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Home My WebLink AboutMINUTES - 10232012 - SD.6RECOMMENDATION(S): ADOPT Tentative Agreement between Contra Costa County and the Contra Costa County Defenders' Association; ACKNOWLEDGE receipt of a report pursuant to Government Code Section 7507; and DIRECT the Assistant County Administrator, Director of Human Resources to incorporate the terms of the Tentative Agreement into a Memorandum of Understanding for adoption by the Board on November 6, 2012, implementing negotiated wage agreements and other economic terms and conditions of employment for the period beginning July 1, 2011 through June 30, 2015. FISCAL IMPACT: The Contra Costa County Defenders’ Association has a parity clause in their Memorandum of Understanding that ties attorney salaries to those of the Contra Costa County Deputy District Attorneys’ Association (DDAA). Due to this clause, the Board's implementation action of July 31, 2012 to reduce DDAA salaries by 5.24%, by operation of contract reduced Deputy Public Defenders’ salaries by a like amount. This action was estimated to achieve an annual savings of $551,000. Since that time, the County has negotiated an agreement with the Contra Costa County Defenders' Association, described below, that APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/23/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ted Cwiek, Human Resources Director (925) 335-1766 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 23, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, Auditor-Controller SD. 6 To:Board of Supervisors From:David Twa, County Administrator Date:October 23, 2012 Contra Costa County Subject:Tentative Agreement with Contra Costa County Defenders' Association FISCAL IMPACT: (CONT'D) increases savings in the current fiscal year and extends the net savings through June 30, 2015. Additionally, the County and Defenders' Association agreed to a permanent change to the pension benefit COLA for Defenders’ Association members who become members of the Contra Costa County Employees' Retirement Association after December 31, 2012. Savings associated with this action are described in the companion item to this agenda, subject: Government Code 7507 Compliance - Retirement Benefits - CCC Defenders’ Association. BACKGROUND: The Contra Costa County Defenders’ Association began bargaining with Contra Costa County on or about June 22, 2011. As a result of bargaining, the attached Tentative Agreement was reached including wage, health care, retirement, and other benefit changes. In summary, the significant changes are: Term The term of the Memorandum of Understanding (MOU) will be from July 1, 2011 to and including June 30, 2015. 1. Automated Timekeeping Definitions will be added to the MOU and the Days and Hours of Work and Holidays sections will be amended in order to facilitate automated timekeeping. 2. General Wages Salaries for the classifications of Deputy Public Defender I, II, III and IV, represented by the Association will be changed as follows: Effective 9/1/12 5.24% base rate of pay reduction Effective 11/1/12 1.57% base rate of pay increase (Reduction decreased from 5.24% to 3.75%) Effective 7/1/13 1.04% base rate of pay increase (Reduction decreased from 3.75% to 2.75%) Effective 1/1/14 1.5% base rate of pay increase Effective 7/1/14 2.0% base rate of pay increase 3. General Wages Salaries for the classifications of Public Defender (PD) Investigative Aide, PD Investigative Assistant, PD Investigator I and II, Senior PD Investigative Aide, and Deputy Public Defender – Special Assignment – Exempt, will be changed as follows: Effective 11/1/12 3.75% base rate of pay reduction Effective 7/1/13 1.04% base rate of pay increase (Reduction decreased from 3.75% to 2.75%) Effective 1/1/14 1.5% base rate of pay increase Effective 7/1/14 2.0% base rate of pay increase 4. Longevity Pay Effective 11/1/12, permanent, full-time and part-time employees who have completed twenty (20) years of Contra Costa County service will receive a two percent (2%) longevity differential. 5. Annual Administrative Leave Effective 1/1/13, Administrative Leave will be increased to a total of 94 hours per year. 6. Vacation Buy-Back Vacation Buy-Back is eliminated for employees hired on or after November 1, 2012. 