HomeMy WebLinkAboutMINUTES - 11062012 - SD.6RECOMMENDATION(S):
ADOPT Resolution No. 2012/475 approving the Memorandum of Understanding between Contra Costa County and
Contra Costa County Defenders' Association, implementing negotiated wage agreements and other economic terms
and conditions of employment, for the period of 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 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.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/06/2012 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: November 6, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Robert Campbell, Auditor-Controller, Ted Cwiek, Human Resources Director
SD. 6
To:Board of Supervisors
From:David Twa, County Administrator
Date:November 6, 2012
Contra
Costa
County
Subject:Memorandum of Understanding with Contra Costa County Defenders' Association
FISCAL IMPACT: (CONT'D)
Savings associated with this action are described in the companion item to this agenda, subject: Government Code
7507 - Chief Executive Acknowledgement of Future Costs of Benefits - CCC Defenders’ Association.
BACKGROUND:
The Contra Costa County Defenders' Association began bargaining with Contra Costa County on or about June
22, 2011. A Tentative Agreement was reached between the County and Association and ratified by the
Association. The resulting Memorandum of Understanding, which is attached, includes modifications to wages,
retirement, health care, and other benefit changes. In summary, those 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.
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
employees who become members of CCCERA after December 31, 2012, there will be a 2%
11.
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:
The County will not realize the savings associated with this action.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
Resolution No. 2012/475
Memorandum of Understanding
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
CONTRA COSTA COUNTY DEFENDERS ASSOCIATION
This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in
Division 34 of Board of Supervisors’ Resolution 81/1165 an d has been jointly prepared by the parties.
The Chief of Labor Relations (County Administrator) is the representative of Contra Costa County in
employer-employee relations matters as provided in Board of Supervisors Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment for the employees in units in which the Association is the recognized
representative, have freely exchanged information, opinions and proposals and have ende avored to
reach agreement on all matters relating to the employment conditions and employer -employee
relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors, as the governing
board of Contra Costa County, as the joint recommendations of the undersigned for salary and
employee benefit adjustments for the term set forth herein.
DEFINITIONS
CCC Defenders Assn -2- 7/1/11-6/30/15 MOU
DEFINITIONS
A. Appointing Authority: Department Head unless otherwise provided by statute or ordinance.
B. Association: The Contra Costa County Defenders Association.
C. Class: A group of positions sufficiently similar with respect to the duties and responsibilities
that similar selection procedures and qualifications may apply and that the same descriptive
title may be used to designate each position allocated to the group.
D. Class Title: The designation given to a class, to each position allocated to the class, and to
the employees allocated to the class.
E. County: Contra Costa County.
F. Demotion: The change of a permanent employee to another position in a class allocated to a
salary range for which the top step is lower than the top step of the class which the employee
formerly occupied except as provided for under Transfer or as otherwise provided for in this
MOU, in the Personnel Management Regulations, or in specific resolutions governing deep
classes.
G. Director of Human Resources: The person designated by the County Administrator to serve
as the Assistant County Administrator-Director of Human Resources.
H. Eligible: Any person whose name is on an employment or reemployment or layoff list for a
given class.
I. Employee: A person who is an incumbent of a position or who is on leave of absence in
accordance with provisions of this MOU and whose position is held pending his return.
J. Employment List: A list of persons who have been found qualified for employment in a
specific class.
K. Layoff List: A list of persons who have occupied positions allocated to a class in the Merit
System and who have been involuntarily separat ed by layoff or displacement or demoted by
displacement, or have voluntarily demoted in lieu of layoff or displacement, or have transferred
in lieu of layoff or displacement.
L. Permanent-Intermittent Position: Any position that requires the services of an incumbent for
an indefinite period of time, but on an intermittent basis, as needed, paid on an hourly basis.
Notwithstanding any other provision of this MOU, permanent -intermittent employees are
entitled to an hourly wage and FLSA overtime, when appli cable, but no other pays or
employment benefits.
M. Permanent Part-Time Position: Any position which will require the services of an incumbent
for an indefinite period, but on a regularly scheduled less than full-time basis.
SECTION 1 - ASSOCIATION RECOGNITION
CCC Defenders Assn -3- 7/1/11 – 6/30/15 MOU
N. Permanent Position: Any position which has required, or which will require the services of an
incumbent without interruption, for an indefinite period.
O. Promotion: The change of a permanent employee to another position in a class allocated to a
salary range for which the top step is higher than the top step of the class which the employee
formerly occupied, except as provided for under Transfer or as otherwise provided for in this
MOU, in the Personnel Management Regulations, or in specific resolutions governing deep
classes.
P. Position: The assigned duties and responsibilities calling for the regular full -time, part-time or
intermittent employment of a person.
Q. Reallocation: The act of reassigning an individual position from one class to another class at
the same range of the salary schedule or to a class which is allocated to another range that is
within five percent (5%) of the top step, except as otherwise provided for in the Personnel
Management Regulations, deep class resolutions or other ordinances.
R. Reclassification: The act of changing the allocation of a position by raising it to a higher class
or reducing it to a lower class on the basis of significant changes in the kind, difficulty or
responsibility of duties performed in such position.
S. Reemployment List: A list of persons who have occupied positions allocated to any class in
the merit system and who have voluntarily separated and are qualified for consideration for
reappointment under the Personnel Management Regulations governing reemployment.
T. Resignation: The voluntary termination of permanent employment with the County.
U. Temporary Employment: Any employment in the Merit System that requires the services of
an incumbent for a limited period of time, paid on an hourly basis, not in an al located position
and not in permanent status. Notwithstanding any other provision of this MOU, temporary
employees are entitled to an hourly wage and FLSA overtime, when applicable, but no other
pays or employment benefits.
V. Transfer: The change of an employee who has permanent status in a position to another
position in the same class in a different department, or to another position in a class which is
allocated to a range on the salary plan that is within five percent (5%) at top step as the class
previously occupied by the employee.
SECTION 1 - ASSOCIATION RECOGNITION
The Association is the formally recognized employee organization for the Public Defenders
Representation Unit certified pursuant to Board of Supervisors’ Resolution 81/1165.
