.file . in their department. The contents of such records shall be made available
to the employee for inspection and . review at reasonable .intervals during the
regular business hours of the County.
The County shall ,provide an opportunity for the employee to _res pond in .writing
to any information 'which is ,in _the employee's personnel :file about which ,he -or
Y.. Tshe. disagrees. J ,Such _%response `shall become a 'permanent` part of 'the-employeeIs`,
personnel record. <°The employee shall be responsible f or providing the:,written
responses to be Included as part of the employee's permanent personnelrecord.Tj
i
All °documents pertaining to disciplinary actions" shall be placed in an 'official
personnel file ' maintained by '- the Personnel Department or An an official
personnel file maintained by their department. Copies of written reprimands or
memoranda pertaining to an employee' s unsatisfactory performance which are to be
placed in the employee' s personnel file shall be given to an employee who shall
have the right to respond in writing to said documents. Letters of reprimand
are subject to the grievance procedure but shall not be processed past step 3
50
unless said letters "are used in a 'subsequent .discharge, suspension or demotion
of the employee. Copies of letters of commendation which are to be placed in
the employee's personnel file will be given to the 'empl oyee.
Employees have the right to review their official ,personnel files :which are
:maintained in the- .Personnel Department or ' by their . department. In a case
.involving a grievance or disciplinary action, '- the employee's designated
representative may . also review his/her personnel ,_file with specific written
:authorization from the employee.
Section 28 Membership Reimbursement
The County agrees torreimburse ;members of the Professional Engineers Unit up to r.
$45.00 'per:year ..for.,membership : n either the American„Society of Civil Engineers
orthe National Society of -Professinal Engineers
Section 29 - Flex-'Timeµ p
It is understood that "Resolution :No. . 75/1037 'pertai.ning to flex-time may be
applied to the Professional Engineers Unit as well 'as other County employees '
Nothing contained in 'this Memorandum of Understanding prohibits the Department
Head . from implementing 'a flex-time system for employees in the Professional
Engineers Unit. The Department Head, prior to implementation, shall discuss the
implementation of any flex-time system involving_ employees represented by the
:Western Council of -Engineers with the Council . Then the department shall
''determine if the said flex-time is feasible following atrial period and then
shall submit the plan, to the County Administrator .for approval . Upon written
, request to the Employee Relations Officer, Western Council of Engineers may
request to meet with the Department Head for the purpose of proposing an
-alternate flexible work schedule.
Section 30 - Book Reimbursement
The County agrees to 'reimburse members of the Professional Engineers Unit for
the full cost of books purchased when the books are required for job related,
training for which the employee receives full reimbursement of registration fees
and/or tuition.
Section 31 - Safety Shoes and Prescription Safety Eyeglasses
The 'County :shall ;reimburse employees for safety shoes and prescription 'safety
_:eyeglasses -for- employees in' those classifications':the °County has determined are
eligible for "such shoes and eyeglasses. The County will reimburse eligible
employees forli,safety shoes ,in an amount not 'to exceed Twenty Dollars {$20.00}
} -".,_--Per pair to :a maximum of two (2) pairs in any year. ,= The County will reimburse
;: eligible employees for such prescription safety eyeglasses which are approved by
the County and are obtained from such establishment as required by the County,
51
Section 32 = Service Awards
The County shall continue its pesent 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.
Section 33 Reimbursement for Meal Expenses -..
Employees shall be - reimbursed for meal expenses under ..the following
circumstances and in the amount specified:
1 WhenYthe employee is .required by hisJher_'Department Head to attend
a meeting "concerning County business.br., County'"affairs
2 ,When .the .>employee is required to be out of_. his/her regular -or
;normal work areaduring a meal hour because of a particular work
=a`s'signment: F _
3. When the employee is required to stay over to "attend consecutive-or
continuing afternoon and night sessions of aboard or commission,'
4. ;:Wfien the ''; employee 'pis required to - incur expenses as hust' 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.
5. . When .the employee is required to work three or more hours of
overtime; '�in this case he or she may be reimbursed in accordance
with Administrative Bulletin,
Meal costs will be' reimbursed only when eaten away from.. home or away from the
facility in the case ,of employees at 24-hour institutions.
Procedures and definitions relative to reimbursement .for meal expenses shall be
in accordance with the Administrative Bulletin on Expense Reimbursement.
Section 34 - Personal Property Reimbursement
The loss or damage toupersonal _ property. of employees is subject to reimbursement
under .the following conditions
T. 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
=ahe `control of the employee.
� <
2
'Or dinary.wear. and tear of personal 'property used on"thejob is not
;'.compensated
3. Employee toolsor equipment provided without °the express approval
-„of thea.-department head and automobiles 'are excluded from
reimbursement,
4. The loss or damage must have occurred in the line of duty.
5. The loss or damage was not a result of negligence or lack of proper
care by the employee.
52
j.
6. The personal ;property was . necessarily worn' or :`carried by the '
;. employee in order -to adequately fulfill the duties and requirements
of the`job. ,
..
7. The loss or .damage to employees eyeglasses, dentures or other
prosthetic 'devices did not occur simultaneously with ajob ,connected
. =injury covered by workers' compensation.
8 The amount 'of reimbursement shall 'be limited to the actual cast to
repair -damages. Reimbursement for items damaged beyond ° repair
shal l be - limited to rthe „actual value of the ;item at ,the time of
oss or damage but not more than the original cost
: x m
9 the burden:of proof of loss rests with thze employee.
10 'Claims fors reimbursement must -'b6' processedin accordan"ce wi th the
Administrative $ Bulletin .,on . Compensation or Loss or Damage $ to
Personal „Property
$ '
2
Section 35 - Len4th ''of 'Service Definition (for service awards and vacation
accruals
The length of service credits 'of, each employee of the County shall date from the
beginning , of ..the last ;per_iod , 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 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. Thea
Personnel Director . shall determine these matters based on the employee status,
:.records in his department.
Section 36 - Permanent 'Part-Time Employee Benefits
Permanent part-time employees receive prorated vacation and sick leave benefits.
::They , are ' eligible_ for health, dental and :life insurance benefits at ,
corresponding premium rates providing they work at -least 50% of full time. If
the employee works at least 50 ,,of full time, Countyretirementparticipation is
T"!Ya1s included. _
W =~ tSec'tion$ 37Permanent=Intermittent _Em to ee Benefits
Permanent ezntermittent , employees ,are eligible 'for prorated vacation and sick
`1 eve benefits:'
S 1 2
Section 38 -`Permanent-Intermittent Em to ees Health Plan .
A permanent intermittent employee represented by Western Council of Engineers
may participate in the County Group Health Plan of combined medical , dental and
life insurance coverage wholly at the employee's expense, The County will not
contribute to the employee's monthly premium. The employee will be responsible
53
for paying the monthly Apremium' appropriately and punctually. Failure 'to meet
.the premium deadline .will mean automatic and . immediate .withdrawal '.from the
County Group Health Plan and, reinstatement ma '`onl
y y be effectuated during the
annual open enrollment period.
Section 39 - Provisional Employee Benefits
Provisional employees, who are not ,permanent employees of the County immediately
prior to ,their provisional appointment, are eligible 'far vacation and sick leave
benefits.
`Provisional employeesr`4may . participate „'in theCounty ;-Group Health P1 an of
combined medical dental and life' insurance coverage " wholly ;'at the °empl oyee's ~~'
expense. , .The County =wi11 .;not :contribute _to the ernployee'.s' monthly_premium. . The
employee ,wi11 be ,�responsib1e .for; `paying ahe monthly„:prem um appropriately and
punctually Failure ''to ', meet "the premium `deadline 3wi1i "'mean automatic -Wand
�mmedi ate wi thdrawal from the `,County ` Group .:Heal th ,-Pl an "and reinstatement may
only be effectuated during the annual open ernrollment period
Section 40 Registration Differential
The County agrees to -pay a $30 per month salary differential to all incumbents
of Assistant Architectural .Engineer positions who "possess a valid California
Certificate of Registration as a Civil Engineer, Mechanical Engineer, Electrical
Engineer or Architect. _ .
Section 41 .- Adoption
The provisions of this Memorandum of Understanding 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 An order to
implement these provisions. It is understood that ''where it is determined that
an Ordinance :is required to implement any of the foregoing provisions, said
provisions shall become effective upon the first day of the month following
thirty (30) days after such Ordinance is adopted.
Section 42 - Scope of Agreement & Separability of Provisions
: 42.1 �Scope `of Agreement. Except as otherwise specifically provided herein -
'an,of .t,Understandin full
g y 'and completely incorporates 'the under-
this
of :':the ,parties .'hereto and �consti totes� the ,sol a`,`and entire , agreement
:,between the parties ;in any and all .,matters subject to meet.and confer'•:a_Neither
party shall , during -the term of :this . Memorandum of '6Understandi ng`"demand.:any
change herein, :,`provided :that Ynothing heretn';shall prohibit .:.the ,=parties from
changing theterms of this Memorandum of ,Understanding"by mutual agreement.
42.2 Separability of Provisions. Should any section, clause 'or provision
of this Memorandum of Understanding 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 Memorandum of Understanding.
54
42.3 Personnel Management Regulations. Where ba' specific provision
contained in a .section of this Memorandum of Understanding conflicts with a -
specific provision contained in a section of :the ,- Personnel Management
Regulations, "`the provision of this Memorandum of Understanding shall prevail .
Those provisions of the Personnel Management Regulations within the. scope of
representation which are not in conflict with the .provisions of this Memorandum
of Understanding and those provisions of the Personnell -Management Regulations
which are not within the scope of representation shall be 'considered in full
force and effect.
42.4 Duration`of Agreement. This Agreement shall continue Jn :full force
W effect from :July .;1, -1985 to and including -;June r30, 1987. `Sa1d Agreement
shall automatically renew 'from year to year.thereafter-unless either party gives :
wri tten * �noti ce oto .the. ,other .prior to ' sixty -"(60) days ',from _ the aforesaid a
:termination date 'of its intention to amend, "modify or terminate the Agreement
Section 43 - Unfair Practice
Either the County or the Council may file an unfair..,labor 'practi_ce as -defined in
Chapter 34-22 of Board Resolution 81/1165 against the other. "Allegations of an
unfair labor practice, if not resolved in discussions between -the parties, may
be heard by a mutually agreed upon impartial third party.
Section 44 - Past Practices and Existing Memoranda of 'Understanding '
Continuance of working conditions and past practices not specifically authorized
by ordinance or by resolution of the Board, of Supervisors is not guaranteed by
this Memorandum `of Understanding; provided, however, that only during the term
of this Memorandum of Understanding which expires June '30, 1987, -the Council may
claim a violation of a past practice. If the Council can demonstrate that such
past ; practice exists by virtue of having been acknowledged and agreed to by
Management and representatives of the Council or by 'employees represented by the
Council who reach agreement with a Department Head on. a specific policy covering
a group of employees such as a reassignment policy; the alleged violation of
said past practice will be subject to the grievance procedure. . Those practices
which .have been agreed to by Management and not .approved by the Department Head
must be confirmed and approved by the Department Head within six (6) months .from
"the below execution date of this Memorandum of,-Understanding in order to be
considered a past practice pursuant to this provision.
Section '45 Community Development Department Procedures F
The ' County will -meet :with Council representatives `�to _.develop a "deep 'class
.'evaluation process . for Civil Engineers in the .Community .Development Department
;that will provide an evaluation process consistent with the process utilized in
the Public Works Department.
- 55 -
. . . Date.
CONTRA COSTA COUNTY
WESTERN COUNCIL OF ENGINEERS ,
By BY
By By
BY
7.t
By µ ty
s
a
e
d
56
ATTACHMENT A
The Western Council of. Engineers and the County have met and conferred in good
faith regarding wages,. hours and other terms and conditions of employment for
employees in project classes which except for the project .designation would be -
; ,.represented by Western Council of -Engineers. For, example,.;Assistant
r 'Architectural .-.Engineer `ls .repre'sented by Western' Council ofEngineers, therefore
.it has been _agreed. that Assistant Architectural Engineer Project will also be
$ r represented by Western Council of Engineers
Other Projectfi+-classesathat area'not readily identifiable as properly included in
bargaining units -represented by Western Council �of.Engineers shall be assigned
to bargaining units in accordance with the provisions `of Section 34=12 of Board .
Resolution 81/1165.
The Council and the County understand that the meet and confer process with
` respect to the conditions of employment for project classifications is unique
and therefore differs from other regular classes represented by Western Council
of Engineers in the following respects.
1. Project employees are not covered by the Merit System; .
2. Project employees may be separated from service at any time
without regard to the provisions of this Memorandum of
Understanding, without right of appeal or hearing ,or recourse
to the grievance procedure specified herein.
3. Any provision of this Memorandum of Understanding which per-
tains to layoff or seniority are not applicable to project
employees:
n
y
} 1 .
i
S
' 7
ATTA
t f �
:i J r CLASS ` S SALARY ,LISTING
PFOFES"SIONAL' ENGINEERS 'UNIT
,CLAS LENEL SALARY RANGE _ CLASS -TITLE
NE1dA 2218.00 "2696.00 ASSISTANT ARC HITECTUR AL ENGINEER
NEW1 • C5-1586 `. 222$•00 2696oOO o „'. ASSISTANT "ARCHITECTURAL ENGINEER—Pxc
'NEWS C5-1619 2293.00 �- 2787. 00 . .
ASSISTANT STRUCTURAL ENGINEER :-Bldg:,
1
2178 .00 2858. 00 *+CIVIL ENGINEER
NKX.AT6 1518
*+CIVIL ENGINEER
:p
N K X V T6-1518 . 2720.00 3233.00 m •
r -
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rryj i 1 x r { 4x•r y-- x i` i-. t -� _"�� s f i s '9,f .xV r"y ,F, _rt. :.
�T .. ' j 3 [ y7 4 �* C'il'V LLt�3}L � S It k �. N T 4 S• 4 !� K . - S
n
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;P5'a �.k#,x i. 'k T1 F $ Y .. _•'t t r F Y^ ?` l K 1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 4, 1986 by the following vote:.
AYES: Supervisors Fanden, Schroder , Torlakson, McPeak,. Powers .
NOES: None.
ABSENT: None.
ABSTAIN: None.
SUBJECT: 1985-1987 Compensation for Employees
in Units Represented by.Social Services 86/41
Union, Local 535, S.E.I .U.
The Contra Costa' County Board of Supervisors RESOLVES THAT
1. On February 4, 1986, the Employee Relations Officer submitted the
Memorandum of Understanding dated February 4, 1986, entered into with
Social Services Union, Local 535, S.E.I .U. for the following Units represented
by the Union:
Community Aide Unit
Social Services Unit
2. This Board having thoroughly considered said Memorandum of Understanding,
the same is approved.
3. Salaries and Terms and Conditions of Employment, Local 535 SEIU. The
Memorandum of Understanding with Social Services Union, Local 535 SEIU is.
attached hereto, marked Exhibit Z; and Section Numbers 1 through 50 inclusive
and Attachments A, B, C, D & E are incorporated herein as if set forth in full
and made applicable to the employees in the above-named units.
4. If an Ordinance(s) is required to implement any of the foregoing
provisions, the Board of Supervisors will adopt said Ordinance(s).;
5. This Resolution is effective as of July 1, 1985.
I hereby certify that this is a true andcorrect copy of
an action taken and anterod on Vie r:mutes of th2'
Board of Supe7is �cdiateATTESTED:PKIL CIA, w;:^G4. , : crs: �, "Mcoard
of Supe9•vusu, +✓curEty An•.;rsis ra or
Deputy
Org: Personnel Department
cc: . County Administrator
County Counsel
Auditor-Controller
Social Service Department
Health Services Department
Social Services Union, Local 535, SEIU
RESOLUTION NO. 86/41
Memorandum of Understanding
Between
Contra Costa County
And
Social Services Union, Local 535
This Memorandum of Understanding is entered into pursuant to the authority
contained in . Division 34 of the Contra Costa County Board of Supervisors
Resolution No. 81/1165 and has been jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of
Contra Costa County in employer-employee relations matters as provided in Board
Resolution No. 81/1165.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees in units in which the
Union is the recognized representative, have freely exchanged information,
opinions and proposals and have endeavored to reach agreement on all matters
relating to the employment conditions and employer-employee relations covering
such employees.
This Memorandum of Understanding shall be presented to the Contra Costa County
Board of Supervisors as the joint recommendations of the undersigned for salary
and employee benefit adjustments 'for the period commencing July 1, 1985 and
ending June 30, 1987.
Special provisions and restrictions pertaining to Project employees covered by
this Memorandum of Understanding are contained in Attachment A which is attached
hereto and made a part hereof.
Definitions:
A. "Appointing Authority" means Department Head unless otherwise
provided by statute or ordinance.
B. "Class" means 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" means the designation given to a class, to each
position allocated to the class, and to the employees allocated to
the class.
D. "County" means Contra Costa County.
E. "Demotion" means 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
1
1
_ otherwise provided for in this Memorandum of Understanding, in the
Personnel Management Regulations, or in specific resolutions
governing deep classifications.
F. "Director of Personnel" means the person designated by the County
Administrator to serve as the Assistant County Administrator-
Director of Personnel .
G. "Eligible" means any person whose name is on an employment or
reemployment or layoff list for a given class.
H. "Employee" means a person who is an incumbent of a position or who
is on leave of absence in accordance with provisions of this
Memorandum of . Understanding and whose position is held pending
his/her return.
I . "Employment List" means a list of persons, who have been found
qualified for employment in a specific class.
J. "Layoff List" means 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 have
voluntarily demoted . in lieu of layoff.