7. Health, Life and Dental Care The Health, Life and Dental Care provision will be amended to conform to legislative and plan option changes. 8. Retirement Contribution Effective November 1, 2012, employees will pay 100% of the employees’ basic retirement benefit contribution. 9. Association Payment The Defenders’ Association agrees to pay the County $34,000, a sum equal to two (2) months of County subvention of employees’ share of retirement. 10. Retirement Employees who become members of the Contra Costa County Employees Retirement Association (CCCERA) after December 31, 2012, will be subject to terms of the California Public Employees Pension Reform Act of 2013 (PEPRA). For employees not subject to reciprocity, these terms include a pension formula of 2% at 62 years of age and a 3-year final compensation period. For all 11. employees who become members of CCCERA after December 31, 2012, there will be a 2% bankable COLA. [Note the savings associated with this action are described in the companion item to this agenda, subject: Government code 7507 Compliance - Retirement Benefits – CCC Defenders' Association]. Discretionary Steps The County agrees that, effective June 30, 2015, employees in the classification of Deputy Public Defender III will become eligible for the “Discretionary Steps” identified in Section 5.14 of the current MOU. 12. Public Relations Regulation Board (PERB)/Grievance The Association agrees to withdraw PERB Case No. SF-CE-831-M, as amended and PERB Case No. SF-CE-1000-M and provide the County with a copy of the notice to PERB withdrawing these cases. The Association also withdraws the grievance filed on September 19, 2012. 13. Outstanding Issues All other outstanding issues are withdrawn or otherwise resolved. 14. CONSEQUENCE OF NEGATIVE ACTION: Delayed implementation of Tentative Agreement. CHILDREN'S IMPACT STATEMENT: None. ATTACHMENTS Attachment - Tentative Agreement Page 1 of 42 Page 2 of 42 Page 3 of 42 Page 4 of 42 Page 5 of 42 Page 6 of 42 Page 7 of 42 Page 8 of 42 Page 9 of 42 Page 10 of 42 Page 11 of 42 Page 12 of 42 Page 13 of 42 Page 14 of 42 Page 15 of 42 Page 16 of 42 Page 17 of 42 Page 18 of 42 Page 19 of 42 Page 20 of 42 Page 21 of 42 Page 22 of 42 Page 23 of 42 Page 24 of 42 Page 25 of 42 Page 26 of 42 Page 27 of 42 Page 28 of 42 Page 29 of 42 Page 30 of 42 Page 31 of 42 Page 32 of 42 Page 33 of 42 Page 34 of 42 Page 35 of 42 Page 36 of 42 Page 37 of 42 Page 38 of 42 Page 39 of 42 Page 40 of 42 COUNTY MOD PROPOSAL NO. 3 PUBLIC DEFENDERS Section 5 - Salaries Presented on: October 18, 2012 Attachment I 5.14 Discretionary Steps. A. The Public Defender may grant a performance step(s) to incumbents in the class of Deputy Public Defender IV, subject to the following conditions: 1. Each performance step is equal to two and one-half percent (2½%) of the affected employee’s base salary rate in effect on December 31 preceding the effective date of the increase. 2. The Public Defender may award a maximum of two (2) merit steps to the same employee for the same calendar year. 3. The affected employee’s base salary rate must be at the top merit step of the salary range. 4. The award must be based on an annual evaluation of work performance. 5. The performance step(s) will be awarded effective January 1st of the applicable calendar year. 6. Each performance step shall remain in effect for twelve (12) months from the date performance pay is granted. The Public Defender may renew the step(s) award in increments of twelve (12) months at his or her discretion. 7. The Public Defender may rescind a performance step(s) effective the first of any month based on an evaluation of performance. B. The Public Defender shall provide to the Department staff by January 31st of each year the names of employees who have been awarded performance pay. C. Effective June 30, 2015, the Public Defender may grant a performance step(s) to employees in the classification of Deputy Public Defender III subject to the conditions desribed in Section 5.14A, above. Page 41 of 42 COUNTY MOD PROPOSAL NO. 3 PUBLIC DEFENDERS Section 5 - Salaries Presented on: October 18, 2012 Attachment I Date: Contra Costa County: Public Defenders: (Signature / Printed Name) (Signature / Printed Name) / / / / / / / / / / / / Page 42 of 42