SECTION 2 - ASSOCIATION SECURITY
CCC Defenders Assn -4- 7/1/11-6/30/15 MOU
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Board of Supervisors’ Resolution 81/1165, only a
majority representative may have dues deduction and as such the Association has the exclusive
privilege of dues deduction or agency fee deducti on for all employees in its units.
2.2 Agency Shop.
A. The Association agrees that it has a duty to provide fair and non -discriminatory
representation to all employees in all classes in the units for which this section is
applicable regardless of whether they are members of the Association.
B. All employees employed in a representation unit on or after the effective date of this
MOU and continuing until the termination of the MOU, shall as a condition of
employment either:
1. Become and remain a member of the Association and pay initiation fees, full
dues and assessments or;
2. Pay to the Association, an agency shop fee in an amount which does not exceed
an amount which may be lawfully collected under applicable constitutional,
statutory, and case law, which under no circumstances shall exceed the monthly
dues, initiation fees and general assessments made during the duration of this
MOU. It shall be the sole responsibility of the Association to determine an
agency shop fee which meets the above criteria; or
3. A person who objects to paying dues and assessments to the Association on
religious grounds shall do both of the following:
a. Execute a written declaration that the employee is a member of a bona fide
religion, body or sect which has historically held a conscient ious objection to
joining or financially supporting any public employee organization as a
condition of employment; and
b. Shall pay a sum equal to the full fees described in subsection 2.2 (Agency
Shop) paragraph B sub-paragraph 1 above 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, or Battered
Women's Alternative.
C. The Association shall provide the County with a copy of the Association's Hud son
Notice for the determination and protest of its agency shop fees. The Association shall
provide a copy of said Hudson Notice to every fee payer covered by this MOU within
one month from the date it is approved and annually thereafter, and as a conditi on to
any change in the agency shop fee. Failure by an employee to invoke the Association's
Hudson Notice procedure within one month after actual receipt of the Hudson Notice
shall be a waiver by the employee of his or her right to contest the amount of t he
agency shop fee.
SECTION 2 - ASSOCIATION SECURITY
CCC Defenders Assn -5- 7/1/11 – 6/30/15 MOU
D. The provisions of subsection 2.2 (Agency Shop) paragraph B sub-paragraph 2 shall not
apply during periods that an employee is separated from the representation unit but
shall be reinstated upon the return of the employee to the repr esentation unit. The term
separation includes transfer out of the unit, layoff, and leave of absence with duration of
more than thirty (30) days.
E. Annually, the Association shall provide the Director of Human Resources with copies of
the financial report required under MMBA section 3502.5(f). Such report shall be
available to employees in the unit. Failure to file such a report within sixty (60) days
after the end of its fiscal year shall result in the termination of all agency shop fee
deductions without jeopardy to any employee, until said report is filed, and upon mutual
agreement, this time limit may be extended to one hundred twenty (120) days.
F. Compliance.
1. An employee employed in or hired into a job class represented by the
Association shall be provided with an Employee Authorization for Payroll
Deduction card by the Human Resources Department.
2. If the form authorizing payroll deduction is not returned within thirty (30) calendar
days after notice of this agency shop fee provision and the Asso ciation dues,
agency shop fee, initiation fee or charitable contribution required under
subsection 2.2 (Agency Shop) paragraph B subparagraph 3 are not received, the
Association may, in writing, direct that the County withhold the agency shop fee
and the initiation fee from the employee's salary, in which case the employee's
monthly salary shall be reduced by an amount equal to the agency shop fee and
the County shall pay an equal amount to the Association.
G. The Association shall indemnify, defend, and save the County harmless against any
and all claims, demands, suits, orders, or judgments, or other forms of liability that arise
out of or by reason of this Association security section, or action taken or not taken by
the County under this Section. This includes, but is not limited to, the County's
attorneys' fees and costs. The provisions of this subsection shall not be subject to the
grievance procedure following the adoption of this MOU by the County Board of
Supervisors.
H. The County Human Resources Department shall monthly furnish a list of all new hires
to the Association.
I. If employees in a bargaining unit represented by the Association vote to rescind agency
shop, the provisions of Subsections 2.4 (Maintenance of Membership) and 2.5
(Withdrawal of Membership) shall apply to dues-paying members of the Association.
2.3 Dues Form. Employees in classifications represented by the Association shall, as a
condition of employment, complete an Association dues authorization card provided by the
Association and shall have deducted from their paychecks the membership dues of the Association.
Said employees shall have thirty (30) days from the date of hire to decide if he/she does not want to
become a member of the Association. Such decision not to become a m ember of the Association
SECTION 2 - ASSOCIATION SECURITY
CCC Defenders Assn -6- 7/1/11-6/30/15 MOU
must be made in writing to the Auditor -Controller with a copy to the Labor Relations Service Unit
within said thirty (30) day period. If the employee decides not to become a member of the
Association, any Association dues previously deducted from the employee's paycheck shall be
returned to the employee and said amount shall be deducted from the next dues deduction check
sent to the Association. If the employee does not notify the County in writing of the decision not to
become a member within the thirty (30) day period, he/she shall be deemed to have voluntarily
agreed to pay the dues of the Association.
Each such dues authorization form referenced above shall include a statement that the Association
and the County have entered into a MOU, that the employee is required to authorize payroll
deductions of Association dues as a condition of employment, and that such authorization may be
revoked within the first thirty (30) days of employment upon proper written notice by the employee
within said thirty (30) day period as set forth above. Each such employee shall, upon completion of
the authorization form, receive a copy of said authorization form which shall be deemed proper notice
of his/her right to revoke said authorization.
2.4 Maintenance of Membership. All employees in units represented by the Association
who are currently paying dues to the Association and all employees in such units who hereafter
become members of the Association shall as a condition of continued employment pay dues to the
Association for the duration of this MOU and each year thereafter so long as the Association
continues to represent the position to which the employee is assigned, unless the employee has
exercised the option to cease paying dues in accorda nce with subsection 2.5 (Withdrawal of
Membership).