K. "Permanent Intermittent Position" means any position which requires
the services of an incumbent for an indefinite period but on an
intermittent basis, as needed, paid on an hourly basis.
L. � "Permanent Part-Time Position" means 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" means any position which has required, or
which will require the services of an incumbent without
interruption, for an indefinite period.
N. "Project Employee" means 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 revenue.
0. "Promotion" means 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 Memorandum of Understanding, in the
Personnel Management Regulations, or in specific resolutions
governing deep classes.
P. "Position" means the assigned duties and responsibilities calling
for the regular full-time, part-time or intermittent employment of
a person.
2
Q. "Reallocation" means the act of reassigning an individual position
from one class to another class at the same range of the salary
schedule or to a class which is allocated to another range that is
within five (5) percent of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class
resolutions or other ordinances.
R. "Reclassification" means 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" means 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" means the voluntary termination of permanent service
with the County from a position in the merit system.
U. "TemporarX Employment" means 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" means the change of an employee who has permanent status
in a position to another position in the same class 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 (5) percent at top step as the class previously occupied by
the employee.
Section I - Recognition
1.1 Union Recognition. The Union is the formally recognized employee org-
anization for the representation units listed below, and such organization has
been certified as such pursuant to Chapter 34-12 of Board Resolution No.
81/1165.
A. Community Aide Unit
B. Social Services Unit
Section 2 - Union Security
2.1 Dues Deduction. Pursuant to Board Resolution No. 81/1165, only a
majority representative may have dues deduction and as such the Union has the
exclusive privilege of dues deduction for all members in its units.
3
2.2 Agency Shop.
A. The Union agrees that it has a duty to provide fair and non-
discriminatory representation to all employees in all classes in
the units for which this section is applicable regardless of
whether they are members of the Union.
B. All employees employed in the Social Services Unit on or after the
effective date of this Memorandum of Understanding and continuing
until termination shall :
1. become and remain a member of the Union or;
3 2. pay to the Union, an agency shop fee in an amount equal to
the standard initiation fee, monthly dues, and general
assessments of such organization for the duration of the
agreement; or
3. do both of the following:
I
a. Execute a written declaration that the employee
is a member of a bonafide 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 B (2) to a non-religious, non-labor
charitable fund chosen by the employee from the
following charities: Family and Children's Trust
Fund, Child Abuse Prevention Council and Battered
Women' s Alternatives.
C. The provisions of Subsection B shall not apply during periods that
an employee is separated from the representation unit but shall be
reinstated commencing with the second full pay period following the
return of the employee to the representation unit. The term
separation includes transfer out of the unit, layoff and leave of
absence with a duration of more than thirty (30) days.
D. Annually the Union shall provide the Director of Personnel with
1 copies of the financial report required pursuant to the Labor
Management Disclosure Act of 1959. 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.
E. Current Employees and New Employees.
1. An employee hired into a job classification in the Social
Services Unit shall be provided through the County
Personnel Department with an "Employee Authorization for
Payroll Deduction" card. Said employee shall have thirty
4
(30) calendar days to fully execute the authorization card
of his/her choice and return said card to the County
Personnel Department.
2. If card is not returned within thirty (30) calendar days,
or if the Union reports that an agency shop fee in lieu of
the initiation fee or a general assessment has not been
paid, the employee will be subject to dismissal . The
Director of Personnel shall commence dismissal proceedings
by giving a Skelly Notice pursuant to the procedures set
forth in this Memorandum of Understanding. An employee
served with a Skelly Notice shall have until the return
date shown in the Skelly Notice to either file the
authorization card, pay the initiation fee or general
assessment or otherwise show why he/she should not be
dismissed. Any back pay and costs incurred by the County
and its staff defending appeals from dismissal shall be
reimbursed by the Union.
F. The Union shall idemnify, 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
Agency Shop Section, or action taken or not taken by the County
under this Section. This includes but is not limited to the
County's attorney fees and costs.
G. The authorization of payroll deductions described in Subsection E
shall require the employee to agree to hold the County harmless
from all claims, demands, suits or other forms of liability that
may arise against the County for or on account of any deduction
made from the wages of such employee.
H. The County Personnel Office shall furnish a monthly list of all new
hires to the Union.
2.3 Maintenance of Membership. All employees in the Community Aide Unit
who are currently paying dues to the Union and all employees in such unit who
hereafter become members of the Union shall as a condition of continued
employment pay dues to the Union for the duration of this Memorandum of
Understanding and each year thereafter so long as the Union continues to
represent the classification to which the employee is assigned, unless the
employee has exercised the option to cease paying dues in accordance with
Section 2.5.
2.4 Employees hired into classifications assigned to the Community Aide
Unit shall , as a condition of employment at the time of employment, complete a
Union dues authorization card provided by the Union and shall have deducted from
their paychecks the membership dues of the Union. Said employees shall have
thirty (30) days from the date of hire to decide if they do not want to become a
member of the Union. Such decision not to become a member of the Union must be
made in writing to the Auditor-Controller with a copy to the Employee Relations
Division within said thirty (30) day period. If an employee decides not to
5
become a member of the Union, any Union dues previously deducted from the
employee's paycheck shall be returned to the employee and said amount shall be
deducted from the next dues deduction check sent to the Union. If an employee
does not notify the County in writing of the decision not to become a member
within the thirty (30) day period, he/she shall be deemed to have voluntarily
agreed to pay the dues of the .Union.
Each such dues authorization form referenced above shall include a statement
that the Union and the County have entered into a Memorandum of Understanding,
that the employee is required to authorize payroll deductions of Union 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 or her right to
revoke said authorization.
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's
Department in writing, between April 1, 1987 and April 30, 1987, any employee
assigned to a classification in the Community Aide Unit may withdraw from Union
membership and discontinue paying dues as of the payroll period commencing April
1, 1987, discontinuance of dues payments to then be reflected in the May 10th
paycheck. Immediately upon the close of the above mentioned thirty (30) day
period the Auditor-Controller shall submit to the Union a list of the employees
who have rescinded their authorization for dues deduction.
2.6 Communicating With Employees. The Union 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 Union, provided the communications displayed have to do with
matters within the scope of representation 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 and discussion with the Union.
Representatives of the Union, 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 Union 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 a union
officer on a matter within the scope of representation.
6
In the application of this provision, it is agreed and understood that in each
such instance advance arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the departmental
representative in charge of the work area, and the visit will not interfere with
County services.
2.7 Use of County Buildings. The Union 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 and its use by the Union is scheduled
twenty-four (24) hours in advance;
B, there is no additional cost to the County;
C. it does not interfere with normal County operations;
D. employees in attendance are not on duty and are not scheduled for
duty;
E. the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and
maintain scheduling of such uses. The Union 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 Union shall , except in cases of emergency, have
the right to reasonable notice of any ordinance, rule, resolution or regulation
directly relating to matters within the scope of representation proposed to be
adopted by the Board, or boards and commissions designated by the Board, and to
meet with the body considering the matter.
The listing of an item on a public agenda in a reasonably descriptive way, 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 designated by
the Board determines it must act immediately without such notice or meeting, it
shall give notice and opportunity to meet as soon as practical after its action.
2.9 Written Statement for New Em to ees. The County will provide a written
statement to each new employee hired into a classification which is in the
Social Service Unit or Community Aide Unit that their classification is
represented by Local 535 and the name of a representative of Local 535.
Section 3 - No Discrimination
There shall be no discrimination because of race, creed, color, national origin,
political opinion, sex, sexual orientation, or Union activities against any
employee or applicant for employment by the County or by anyone employed by the
County; and to the extent prohibited by applicable State and Federal law there
shall be no discrimination because of age or physical handicap.
7
Section 4 - Shop Stewards and Official Representatives
4.1 Attendance at Meetings. Employees designated as shop stewards or
official representatives of the Union shall be allowed to attend meetings held
by County agencies during regular working hours on County time as follows:
A. If their attendance is required by the County at a specific
meeting;
6. If their attendance is sought by a hearing body for presentation of
testimony or for other reasons;
C. If their attendance is required for meetings required for
settlement of grievances filed pursuant to Section 23 (Grievance
Procedure) of this Memorandum;
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;
E. If they are designated as spokesperson or representative of the
Union and as such make representations or presentations at meetings
or hearings on wages, salaries 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 or designee, and the County agency calling the meeting is
responsible for determining that the attendance of the particular
employee(s) is required.
4.2 Union Representative. Except in the Social Services Department
official representatives of the Union shall be allowed time off on County time
for meetings during regular working hours when formally meeting and conferring
in good faith or consulting with the Employee Relations Officer or other
management representatives on matters within the scope of representation,
provided that the number of such representatives shall not exceed two (2)
without prior approval of the Employee Relations Officer, and that advance
arrangements for the time away from the work station or assignment are made with
the appropriate Department Head or designee.
4.3 In the Social Service Department, the Union shall designate five (5)
representatives who shall be allowed time off on County time with corresponding
reduction in work assignments, up to sixteen (16) hours per week per
representative, for meetings during regular working hours when formally meeting
and conferring in good faith or consulting with the Employee Relations Officer
or other management representatives on matters within the scope of
f representation or for the reasons as provided in 4.1-A through E above. In each
case, advance arrangements for time away from the employee' s work assignment
shall be made with the Department Head or designee. Such representatives from
other departments shall be allowed time off as provided in Section 4.2 and the
representatives designated in this Section shall not in the aggregate exceed
five (5) employees.
4.4 The Union may designate stewards in the Social Service Department who
may be allowed to attend meetings held on County time for the purposes provided
in 4.1-D above. In each case, advance arrangements for time away from the
employee's work assignment shall be made with the Department Head or designee.
The number of stewards for the following offices shall be:
8
Muir Road 2
Marina West 2
3431 MacDonald 1
El Sobrante 1
Rodeo 1
Stanwell 1
Antioch 1
Pittsburg 1
CMSE 1
If during the term of this Memorandum of Understanding the Pittsburg and Antioch
Offices are combined, the Union may designate two (2) stewards from that office.
4.5 The Union shall notify in writing the Department Head or designee of
those persons designated as official representatives and as stewards and of any
changes of such designations when made.
Section 5 - Salaries
5.1 General Wage Increases
A. Effective July 1, 1985, each represented classification
shall receive a general wage increase of 39 levels on
the County Salary Schedule (4%).
B. Effective July 1, 1986, each represented classification
shall receive a general wage increase of 58 levels on
the County Salary Schedule (6%) .
5.2 Comparable Worth Adjustments
A. Effective January 1, 1986, female dominated
classifications designated by an asterisk (*) in
Exhibit B shall receive a comparable worth adjustment
of 30 levels on the County Salary Schedule (3%).
B. Effective January 1, 1987, the same female dominated
classifications referenced in 5.2A shall receive a
comparable worth adjustment of 30 levels on the County
Salary Schedule (3%) .
5.3 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.
r
5.4 Anniversary Dates. Except as may otherwise be provided for in deep
class resolutions, anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first
9
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 competes six months
service.
B. Promotions. The anniversary date of a promoted employee is
determined as for a new employee in Subsection 5.4-A above.
C. Transfer, Reallocation and 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
(5) percent of the top step of the previous classification, remains
unchanged.
D. Reemployments. The anniversary of an employee appointed from a
reemployment list to the 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.
E. Notwithstanding other provisions of this Section 5, the anniversary
of an employee who is appointed to a classified position from
outside the County' s merit system at a rate above the minimum
salary for the employee' s new class, or who is transferred from
another governmental entity to this County's merit system, is one
(1) year from the first year 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 anniversary is one (1) year after the first calendar day of
that month.
5.5 Increments Within Range. The performance of each employee, except
those . employees already at the maximum salary step of the appropriate salary
range, shall be reviewed on the anniversary date as set forth in Section 5.4 to
determine whether the salary of the employee shall be advanced to the next
higher step in the salary range. Advancement shall be granted on the
affirmative recommendation of the appointing authority, based on satisfactory
performance by the employee. The appointing authority may recommend denial of
the increment or denial subject to one additional review at some specified date
before the next anniversary which must be set at the time submitted by the
Appointing Authority.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1) step within-range
increment be granted at one time, except as otherwise provided in deep-class
resolutions. , In case an appointing authority recommends denial of the within
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range increment on some particular anniversary date, but recommends a special
salary review at some date before the next anniversary date, the special salary
review shall not affect the regular salary review on the next anniversary date.
Nothing herein shall be construed to make the granting of increments mandatory
on the County. If an operating department verifies in writing that an adminis-
trative or clerical error was made in failing to submit the documents needed to
advance an employee to the next salary step on the first of the month when
eligible, said advancement shall be made retroactive to the first of the month
when eligible.
5.6 Part-Time Compensation. A part-time employee shall be paid a monthly
salary in the same ratio to the full-time monthly rate to which the employee
would be entitled as a full-time employee under the provisions of this Section 5
as the number of hours per week in the employee's part-time work schedule bears
to the number of hours in the full-time work schedule of the department.
5.7 Compensation for Portion of Month. Any employee who works less than
any full calendar month, except when on earned vacation or authorized sick
leave, shall receive as compensation for services an amount which is in the same
ratio to the established monthly rate as the number of days worked is to the
actual working days in such employee's normal work schedule for the particular
month; but if the employment is intermittent, compensation shall be on an hourly
basis.
5.8 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 Section 5.10 - Salary on Promotion.
5.9 Salary Reallocation and 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
11
old range, but in no case shall any employee be compensated at less
than the first step of the range to which the class is allocated.
B. In the event that a classification is reallocated from a salary
range with more steps to a salary range with fewer steps on the
salary schedule, apart .from the general salary increase or decrease
described in 5.9 A above, each incumbent of a position in the
reallocated class shall be placed upon the step of the new range
which equals the rate of pay received before the reallocation. In
the event that the steps in the new range do not contain the same
rates as the old range, each incumbent shall be placed at the step
of the new range which is next above the salary rate received in
the old range, or if the new range does not contain a higher step,
at the step which is next lower than the salary received in the old
range.
Co In the event an employee is in a position which is reallocated to a
different class which is allocated to a salary range the same as
above or below the salary range of the employee's previous class,
the incumbent shall be placed at the step in the new class which
equals the rate of pay received before reallocation. In the event
that the steps in the range for the new class do not contain the
same rates as the range for the old class, the incumbent shall be
placed at the step of the new range which is next above the salary
rate received in the old range; or if the new range does not
contain a higher• step, the incumbent shall be placed at the step
which is next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the
deep class resolution and incumbent salary allocations, if any,
shall supercede Section 5.9.
5.10 SalarX on Promotion. Any employee who is appointed to a position of a
class allocated to a higher salary range than the class previously occupied,
except as provided under Section 5.14, shall receive the salary in the new
salary range which is next higher than the rate received before promotion. In
the event this increase is less than five (5) percent, the employee's salary
shall be adjusted to the step in the new range which is at least five (5)
percent greater than the next higher step; provided, however, that the next step
+ shall not exceed the maximum salary for the higher class.
5.11 Salary on Appointment From a Layoff List. In the event of the
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
an increase of less than five (5) percent, in which case the salary shall be
adjusted to the step in the new range which is five (5) percent greater than the
next higher step, if the new range permits such adjustment.
5.12 Salary on Involuntary Demotion. Any employee who is demoted, except
as provided under Section 5.13, shall have his salary reduced to the monthly
salary step in the range for the class of position to which he has been demoted
12
next lower than the salary received before demotion. In the event this decrease
is less than five (5) percent, the employee's salary shall be adjusted to the
step in the new range which is five (5) percent 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 would have achieved had he been continuously in the
position to which he has been demoted, all within-range increments having been
granted.
5.13 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, unless the Board provides otherwise by
resolution, his or her salary shall remain the, same if the steps in his or her
new (demoted) salary range permit, and if not, new salary shall be set at the
step next below former salary.
5.14 Transfer. An employee who is transferred from one position to another
as described under "Transfer" shall be placed at the step in the salary range of
the new class which equals the rate of pay received before the transfer. . In the
event that the steps in the range for the new class do not contain the same
rates as the range for the old class, the employee shall be placed at the step
of the new range which is next above the salary rate received in the old range;
or if the new range does not contain a higher step, the employee shall be placed
at the step which is next lower than the salary received in the old range.
Whenever a permanent employee transfers to or from a deep class, as provided in
the appropriate deep class resolution, the salary of the employee shall be set
as provided in the deep class resolution at a step not to exceed a five (5)
percent increase in the employee's base salary. However, if the deep class
transfer occurs to or from a deep class with specified levels identified for
certain positions and their incumbents, the employee's salary in the new class
shall be set in accordance with the section on "Salary on Promotion" if the
employee is transferring to another class or to a level in a deep class for
which the salary is at least five (5) percent above the top base step of the
deep class level or class in which they have status currently.
5.15 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
5.10 - Salary on Promotion of this Memorandum, commencing on the eighteenth
18th work day of the assignment, under the following conditions:
1. The employee is assigned to a program service, or activity
established by the Board of Supervisors which is reflected in an
authorized position which has been classified and assigned to the
Salary Schedule.
2. The nature of the departmental assignment is such that the employee
in the lower classification becomes fully responsible for the
duties of the position of the higher classification.
13
3. Employees selected for the assignment will normally be expected to
meet the minimum qualifications for the higher classification.
4. Pay for work in a higher classification shall not be utilized as a
substitute for regular promotional procedures provided in this
Memorandum.
5. The appropriate authorization form has been submitted by the
Department Head at least fifteen (15) days prior to the expiration
of the seventeen (17) day waiting period and approved by the County
Administrator.
6. Higher pay assignments shall not exceed six (6) months except
through reauthorization.
7. If approval is granted for pay for work in a higher classification
and the assignment is terminated and later reapproved for the same
employee within thirty (30) days, no additional waiting period will
be required.