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Department in
writing, between April 1, 2011 and April 30, 2011, any employee may withdraw from Association
membership and discontinue paying dues as of the payroll period commencing June 1, 2011,
discontinuance of dues payments to then be reflected in the July 10, 2011 paycheck. Immediately
upon close of the above mentioned thirty (30) day period the Auditor -Controller shall submit to the
Association a list of the employees who have rescinded their authorization for dues deduction. This
can only be accomplished if and when agency shop would be rescinded.
2.6 Communicating With Employees. Representatives of the Association, not on County
time, shall be permitted to place employee literature at designated locations in County buildings if
arranged through the Department Head or designated representative.
2.7 Use of County Buildings. The Association shall be allowed the use of areas n ormally
used for meeting purposes for meetings of County employees during non -work hours when:
A. Such space is available.
B. There is no additional material 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.
SECTION 2 - ASSOCIATION SECURITY
CCC Defenders Assn -7- 7/1/11 – 6/30/15 MOU
The Association shall maintain prope r order at the meeting, and see that the space is
left in a clean and orderly condition. The use of County equipment (other than items
normally used in the conduct of business meetings, such as desks, chairs, ashtrays,
and blackboards) is strictly prohibited, even though it may be present in the meeting
area.
2.8 Advance Notice. The Association shall, except in cases of emergency, have the right
to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within
the scope of representation proposed to be adopted by the Board, or boards and commissions
appointed by the Board, and to meet with the body considering the matter. The listing of an item on
a public agenda, or the mailing of a copy of a proposal at least sev enty-two (72) hours before the
item will be heard, or the delivery of a copy of the proposal at least twenty -four (24) hours before the
item will be heard, shall constitute notice. In cases of emergency when the Board, or boards and
commissions appointed by the Board, determines it must act immediately without such notice or
meeting, it shall give notice and opportunity to meet as soon as practical after its action.
2.9 Written Statement for New Employees. The County will provide a written statement
to each new employee hired into a classification in any of the bargaining units represented by the
Association, that the employee's classification is represented by the Association and the name of a
representative of the Association. The County will provide t he employee with a packet of information
which has been supplied by the Association and approved by the County. The County shall provide
an opportunity for the Association to make a fifteen (15) minute presentation at the end of the Human
Resources Department’s new employee orientation meetings.
2.10 Assignment of Classes to Bargaining Units. The County shall assign new classes in
accordance with the following procedure:
A. Initial Determination. When a new class title is established, the Chief of Labor
Relations shall review the composition of existing representation units to determine the
appropriateness of including some or all of the employees in the new class in one or
more existing representation units, and within a reasonable period of time shall n otify all
recognized employee organizations of his/her determination.
B. Final Determination. His/her determination is final unless within ten (10) days after
notification a recognized employee organization requests in writing to meet and confer
thereon.
C. Meet and Confer and Other Steps. He/she shall meet and confer with such requesting
organizations (and with other recognized employee organizations where appropriate) to
seek agreement on this matter within sixty (60) days after the ten (10) day pe riod in
subsection 2.1 (Assignment of Classes To Bargaining Units) paragraph B, unless
otherwise mutually agreed. Thereafter, the procedures in cases of disagreement,
arbitration referral and expenses, and criteria for determination shall conform to Board
of Supervisor's Resolution 81/1165.
SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA)
CCC Defenders Assn -8- 7/1/11-6/30/15 MOU
SECTION 3 - NO DISCRIMINATION/AMERICANS WITH DISABILITIES ACT (ADA)
To the extent prohibited by applicable law the County shall not discriminate against an employee
because of sex, race, creed, color, national ori gin, sexual orientation, age, disability or Association
activities.
The County and the Association recognize that the Employer has an obligation to reasonably
accommodate a qualified employee with a disability. If the County contemplates a reasonable
accommodation to comply with the Americans with Disabilities Act (ADA) or the California Fair
Employment and Housing Act (FEHA) and such accommodation would conflict with any provision of
this Agreement, the County will notify the Association of the proposed accommodation. Upon
request within ten (10) days following such notice, the Association may request that the County meet
and confer with the Association on the impact of such accommodation. The Parties will meet within
seven (7) days following the County’s receipt of such notice to meet and confer.
If the County and the Association do not reach agreement, the County may implement the
accommodation if required by law without further negotiations. Nothing in this MOU shall preclude
the County from taking actions necessary to comply with the requirements of the ADA or FEHA.
SECTION 4 - ASSOCIATION REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as Association representatives shall
be allowed to attend meetings held by County agencies du ring regular working hours on County time
as follows:
A. If their attendance is required by the County at a specific meeting, including meetings of the
Board of Supervisors.
B. If their attendance is sought by a hearing body or presentation of testimon y or other reasons.
C. If their attendance is required for meetings scheduled at reasonable times agreeable to all
parties, required for settlement of grievances filed pursuant to Section 21 (Grievance
Procedure) of this MOU.
D. If they are designated as an Association representative, in which case they may utilize
a reasonable time at each level of the proceedings to assist an employee to present a
grievance provided the meetings are scheduled at reasonable times agreeable to all
parties.
E. If they are designated as spokesperson or representative of the Association and as
such make representations or presentations at meetings or hearings on wages, salaries
and working conditions; provided in each case advance arrangements for time away
from the employee's work station or assignment are made with the appropriate
department head, and the County agency calling the meeting is responsible for
determining that the attendance of the particular employee(s) is required, including
meetings of the Board of Supervisors and Retirement Board where items which are
within the scope of representation and involving the Association are to be discussed.
SECTION 5 - SALARIES
CCC Defenders Assn -9- 7/1/11 – 6/30/15 MOU
F. Association representatives shall advise, as far in advance as possible, their immediate
supervisor, or his/her designee, of their intent to engage in Association business. All
arrangements for release time shall include the location, the estimated time needed and
the general nature of the Association business involved (e.g. grievance meeting, Skelly
hearing).
G. Official representatives of the Association shall be allowed time off on County time for
meetings during regular working hours when formally meeting and conferring in good
faith or consulting with the Chief of Labor Relations or designee or other management
representatives on matters within the scope of representation, provided that the number
of such representatives shall not exceed two (2) without prior approval of the Labor
Relations Officer, and that advance arrangements for the time away from the work
station or assignment are made with the appropriate Department Head.
4.2 Association-Sponsored Training Programs. The County shall provide a maximum of
twenty-four (24) hours per year of release time for Association designated representatives to attend
Association-sponsored training programs. Requests for release time shall be provided in writing to
the Department and the County Human Resources Department at least fifteen (15) days in advance
of the time requested. Department Heads will reasonably consider each request and notify the
affected employee whether such request is approved within one (1) week of receipt.
SECTION 5 - SALARIES
5.1 General Wages.
A. Classifications of Deputy Public Defender I, II, III and IV
1. Effective on September 1, 2012, the base rate of p ay for classifications of Deputy
Public Defender I, II, III, IV represented by the Contra Costa County Defenders
Association (CCCDA) will be reduced by five and twenty four hundredths percent
(5.24%).
2. Effective on November 1, 2012, the base rate of pay for all classifications in 5.1.A.
above, represented by the CCCDA will be increased by one and fifty -seven hundredths
percent (1.57%).
3. Effective July 1, 2013, the base rate of pay for all classifications in 5.1.A. above
represented by the CCCDA will be increased by one and four one hundredths percent
(1.04%).
4. Effective January 1, 2014, the base rate of pay for all classifications in 5.1.A. above
represented by the CCCDA will be increased by one and one-half percent (1.5%).
5. Effective July 1, 2014, the b ase rate of pay for all classifications represented by the
CCCDA will be increased by two percent (2%).
SECTION 5 - SALARIES
CCC Defenders Assn -10- 7/1/11-6/30/15 MOU
B. Classifications of Public Defender (PD) Investigative Aide, PD Investigative Assistant,
PD Investigator I and II, Senior PD Investigative Aid and Deputy Public Defender –
Special Assignment – Exempt
1. Effective November 1, 2012, the base rate for all classifications listed above in 5.1.B
represented by the CCCDA, will be reduced by three and seventy -five one hundredths
percent (3.75%).
2. Effective July 1, 2013, the base rate of pay for all classifications in 5.1.B above,
represented by the CCCDA will be increased by one and four -one hundredths percent
(1.04%).
3. Effective January 1, 2014, the base rate of pay for all classifications in 5.1.B above,
represented by the CCCDA will be increased by one and one half percent (1.5%)
4. Effective July 1, 2014, the base rate of pay for all classifications in 5.1.B. above,
represented by the CCCDA, will be increased by two percent (2.0%)
C. Longevity Pay. Permanent, full-timeand permanent part-time employees at ten (10) years of
County service shall receive a two and one-half percent (2.5%) longevity pay differential.
Permanent, full-time Eemployees at fifteen (15) years of County service shall receive an
additional two and one-half percent (2.5%) longevity pay differential. Permanent, full -time and
permanent part-time employees who have completed twenty (20) years of Contra Costa
County service will receive a two percent (2%) longevity differential effective on th e first day of
the month following the month in which the employee qualifies for the twenty (20) year service
award. For those employees who completed twenty (20) years of service on or before
November 1, 2012, this longevity differential will be paid pro spectively only from November 1,
2012.
5.2 Entrance Salary. New employees shall generally be appointed at the minimum step of
the salary range established for the particular class of position to which the appointment is made.
However, the appointing authority may fill a particular position at a step above the minimum of the
range if mutually agreeable guidelines have been developed in advance or the Director of Human
Resources (or designee) offers to meet and confer with the Association on a case by case basis
each time prior to formalizing the appointment.
5.3 Anniversary Dates. Anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first day of the
calendar month after the calendar month when the emplo yee successfully completes
six (6) months service provided however, if an employee began work on the first
regularly scheduled workday of the month the anniversary date is the first day of the
calendar month when the employee successfully completes six (6) months service.
B. Promotions. The anniversary date of a promoted employee is determined as for a new
employee in subsection 5.3 (Anniversary Dates) Paragraph A (New Employees) above.
C. Demotions. The anniversary of a demoted employee is the first day of the calendar
month after the calendar month when the demotion was effective.
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D. Transfer, Reallocation & Reclassification. The anniversary date of an employee who is
transferred to another position or one whose position has been reallocated or
reclassified to a class allocated to the same salary range or to a salary range which is
within five percent (5%) of the top step of the previous classification, remains
unchanged.
E. Reemployment. The anniversary of an employee appointed from a reemploymen t list
to the first step of the applicable salary range and not required to serve a probation
period is determined in the same way as the anniversary date is determined for a new
employee who is appointed the same date, classification and step and who then
successfully completes the required probationary period.
F. Notwithstanding other provisions of this Section 5 (Salaries), the anniversary of an
employee who is appointed to a classified position from outside the County's merit
system at a rate above the minimum salary for the employee's new class, or who is
transferred from another governmental entity to this County's merit system, is one (1)
year from the first day of the calendar month after the calendar month when the
employee was appointed or transferred; provided however, when the appointment or
transfer is effective on the employee's first regularly scheduled work day of that month,
his/her anniversary date is one (1) year after the first calendar day of that month.
5.4 Increments Within Range. The performance of each employee, except those of
employees already at the maximum salary step of the appropriate salary range, shall be reviewed on
the anniversary date as set forth in subsection 5.3 (Anniversary Dates) to determine whether the
salary of the employee shall be advanced to the next higher step in the salary range.
Advancement shall be granted on the affirmative recommendation of the appointing authority, based
on satisfactory performance by the employee. The appointing authority may recommend denial of
the 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 m ore frequently than once a year, nor shall more than
one (1) step within range increment be granted at one time. 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 administrative or clerical error was made in failing to submit the documents needed to advance an
employee to the next salary step on the first of the month when eligible, said advancement shall be
made retroactive to the first of the month when eligible.
5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary in the
same ratio to the full-time monthly rate to which the employee would be entitled as a fulltime
employee under the provisions of this Section 5 (Salaries), as the number of hours per week in the
employee's part-time work schedule bears to the number of hours in the full -time work schedule of
the department.
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5.6 Compensation for Portion of Month. Any employee who works less than any full
calendar month, except when on earned vacation or authorized sick leave, shall receive as
compensation for services an amount which is in the same ratio to the established monthly rate as
the number of days worked is to the actual working days in such employee's normal work schedule
for the particular month; but if the employment is intermittent, compensation shall be on an hourly
basis.