8. Any incentives (e.g. , the education incentive) and special
differentials (e.g., bilingual differential and hazardous duty
differential ) accruing to the employee in his/her permanent
position shall continue.
9. During the period of work for higher pay in a higher
classification, an employee will retain his/her permanent
classification, and anniversary and salary review dates will be
determined by time in that classification.
10. Allowable overtime pay, shift differential and/or work location
differentials will be paid on the basis of the rate of pay for the
higher class.
5.16 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 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
employee's option, of the employee's basic salary of the previous month except
that it shall not exceed the amount of the previous month' s basic salary less
all requested or required deductions.
The election to receive an advance shall be made on or before April 30 or
October 31 of each year or during the first month of employment by filing on
forms prepared by the Auditor-Controller a notice of election to receive salary
advance.
14
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.16, 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.
5.17 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 48 hours, exclusive of Saturdays, Sundays and Holidays
from the time the department is made aware of and verifies that the pay warrant
is in error.
Pay errors discovered by the County found 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-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 Personnel 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 a proposed repayment
schedule, the employee may accept the proposed repayment schedule or may request
a meeting through the County Personnel Department. If requested, a meeting
shall be held to determine a repayment schedule which shall be no longer than
one and one-half times (1-1/2) the length of time the overpayment occurred.
Section 6 - Days and Hours of Work
6.1 The normal work week of County employees is forty (40) hours between
12:01 a.m. Monday to 12:00 midnight Sunday, usually five (5) eight (8) hour
days; however, where operational requirements of a department require deviations
from the usual pattern of five (5) eight (8) hour days per work week, an
employee' s work hours may be scheduled to meet these requirements, but his
working time shall not exceed an average of forty (40) hours per seven (7) day
period throughout an operational cycle, and the Department Head shall prepare
written schedules in advance to support all deviations, the schedules to
encompass the complete operational cycle contemplated.
6.2 Staggered Work Schedule. The Social Service Department shall continue
to operate a staggered work schedule plan. Office hours shall remain open to
the public from 8:00 a.m. to 5:00 p.m. , Monday through Friday. Permanent full-
time employees shall have the option to select, subject to prior approval of the
department, an eight (8) hour day, forty (40) hour workweek schedule consisting
of work hours which may be other than the normal 8:00 a.m, to 5:00 p.m. or 4:30
p.m. work schedule. The following shall serve as the basic criteria for the
staggered shift:
A. All employees must be present at their office or otherwise engaged
15
in the duties of their position during the core hours of 10:00 a.m.
and 3:30 p.m.
B. Work schedules must remain within the hours of 7:00 a.m, and 7:00
p.m.
C. The selected staggered work schedule shall consist of the same hours
of work each day except for when a schedule including one varying
eight hour workday is necessary to provide "officer of the day"
coverage or for other specific circumstances in which the department
determines that such a varying schedule is appropriate. The
decision of the Department Head or designee shall be final.
D. Lunch periods of one (1) or one half (1/2) hour shall be scheduled.
In the event that the employee desires to change the scheduled lunch
hour from one (1) hour to one half (1/2) hour, or from one half
(1/2) hour to one (1) hour, that change must be approved in advance
by the Department Head or designee. Lunch periods shall be taken
within one (1) hour of the midpoint of the employee's scheduled
workday.
E. Each work unit designated by placement under a single line
supervisor shall have at least one line worker in the office during
the hours of 8:00 a.m. to 5:00 p.m. Each such unit shall also have
at least one additional line worker in the office or otherwise
engaged in the duties of their positions during the hours of 8:00
a.m. and 4:30 p.m. There are two situations in which exceptions may
be made to these minimum coverage provisions. Units which are
placed under a single supervisor but which are split between two or
more buildings may be clustered with another unit of a like program
function in the immediate work areas of the same building for the
purpose of maintaining minimum coverage during the time period
between 4:30 p.m. and 5:00 p.m. A unit of three or fewer workers
may be clustered with another unit of a like. program function in the
immediate work area for purpose of maintaining minimum coverage,
provided that the total number of workers in the units so clustered
shall not exceed eight (8).
F. Each employee's proposed staggered schedule must be submitted in
writing and approved by the Department Head or designee prior to
implementation.
G. Changes in staggered schedules shall be requested in writing and
must have the approval of the Department Head or designee prior to
implementation.
H. Conflicting requests for schedules shall _ be resolved by the
Department Head whose decision shall be final .
I . In the event coverage within a location becomes temporarily reduced
as a result of scheduling revisions or absenteeism, employees will
be expected to assure that the necessary functions are performed,
particularly the answering of telephones.
16
J. It is understood that an individual employee's schedule may be
changed due to the needs of the department.
K. In the event this staggered scheduling provision is found by the
department to be inconsistent with the needs of the department, the
department shall so advise representatives of Local 535 and the
County and the Union shall meet and confer in an attempt to resolve
the inconsistency.
The Public Health Division of the Health Services Agency shall institute, within
clinic and caseload requirements, a staggered hours work schedule plan in which
permanent full-time Social Workers and Eligibility Workers shall have the option
to request, subject to prior approval of the Department Head or designee, an
eight (8) hour day, forty (40) hour work week schedule consisting of work hours
which may be other than the normal 8:00 a.m. to 5:00 p.m., Monday through
Friday. The following shall serve as the basic criteria for departmental
approval :
A. All employees must be present at their office or otherwise engaged
in the duties of their position during the core hours of 9:00 a.m.
to 4:00 p.m.
B. Work schedules must remain within the hours of 7:30 a.m. and 5:30
p.m. except. for specific assignments which may require work beyond
those hours.
C. The selected staggered work schedule shall consist of the same
eight hour work days as is necessary to provide coverage during the
hours of 8:00 a.m. to 5:00 p.m. The decision of the Department
Head or designee shall be final .
D. Lunch periods of one (1) or one-half (1/2) hour shall be scheduled
subject to the approval of the Department Head or designee. In the
event that the Social Worker or Eligibility Worker desires to
change the scheduled lunch hour from one (1) hour to one-half (1/2)
hour, or from one half (1/2) hour to one (1) hour, that change must
be approved in advance by the Department Head or designee.
E. Each proposed staggered schedule must be submitted in writing and
approved by the Department Head or designee prior to
implementation.
F. Changes in staggered schedules shall be requested in writing and
must have the approval of the Department Head or designee prior to
implementation.
G. Conflicting requests for schedules shall be resolved by the
Department Head or designee, and this decision shall be final .
H. In the event coverage within an area office becomes temporarily
reduced as a result of program changes, scheduling revisions,
absenteeism, or reductions in staffing, the department may adjust
17
Social Worker and Eligibility Worker schedules and/or duties to
assure that the necessary functions of the department are
performed.
I . It is understood that an individual employee's schedule may be
changed due to the needs of the department.
J. In the event this staggered scheduling provision is found by the
department to be inconsistent with the needs of the department, the
department shall so advise representatives of Local 535 and the
County and the Union shall meet and confer in an attempt to resolve
the inconsistency.
Section 7 - Overtime and Compensatory Time
7.1 Overtime. Overtime is any authorized work performed in excess of forty
(40) hours per week or eight (8) hours per day. All overtime shall be
compensated for at the rate of one and one-half (1-1/2) times the employee's
base rate of pay (not including shift and other special differentials)..
o
Overtime for permanent employees is compensated in increments of one-half hour
by either pay or compensatory time off.
Employees entitled to overtime credit for holidays in positions which work
around the crock (such as the County Hospital , Jails, Juvenile Hall and Boys'
Ranch) shall be provided a choice as to whether they shall be paid at the
overtime rate or shall receive compensatory time off at the rate of one and one-
half (1-1/2) hours compensatory time off for each hour worked. Such
compensatory time off, and the accumulation thereof shall be in addition to the
total vacation accumulation permitted under the terms of this Memorandum of
Understanding. The specific provision of this accumulation are set forth in
Section 12.5 of this Memorandum of Understanding. Regular overtime for twenty-
four (24) hour institutional employees may be accrued as compensatory time in
accordance with Section 7.3 of this Memorandum of Understanding.
7,2 Compensatory Time.
A. Employees receiving overtime pay who wish to accrue compensatory
time off in lieu of overtime pay shall notify the department on the
approved form indicating their desire to accrue compensatory time
off at least seven (7) calendar days prior to July 1 of each year.
Employees accruing compensatory time off and who wish to continue
to accrue compensatory time off in a subsequent fiscal year are not
required to notify the department.
An employee wishing to change the method of overtime compensation
(overtime pay to compensatory time off or compensatory time off to
overtime pay) during the fiscal year may do so by notifying the
department on the approved form with thirty (30) days notice of
such change. Only one such change shall be allowed per fiscal
year.
18
B. The names of those employees electing to accrue compensatory time
off shall be placed on a list maintained by the department. At
time of appointment, newly appointed employees may elect to accrue
compensatory time off in lieu of overtime pay by notifying the
department on the approved form.
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.
A permanent part-time employee shall accrue compensatory time off
at the rate of one (1) hour for each hour worked in excess of the
employee's regular, work week for those hours which are not
authorized overtime.
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 worked will be paid at the overtime rate.
If the employee's balance falls below one hundred twenty (120)
hours, the employee shall again accrue compensatory time off for
authorized overtime hours worked until the employee' s balance again
reaches one hundred twenty (120) hours.
E. Accrued compensatory time off shall be carried over for use in the
next fiscal year; however, as provided in D above, accrued
compensatory time off balances may not exceed one hundred twenty
(120) hours.
F. The use of accrued compensatory time off shall be by mutual
agreement betwen the Department Head or his designee and the
employee. Compensatory time off shall not be taken when the
employee would be replaced by another employee who would be
eligible to receive, for time worked, either overtime payment or
compensatory time accruals as provided for in this Section. This
provision may be waived at the discretion of the Department Head or
his designee.
G. When an employee promotes, demotes or transfers from the
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 provided in 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,
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accrued compensatory time balances shall be paid off at the
straight time rate (two-thirds (2/3) the overtime rate) for the
employee's current salary:
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;
5. the employee is granted a leave of absence.
0
J. Compensatory time off shall be accrued and taken in increments of
one-half (1/2) hour.
K. The Office of the County Auditor-Controller will establish
timekeeping procedures to administer this section.
7.3 Part-Time Differential . If an employee in the Social Services
Department, assigned to a permanent part-time position, is requested to work on
his/her scheduled day off after the scheduled office hours, such employee shall
receive, in addition to their regular base rate of pay, a differential of one-
half (1/2) their regular base rate of pay.
Section 8 - Call Back Time
Any employee who is called back to duty shall be paid at the appropriate rate
for the actual time worked plus one (1) hour. Such employee called back shall
be paid a minimum of two (2) hours at the appropriate rate for each call back.
Section 9 - On-Call Duty
On call duty is any time other than time when the employee is actually on duty
during which an employee is not required to be on County premises but stand
ready to immediately report for duty and must arrange so that his superior can
reach him on ten (10) minutes notice or less. An employee assigned to on-call
time shall be paid one (1) hour of straight time credit for each four (4) hours
on such on-call time.
Those positions which are on-call shall be designated by the appointing
authority whose decision is final . Assignment to an on-call position shall be
in accordance with Section 37 - Reassignment.
Section 10 - Shift Differential
s
In the hours which qualify for shift differential , employees shall receive five
(5) percent above their base salary rate.
To qualify for shift differential , an employee must have a regularly assigned
daily work schedule which requires:
20
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 11 - Union Notification of Workforce Reduction
11.1 Workforce Reduction. In the event funding reductions or shortfalls in
funding occur in the Social Service Department., the .Department, after notifying
the Union of its intent to implement this procedure, shall effect the following
actions as necessary to alleviate layoffs:
A. Identify the classification(s) in which reductions must occur due
to funding reductions or shortfalls.
B. Advise all employees in the identified classification(s).
C. Accept all voluntary leaves of absence from employees in the
classification(s) being reduced.
D. Accept part-time requests from employees in the classification(s)
to be reduced to a minimum of twenty (20) hours per week; such
part-time requests shall be allowed only up to a maximum of one-
third (1/3) of the employees in the classification(s) identified
for reduction.
E. Accept all requests for lateral transfer and voluntary demotions
within the Department to classifications not being reduced, such
requests shall be honored on the basis of seniority only up to the
number of vacant authorized positions in classifications not being
reduced.
F. Offer employees in the classification(s) being reduced positions in
the same class which are designated as permanent intermittent.
Employees placed into such permanent intermittent status shall be
restored to their former status on the basis of seniority.
G. At such time as funding and authorization are available to increase
staffing in previously reduced programs, employees, who voluntarily
21
demoted, voluntarily reduced their work hours, or accepted
permanent intermittent positions due to workforce reduction, shall
be offered in order of seniority either increased hours or
reinstatement to a position in their former class; provided,
however, the Department shall not be obligated to offer an employee
more than three positions in their former class. An employee may
notify the Department of his/her desire not to be offered a
position in their ,former class for a period not to exceed ninety
(90) calendar days. Such notification shall constitute a response
to an offer and may be exercised twice.
H. No actions taken by the Department shall be effected which alter an
employee's seniority rights unless said employee acknowledges such
alteration in seniority rights and still requests the change in
status.
I . If a layoff occurs after implementing the above provisions, the
3
provisions of Section 11.2 shall govern such layoff.
11.2 When it appears to the Department Head and/or Employee Relations
Officer that the Board of Supervisors may take action which will result in the
layoff of employees in a representation unit represented by the Union, the
Employee Relations Officer shall notify the Union of the possibility of such
layoffs and shall meet and confer with it regarding the implementation of the
action.
The County agrees to give employees ten (10) work days notice of layoff. except
in cases of emergency.
11.3 At layoff, employees will be provided with a letter that explains when
their layoff list expires and the last date for contacting the County to request
an extension.
11.4 Salary on appointment from a layoff list shall be in accordance with
the provisions of Section 5.11.
11.5 Severance Pay. For the term of this Agreement only, permanent
employees in classifications represented by Social Services Union, Local 535 in
the Social Services Unit and the Community Aide Unit for whom work ceases to be
available as a result of a reduction in federal and state funding of Social
i Welfare Programs, may elect to be paid severance pay at the time of separation
and such separation from County service was not discharged for cause,
resignation prior to the date work ceased to be available, transfer to any other
position in the County, or whose separation from County employment is directly
' related to obtaining employment in any other Federal , State, County or Local
jAgency without interruption of employment.
Employees eligible for electing severance pay shall receive severance pay in the
amount of eighteen hundred dollars ($1,800) at the time of their separation from
County service.
It is further understood that severance pay is not a part of the County Salary
Plan and by accepting severance pay an employee relinquishes all claims to
22
employment with Contra Costa County and any and all preferential reemployment
rights and/or privileges with Contra Costa County and in particular waives the
benefits provided in Section 612 through Section 619 inclusive of the Personnel
Management Regulations of Contra Costa County.
Eligible employees electing the severance pay option will be required to
complete the following Severance Pay Separation Form:
"I have received and read a copy of the Memorandum of Understanding
between Contra Costa County and Social Services Union, Local 535 dated
such Memorandum of Understanding has been approved by
the Board of Supervisors of Contra Costa County.
I acknowledge that I have terminated my employment with Contra Costa
County effective and that such termination was legally
proper.
In consideration of and by acceptance of severance pay in the amount of
Eighteen Hundred Dollars ($1,800) , I waive any and all preferential
reemployment rights and/or privileges with Contra Costa County and in
particular I waive the benefits provided in Sections 612 through 619
inclusive of the Personnel Management Regulations of Contra. Costa
County."
(Employee' s Signature)
11.6 Separation Through Layoff
A. Grounds for Layoff. Any employee(s) having permanent status
in positions 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 a permanent
intermittent or permanent part-time position, the least
senior employee being displaced first.
2. In the Same Level or Lower Class. A laid off or displaced
employee who had achieved permanent status in a class at
the same or lower salary level as determined by the salary
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schedule in effect at the time of layoff may displace
within the department and in the class an employee having
less seniority; the least senior employee being displaced
first, and so on with . senior displaced employees
displacing junior employees.
D. Particular Rules on Displacing.
1. Permanent intermittent and permanent part-time 'employees
may displace only employees holding permanent positions of
the same type respectively.
2. A permanent full-time employee may displace any
intermittent or part-time employee with less seniority (1)
in the same class as provided in Section 11.6 (C), (1) or
(2) in a class of the same or lower salary level as
provided in Section 11.6 (C,2) if no full-time employee in
a class at the same or lower salary level has less
seniority than the displacing employees.
3. Former permanent full-time employees who have voluntarily
become permanent part-time employees for the purpose of
reducing the impact of a proposed layoff with the written
approval of the Director of Personnel or designee retain
their permanent full-time employee seniority rights for
layoff purposes only and may in a later layoff displace a
full-time employee with less seniority as provided in
these rules.
E. Seniority. An employee' s seniority within a class for layoff
and displacement purposes shall be determined by adding the
employee's length of service in the particular class in
question to the employee's length of service in other classes
at the same or higher salary levels as determined by the
salary schedule in effect at the time of layoff. Employees
reallocated or transferred without examination from one class
to another class. having a salary within five percent of the
former class shall carry the seniority accrued in the former
class into the new class. Service for layoff and displacement
f 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.
F. Eligibility for Layoff List. Whenever any person who has
permanent status is laid off, has been displaced, has been
demoted by displacement or has voluntarily demoted in lieu of
layoff or displacement, or who 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.