5.7 Position Reclassification. An employee who is an incumbent of a position which is
reclassified to a class which is allocated to the same range of the basic salary schedule as is the
class of the position before it was reclassified, shall be paid at the same step of the range as the
employee received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a lower range of the
basic salary schedule shall continue to receive the same salary as before the reclassification, but if
such salary is greater than the maximum of the range of the class t o which the position has been
reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new
classification. The salary of an incumbent of a position which is reclassified to a class which is
allocated to a range of the basic salary schedule greater than the range of the class of the position
before it was reclassified shall be governed by the provisions of subsection 5.9 (Salary on
Promotion).
5.8 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is reallocated to
a salary range above or below that to which it was previously allocated, when the
number of steps remain the same, shall be compensated at the same step in the new
salary range the employee was receiving in the range to which the class was previously
allocated. If the reallocation is from one salary range with more steps to a range with
fewer steps or vice versa, the employee shall be compensated at the step on the new
range which is in the same percenta ge ratio to the top step of the new range as was the
salary received before reallocation to the top step of the old range, but in no case shall
any employee be compensated at less than the first step of the range to which the class
is allocated.
B. If a classification is reallocated from a salary range with more steps to a salary range
with fewer steps on the salary schedule, apart from the general salary increase or
decrease described in subsection 5.8 (Salary Reallocation & Salary on Reallocation)
paragraph A, each incumbent of a position in the reallocated class shall be placed upon
the step of the new range which equals the rate of pay received before the reallocation.
If the steps in the new range do not contain the same rates as the old range, each
incumbent shall be placed at the step of the new range which is next above the salary
rate received in the old range, or if the new range does not contain a higher step, at the
step which is next lower than the salary received in the old range.
C. If an employee is in a position which is reallocated to a different class allocated to a
salary range the same as above or below the salary range of the employee's previous
class, the incumbent shall be placed at the step in the new class which equals the rate
of pay received before reallocation. If the steps in the range for the new class do not
contain the same rates as the range for the old class, the incumbent shall be placed at
the step of the new range which is next above the salary rate received in the old range;
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or if the new range does not contain a higher step, the incumbent shall be placed at the
step which is next lower than the salary.
5.9 Salary on Promotion. Any employee who is appointed to a position of a class
allocated to a higher salary range than the class previously occupied, except as provided under
Section 5.12 (Pay for Work in a Higher Classification ), shall receive the salary in the new salary
range which is next higher than the rate received before promotion. If this increase is less than five
percent (5%), the employee's salary shall be adjusted to the step in the new range which is at least
five percent (5%) greater than the next higher step; provided however that the next step shall not
exceed the maximum salary for the higher class. Upon a ppointment of a laid off employee from the
layoff list to the class from which the employee was laid off, the employee shall be appointed at the
step which the employee had formerly attained in the higher class unless such step results in a
decrease in which case the employee is appointed to the next higher step. If, however, the employee
is being appointed into a class allocated to a higher salary range than the class from which the
employee was laid off, the salary will be calculated from the highest ste p the employee achieved prior
to layoff, or from the employee’s current step, whichever is higher.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as provided
under subsection 5.11 (Salary on Voluntary Demotion), shall have his/her salary reduced to the
monthly salary step in the range for the class of position to which he/she has been demoted next
lower than the salary received before demotion. If this decrease is less than five percent (5%), the
employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than
the next lower step; provided, however, that the next step shall not be less than the minimum salary
for the lower class. Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of the demoted employee
shall be that step on the salary range which he/she would have achieved had he/she been
continuously in the position to which he/she has been de moted, all within-range increments having
been granted.
5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a
position in a class having a salary schedule lower than that of the class from which he or she
demotes, his or her salary shall remain the same if the steps in his or her new (demoted) salary
range permit, and if not, the new salary shall be set at the step next below former salary.
5.12 Pay for Work in Higher Classification. When an employee in a permanent position in
the merit system is required to work in a classification for which the compensation is greater than that
to which the employee is regularly assigned, the employee shall receive compensation for such work
at the rate of pay established for the higher cla ssification pursuant to subsection 5.9 (Salary on
Promotion) of this Memorandum of Understanding, at the start of the second full day in the
assignment, under the following conditions. Payment shall be made retroactive after completing the
first forty (40) consecutive hours worked in the higher classification.
A. When an employee is assigned to a program, service or activity established by the
Board of Supervisors which is reflected in an authorized position which has been
classified and assigned to the Salary Schedule.
B. The nature of the departmental assignment is such that the employee in the lower
classification performs a majority of the duties and responsibilities of the position of the
higher classification.
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C. Employee selected for the assignment will n ormally be expected to meet the minimum
qualifications for the higher classification.
D. The County shall make reasonable efforts to offer out of class assignments to all
interested employees on a voluntary basis. Pay for work in a higher classification sh all
not be utilized as a promotional procedure provided in this Memorandum of
Understanding.
E. Higher pay assignments shall not exceed six (6) months except through reauthorization.
F. If approval is granted for pay for work in a higher classification and the assignment is
terminated and later re-approved for the same employee within one hundred eighty
days (180) no additional waiting period will be required.
G. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual
differential) accruing to the employee in his/her permanent position shall continue.
H. During the period of work for higher pay in a higher classification, an employee will
retain his/her permanent classification, and anniversary and salary review dates will be
determined by time in that classification; except that if the period of work for higher pay
in a higher classification exceeds one year continuous employment, the employee,
upon satisfactory performance in the higher classification, shall be eligible for a salar y
review in that class on his/her next anniversary date. Notwithstanding any other salary
regulations, the salary step placement of employees appointed to the higher class
immediately following termination of the assignment shall remain unchanged.
I. Allowable overtime pay, shift differentials and/or work location differentials will be paid
on the basis of the rate of pay for the higher class.
5.13 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 shal l, on the twenty-
fifth (25th) day of each month, draw his/her warrant upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one -third (1/3) or less (at the option of the employee) of
the employee's basic salary of the previous month except that it shall not exceed the amount of the
previous month's basic salary less all requested or required deductions. The election to receive the
advance shall be made on the prescribed form (form M -208, revised 5/81) and submitted by the
fifteenth (15th) of the month to the department payroll clerk who will forward the card with the Salary
Advance Transmittal/Deviation Report to the Auditor-Controller (Payroll Section). Such an election
would be effective in the month of the submission a nd would remain effective until revoked. In the
case of an election made pursuant to this Section 5.13, (Payment), all required or requested
deductions from salary shall be taken from the second installment, which is payable on the tenth
(10th) day of the following month.
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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 o f 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(2) to
employees in the classification of Deputy Public Defender III subject to the conditions
described in Section 5.14A, above.
5.15 Parallel Deputy Public Defender Compensation Adjustments.
A. Except as provided in subsection 5.1, General Wages, of this Section, the Parties agree
that the base salary rates and ranges for the corresponding level(s) of the Public
Defender classification series shall be subject to the same generally applicable base
salary rate increases and decreases as are applied to the corresponding level(s) of the
Deputy District Attorney classification series at the same time such increases or
decreases are applied to that level. For example, if the Deputy District Attorney
classification series is granted a two percent increase, the Deputy Public Defender
classification series will receive a two percent increase. For purposes of this subsection,
corresponding levels are:
Deputy Public Defender I, II and III corresponds to Deputy District Att orney
Basic;
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Deputy Public Defender IV corresponds to Deputy District Attorney Advanced.
Nothing in this subsection shall be construed to prevent, truncate, or negate in any manner any term
of the Parties’ Special Agreement concerning Agreed Up on Temporary Absences (“ATA”).
B. Subsection 5.15, paragraph A does not apply to the Deputy Public Defender special
assignment classification.
C. If the County and Deputy District Attorneys Association hereafter enter into an MOU
that includes any new benefits, deletes or modifies existing benefits, the same new
benefit or deletion or modification of existing benefits shall simultaneously apply to the
Deputy Public Defenders classification series.
SECTION 6 - DAYS AND HOURS OF WORK
6.1. Definitions.
A. Regular Work Schedule: A regular work schedule is eight (8) hours per day, Monday
through Friday, inclusive, for a total of forty (40) hours per week.
B. Workweek for Employees on Regular Work Schedules: For employees on a regular
work schedule, the workweek begins at 12:01 a.m. on Monday and ends at 12 midnight
on Sunday.
C. Different Work Schedules. The Public Defender may implement a work schedule
other than a regular work schedule upon approval of the County Human Resources
Director.
6.2 Timestamp: Each and every temporary and permanent intermittent employee (hereafter
called “hourly employees”) must timestamp in and out as he/she begins his/her work shift/day,
finishes his/her work shift/day, and takes meal breaks.
6.3 Accrual Usage: The use of leave accruals must be reported in one minute increments and
may not be rounded.
6.4 Automated Time Keeping: The Association agrees to the implementation of an automated
timekeeping system by the County. The Association waives its right to meet and confer regarding
any impacts that result from the County’s implementation of the automated timekeeping system. The
Association agrees to convert from the current monthly payroll procedures with an advance to a new
payroll procedure to be determined.
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CCC Defenders Assn -17- 7/1/11 – 6/30/15 MOU
SECTION 7 – OVERTIME AND COMPENSATORY TIME OFF
7.1 Application of Overtime and Compensatory Time Off. Overtime pay and
compensatory time off provided in subsection 7.2, Overtime, and subsection 7.3, Compensatory
Time, does not apply to employees in classifications in the Publ ic Defender series or to other
employees exempt from overtime under the Fair Labor Standards Act.
7.2 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 compensate d for at the rate of one and one-
half (1-1/2) times the employee's base rate of pay (not including shift and other special differentials).
Overtime for permanent employees is earned and credited in a minimum of one -tenth (1/10) hour
increments and is compensated by either pay or compensatory time off.
7.3 Compensatory Time. The following provisions shall apply:
A. Employees may periodically elect to accrue compensatory time off in lieu of overtime
pay. Eligible employees must notify their Department Head or his or her designee of
their intention to accrue compensatory time off or to receive overtime pay at least thirty
(30) days in advance of the change.
B. The names of those employees electing to accrue compensatory time off shall be
placed on a list maintained by the Department. Employees who become eligible (i.e.,
newly hired employees, employees promoting, demoting, etc.) for compensatory time
off in accordance with these guidelines must elect to accrue compensatory time or they
will be paid for authorized overtime hours worked.
C. Compensatory time off shall be accrued at the rate of one and one -half (1-1/2) times
the actual authorized overtime hours worked by the employee.
D. Employees may not accrue a compensatory time off balance that exceeds one hundre d
twenty (120) hours (i.e., eighty [80] hours at time and one -half). Once the maximum
balance has been attained, authorized overtime hours will be paid at the overtime rate.
If the employee's balance falls below one hundred twenty (120) hours, the employ ee
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 between the
Department Head or his/her designee and the employee. Compensatory time off shall
not be taken when the employee should be replaced by another employee who would
be eligible to receive, for time worked, either overtime payment or compensatory time
accruals as provided for in this Section 7.3 (Compensatory Time). This provision may
be waived at the discretion of the Department Head or his or her designee.
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G. When an employee promotes, demotes, or transfers from one classification eligible for
compensatory time off to another classification eligible for compensatory time off within
the same department, the employee's accrued compensatory time off balance will be
carried forward with the employee.
H. Compensatory time accrual balances will be paid off when an employee moves from
one department to another through promotion, demot ion or transfer. Said payoff will be
made in accordance with the provisions and salary of the class from which the
employee is promoting, demoting or transferring as set forth in subsection 7.3
(Compensatory Time) paragraph I below.
I. Since employees accrue compensatory time off at the rate of one and one -half (1-1/2)
hours for each hour of authorized overtime worked, they shall be paid their accrued
hours of compensatory time at the straight time rate of pay whenever:
1. The employee changes status and is no longer eligible for compensatory time
off.
2. The employee promotes, demotes or transfers to another department.
3. The employee separates from County service.
4. The employee retires.
J. The Office of the County Auditor-Controller will establish timekeeping procedures to
administer this Section 7 (Overtime and Compensatory Time).