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G. Order of Names on Layoff. First, layoff lists shall contain
the names of persons laid off or displaced or when demoted as
a result of a layoff or displacement, or who have voluntarily
demoted in lieu of layoff or displacement or who have
transferred in lieu of layoff or displacement. Names shall be
listed in order of layoff seniority in the class from which
laid off, displaced, demoted, or transferred on the date of
layoff, the most senior person listed first. In case of ties
in seniority, the seniority rules shall apply except that
where there is a class seniority tie between persons laid off
from different departments, the tie(s) shall be broken by
length of last contin-uous permanent County employment with
remaining ties broken by random selection among the employees
involved.
H. Duration of Layoff and Reemployment Rights. The name of any
person laid off or granted reemployment privileges after
application shall continue on the appropriate list for a
period of two (2) years. Persons placed on layoff lists shall
be continued on the list for an additional two years if
application for extension of eligibility is made before the
expiration of the original period of eligibility.
I . Certification of Persons From Layoff Lists. Layoff lists
contain the name(s) of persons laid off, displaced or
demoted by displacement or voluntarily demoted in lieu of
layoff or who have transferred in lieu of layoff or
displacement. When a request for personnel is received from.
the appointing authority of a department, if a layoff list
exists for the class, the appointing authority shall receive
and appoint the eligible highest on the layoff list from that
department; or in the case that there is no layoff from that
department, the appointing authority shall receive and appoint
the eligible highest on the layoff list. However, if an
eligible so certified is rejected during probation as
referenced in Section 18.7 and 18.8 and restored to the layoff
list, the rejected employee will not again be certified to the
department from which rejected on probation unless the
appointing authority so requests.
J. Removal of Names from Reemployment and Layoff Lists. The
Director of Personnel may remove the name of any eligible from
a reemployment or layoff list for any reason listed below:
1. For any cause stipulated in Section 404.1 of the Personnel
Management Regulations.
2. On evidence that the eligible cannot be located by postal
authorities.
3. On receipt of a statement from the appointing authority or
eligible that the eligible declines certification or
indicates no further desire for appointment in the class.
25
4. If three 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
Personnel or the appointing authority within five (5) days
to written notice of certification mailed by certified
mail to the person' s last known address.
Section 12 - Holidays
12.1 The County will observe the following holidays:
A. January 1st, known as New Years Day
Third Monday in January known as Dr. Martin Luther King Jr. Day
Third 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 Veteran' s Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
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 shall accrue two (2) hours of personal
holiday credit per month. Such personal holiday time may be taken
in increments of one-half (1/2) hour, and preference of personal
holidays shall be given to employees according to their seniority
in their department as reasonably as possible.
C. Permanent part-time employees shall receive personal holiday credit
in the same ratio to the personal holiday credit given full-time
employees as the number of hours per week in the part-time
employee's schedule bears to the number of hours in the regular
full-time schedule.
D. Employees shall accrue their personal holiday credit during months
they are in pay status provided however that no employee may accrue
more than thirty-two (32) hours of personal holiday credit. On
i separation from County service, an employee shall be paid for any
unused personal holiday credits at the employee's then current pay
rate.
E. Employees in positions which work around the clock shall continue
to celebrate Admission Day, Columbus Day and Lincoln's Day.
26
• 12.2 The following provisions indicate how holiday credit is to be applied:
A. Employees on the five (5) day forty (40) hour Monday through Friday
work schedule shall be entitled to a holiday whenever a holiday is
observed pursuant to the schedule cited above.
B. Employees on a work schedule other than Monday through Friday shall
be entitled to credit for any holiday, whether worked or not,
observed by employees on the regular schedule.
C. For all employees, if a work day falls on a scheduled holiday they
shall receive overtime pay or equivalent compensatory time credit
(holiday credit) for working the holiday; or if a holiday falls on
the day off of an employee, the employee shall be given straight
time pay or equivalent compensatory time credit.
12.3 If any holiday listed in Section 12.1 (A) above falls on a Saturday,
it shall be observed on the preceding Friday. If any holiday listed in Section
12.1 (A) above falls on a Sunday, it shall be observed on the following Monday.
12.4 Accrual of Holiday Time & Credit. Employees entitled to holiday
credit sha be permitted to elect between pay or compensatory time off in
recognition of holidays worked. The following procedures shall apply to this
selection:
A. .Any person who is eligible and who elects to accrue holiday credit
must agree to do so for a full fiscal year (July 1 through June
30) , or the remainder therof.
B. Employees starting work after a list of those electing to accrue
holiday credit has been submitted to the Auditor and approved, will
be paid overtime unless they specifically request in writing within
seven (7) calendar days to be placed on the holiday credit accrual
list.
C. Holiday time shall be accrued at the rate specified above to a
maximum of eight (8) hours worked by the employee.
D. Accrued holiday credit may not be accumulated in excess of two
hundred eighty-eight (288) working hours, exclusive of regular
vacation accruals. After 288 hours, holiday time shall be paid at
the rates specified above.
E. Accrued holiday credit may be taken off at times determined by
mutual agreement of the employee and the Department Head.
F. Accrued holiday credit shall be paid off only upon a change in
status of the employee such as separation, transfer to another
department or reassignment to a permanent-intermittent position.
27
Section 13 - Vacation Leave
13.1 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 5.7 of this Memorandum of
Understanding.
Vacation may be taken in increments of one half (1/2) hour.
Vacation credits may not be taken during the first six (6) months of employment
(not necessarily synonymous with probationary status) except where sick leave
has been exhausted; and none shall be allowed in excess of actual accrual at the
time vacation is taken.
13.2 Vacation Accrual Rates.
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13 1/3 .320
20 through 24 years 16 2/3 400
25 through 29 year 20 480
30 years and up 23 1/3 560
Employees in permanent part-time and permanent-intermittent positions shall
accrue vacation benefits on a pro-rata basis as provided in Section 36-1.006 of
Board Resolution #81/1165.
13.3 No employee who has been granted a leave without pay or unpaid
military leave shall accrue any vacation credit during the time of such leave,
nor shall an employee who is absent without pay accrue vacation credit during
the absence.
13.4 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.
13.5 Vacation Preference. Preference of vacation shall be given to
employees according to their seniority in their department as reasonably as
possible.
Section 14 - Sick Leave
14.1 The purpose of paid sick leave is to insure employees against loss of
pay for temporary absences from work due to illness or injury. Sick leave may
be used only as authorized; it is not paid time off which employees may use for
personal activities.
28
14.2 Sick leave credits accrue at the rate of eight (8) working hours
credit for each completed month of service. Employees who work a portion of a
month are entitled to a pro-rata share of the monthly sick leave credit computed
on the same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one-
half (1/2) hour. Unused sick. leave credits accumulate from year to year. When
an employee is separated, other than through retirement, accumulated sick leave
credits shall be cancelled, unless the separation results from layoff in which
case the accumulated credits shall be restored if the employee is reemployed in
a permanent position within the period of his/her layoff eligibility.
Upon retirement, an employee's accumulated sick leave shall be converted to
retirement time on the basis of one, day of retirement service credit for each
day of accumulated sick leave credit.
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:
j A. An employee may use paid sick leave credits when the employee is
off work because of a temporary illness or injury.
B. 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 conditions listed
below. For the purposes of this Section 14 permanent disability
shall mean the employee suffers from a disabling physical injury or
illness and is thereby prevented from engaging in any County
occupation for which he/she is qualified by reason of education,
training or experience. Sick leave credits may be used under this
provision only when the following requirements are met:
1. an application for retirement due to disability has been
filed with the Retirement Board; and
2. satisfactory medical evidence of such disability is
received by the appointing authority within thirty (30)
days of the start of use of sick leave for permanent
disability. The appointing authority may review medical
evidence and order further examination as he/she deems
necessary, and may terminate use of sick leave when such
further examination demonstrates that the employee is not
disabled, or when the appointing authority determines that
the medical evidence submitted by the employee is
insufficient, or where the above conditions have not been
' met.
C. Communicable Disease. An employee may use paid sick leave credits
while under a physician' s orders to remain secluded due to exposure
to a communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. Every female
employee shall be entitled to at least four months leave of absence
on account of pregnancy disability and to use available sick leave
or vacation pay entitlements during such leave.
29
1. Application for such leave must be made by the employee to
the appointing authority accompanied by a written
statement_ of disability from the employee's attending
physician. The statement must address itself to the
employee' s general physical condition having considered
the nature of the work performed by the employee, and it
must indicate the date of the commencement of the
disability as well as the date the physician anticipates
the disability to terminate. The appointing authority
retains the right to medical review of all requests for
such leave.
2. If a female employee does not apply for sick 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
i recovery therefrom, the employee shall be required to
undergo a physical examination by a physician selected by
the County the cost of such examination shall be borne by
the County. Should the medical report so recommend, a
mandatory leave shall be imposed upon the employee for the
duration of the disability.
3. If all accrued sick leave has been utilized by the
employee the employee shall be considered on leave without
pay. 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 date of the employee's recovery from
such disability.
E. Medical and Dental Appointments. An employee may use paid sick
leave credits for medical and dental appointments as follows:
1. For working time used in keeping medical and dental
appointments for the employee' s own care; and
2. For working time (not over thirty-two (32) hours in each
fiscal year) used by an employee for pre-scheduled medical
and dental appointments for an immediate family member
living in the employee' s home and for children of the
' employee whether or not living in the home. Such use of
sick leave credits shall be accounted for by the
department on a fiscal year basis. Any balance of the
thirty-two (32) hours remaining at the end of the fiscal
year shall not be carried over to the next year;
departments shall notify the employee if the maximum
allowance is reached. Authorization to use sick leave for
this purpose is contingent on availability of accumulated
sick leave credits; it is not an additional allotment of
sick leave which employees may charge.
F. Emergency Care of Family. An employee may use paid sick leave
30
credits (up to three (3) days per incident, unless the Department
Head approves more) for working time used in cases of illness, or
injury to, an immediate family member living in the employee's home
and for children of the employee whether or not living in the
employee' s home if there is a real need for someone to render care
and no one else is available therefore, and if alternative
arrangements for the ill or injured person are immediately
undertaken.
G. Death of Family Member. An employee may use said sick leave
credits for absence from work because of a death in the employee's
immediate family, but this shall not exceed three (3) working days
plus up to two (2) days of work time for necessary travel .
14.3 Administration of Sick Leave. Accumulated paid sick leave credits may
not be use in the following situations:
1. Vacation. For an employee's illness or injury while the employee
is on vacation except when extenuating circumstances exist and the
appointing authority approves.
2. Not in Pay Status. When the employee would otherwise be eligible
to use paid sick leave credits but is not in a pay status.
The proper administration of sick leave is a responsibility of the employee and
the Department Head. The following procedures apply:
A. Employees are responsible for notifying their department of an
absence as early as possible prior to the commencement of their
work shift or not later than thirty (30) minutes thereafter if
possible. Notification shall include the reason and possible
duration of the absence.
B. Employees are responsible for keeping their department informed of
their continuing condition and probable date of return to work.
C. Employees are responsible for obtaining advance approval from their
appointing authority or designee for the schedule time of
-prearranged personal or family medical and dental appointments.
The use of sick leave may be denied if these procedures are not followed. Abuse .
of the sick leave privilege on the part of the employee is course for
disciplinary action. To ascertain the propriety of claims against sick leave,
Department Heads may make such investigations as they deem necessary. The
Department Head may use but is not limited to the following procedures:
1. Calling the employee, his/her family or attending physician if
there is one.
2. Obtaining the signature of the employee on the Absence/Overtime
Record or on another form established for that purpose, as a
certification of the legitimacy of the claim.
31
3. Obtaining a written statement explaining the claim for use of
accumulated sick leave credits.
4. Obtaining a physician's certificate covering the absence(s)
indicating that the employee was incapacitated.
5. Writing a letter of inquiry about the employee' s condition
enclosing a form to be. filled out, signed and returned.
6. Obtaining a periodic statement of progress and medical
certification in absences of an extended nature.
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 provisions and with
clarifying regulations issued by the Office of the County Administrator.
14.4 Disability.
a
i A. An employee physically or mentally incapacitated for the
performance of duty is subject to dismissal , suspension or
demotion, subject to the County Employees Retirement Law of 1931.
An appointing authority may place an employee on leave if the
appointing authority has filed an application for disability
retirement for the employee.
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 a physical, medical and/or psychiatric examination by a
licensed physician and receive a report of the findings on such
examination. If the examining physician recommends that treatment
for physical or mental health problems, including leave, are in the
best interests of the employee or the County in relation to the
employee overcoming any disability and/or performing his/her
duties, 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 Personnel Director may order lost pay restored
for good cause and subject to the employee's duty to mitigate
damages.
D. Before an employee returns to work from any absence for illness or
injury, other leave of absence or disability leave, exceeding two
weeks in duration, the appointing authority may order the employee
to undergo at County expense a physical , medical , and/or
psychiatric examination by a licensed physician, and may consider a
32
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 Memorandum of Understanding.
14.5 Workers' Compensation.
A. Employees who leave work as a result of an on-the-job injury will
have the balance of that day charged to continuing pay. This will
be considered as the last day. worked for purposes of determining
Workers' Compensation benefits.
A permanent employee shall continue to receive full regular salary
during any period of compensable temporary disability absence.
"Compensable temporary disability absence" for the purpose of this
Section, is any absence due to work connected disability which
qualifies for temporary disability compensation under Workers'
Compensation Law set forth in Division 4 of the California Labor
Code. When any disability becomes permanent, the salary provided
in this Section shall terminate. The employee shall return to the
County all temporary disability payments received by him/her from
any County funded wage replacement program. 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 salary payments are made.
The maximum period for the described salary continuation for any
one injury or illness shall be one year from the date of temporary
disability.
B. Continuing pay begins on the date of injury and continues until the
temporary disability ends, or until one (1) year from the date of
injury, whichever comes first. All continuing pay under the
Workers' Compensation Program will be cleared through the County
Personnel Office, Safety Division.
C. Full Pay Beyond One Year. If an injured employee remains eligible
for temporary disability beyond one year, full salary will continue
by integrating sick leave and/or vacation accruals with Workers'
Compensation benefits. If salary integration is no longer
available, Workers' Compensation benefits will be paid directly to
the employee as prescribed by Workers' Compensation laws.
D. Rehabilitation Integration. An injured employee who is eligible
for Workers Compensation Rehabilitation Temporary Disability
benefits and whose disability is medically permanent and stationary
will continue to receive full 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.
33
F. Health Insurance. The County contribution to the employee's group
insurance plan(s) continues during the continuing pay period and
during integration of sick leave or vacation with Workers'
Compensation benefits.
F. Method of Integration. An employee's sick leave and/or vacation
charges shall be calculated as follows: C = 8 jl - (W : S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
14.6 For the purposes . of this Section 14 the immediate family shall be
restricted to the. spouse, son, stepson, daughter, stepdaughter, father,
stepfather, mother, stepmother, brother, sister, grandparent, grandchild,
father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or
sister-in-law, of an employee.
14.7 No employee who has been granted a leave without pay or unpaid
military leave shall accrue any sick leave credits during the time of such
leave, nor shall an employee who is absent without pay accrue sick leave credits
during the absence.
14.8 Integration of State Disbility Benefits with the County Sick Leave
Benefit Program. Employees eligible for State Disability benefits and sick
leave benefits for any portion of disability shall be required to make
application for both benefits. The State Disability benefits shall be returned
to the County to be credited to the employees sick leave balance on the
following basis:
1. Integration with State Disability is automatic and cannot be waived.
2. The amount credited to the employees sick leave balance shall be
converted to sick leave hours by dividing the amount received from
State Disability Insurance by the employee's straight-time hourly
rate, at the time of payment, as determined by the appropriate
salary schedule for the employee' s class of employment.
3. If the employee is eligible for State Disability Insurance benefits,
application must be made and the benefits returned to the County for
sick leave credits so that the principle of integration is
completed.
4. In the event an employee is not eligible for sick leave credits from
1 the County, there will be no integration and the employee shall not
return State Disability Insurance benefits to the County.
5. In the event an employee receives sick leave benefits for a portion
of the disability period, State Disability benefits must be utilized
to restore only those sick leave hours used during the period of
disability.
34
6. Restoration of sick leave balances shall be rounded to the nearest
one-half (1/2) hour.
7. In no instance will an employee be allowed to "purchase" sick leave
not accrued.
8. The County will provide separate accounting for the "purchased" sick
leave to insure that State Disability Insurance benefits are not
taxable.
14. 9 Disability Insurance Review Committee. The County shall establish a
Disability Insurance Review Committee consisting of one representative from each
employee organization and four management representatives to review and
recommend to the Director of Personnel the feasibility of implementing a self-
funded and self-administered disability insurance program.
14.10 Employee Annual Health Examination. Employees of the County who work
in a Health Services Department facility will annually be required to complete a
Health Questionnaire and take a Tuberculosis Skin Test. A chest x-ray will be
required if the employee has previously had a positive reaction to a
tuberculosis skin test. However, employees will not be required to take x-ray
exams in excess of what is required by applicable Federal and State laws.
Employees will also be requested to be screened for Rubella immunity. If the
result of the Rubella test is negative, the appointing authority or designee
will recomend that the employee become immunized. If the employee has direct
patient contact and refuses to become immunized, said employee will be relocated
to an indirect patient contact area.
Section 15 - Leave of Absence
15.1 Leave Without Pay. Any employee who has permanent status in the
classified service may be granted a leave of absence without pay upon written
request, approved by the appointing authority; provided, however, that leaves
for. pregnancy shall be granted in accordance with applicable state and federal
law.
Requests for leave without pay shall be made upon forms prescribed by the
Director of Personnel and shall state specifically the reason for the request,
the date when it is desired to begin the leave and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1. Illness or disability;
2. pregnancy;
3. to take a course of study such as will increase his
usefulness on return to his position;
4. for other reasons or circumstances acceptable to the
appointing authority.