SECTION 8 - CALL BACK TIME
Any Public Defender Investigator or Investigator Aide who is called back to duty shall be paid at the
appropriate rate for the actual time worked plus o ne (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 - WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT
9.1 Workforce Reduction. If funding reductions or shortfalls in funding occur in a
department or are expected, which may result in layoffs, the department will notify the Association
and take the following actions:
A. Identify the classification(s) in which position reductions may be required due to funding
reductions or shortfalls.
B. Advise employees in those classifications that position reductions may occur in their
classifications.
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C. Accept voluntary leaves of absence from employees in those classifications which do
not appear to be potentially impacted by possible position redu ctions when such leaves
can be accommodated by the department.
D. Consider employee requests to reduce their position hours from full -time to part-time to
alleviate the impact of the potential layoffs.
E. Approve requests for reduction in hours, lateral transfers, and voluntary demotions to
vacant, funded positions in classes not scheduled for layoffs within the department, as
well as to other departments not experiencing funding reductions or shortfalls when it is
a viable operational alternative for the d epartment(s).
F. Review various alternatives which will help mitigate the impact of the layoff by working
through the Tactical Employment Team (TET) program to:
1. Maintain an employee skills inventory bank to be used as a basis for referrals to
other employment opportunities.
2. Determine if there are other positions to which employees may be transferred.
3. Refer interested persons to vacancies which occur in other job classes for which
they qualify and can use their layoff eligibility.
4. Establish workshops to aid laid off employees in areas such as resume
preparation, alternate career counseling, job search strategy, and interviewing
skills.
G. When it appears to the Department Head and/or Chief of Labor Relations (or designee)
that the Board of Supervisors may take action which will result in the layoff of
employees in the Public Defender representation unit, the Chief of Labor Relations (or
designee) shall notify the Association of the possibility of such layoffs and shall meet
and confer with the Association regarding the implementation of the action.
9.2 Separation Through Layoff.
A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the
merit service may be laid off when the position is no longer necessary, or for reasons of
economy, lack of work, lack of funds or for such other reason(s) as the Board of
Supervisors deems sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in the department shall be based on inverse
seniority in the class of positions, the employee in the 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 wh o
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occupies permanent part-time position, the least senior employee being
displaced first.
2. In the Same Level or Lower Class. A laid off or displaced employee who had
achieved permanent status in a class at the same or lower salary level as
determined by the salary schedule in effect at the time of layoff may displace
within the department and in the class an employee having less 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 part-time employees may displace only other permanent part-time
employees with less seniority holding permanent positions of the same type
respectively.
2. A permanent full-time employee may displace any part-time employee with less
seniority.
a) In the same class as provided in Section 9.2 (Separation Through Layoff)
paragraph C sub-paragraph 1 (In the Same Class) or,
b) In a class of the same or lower salary level as provided in Section 9.2
(Separation Through Layoff) paragraph C sub-paragraph 2 (In the Same
Level or Lower Class), if no fulltime employee in a class at the same or
lower salary level has less seniority than the displacing employees.
3. Former permanent full-time employees who have voluntarily become per manent
part time employees for the purpose of reducing the impact of a proposed layoff
with the written approval of the Director of Human Resources or designee retain
their permanent full-time employee seniority rights for layoff purposes only and
may in a later layoff displace a full-time employee with less seniority as provided
in these rules.
E. Seniority.
1. An employee's seniority within a class for layoff and displacement purposes shall
be determined by adding the employee's length of service in the parti cular class
in question to the employee's length of service in other classes at the same or
higher salary levels as determined by the salary schedule in effect at the time of
layoff. Employees reallocated or transferred without examination from one class
to another class having a salary within five percent (5%) of the former class, shall
carry the seniority accrued in the former class into the new class. Employees
reallocated to a new deep class upon its initiation or otherwise reallocated to a
deep class because the duties of the position occupied are appropriately
described in the deep class shall carry into the deep class the seniority accrued
or carried forward in the former class and seniority accrued in the other class
which have been included in the deep class. Service for layoff and displacement
purposes includes only the employee's last continuous permanent County
SECTION 9 - WORKFORCE REDUCTION/LAYOFF/REASSIGNMENT
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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.
2. 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 depa rtment in permanent
employment. Any remaining ties shall be broken by random selection among the
employees involved.
F. Eligibility for Layoff List. Whenever any person who has permanent status is laid off,
has been displaced, has been demoted by displacem ent or as voluntarily demoted in
lieu of layoff or displacement, or has transferred in lieu of layoff or displacement, the
person's name shall be placed on the Layoff List for the class of positions from which
that person has been removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names of persons laid off,
displaced, or demoted because of a layoff or displacement, or who have voluntarily
demoted or transferred in lieu of layoff or displacement. Names shall be listed in order
of layoff seniority in the class from which laid off, displaced, demoted, or transferred on
the date of layoff, the most senior person listed first. In case of ties in seniority, the
seniority rules shall apply except that where there is a class seniority tie b etween
persons laid off from different departments the tie(s) shall be broken by length of last
continuous permanent County employment with remaining ties broken by random
selection among the employees involved.
H. Duration of Layoff & Reemployment Rights. The name of any person granted
reemployment privileges shall continue on the appropriate list for a period of two (2)
years. Persons placed on layoff lists shall continue on the appropriate list for a period
of four (4) years.
I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of person(s)
laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or
displacement or transferred in lieu of layoff or displacement. When a request for
personnel is received from the appointing authority of a department from which an
eligible(s) was laid off, the appointing authority shall receive and appoint the eligible
highest on the layoff list from the department. When a request for personnel is
received from a department from which an eligible(s) was not laid off, the appointing
authority shall receive and appoint the eligible highest on the layoff list who shall be
subject to a probationary period. A person employed from a layoff list shall be
appointed at the same step of the salary range the employee held on the day of layoff.
J. Removal of Names from Layoff Lists. The Director of Human Resources may remove
the name of any eligible from a layoff list for any reason listed below:
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1. For any cause stipulated in Section 404.1 (Causes for Disqualification) of the
Personnel Management Regulations.
2. On evidence that the eligible cannot be located by postal authorities.
3. On receipt of a statement from the appointing authority or eligible that the eligible
declines certification or indicates no further desire for appointment in the class.
4. If three (3) offers of permanent appointment to the class for which the eligible list
was established have been declined by the eligible.