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
35
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 fifteen (15) calendar days before the expiration of the original leave.
Whenever an employee who has been granted a leave without pay desires to return
before the expiration of such leave, the employee shall so request of the
appointing authority in writing at least fifteen (15) days in advance of the
return for approval by the appointing authority, provided however that less
notification may. be approved at the discretion of the appointing authority or
his/her designee. The Personnel Department shall be notified promptly of such
return. Failure to submit timely written notice may result in the employee not
being permitted to return to work until the required notice period has elapsed.
Except with respect to leave due to pregnancy, illness or disability, the
decision of the appointing authority on granting or denying a leave of absence
shall be subject to appeal to the Personnel Director and not subject to appeal
through the grievance procedure set forth in Section 23 of this Memorandum of
Understanding.
15.2 Military Leave. Any employee who has permanent status in the merit
system and who is required 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. An employee who volunteers for such service shall be granted
a leave of absence, if necessary, in accordance with applicable state or federal
law. 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 accured 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 Personnel may deem necessary.
15.3 Parental Leave. If the State of California enacts a parental leave
law effective during t e term of this Memorandum of Understanding applicable to
the County, the County will meet with the union regarding the implementation of
such law.
15.4 Leave of Absence Replacement. In the Health Services Department, any
permanent employee in the merit system who requests reinstatement to the
classification held by the employee at the same time the employee was granted a
leave of absence, shall be reinstated to a position in that classification and
then only on the basis of seniority.
36
In the Social Service Department an employee shall have the right to return to
the same class, building, and assignment (position control number) if the return
to work is within eighty-nine (89) consecutive days from the initial date the
employee started leave of absence., At such time the leave of absence is
approved by the Appointing Authority, the Social Service Department shall notify
the employee of the final date by which they shall return to be assigned to the
same position control number.
15.5 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.
' 15.6 Unauthorized Absence. An unauthorized absence from the work site or
failure to report for duty after a leave request has been disapproved, revoked,
or cancelled by the appointing authority, or at the expiration of a leave shall
be without pay. Such absence may also be grounds for disciplinary action.
15.7 Time Off to Vote. Employees represented by the Union who do not have
sufficient time outside of working hours to vote at a statewide election, may,
without loss of pay, take off enough working time which will enable the employee
to vote.
No more than two (2) hours of the time taken off for voting shall be without
loss .of pay. The time off for voting shall be only at the beginning or end of
the regular working shift, whichever allows the most free time for voting and
the least time off from the regular working shift.
Any employee seeking time off to vote under the provisions of this Section, must
submit a written request, at least two (2) working days in advance, to his or
her immediate supervisor, stating the following: name; job classification;
department; a statement "I am a registered voter"; geographic location and
address of the employee's polling place; amount of time off requested and
whether it is to be at the beginning or end of the employee's regular work day;
and a clear statement as to why the employee is unable to vote during the
regular hours that the polls are open.
Section 16 - Jury Duty and Witness Duty
16.1 Jury Duty. If called for jury duty in a Municipal , Superior, or
Federal Court, or for a Coroner's jury, employees may remain in their regular
pay status, or they may take vacation leave or leave without pay and retain all
fees and expenses paid to them.
If an employee is called for jury duty and elects to remain in a regular pay
status and waive all fees (other than mileage allowances) received, the employee
shall obtain from the Clerk or Jury Commissioner a certificate which shall
indicate the days attended and the fact that fees other than mileage are waived.
The employee shall furnish the court certificate to his/her department, which
shall be retained as a department record. When serving jury duty in a federal
37
court, an employee shall return all fees (other than mileage allowance) received
to the County.
When an employee is called for jury duty and elects.. to retain all fees, the
employee must take vacation .leave or leave without pay. No court certificate is
required in this instance.
Employees shall advise their department as soon as possible if scheduled to
appear for jury duty.
Permanent intermittent employees are entitled 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 remainin their regular pay status and turn over to the County all fees and
expenses paid to them (other than mileage allowances) or they make 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 Section 16 of this Memorandum of Understanding.
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 and Welfare, Life and Dental Care
17.1 The County will continue the existing County Group Health Plan program
of medical , dental and life insurance coverage through California Dental
Service, Safeguard Dental Plan, Aetna Life Insurance and the medical insurance
options of Kaiser-Permanente Foundation Health Plan, Blue Cross of Northern
California Health Plan, the Contra Costa County Health Plan, H.E.A.L.S. Health
Plan, IPM Health Plan and Lifeguard Health Plan to all permanent employees
regularly scheduled to work twenty (20) or more hours per week.
! 17.2 Alternatives. During the term of this Memorandum of Understanding,
the County intens to seek alternatives to the Blue Cross Medical Plan by
requesting that health care companies submit bids on the cost of furnishing
1 identical or similar benefits as are provided under the Blue Cross Plan. The
Union will be given an opportunity to meet and confer on the coverage afforded
i under such substitute plans before they are implemented.
17.3 Health Plan Options & Rates. Effective August 1, 1985 the cost of the
existing County Group Health Plan Programs will be as follows:
38
Kaiser Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 74.89 $ 73.36 $ 1.53
CDS 89.14 79.81 9.33
Safeguard 84.53 79.81 4.72
Family (No Medicare)
No Dental 185.59 165.50 $ 20.09
CDS 218.84 171.12 47.72
Safeguard 205.57 171.12 34.45
Blue Cross Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $190.82 $ 91.18 $ 99.64
CDS 205.07 99.24 105.83
Safeguard 200.46 99.24 101.22
Family (No Medicare)
No Dental $342.91 $151.50 $191.41
CDS 376.16 172.69 203.47
Safeguard 362.89 172.69 190.20
Contra Costa Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 73.57 $ 72.54 $ 1,03
CDS 87.82 83.79 4.03
Safeguard 83.21 82.18 1.03
Family (No Medicare)
No Dental 185.40 170.50 14.90
CDS 218.65 173.98 44.67
Safeguard 205.38 173.98 31.40
I
i
I
i
r
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H.E.A.L.S. Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 85.49 $ 80.32 $ 5.17
CDS 99.74 87.62 12.12
Safeguard 95.13 87.62 7.51
Family (No Medicare)
No Dental 200.40 164.77 $ 35.63
CDS 233.65 176.05 57.60
Safeguard 220.38 176.05 44.33
IPM Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 74.31 $ 72.47 $ 1.84
CDS 88.56 79.81 8.75
Safeguard 83.95 79.81 4.14
Family (No Medicare)
No Dental 219.67 165.50 $ 54.17
CDS 252.92 174.18 78.74
Safeguard 239.65 174.18 65.47
Lifeguard Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 83.56 $ 73.36 $ 10.20
CDS 97.81 79.81 18.00
Safeguard 93.20 79.81 13.39
Family (No Medicare)
No Dental 208.36 165.50 42.86
CDS 241.61 171.12 70.49
Safeguard 228.34 171.12 57.22
Dental Plans Only
Category Total Cost County Share Employee Share
Employee Only
CDS $ 15.48 $ 15.47 $ .01
Safeguard 10.87 10.86 .01
Family
CDS 34.48 34.47 .01
Safeguard 21.21 21.20 .01
40
The employee will pay a minimum of one cent (.01) for any Health Plan or Dental
Care Coverage.
17.4 Increased Costs. All rates shown above include life insurance
coverage. The rates listed above are effective 8/1/85 and are based on the
County contributing up to a maximum of six dollars ($6.00) per month of
increased premium for a single subscriber and fourteen dollars ($14.00) per
month of increased premium for a subscriber with dependents.
Effective 8/1/86 the County will contribute up to six dollars ($6.00) per month
for a single subscriber and up to fourteen dollars ($14.00) per month for a
subscriber with dependents, based on the premium increase set by the
Kaiser-Permanente Foundation Health Plan.
Any increase in the Health Plan costs greater than the County contributions
identified above occuring during the duration of this Memorandum of
Understanding shall be borne by the employee.
17.5 Medicare Rates. Corresponding Medicare rates for employees covered
under this Memorandum of Understanding shall be as follows: for Employee Only
on Medicare by taking the Employee Only rate for the option selected and
subtracting the monthly Part B Medicare premium withheld from Social Security
payments for one enrollee; for Employee and Dependent(s) with one member on
Medicare by taking the Employee and Dependent(s) rate for the option selected
and subtracting the monthly Part B Medicare premium withheld from Social
Security payments for one enrollee; for Employee and Dependent(s) with two
members on Medicare by taking the Employee and Dependent(s) rate for the option
selected and subtacting the monthly Part B Medicare premium withheld from Social
Security payments for two enrollees.
17.6 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. An employee is thus covered by the health plan for the month in which
compensation is paid.
17.7 Coverage During Absences. An employee who is on approved leave of
absence may convert to individual health plan coverage within thirty (30) days
of the commencement of leave.
Employees shall be allowed to maintain their Health Plan coverage at the County
group rate for twelve (12) months if on approved medical leave of absence
provided that the employee shall pay the entire premium (i .e., both employer and
employee share) for the Health Plan during said leave. Said payment shall be
made by the employee at a time and place specified by the County. Late payment
shall result in cancellation of Health Plan coverage.
An employee who terminates County employment who has earned compensationfor
actual time worked or is credited for time worked through vacation or sick leave
41
accruals, is only covered through the month in which he is credited with
compensation. An employee who terminates County employment may convert to
individual health plan coverage.
17.8 Retirement Coverage. Upon retirement, employees may remain in the
same County group medical plan if immediately before their retirement they are
either active subscribers to one of the County Health Plans or if on authorized
leave of absence without pay they have retained individual conversion membership
from the County plan.
17.9 Dual Coverage. If a husband and wife both work for the County and one
of them is laid off, the remaining eligible shall be allowed to enroll or
transfer into the health coverage combination of his/her choice.
An eligible employee who is no longer covered for medical or dental coverage
a through a spouse's coverage shall be allowed to enroll or transfer into the
health coverage combination of his/her choice within thirty (30) days of the
a
date coverage is no longer afforded under the spouse's plan.
Section 18 - Probationary Period
18..1 Duration. All appointments from officially promulgated employment
lists for original entrance or promotion shall be subject to a probationary
period. This period shall be from six (6) months to two (2) years duration.
18.2 Listed below are those classes represented by the Union which have
probation periods in excess of six (6) months.
None
18.3 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.
18.4 The probationary period shall commence from the date of appointment.
It shall not include time served in provisional or temporary appointments or any
period of continuous unpaid absence exceeding fifteen (15) calendar days, except
as otherwise provided by law.
For those employees appointed to permanent-intermittent positions with a six (6)
months probation period, probation will be considered completed upon serving
one-thousand (1,000) hours after appointment except that in no instance will
this period be less than six (6) calendar months from the beginning of
probation. If a permanent-intermittent probationary employee is reassigned to
full-time, credit toward probation completion in the full-time position shall be
prorated on the basis of one hundred seventy-three (173) hours per month.
18.5 Rejection During Probation. An employee who is rejected during the
probation period - and restored to the eligible list shall. begin a new
probationary period if subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of
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this section, an employee (probationer) shall have the right to
appeal from any rejection during the probationary period based on
political or religious affiliations or opinions, Union activities,
or race, color, national origin, sex, age, handicap, or sexual
orientation.
B. The appeal must be written, must be signed by the employee and set
forth the grounds and facts by which it is claimed that grounds for
appeal exist under Subsection A and must be filed through the
Director of Personnel to the Merit Board by 5:00 p.m. on the
seventh (7th) calendar day after the date of delivery to the
employee of notice of rejection.
C. The Merit Board shall consider the appeal , and if it finds probable
cause to believe that the rejection may have been based on grounds
prohibited in Subsection A, it may refer the matter to a Hearing
Officer for hearing, recommended findings of fact, conclusions of
law and decision, pursuant to the relevant provisions of the Merit
Board rules in _which proceedings the rejected probationer has the
burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall
deny the appeal . If, after hearing, the Merit Board upholds the
appeal , it shall direct that the appellant be reinstated in the
position and the appellant shall begin a new probationary period
unless the Merit Board specifically reinstates the former period.
18.6 Regular Appointment. The regular appointment of a probationary
employee shall begin on the day following the end of the probationary period,
subject to the condition that the Director of Personnel 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 of Understanding, 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 Memorandum of Understanding, 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
43
classification in the department from which the employee was promoted or
• transferred.
A probationary employee who has been rejected or has resigned during probation
shall not be restored to the eligible list from which the employee was certified
unless the employee receives the affirmative recommendation from the appointing
authority and is certified by the Personnel Director whose decision is final .
The Director of Personnel 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.
18.7 Layoff During Probation. An employee who is laid off during
probation, if reemployed in the same class by the same department, shall be
required to complete only the balance of the required probation.
a
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.
18.8 Rejection During Probation of Layoff Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the probation period
shall be automatically restored to the layoff list, unless discharged for cause,
if the person is within the period of layoff eligibility. The employee shall
begin a new probation period if subsequently certified and appointed in a
different department or classification than that from which the employee was
laid off.
Section 19 - Promotion
19.1 Promotion shall be by competitive examination unless otherwise
provided in this Memorandum of Understanding.
19.2 Promotion Policy. The Director of Personnel , upon request of an
appointing authority, shall determine whether an examination is to be called on
:j a promotional basis.
19.3 Open Exam. If an examination for one of the classes represented by
theremium rates providing they work at least fifty (50) percent of full time.
If the employee works at least fifty (50) percent of full time, County
retirement participation is also included.
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:
44
A. An evaluation of the position(s) in question must show that the
duties and responsibilities have significantly increased and
constitute a higher level of work.
B. The incumbent of the position must have performed at the higher
level for one (1) year.
C. The incumbent must meet the minimum education and experience
requirements for the higher class.
D. The action must have approval of the Personnel Director.
E. The Union 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 (.05) percent for each completed month of
service as a permanent County employee continuously preceding the final date for
filing appYication 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 (5) percent credit for seniority in any promotional examination.
19.7 County employees who are required as part of the promotional
examination process to take a physical examination shall do so on County time at
County expense.
Section 20 - Transfer
i
20.1 The following conditions are required in order to qualify for
transfer;
A. The position shall be in the same class, or if in a different class
shall have been determined by the Director of Personnel to be
appropriate for transfer on. the basis of minimum qualifications and
qualifying procedure;
B. the employee shall have permanent status in the merit system and
shall be in good standing;
45
C. the appointing authority or authorities involved in the transaction
shall have indicated their agreement in writing;
D. the employee concerned shall have indicated agreement to the change
in writing;
E. the Director of Personnel shall have approved the change. Notwith-
standing the foregoing, transfer may also be accomplished through
the regular appointment procedure provided that the individual
desiring transfer has eligibility on a list for a class for which
appointment is being considered.
20.2 With the approval of the appropriate appointing authority/authorities
and the consent of the employee, the Director of Personnel may transfer an
employee from one job classification to another job classification without
examination under the following conditions:
a. the duties and responsibilities of the position from which
the employee is being transferred are within the
occupational area or directly associated with the duties
and responsibilities of the position to which the employee
is being transferred.
b. the employee must possess the minimum qualifications for
the job classification to which the employee is being
transferred.
c. - the employee must serve the probationary period required
for the classification into which the employee is being
transferred.
d. an employee rejected during the probationary period or who
resigns during the probationary period for other than
disciplinary reasons shall have the right at that time to
be restored to a position in the classification in the
department from which the employee was transferred.
The Personnel Director, upon request, will provide written justification for
invoking this section.
This regulation expires one year from the signing of this Memorandum of
Understanding unless extended by mutual agreement.
20.3 Any employee or appointing authority who desires to initiate a
transfer may inform the Director of Personnel in writing of such desire stating
the reasons therefore. The Director of Personnel shall , if he or she considers
that the reasons are adequate and that the transfer will be for the good of the
County service and the parties involved, inform the appointing authority or
authorities concerned and the employee of the proposal and may take the
initiative in accomplishing the transfer.
46
Section 21 - Resignations
An employee's voluntary termination of service is a resignation. Written
resignations shall be forwarded to the Personnel 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 Personnel Department and shall
indicate the effective date of termination.
21.1 Resignation in Good Standing.* A resignation giving the appointing
authority written notice at least two (2) weeks in advance of the last date of
service (unless the appointing authority requires a longer period, up to four
(4) weeks, for a specific reason, or consents to the employee's terminating on
shorter notice) is a resignation in good standing.
i
21.2 Constructive Resignation. A constructive resignation occurs and is
effective when:
1 A. An employee has been absent from duty for five (5) consecutive
working days without leave; and
B. five (5) more. consecutive working days have elapsed without
response by the employee after the mailing of a notice of
resignation by the appointing authority to the employee at the
employee' s last known address.
• 21.3 Effective Resignation. A resignation is effective when delivered or
spoken to the appointing authority, operative either on that date or another
date specified.
21.4 Revocation. A resignation that is effective is revocable only by
written concurrence of the employee and the appointing authority, except that an
oral resignation rescinded in writing by the end of the workday following the
oral resignation will be accepted by the appointing authority.
21.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been
coerced by the appointing authority may be revoked within seven (7)
calendar days after its expression, by serving written notice on
the Director of Personnel and a copy on the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it
shall be revoked and the employee returned to duty effective on the
day following the appointing authority's acknowledgement 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
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employee may file a written election with the Director of Personnel
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 Memorandum of Understanding
beginning with Step C.
D. Disposition. If a final decision is rendered that determines that
the resignation was coerced, the resignation shall be deemed
revoked and the employee returned to duty effective on the day
following the decision but without loss of seniority or pay,
subject to the employee's duty to mitigate damages.
Section 22 - Dismissal , Suspension and Demotion
22.1 The appointing authority may dismiss, suspend or demote any employee
for cause. 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:
1. absence without leave,
2. conviction of any criminal act involving moral turpitude,
3. conduct tending to bring the merit system into disrepute,
4. disorderly conduct,
5. incompetence or. inefficiency,
6. insubordination,
7. 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,
8. neglect of duty, i .e. non-performance of assigned responsibilities
9. negligent or willful damage to public property or waste of public
supplies or equipment,
10. violation of any lawful or reasonable regulation or order given by
a supervisor or Department Head,
11. willful violation of any of the provisions of the merit system
ordinance or Personnel Management Regulations,
12. material and intentional misrepresentation or concealment of any
fact in connection with obtaining employment,
13. misappropriation of County funds or property,
14. unreasonable failure or refusal to undergo any physical , medical
and/or psychiatric exam and/or treatment authorized by this
Memorandum of Understanding,
15. dishonesty or theft,
16. excessive or unexcused absenteeism and/or tardiness.
17. 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. Notice of Proposed Action (Skelly Notice).
Before taking a disciplinary action to dismiss, suspend for more than five (5)
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work days, or demote an employee, the appointing authority shall. cause to be
served, either personally or by certified mail , on the employee, a Notice of
Proposed Action, which shall contain the foTlowing:
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
d respond to the appointing authority either orally or in writing.
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 any extension, the right to respond is lost.
22.3 Leave Pending Employee Response. Pending response to a Notice of
Proposed Action within the first seven 7) days, the appointing authority for
cause- specified in writing may place the employee on temporary leave of absence,
with pay.
22.4 Suspensions without pay shall not exceed thirty (30) days unless
ordered by an arbitrator, an adjustment board or the Merit Board. The thirty
(30) day limit does not apply to suspension due to pending criminal charges as
provided in 22.5 below.
22.5 Notice of Suspension Without Pay Due to Pending Criminal Charges,
Before suspending an employee due to pending criminal charges, the appointing
authority shall cause to be served either personally or by certified mail , on
the employee, a Notice of Suspension Due_ to Pending Criminal Charges, which
shall contain the following:
A. A statement that the employee is suspended while criminal charges
are pending or until the charges are dismissed.
B. A statement of the charges upon which the suspension is based and
of the facts by which such charges adversely affect the County
service or conflict with continued employment.
Co A statement that the employee may respond to the appointing
authority 'either orally. or in writing within seven (7) calendar
days.
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D. A statement that disciplinary action may be taken after disposition
of the charges.
E. The Notice of Suspension Due to Pending Criminal Charges may
include a Notice of Proposed Action (Skelly Notice) under Section
22.2.
F. An appointing authority, upon giving notice as provided in this
Section 22, may immediately suspend without pay an employee against
whom there is pending a criminal charge which adversely affects the
County service or conflicts with continued employment. Pending
criminal charges exist when an employee has been arrested or has
been named a defendant in a criminal complaint or indictement filed
in any court.
G. The Personnel Director may order lost pay restored for good cause,
and subject to the employee's duty to mitigate damages, but not if
the employee 1) is given a Notice of Proposed Action (Skelly
Notice) and 2) is dismissed or otherwise disciplined for cause
directly related to the charges within fourteen (14) calendar days
after the appointing authority has knowledge of final disposition
of the charges.
22.6 Procedure on Dismissal , Suspension or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or demote an
employee having permanent status in a position in the merit system,
after having complied with the Provisions of Section 22.2, where
applicable, the appointing authority shall make an order in writing
stating specifically the causes for the action.
B. Service of Order. Said order of dismissal , suspension, or demotion
shall be filed with the Director of Personnel , showing by whom and
the date a copy was served upon the employee to be dismissed,
suspended 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 or demotion either to the Merit Board or
through the procedures of Section 23 - Grievance Procedure of this
Memorandum of Understanding provided that such appeal is filed in
writing with the Personnel Director within ten (10) calendar days
after service of said order. An employee may not both appeal to
the Merit Board and file a grievance under Section 23 of this
Memorandum of Understanding.
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Section 23 - Grievance Procedure
23.1 A grievance is any dispute which involves the interpretation or
application of any provision of this Memorandum of Understanding excluding,
however, those provisions of this Memorandum of Understanding which specifically
provide that the decision of any County official shall be final , the interpre-
tation or application of those provisions not being subject to the grievance
procedure. The Union may represent the employee at any state of the process.
Grievances must be filed within thirty (30) days of the incident or occurance
about which the employee claims to have a grievance and shall be processed in
the following manner:
A. Step 1. Any employee who believes that a provision of this
Memorandum of Understanding has been misinterpreted or misapplied
to his or her detriment shall discuss the complaint with the
employees immediate supervisor, who shall meet with the employee
within five (5) days of receipt of a written request to hold such
meeting. If the issue is not resolved, the procedures hereinafter
may be invoked.
B. Step 2. If a grievance is not satisfactorily resolved in Step 1
above, the employee may submit the grievance in writing within ten
(10) work days to such management official as the Department Head
may designate. This formal written grievance shall state which
provision of the Memorandum of Understanding has been
misinterpreted or misapplied how misapplication or
misinterpretation has affected him or her to his or her detriment,
and the redress he or she seeks. A copy of each written
communication on a grievance shall be filed with the Director of
Personnel . The Department Head or his or her designee shall have
fifteen (15) work days in which to respond to the grievance in
writing.
C. Step 3. If a grievance is not satisfactorily resolved in Step 2
above, the employee may appeal in writing within ten (10) work days
to the Personnel Director. The Personnel Director or his or her
designee shall have twenty (20) work days in which to investigate
the merit of the complaint and to meet with the Department Head and
the employee and attempt to settle the grievance and respond in
writing.
D. Step 4. No grievance may be processed under this Section which has
not first been filed and investigated in accordance with Step 3
above and filed within ten (10) work days of the written response
of the Personnel Director or his/her designee. If the parties are
unable to reach a mutually satisfactory accord on any grievance
which arises and is presented during the term of this Memorandum of
Understanding, such grievance shall be submitted in writing to an
Adjustment Board comprised of three (3) Union representatives, no
more than two (2) of whom shall be either an employee of the County
or an elected or appointed official of the Union presenting this
grievance, and three (3) representatives of the County, no more
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than two (2) of whom shall be either an employee of the County or a
member of the staff of an organization employed to represent the
County in the meeting and conferring process. The Adjustment Board
shall meet within twenty (20) work days of receipt of the written
request and render a decision.
E. Arbitration. If an Adjustment Board is unable to arrive at a
majority decision, either the employee or the County may require
that the grievance be referred to an impartial arbitrator who shall
be designated by mutual agreement between the employee and the
Personnel Director. Such request shall be submitted within twenty
(20) work days of the rendering of the Adjustment Board decision.
The fees and expenses of the arbitrator and of the Court Reporter
shall be shared equally by the employee and the County. Each
party, however, shall bear the costs of its own presentation,
including preparation and post hearing briefs, if any.
F. The following arbitrators have been agreed to:
Barbara Chvany
Adolph Koven
Jack Griffith
Emily Malone
Robert Burns
23.2 Scope of Adjustment Board and Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators on matters properly
before them shall be final and binding on the parties hereto, to
the extent permitted by law.
B. No adjustment Board and no arbitrator shall entertain, hear, decide
or make recommendations on any dispute unless such dispute involves
a position in a unit represented by the Union which has been
certified as the recognized employee organization for such unit and
unless such dispute falls within the definition of a grievance as
set forth in Subsection 23.1 above.
C. Proposals to add to or change this Memorandum of Understanding or
to change written agreements supplementary hereto shall not be
arbitrable and no proposal to modify, amend, or terminate this
Memorandum of Understanding, nor any matter or subject arising out
of or in connection with such proposals, may be referred to
arbitration under this Section. Neither any Adjustment Board nor
any arbitrator shall have the power to amend or modify this
Memorandum of Understanding or written agreements supplementary
hereto or to establish any new terms or conditions of employment.
D. If the Personnel Director in pursuance of the procedures outlined
in Subsection 23.1 (C) above, or the Adjustment Board in pursuance
of the provisions of Subsection 23.1 (D) above resolve a grievance
which involves suspension or discharge, they may agree to payment
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for lost time or to reinstatement with or without payment for lost
time.
E. If any award by an Adjustment Board of arbitrator requires action
by the Board of Supervisors or the Merit Board before it can be
placed in effect, the County Administrator and the Personnel
Director will recommend to the Board of Supervisors or the Merit
Board, as appropriate, that it follow such award.
23.3 The time limits specified above may be waived by mutual agreement of
the parties to the grievance. If the County fails to meet the time limits
specified in _Steps 1 through 3 above, the grievance will automatically move to
the next step. If an employee fails to meet the time limits specified in Steps 1
through 5 above, the grievance will be deemed to have been settled and withdrawn.
23.4 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Personnel
Director. Only complaints which allege that employees are not being compensated
in accordance with the provisions of this Memorandum of Understanding shall be
considered as grievances. Any other matters . of compensation are to be resolved
in the meeting and conferring process, if not detailed in the Memorandum of
Understanding which results from such meeting and conferring process shall be
deemed withdrawn until the meeting and conferring process is next opened for such
discussion. No adjustment shall be retroactive for more than six (6) months from
the date upon which the complaint was filed.
No change in this Memorandum of Understanding or interpretations thereof (except
interpretations resulting from Adjustment Board or arbitration proceedings
hereunder) will be recognized unless agreed to by the County and the Union.
23.5 No Strike. During the term of this Memorandum of Understanding, the
Union, its members and representatives, agree that it and they will not engage
in, authorize, sanction, or support any strike, slowdown, stoppage of work,
sickout, or refuse to perform customary duties.
In the case of a legally declared lawful strike against a private or public
sector employer which has been sanctioned and approved by the labor body or
council having jurisdiction, an employee who is in danger of physical harm shall
not be required to cross the picket line, provided the employee advises his or
her supervisor as soon as possible, and provided further that an employee may be
required to cross a picket line where the performance of his or her duties is of
an emergency nature and/or failure to perform such duties might cause or
: aggravate a danger to public health or safety.
23.6 Merit Board.
A. All grievances of employees in representation units represented by
the Union shall be processed under Section 23 unless the employee
elects to apply to the Merit Board on matters within its
jurisdiction.
B. No action under Paragraph C, D and E of Subsection 23.1 above shall
be taken if action on the complaint or grievance has been taken by
53
the Merit Board, or if the complaint or grievance is pending before
the Merit Board.
23.7 The Union 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 Memorandum of Understanding.
Section 24 - Bilingual Provisions
24.1 A salary differential of fifty dollars ($50) per month shall be paid
incumbents of positions requiring bilingual proficiency as designated by the
appointing authority and Director of Personnel . Said differential shall be
prorated for employees working less than full time and/or who are on an unpaid
leave of absence for a portion of any given month. Designation of positions for
which bilingual proficiency is required is the sole prerogative of the County.
24.2 The County will write a memo to the Case Date System Committee
' indicating that they are willing to support and pursue implementation of Spanish
automated notices of action.
Section 25 - Retirement Contribution
Pursuant to Government Code Section 31581.1, the County will continue to pay
fifty (50) percent of the retirement contributions normally required of
employees. Such payments shall continue for the duration of this Memorandum of
Understanding, and shall terminate thereafter. Employees shall be responsible
for payment of the employees' contribution for the retirement cost of living
program as determined by the Board of Retirement of the Contra Costa County
Employees' Retirement Association without the County paying any part of the
employees share. The County will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
Section 26 - Training Reimbursement
The County Administrative Bulletin on Training shall govern reimbursement for
training and shall continue to limit reimbursement for career development
training to two hundred dollars ($200) per semester or one hundred fifty dollars
($150) per quarter, not to exceed six hundred dollars ($600) per year.
Those employees entering the Social Casework Assistant classification by the
substitution pattern in the minimum qualifications shall be entitled to direct
benefit tuition reimbursement under the County training reimbursement policy.
Such employees requesting a leave of absence or permanent part-time positions
for the purpose of completing a bachelor's degree shall be given priority
consideration by the Department.
Section 27 - Mileage
For such expenses of authorized travel necessarily done by private automobile
employees shall be allowed twenty-two cents (22f) per mile up through four
hundred (400) miles per month, and sixteen cents (16¢) for over four hundred
(400) miles per month.
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The above rates shall be adjusted to reflect an increase or decrease in the cost
of gasoline which shall be determined as provided below on the basis of the
average price for "gasoline, all types" per gallon as listed in Table 5,
"Gasoline average prices per gallon, U.S. city average and selected areas" for
the San Francisco-Oakland, California area published by the Bureau of Labor
Statistics, U.S. Department of Labor, hereinafter referred to as the "Energx
Report".
The above mileage rates shall be increased or decreased by one cent (1¢) for
each fifteen cents (15Q) increase or decrease in the base price for gasoline
which shall be defined as the average price of gasoline per gallon for July,
1979 as published in the Energy Report. Any such rate increase or decrease
shall be effective the first of the month following publication of the index.
The above formula rates include price increases reported since July, 1979.
The mileage rate increase or decrease based on the Energy Report shall be
contingent upon the continued availability of the official monthly Energy Report
in its present form and calculated on the same basis unless otherwise agreed
upon by the parties.
The County Administrator shall promulgate regulations covering these matters and
the submission of account claims to the Auditor-Controller.
Section 28 - Respite Leave Without Pay
All employees represented by Local 535 shall be granted ten (10) days respite
leave without pay per fiscal year. Such leave shall be taken in increments of
one (1) full day (eight (8) hours) and shall be requested in writing.
Conflicting requests for respite leave shall be resolved- by the Department Head
or designee with preference given to employees according to their seniority in
the department, as reasonably as possible. Any balance in the ten (10) days
respite leave which remains at the end of the fiscal year shall not be carried
over into the next fiscal year.
Section 29 - Mental Health Screening Differential
Employees represented by Social Services Union, Local 535 who work in the Mental
Health Screening Unit of County Medical Services shall receive a differential
per hour worked at a premium of five (5) percent of the hourly equivalent of the
base rate; provided, however, that in the event the conditions in Mental Health
Screening are improved so that hazardous conditions no longer exist, such
differential will no longer be applicable.
Section 30 - Conservatorship Differential
The County agrees that any employee in a classification represented by Local 535
who is assigned to a position, the work function of which is in the
Conservatorship Program of the Social Service Department, and the work
assignment of which requires direct personal working contact on a regular daily
basis with court-remanded clientele of the Conservatorship Program, as specified
in Division 5, Part I , Chapter 3 of the Welfare & Institutions Code, shall
receive a differential per hour worked at a premium of five (5) percent of the
55
hourly equivalent of the base rate_ while in pay status including paid vacation,
paid sick leave, and paid holidays.
Section 31 - Notice of New Employees
The County agrees to periodical.ly mail to Social Services Union, Local 535 a
list of names, classifications, and the designation of permanent employment .
category of new employees appointed to classifications represented by Local 535.
Said periodic list will be mailed within the first five (5) working days of
every month.
Section 32 - Personnel Actions
32.1 Personnel Files.
A. Inspection. Each employee, or an employee's representative so
designated by written authorization of the employee, shall have the
right to inspect and review the employee's personnel file upon
request at reasonable times and for reasonable periods during the
regular business hours of the County.
B. Documentation in the personnel file relating to the investigation
of a possible criminal offense, medical records and information or
letters of reference shall be specifically excluded from such
inspection and review.
C. Preemployment reference material shall be removed from the
personnel file after one (1) year of continuous employment with the
County.
D. Medical records may be released to qualified medical authorities
upon execution of a written release by the employee and with the
concurrence of the County' s medical authorities.
E. An employee may request copies of other material contained in the
personnel file.
F. The employee shall bear the cost of the reproduction of copies.
G. The County shall afford the employee the opportunity to respond in
writing to any information contained in their personnel file. Such
response shall be included in the employee's personnel file.
H. The Department shall maintain only one official personnel file.
32.2 Counselling.
A. Whenever an employee' s job performance and/or conduct becomes less
than satisfactory, counselling shall be provided by the employee's
first level supervisor. Such counselling shall specifically state
the unsatisfactory nature of the employee's performance and/or
conduct and specific ways in which the employee can bring such
performance and/or conduct up to the satisfactory level .
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B. Said counselling shall be provided as soon as possible after the
occurrence of the less than satisfactory performance and/or
conduct. No adverse action shall be taken by the County against
any employee unless such counselling has been provided and time for
improvement has been given.
C. The employee' s first level supervisor shall prepare written
documentation of such counselling and provide a copy of the
documentation to the employee.
D. The foregoing shall not apply to probationary employees or in those
cases where immediate disciplinary action is necessary.
E. If, after such a counselling session has occurred between a
t supervisor and employee, the employee requests of the Department
Personnel Officer a meeting with a Steward/Officer of the union and
Department representatives, such a meeting shall be held.
32.3 Copies.
A. The County shall provide the employee with copies of all
performance evaluation reports and letters of reprimand or warning
or other negative material prior to the placement of such documents
in the employee' s departmental personnel file.
B. Upon written request of the employee, copies of letters of
reprimand or warning shall be sent to the Union.
32.4 Performance Evaluation
The purpose of a performance evaluation for an employee is to measure
the employee' s performance against the job specifications and
performance requirements of the position that the incumbent is filling.
It answers the questions of how well an employee is doing in meeting
the department's performance standards for this job. It satisfies a
basic requirement for the employee to know where she/he stands with the
organization in regard to his/her performance. It delineates areas of
strengths and weaknesses. Where performance is below standard, it
suggests possible ways of making improvement.
During the probationary period, the performance evaluation is used as
the last phase of an individual 's examination process. Probationary
employees receive a preliminary evaluation at the end of three months,
and a final evaluation after their fifth month of probation. An
overall rating of STANDARD must be received on the final probationary
evaluation in order for the employee to achieve permanent status.
Once an employee achieves permanent status, the employee's performance
is evaluated at least once a year. Additional evaluations may be made
between these required evaluations as necessary. Evaluations will also
be made when an employee or supervisor terminates, or when an employee
or supervisor is reassigned to another unit and more than three months
have elapsed since the last written evaluation.
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In the event a permanent employee receives an overall rating of BELOW
STANDARD, such employee must .be reevaluated within three months
following the date of the report. If the employee shows no significant
improvement at the end of this period, a recommendation for demotion or
dismissal will be made. However, if at the end of three months, there
has been improvement but the employee' s performance is still not at a
STANDARD level , the employee may be given two additional three-month
periods to meet the standards if the supervisor agrees those standards
will be reached during this period.
The work performance of each employee is to be rated on all of the
rating factors on the appropriate form. Each of these factors has been
found to be of critical importance in determining successful job
performance for employees.
Individual rating factors and overall ratings of BELOW STANDARD must be
Substantiated in the Comments section, as well as suggestions or plans
for improved performance in those areas.
If some significant aspect of performance is above the level indicated
by the factor rating, this may be pointed out by a statement in the
Comments section to the employee.
The Rater will discuss the report with the employee and provide the
employee with a copy at that time if the employee wishes to discuss the
report with the Reviewer. In signing the report, the employee is
merely acknowledging having seen the report; it does not indicate
agreement.
DEFINITIONS OF RATINGS
A factor rating of STANDARD means that this part of the employee's work
performance is consistently up to the level expected of a competent
worker in the position.
A factor rating of BELOW STANDARD means that this part of the
employee' s work performance is frequently below the level of a
competent worker in the positin and that effort should be made to
!. improve. An overall rating of BELOW STANDARD means the employee's work
k performance is inadequate and may result in the loss or delay of the
salary increment, demotion, dismissal , or rejection on probation.
I
APPEAL PROCEDURE
If an employee believes his/her rating is improper, she/he should
discuss it with the Rater. If still not satisfied, the employee should
sign the report and place an "X" in the space provided by his/her
signature to indicate he/she wishes to discuss the report with the
Reviewer (the Social Service Program Manager or the Social Work
Supervisor III). Within five calendar days after being given a copy of
the Report of Performance Evaluation, an employee who wishes
consideration in addition to the Rater's evaluation should prepare a
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written statement to the Reviewer as follows: 1) Identify the report
by stating the date of the report, the name of the Rater, and the date
the report was received; 2) Specify the ratings or comments which
he/she believes are incorrect and should be changed; 3) Give facts
substantiating the requested changes to these ratings or comments; 4)
Keep a copy of the written request and send the original to the
Reviewer. Upon receiving the written statement, the Reviewer will have
five calendar days to meet with the employee to consider the employee's
comments and to respond in writing. The Reviewer's response shall be
given to the employee. A copy of the Reviewer's response along with
the employee' s written, statement shall be attached to the Report of
Performance Evaluation. Failure to allow the foregoing procedure is
subject to the grievance procedure. However, disputes over the actual
content or ratings themselves in individual evaluations are not
grievable.
Section 33 - Safety Program
Health and safety standards shall be maintained in all County facilities to a
maximum degree consistent with the conduct of efficient operations.
The Social Service Department shall operate a department-wide employee health
and safety program. This program shall consist of:
1. A central department Safety Committee comprised . of one (1) member
appointed by Local 535 from each major building location, one (1)
management employee who shall be the Building Manager for that
location and other employee organization representatives, and the
Department Personnel Officer, or designee. The Department
Personnel Officer, or designee, will serve as chairperson. The
committee shall meet every other month.
2. All Committee members will receive training on a) accident/injury
reporting procedures, b) accident/injury investigation and
prevention, c) safety awareness, and d) procedures by which safety
concerns are handled.
3. The committee shall consider items and information raised by its
members related to the department's health and safety program.
Committee recommendations shall be reported to and reviewed by the
Department Head who shall respond in writing to all
recommendations.
Section 34 - Flexible Staffing
34.1 Certain positions may be designated by the Personnel Director 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/she may
then be promoted to the next higher classification within the job series without
need of a classification study.
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The following job classifications are flexibly staffed:
Eligibility Worker I to Eligibility Worker II
Social Casework Specialist I to Social Casework Specialist II
Open examinations at either level in the above mentioned classifications shall
be administered upon . the request of the Department Head and approval of the
Director of Personnel .
34.2 Continuous Testing for Flexibly Staffed Classes. Employees in a
flexible staffe job series which have been determined by the Director of
Personnel as appropriate for continuous testing may apply for promotion to the
next higher classification level as follows:
Applicants must file the regular Personnel Department Application for
jExamination Form and where applicable, the appropriate supplemental
questionnaire with the Personnel Department. The first Friday in each month is
the filing deadline for any candidate who meets the minimum qualifications at
any time during that month. The names of accepted applicants will be placed on
the eligible list by the first working day of the following month. Employees
who file applications must notify their supervisor and their departmental
personnel officer. Nothing contained in this section shall be construed as
making a promotion automatic or automatically effective on the first of the
month following the filing of an application. It is the responsibility of the
Department that wishes to promote employees in flexibly staffed positions to
submit a personnel request (certification request) prior to the first day of the
month in which they wish to promote the employee. Personnel requests for
promotion of employees to become effective on the first of the month must be in
the Personnel Department by the last working day of the prior month. It is the
employees responsibility to submit applications for promotion sufficiently in
advance to assure receipt in the Personnel Office by the first Friday of the
month in which they become eligible for promotion.
If an error occurs in the Personnel Department which causes a delay in the
processing of an application, said error shall be corrected and the employee
shall be placed on the eligible list retroactively to the first of the month
following his/her eligibility.
If an operating department verifies in writing the intent to promote an employee
on the first of the month following eligibility, said appointment shall be made
± retroactive to the first of the month following his/her eligibility.
Section 35 - Career Ladder
The County agrees to the concept of a career ladder which will enhance the
opportunities for employees to attain positions in other classification series.
For this purpose, the following classes are considered to be those classes
representing such promotional opportunities: Eligibility Work Specialist,
Social Service Program Assistant, Social Casework Assistant.
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Section 36 - Staffing Allocations and Workload Distribution
36.1 The Social Service Department shall review on a quarterly basis the
amount and nature of work in its operating units and shall initiate
reassignments of employees, necessary to proportion and more closely balance the
number of available employees in each classification with the anticipated amount
and nature of work in operating units throughout the Department.
36.2 There shall be a meeting between the Social Service Department and the
Union every month to review and discuss the existing amount and nature of work
in services programs and in categorical aid programs. If this review shows an
imbalance exists in operating units, the procedures in Section 37 - Reassignment
shall be implemented.
36.3 Participants in the meeting on staffing allocations and workload
distribution shall include the Director andd his representatives, the Union
Officials designated in Section 4.3 and other persons deemed necessary for
informational purposes.
36.4 The parties shall discuss streamlining work and standardizing
procedures and shall consider information regarding new procedures, forms, job
expectations, and other factors or changes in procedures which may impact on
workloads.
36.5 Summary minutes shall be kept for each committee meeting and shall be
distributed to all committee members prior to the next meeting.
Section 37 - Staffing Allocations & Reassignments
On the basis of the quarterly staffing/workload distribution review, per Section
36, the Department shall initiate reassignments of staff.
The following procedure shall be used:
1. Internal moves within the building shall be made at the
discretion of the Division Head within 5 days following
publication of staff allocations for the quarter.
' 2. Authorized staffing levels shall be determined on a
quarterly basis. Each quarter, vacant authorized
positions in buildings shall be alternately bid to the
appropriate classs in all offices for a three-day period
or certed from the appropriate Eligible List.
3. Employees responding to bids shall complete Department
Reassignment Request Forms and submit these to the
Department Personnel Unit. Such Reassignment Request
Forms must be received by 5:00 p.m. on the day the bid
closes for the employee to be considered in determining
the five (5) most senior employees in the class.
4. If the Department is at authorized staffing and there are
61
no responses to the posted bid notice, the least senior
employee within the class, within the building having
staff overage(s) of at least one (1) FTE shall be
reassigned within two weeks of the clsing of the bid. If
the Department is .below the authorized staffing level and
there are no responses to the posted bid notice, the
Department will cert from the appropriate Eligible List.
5. Authorized vacancies resulting from the bid process shall
automatically be certed from an appropriate eligible list.
6. Authorized vacancies occurring during the quarter shall be
handled in accordance with Steps 1, 2, 3, 4, and 5, above.
7. Persons involuntarily reassigned shall be given the
opportunity to return to their former building when the
first vacancy occurs in the building from which the
employee was involuntarily transferred provided however,
if an employee voluntarily transfers after such
involuntary transfer that employee shall loose such such
reversionary rights.
8. Positions flagged as needing a language skill or special
qualifications shall be identified on bids. Only
employees having such skill or meeting such qualifications
shall be . accepted for bid intervies or for mandatory
reassignments as provided in this section.
9. Specially funded assignments or assignments of limited
duration shall not be subject to procedures in this
Section.
10. Reassignments shall not be used as a replacement for
discipline. Employees on probation or in an Improvement
Needed Review status shall not be reassigned. An employee
who is reassigned out-of-seniority-order shall be offered
the first vacancy to be filled in the class and building
from which the employee was mandatorily reassigned. At
the next quarterly staffing review an employee mandatorily
reassigned out-of-seniority-order shall be given first
opportunity for reassignment as provided in 37.2 or 38.3
whichever is applicable; or if no staffing imbalances
exist, the most senior employee shall be offered the
opportunity to exchange positions provided the least
senior employee is no longer on probation or Improvement
Needed Review status.
11. In each classification, series seniority for reassignment
purposes shall be determined by date of hire into that
series as defined below:
Eligibility Series: Eligibility Worker I , Eligibility Worker II ,
Eligibility Work Specialist.
62
Social Work Series: Social Program Assistant, Social Worker II ,
Social Worker III , Vocational Counselor (classes which have been
abandoned but were a part of the Social Worker or Vocational
Counselor series shall be included for the purpose of determining
series seniority).
Casework Specialist Series: Social Casework Assistant, Social
Casework Specialist I , Social Casework Specialist II.
Section 38 - Reimbursement for Meal Expenses
Employees shall be reimbursed for meal expenses under the following
circumstances and in the amount specified:
f 1. When the employee is required by his/her Department Head to attend
a meeting concerning County business or County affairs.
2. 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.
3. When the employee is required to stay over to attend consecutive or
continuing afternoon and night sessions of a board or commission.
4. 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.
5. When the employee is required to work three or more hours of
overtime; in this case he or she may be reimbursed in accordance
with 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.
Procedures and definitions relative to reimbursement for meal expenses shall be
in accordance with the Administrative Bulletin on Expense Reimbursement.
Section 39 - Personal Property Reimbursement
The loss or damage to personal property of employees is subject to reimbursement
under the following conditions:
1. The loss or damage must result from an event which is not normally
encountered or anticipated on the job and which is not subject to
the control of the employee.
2. Ordinary wear and tear of personal property used on the job is not
compensated.
3. Employee tools or equipment provided without the express approval
of the department head and automobiles are excluded from
reimbursement.
63
4. The loss or damage must have occurred in the line of duty.
5. The loss or damage was not a result of negligence or lack, of proper
care by the employee.
6. The personal property was necessarily worn or carried by the
employee in order to adequately fullfill the duties and
requirements of the job.
7. The loss or damage to employees eyeglasses, dentures, or other
prosthetic devices did not occur simultaneously with a job
connected injury covered by workers' compensation.
8. The amount of reimbursement shall be limited to the actual cost to
repair damages. Reimbursement for items damaged beyond repair
shall be limited to the actual value of the item at the time of
loss or damage but not more than the original cost.
9. The burden of proof of loss rests with the employee.
10. Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to
Personal Property.
Section 40 - Length of Service Definition (for service awards and vacation
accruals
The length of service credits of each employee of the County shall date from the
beginning , of the last period of continuous County employment (including
temporary, provisional , and permanent status, and absences on approved leave of
absence). When an employee separates from a permanent position in good standing
and within two 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
Personnel Director shall determine these matters based on the employee status
records in his/her department.
Section 41 - 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. Twenty Years and Longer Periods of Service. An award ceremony will
be scheduled before the Board of Supervisors each month.
1. The Personnel Department will make arrangements for the
presentation ceremony before the Board of Supervisors.
64
Each Department Head and employee scheduled for an award
will be notified as to the time and date of the ceremony.
2. Service awards will be supplied to the Department Head by
the Personnel Department staff prior to the ceremony.
3. When the employee does not appear for the ceremony the
award will be returned to the Personnel Department and the
employee will be contacted and it will be ascertained if
he/she desires to be rescheduled. In the event he or she
does not desire to attend a later ceremony, the Personnel
Department will forward the award directly to the
employee.
B. Ten and Fifteen Year Service Pin Awards.
1. The Personnel Department will notify the Department Head
when an employee has qualified to receive a ten or fifteen
Year service pin. The service award pin will be enclosed
with the notification.
2. The Personnel Department will notify each employee
eligible for an award that his/her Department Head is
making arrangements for the presentation of the award.
3. The award ceremony will be conducted at the department
level with the Department Head making the award. To give
the award ceremony meaning, it is suggested that the
department head present pins in his/her office or
conference room with immediate supervisors and fellow
workers in attendance.
4. After presenting the award, the Department Head will
notify the Personnel Department by returning to the
Personnel Department the names and dates of presentation.
5. The Personnel Department will record each award.
C. Service Award Day Off. Employees who appear for their fifteen year
or longer service award ceremony are entitled to take that day
off with pay.
Section 42 - Permanent Part-Time Employee Benefits
Permanent part-time employees receive prorated vacation and sick leave benefits.
They are eligible for health, dental and life insurance benefits at
corresponding premium rates providing they work at least fifty (50) percent of
full time. If the employee works at least fifty (50) percent of full time,
County retirement participation is also included.
Section 43 - Permanent Intermittent Employee Benefits
Permanent intermittent employees are eligible for prorated vacation and sick
leave benefits.
65
Section 44 - Permanent Intermittent Health Plan
A permanent intermittent employee may participate in the County Group Health
Plan Program wholly at the employee's expense. 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 45 - 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. Said provisional employees may participate in the County Group Health
Plan Program wholly at the employee's expense. 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 Program and reinstatement may only be effectuated during the annual
open enrollment period.
Section 46 - Indemnification and Defense of County Employees
The County shall defend and indemnify an employee against any claim or action
against the employee on account of an act or omission in the scope of the
employee' s employment with the County in accordance with, and subject to, the
provisions of California Government Code Sections 825 et seq and 995 et seq.
Section 47 - Modification and Decertification
For the duration of this Memorandum of Understanding the following amendments to
Board Resolution 81/1165 shall apply:
Section 34-12.008 - Unit Determination (a) shall be modified in the first
paragraph to delete the ten 10 percent requirement for an employee
organization intervening in the unit determination process and substitute
therefore a thirty (30) percent requirement.
' Section 34-12.013 - Election Procedure (b) shall be modified in the first
paragraph to delete the ten 10 percent requirement for any recognized employee
organization(s) to appear on the ballot and substitute therefore a thirty (30)
percent requirement.
i
Section 34-12.016 - Modification of Representation Units shall be modified in
the first sentence by adding words to the effect of "most recent" to the date of
determination. This section shall be modified in the second sentence to require
that petitions for modification of a representation unit be filed during a
period of not more than one hundred and fifty (150) days nor less than one
hundred and twenty (120) days prior to the expiration of the Memorandum of
Understanding in effect. The last sentence of this section shall be modified so
that modification of a representation unit shall not negate the term of an
existing Memorandum of Understanding between the County and the recognized
employee organization of the unit prior to the modification proceedings.
66
Section 34-12.018 - Decertification Procedure shall be modified in the first
sentence by adding words to the effect of "most recent" to the date of formal
recognition and by requiring the petition be submitted during a period of not
more than one hundred and fifty (150) days nor less than one hundred and twenty
(120) days prior to the expiration of the Memorandum of Understanding in effect.
Section 48 - Unfair Labor Practice
48.1 Either the County or the Union may file an unfair labor practice
against the other. Allegations of an unfair labor practice, if not resolved in
discussions between ..the parties, may be heard by a mutually agreed upon
impartial third party.
48.2 Unfair Labor Practice - County. It is an unfair labor practice for
the County to:
1. Interfere with, restrain or coerce employees in the exercise of the
rights recognized or granted in this division;
2. dominate or interfere with the formation of any employee
organization or interfere with selection of a majority
representative;
34 contribute financial support to any employee organization; or
4. refuse to meet and confer in good faith (with representatives of
formally organized employee organizations on matters within the
scope of representation), or to refuse to consult with informally
recognized employee organizations on matters within the scope of
representation.
48.3 Unfair Labor Practice - Union. It is an unfair labor practice for the
Union or their representatives or members to:
1. Interfere with, restrain or coerce employees in the exercise of the
rights recognized or granted in this division;
2. coerce, attempt to coerce or discipline any member of an
organization so as to hinder or impede the performance of his
duties;
3. discriminate against any employee with regard to the terms or
conditions of membership because of race, color, creed, sex or
national origin;
4. refuse to consult, or meet and confer in good faith, with
management representatives on matters within the scope of
representation; or
5. initiate, engage in, cause, instigate, encourage or condone a work
stoppage of any kind or other disruptive activities which are
detrimental to the conduct of county business and services.
67
Section 49 - Adoption
The provisions of this Memorandum of Understanding 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. I.t 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 50 - Scope of Agreement and Separability of Provision
50.1 Scope of Agreement. Except as otherwise specifically provided herein,
this Memorandum of Understanding fully and completely incorporates the
understanding of the parties hereto and constitues 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 Memorandum of Understanding demand any
change herein, provided that nothing herein shall prohibit the parties from
changing the terms of this Memorandum of Understanding by mutual agreement.
50.2 Separability of Provisions. Should -any section, clause or provision
of this Memorandum of Understanding 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 Memorandum of Understanding.
50.3 Personnel Management Regulations. Where a specific provision
contained in a section of this Memorandum of Understanding conflicts with a
specific provision contained in a section of the Personnel Management
Regulations, the provision of this Memorandum of Understanding shall prevail .
It is recognized, however, that certain provisions of the Personnel Management
Regulations may be supplementary to the provisions of this Memorandum of
Understanding and as such remain in full force and effect.
i
3
68
Date:
CONTRA COSTA COUNTY SOCIAL SERVI UNION, OCI 535
By -41 • By �
By l��h �L BY
By
By 19-4pj W... -- I -
BY
BY
By L
r
By
69
Attachment A
Social Services Union, Local 535 and the County have met and conferred in good
faith regarding wages, hours and other terms and conditions of employment for
employees in project classes which except for the project designation would be
represented by Social Services Union, Local 535. For example, Social Program
Planner I is represented by Social Services Union, Local 535, therefore, it has
been agreed that Social Program Planner I-Project will also be represented by
Social Services Union, Local 535.
Other project classes that are not readily identifiable as properly included in
bargaining units represented by Social Services Union, Local 535, shall be
assigned to bargaining units in accordance with the provisions of
Section 34-12.015 of Board Resolution No. 81/1165.
The Union and the County understand that the meet and confer process with
respect to the conditions of employment for project classifications is unique
and therefore differs from other regular classes represented by Social Services
Union, Local 535 in the following respects.
1. Project employees are not covered by the Merit System.
2. Project employees may be separated from service at any time without
regard to the provisions of this Memorandum of Understanding,
without right of appeal or hearing or recourse to the grievance
procedure specified herein.
3. Any provision of this Memorandum of Understanding which pertains to .
layoff or seniority are not applicable to project employees.
a
ATTACHMENT B
CLASS & SALARY LISTING
EFFECTIVE JULY 1 , 1985
SOCIAL SERVICES UNIT
CFO
4-5 CLASS LEVEL SALARY RANGE CLASS TITLE
2 5 X4VA C5 1541 2121-2578 *Clinical Social Worker
2 5 XHTB C5 1226 1548-1882 *Eligibility Work Specialist
2 5 XHWA C5 1037 1281-1558 *Eligibility Worker I
2 5 XHVA C5 1153 1439-1749 *Eligibility Worker II
2 5 XH72 C5 0870 1084-1318 *Eligibility Worker Trainee - Project
2 5 9KSB C5 1440 1917-2330 *Home Maintenance Trainer/Organizer
2 5 9KS2 C5 1440 1917-2330 *Home Maintenance Trainer/Organizer - Project
2 5 X4VB T2 0875 1396-1618 *Medical Social Worker
2 5 X4VB T2 0875 1659-2287 *Medical Social Worker
2 5 X4VB T2 0875 2344-2587 *Medical Social Worker
2 5 X4WA C5 1541 2121-2578 *Public Health Social Worker
2 5 X7S1 C5 1421 1881-2286 *Refugee Assistance Program Trainer - Project
2 5 XDVS C5 1421 1881-2286 *Social Casework Assistant
2 5 XOWB C5 1468 1972-2396 *Social Casework Specialist I
2 5 XOVB C5 1541 2121-2578 *Social Casework Specialist II
2 5 XTSC C5 1541 2121-2578 *Social Program Planner I
2 5 XTSB C5 1736 2577-3133 *Social Program Planner II
2 5 XOSA C5 1300 1667-2026 *Social Service Program Assistant
2 5 XOVC C5 1421 1881-2286 *Social Worker
2 5 XOWA C5 1153 1439-1749 *Social Worker I
2 5 XOVA C5 1300 1667-2026 *Social Worker II
2 5 XOTA C5 1421 1881-2286 *Social Worker III
2 5 XOT1 C5 1421 1881-2286 *Social Worker III - Project
2 5 X07A C5 1153 1439-1749 *Social Worker Trainee
2 5 X7WA C5 1421 1881-2286 *Vocational Counsellor
2 5 X77A C5 1153 1439-1749 *Vocational Counsellor Trainee
COMMUNITY SERVICES UNIT
4-5 CLASS LEVEL SALARY RANGE CLASS TITLE
2 D XDWB C5 927 1148-1395 *Childress' Services Aide
2 D XDWA C5 936 1158-1408 *Community Aide
2 D XDW2 C5 936 1158-1408 *Community Aide - Project
2 D XD7A C5 833 1045-1270 *Community Aide Trainee
2 D XD71 C5 833 1045-1270 *Community Aide Trainee - Project
2 D XDWI C5 1159 1448-1760 *Community Program Assistant - Project
2 D XDW3 C5 927 1148-1395 *Senior Citizen Aide - Project
2 D XDWC C5 0888 1104-1342 *Senior Programs Aide
2 D XDWD C5 0888 1104-1342 *Senior Service Aide
2 D XDVA C5 1037 1281-1553 *Social- Service Community hssistai;t
*Identified for Comparable Worth Adjustments described in Section 5.2
. Contra Personnel Department
Cos}� Third Floor, Administration Bldg.
l 651 Pine Street
Co' I Martinez, California 94553-1292
unty `� (415) 372.4064
Harry D. Cisterman
Director of Personnel
ATTACHMENT C
January 31, 1986
Mr. Jerry Fillingim
Field Representative
Social Services Union, Local 535
661 - 27th Street
Oakland, CA 94612
Dear Mr. Fillingim:
As you know on July 3, 1984, the Sacramento County Superior Court issued a deci-
sion in the County of Contra Costa, et al v. the State of California, finding,
among other things, that Section 3502.5 of the Government Code (Agency Shop) is
unconstitutional .
In consideration of the Agency Shop provisions contained in the July 1, 1985 -
June 30, 1987 Memorandum of Understanding between your organization and Contra
Costa County and Board of Supervisors approval of that memorandum of
understanding, it is hereby agreed that:
1. The County has sought "declaratory relief" in Action No.
262376 in the Superior Court of Contra Costa County to adju-
dicate the validity of the agency shop provisions, as to
which action the County shall bear its own attorney's fees
and costs, but not those of the Union.
2. In the event of a final judgment either in the Sacramento
County litigation or in a declaratory relief action that
Section 3502.5 of the Government Code is unconstitutional ,
the agency shop provisions shall henceforth no longer be
enforced, the Union shall refund to the County all agency
shop fees paid by non-members from July 1, 1985 forward,
together with all interest payable on such fees not exceeding
10% per annum, and the following Maintenance of Membership
-provisions shall come into effect for the Social Services
Unit:
ipmo
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
. -2-
2.2 Employees hired on or after October 1, 1981, in classifications
assigned to units represented by the Union shall , as a condition of employment,
complete a Union dues authorization card provided by the Union and shall have
deducted from their paychecks the membership dues of the Union. Said employees
shall have thirty (30) days from the date of hire to decide if he/she does not
want to become a member of the Union. Such decision not to become a member of
the Union must be made in writing to the Auditor-Controller with a copy to the
Employee Relations Division within said thirty (30) day period. If the employee
decides not to become a member of the Union, any Union dues previously deducted
from the employee's paycheck shall be returned to the employee and said amount
shall be deducted from the next dues deduction check sent to the Union. If the
employee does not notify the County in writing of the decision not to become a
member within the thirty (30) day period, he/she shall be deemed to have volun-
tarily agreed to pay the dues of the Union.
Each such dues authorization form referenced above shall include a statement
that the Union and the County have entered into a Memorandum of Understanding,
that the employee is required to authorize payroll deductions of Union 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.
2.3 Maintenance of Membership. All employees in units represented by the
Union who are currently paying dues to the Union and all employees in such units
who hereafter become members of the Union shall as a condition of continued
employment pay dues to the Union for the duration of this Memorandum of
Understanding and each year thereafter so long as the Union continues to repre-
sent the position to which the employee is assigned, unless the employee has
exercised the option to cease paying dues in accordance with Section 2.4.
2.4 Withdrawal of Membership. By notifying the Auditor-Controller's
Department in writing, between April 1, and April 30, 1987, any employee may
withdraw from Union membership and discontinue paying dues as of the payroll
period, commencing April 1, 1987, discontinuance of dues payments to then be
reflected in the May 10, 1987 paycheck. Immediately upon close of the above
mentioned thirty (30) day period the Auditor-Controller shall submit to the
Union a list of the employees who have rescinded their authorization for dues
deduction.
If the foregoing is in accordance with your understanding, please indicate
acceptance and approval in the appropriate space below.
Dated Very truly yours,
Contra Costa County
Approved & Accepted
Social S rvices io Loca X35 S.E.I.U. '
By: j'Z By: y� %n
Contra Personnel Department
Costa ,, Third Floor, Administration Bldg.
J ..r.
651 Pine Street
Colin} Martinez, California 94553-1292
lY (415) 372-4064
Harry D. Cisterman
Director of Personnel
ATTACHMENT D
February 3, 1986
Mr. Jerry Fillingim
Business Representative
Social Services Union, Local 535
661 - 27th Street
._ Oakland, CA 94612
Dear Mr. Fillingim:
This side letter addresses the intent of the County to implement the following
employee benefits for Contra Costa County employees:
A. Child Care
The County intends to implement a pre-tax child care
deduction plan for eligible employees as allowed by
the Internal Revenue Service.
B. Assessment Survey
A Child Care Needs Assessment Survey will be con-
ducted by the County in the Summer of 1986 and the
union will be contacted to provide recommendations
to the County regarding child care needs and solutions.
If the foregoing conforms with your understanding, please indicate your accep-
tance and approval in the space provided below.
i
i
9
Date
Social Services Union, Local 535 Contra Costa County
Ac
ipm0
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
Contra Personnel Department
Costa
Third Floor, Administration Bldg.
Jl 651 Pine Street
CoI I i Martinez, California 94553-1292
unty (415) 372-4064
Harry D. Cisterman
Director of Personnel
ATTACHMENT E
January 31, 1986
Peaslee, President
Social Services Union, Local 535
%Social Service Department
Dear Peaslee:
This side letter confirms agreement reached during the bargaining process on
minimum qualifications for Social Service Program Assistant, Social Worker and
Vocational Counselor.
The minimum requirements for these classes will be:
1. Social Service Program Assistant - First administration
only:
License Required: Valid California Motor Vehicle
Operator's License.
Experience: Six months fulltime experience as a Social
Worker Trainee or Social Worker in Contra Costa County.
Subsequent administrations:
License Required: Valid California Motor Vehicle
Operator's License.
Education: Completion of 60 semester units or 90 quarter
units at an accredited college or university which
included at least 12 semester or 18 quarter units in
Psychology, Sociology, Social Welfare, or a closely
related field.
Experience: Either 1) one year of fulltime experience or
its equivalent in a position in a California County with
responsibility for public assistance eligibility deter-
mination or the processing of documents relative to
either the placement of children or social service case
compliance; or 2) one year of fulltime experience or its
equivalent as an Eligibility Worker II or a Children's
Services Clerical Specialist with Contra Costa County.
Substitution: Additional qualifying experience may be
substitute for the required education on a year-for-year
basis up to a maximum of two years.
ipmel
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
f
2. Vocational Counselor
Minimum Qualifications: Valid California Motor Vehicle
Operator' s License.
Education: Possession of a baccalaureate degree from an
accredited college or university with a major in psycho-
logy, sociology, social welfare, vocational or rehabili-
tation counseling or a closely related field.
Experience: Either 1) One year of fulltime experience or
its equivalent in vocational counseling, job solicitation
or job placement, with responsibility for the evaluation
and adjustment of employment related problems of youth or
adults; or 2) one year of fulltime experience or its
equivalent as a Social Service Program Assistant with
Contra Costa County.
Substitution for Education: Additional qualifying
experience may be substituted for the required education
on a year-for-year basis up to a maximum of two years.
Substitution for Academic Major: Six months of addi-
tional qualifying experience may be substituted for the
required academic major.
3. Social Worker
Minimum Qualifications:
License: Valid California Motor Vehicle Operator's
License.
Education: Possession of a Baccalaureate Degree from an
accrued college or university with a major in psycho-
logy, .sociology, social welfare or a closely related
field.
Experience: Either 1) one year of fulltime experience or
its equivalent as a social worker in a human services
agency which included responsibility for case assessment,
development of treatment plans, liaison work with other
service agencies and/or problem resolution related to
case management functions; or 2) one year of fulltime
experience or its equivalent as a Social Service Program
Assistant with Contra Costa County.
Substitution for Education: Additional qualifying
experience or experience as an Eligibility Worker II or
as a Children's Services Clerical Specialist with Contra
Costa County or in an equivalent position in another
Human Services Agency may be substituted for the required
education on a year-for-year basis up to a maximum of two
years.
-3-
4. The Social Casework Specialist I exam shall be given as
both Open and Promotional . The Director of Personnel 's
authority under PMR 705 to determine a different order of
certification priority shall be used to alternately
appoint from the Open or the promotional list for Social
Casework Specialist I for those positions. the Social
Service Department determines to fill at the Social
Casework Specialist I level .
If the foregoing is in accordance with your understanding, please indicate your
acceptance and approval in the space provided below.
Date: ��(o
Social Service Union, Local 535 S.E.M. Contra Costa County
B By / `�
j
F CONTRA COSTA COUNTY, CALIFORNIA .
THE BOARD OF SUPERVISORS O ,
Adopted this Order on February 4 .1-98C , by the following vote:
AYES: Supervisors Fanden, Schroder , McPeak, Torlakson, Fanden
NOES: None .
ABSENT: None.
ABSTAIN: None.
SUBJECT:
In the Matter of Salary Adjustment for
Certain Social Service Management 86/ SC
Classifications
The. Board of Supervisors Resolves that:
A. Effective on the dates indicated salaries for the below .listed classifications
are adopted
1. Appeals and Complaints Specialist (X4SC)
1/1/86 C5-1442 1912-2335
7/1/86 C5-1500 2036-2474
1/1/87 C5-1530 2098-2550
2. Area Agency on Aging Staff Assistant I (XQWC)
f 1/1/86 C5-1451 1938-2356
7/1/86 C5-1509 2054-2497
1/1/87 C5-1539 2117-2573
3. Area Agency on Aging Staff Assistant II (XQVB)
1/1/86 C5-1622 2300-2795
7/1/86 C5-1680 2437-2962
1/1/87 C5-1710 2511-3052 `
4. Area Agency on Aging Staff Assistant III (XQTD)
1/1/86 C5-1766 2656-3228 # ,
7/1/86 C5-1824 2814-3421
1/1/87 C5-1854 2900-3525
5. Childrens Services Program Specialist (X4SE)
1/1/86 C5-1720 2536-3083
7/1/86 C5-1778 2688-3267
1/1/87 C5-1808 2768-3366
i
Orig. Dept.: Personnel Dept.
cc: County Administrator
County Counsel
Auditor-Controller '
gocie.l Sertrices
6. Neighborhood Service Center Supervisor (XQGH)
1/1/86 C5-1836 2848-3462
7/1/86 C5-1894 3018-3668
1/1/87 C5-1924 3110-3780
7. Program Coordinator-Area Agency on Aging (XQSE)
1/1/86 C5-1528 2093-2545
7/1/86 C5-1586 2218-2696
1/1/87 C5-1616 2286-2778
8. Social Program Specialist (X4SD)
1/1/86 C5-1622 2300-2795
7/1/86 C5-1680 2437-2962
1/1/87 C5-1710 2511-3052
9. Social Service Appeals Officer (X4SG)
1/1/86 C5-1622 2300-2795
7/1/86 C5-1680 2437-2962
1/1/87 C5-1710 2511-3052
10. Social Service Program Manager (XHDC)
1/1/86 C5-1836 2848-3462
7/1/86 C5-1894 3018-3668
1/1/87 C5-1924 3110-3780 310
11. Social Works Supervisor I (XOHB)
1/1/86 C5-1592 2232-2713
7/1/86 C5-1650 2365-2875
1/1/87 C5-1680 2437-2962
12. Social Works Supervisor II (XOHA)
1/1/86 C5-1708 2506-3046
7/1/86 C5-1766 2656-3228
1/1/87 C5-1796 2736-3326
. 13. Social Works Supervisor III (XOGB)
1/1/86 C5-1836 2848-3462
7/1/86 C5-1894 3018-3668
1/1/87 C5-1924 3110-3780
14. Staff Development Specialist (X4SB)
1/1/86 C5-1708 2506-3046
7/1/86 C5-1766 2656-3228
1/1/87 C5-1796 2736-3326
15. Vocational Services Supervisor I (X7HA)
1/1/86 C5-1592 2232-2713
7/1/86 C5-1650 2365-2875
1/1/87 C5-1680 2437-2962 thereby certify that thisisatrue and correct copyof
an action taken and entered on the minutes of the
16. Social Program Specialist-Project (X451) Board of Supervi rs o7/the date shown.
ATTESTED: - �U/
1/1/86. C5-1622 2300-2795 PHIL BATCHELOR, Cierk of the Board
7/1/86 C5-1680 2437-2962 of Supervisors and County Administrator
1/1/87 C5-1710 2511-3052
By
Deputy
RESOLUTION NO . 86/50