5. If the eligible fails to respond to t he Director of Human Resources or the
appointing authority within ten (10) days to written notice of certification mailed to
the person's last known address.
6. If the person on the reemployment or layoff list is appointed to another position in
the same or lower classification, the name of the person shall be removed.
However, if the first permanent appointment of a person on a layoff list is to a
lower class which has a top step salary lower than the top step of the class from
which the person was laid off, the name of the person shall not be removed from
the layoff list. Any subsequent appointment of such person from the layoff list
shall result in removal of that person's name.
K. Removal of Names from Reemployment and Layoff certifications. The Director of
Human Resources may remove the name of any eligible from a reemployment or layoff
certification if the eligible fails to respond within five (5) days to a written notice of
certification mailed to the person's last known address.
9.3 Notice. The County agrees to give employees scheduled for layoff at least ten (10)
work days notice prior to their last day of employment.
9.4 Special Employment Lists. The County will establish a T.E.T. employment pool which
will include the names of all laid off Co unty employees. Special employment lists for job classes may
be established from the pool. Persons placed on a special employment list must meet the minimum
qualifications for the class. An appointment from such a list will not affect the individual's s tatus on a
layoff list(s).
Employees in the T.E.T. employment pool shall be guaranteed a job interview for any vacant funded
position for which they meet minimum qualifications. If there are more than five such employees who
express an interest for one vacant funded position, the five most senior employees shall be
interviewed. Seniority for this subsection shall be County seniority.
9.5 Reassignment of Laid Off Employees. Employees who are displaced within the
same classification from fulltime to part-time status in a layoff, or who voluntarily reduced their work
hours to reduce the impact of layoff, or who accepted a position of another status than that from
which they were laid off upon referral from the layoff list, may request reassignment back to their pre-
layoff status (full time or part-time or increased hours). The request must be in writing in accord with
the department's reassignment bid or selection process. Employees will be advised of the
reassignment procedure to be followed to obtain re assignment back to their former status at the time
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of the workforce reduction. The most senior laid off employee in this status who requests such a
reassignment will be selected for the vacancy; except when a more senior laid off individual remains
on the layoff list and has not been appointed back to the class from which laid off, a referral from the
layoff list will be made to fill the vacancy.
SECTION 10 – HOLIDAYS
10.1 Holidays Observed.
A. The County will observe the following holidays:
January 1st, known as New Year's Day
3rd Monday in January known as
Dr. M. L. King, Jr. Day
3rd Monday in February, known as Presidents' Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Da y
November 11th, known as Veterans Day
4th Thursday in November, known as Thanksgiving
The Friday after Thanksgiving
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as holidays.
Any holiday observed by the County that falls on a Saturday is observed on the preceding Friday
and any holiday that falls on a Sunday is observed on the following Monday.
B. Personal Holiday Credit. Employees are entitled to accrue two (2) hours of personal
holiday credit per month. This time is prorated for part-time employees. Preference of
personal holidays shall be given to employees according to their seniority in their
department as reasonably as possible. No employee may accrue more than forty (40)
hours of personal holiday credit. On separation from County service, employees are
paid for any unused personal holiday credit hours at the employee’s then current pay
rate, up to a maximum of forty (40) hours.
10.2 Holiday is Not Worked and Holiday Falls on Scheduled Work Day.
A. Holidays Observed – Full-time Employees: Each full-time employee is entitled to
observe a holiday (8 hours off work), without a reduction in pay, whenever a holiday is
observed by the County.
B. Holidays Observed – Part time Employees: When a holiday is observed by the
County, each part time employee is entitled to observe the holiday in the same ratio as his/her
number of position hours bears to forty (40) hours, multiplied by 8 (hours), without a reduction
in pay. For example, a part time employee whose position hours are 24 per week is entitled to
4.8 hours off work on a holiday (24/40 multiplied by 8 = 4.8). Hereafter, the number of hours
SECTION 11 - VACATION LEAVE AND PAID PERSONAL LEAVE
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produced by this calculation will be referred to as the “Part Time employee’s holiday hours.”
When the number of hours in a part time employee’s scheduled work day that falls on a
holiday (“scheduled work hours”) is more than the employee’s “Part Time employee’s holiday
hours,” the employee must use non-sick leave accruals for the difference between the
employee’s “scheduled work hours” and the employee’s “Part Time employee’s holiday hours.”
If the employee does not have any non -sick leave accrual balances, leave without pay
(AWOP) will be authorized.
10.3 Holiday is WORKED and Holiday Falls on Regularly Scheduled Work Day.
A. Full-Time Employees: When a full-time employee works on a holiday that falls on the
employee’s regularly scheduled work day, the employee is entitled to receive his/her
regular salary. The employee is also entitled to receive holiday pay or holiday
compensation time at the rate of one and one half (1.5) times his/her base rate of pay
(not including differentials) for all hours worked, up to a maximum of eight (8) hours.
This provision is applicable only to employees in the following classifications:
6N75 - Public Defender Investigative Aide
6N7A - Public Defender Investigative Assistant
6NWA - Public Defender Investigator I
6NVA - Public Defender Investigator II
6NVB - Senior Public Defender Investigative Aide
B. Part-Time Employees: W hen a part-time employee works on a holiday that falls on the
employee’s scheduled work day, the part-time employee is entitled to receive his/her
regular salary. The part-time employee is also entitled to receive holiday pay or holiday
compensation time at the rate of one (1.5) times his/her base rate of pay (not including
differentials) for all hours worked on the holiday, up to a maximum of the amount of the
“Part-time employee’s holiday hours.” This provision is applicable only to employees in the
following classifications:
6N75 - Public Defender Investigative Aide
6N7A - Public Defender Investigative Assistant
6NWA - Public Defender Investigator I
6NVA - Public Defender Investigator II
6NVB - Senior Public Defender Investigative Aide
10.4 Permanent Intermittent Employees - Holiday is Worked. Permanent intermittent
employees who work on a holiday are entitled to receive overtime pay at the rate of one and one half
(1.5) times his/her base rate of pay (not including differentials) for all hours worked on the holiday.
SECTION 11 - VACATION LEAVE AND PAID PERSONAL LEAVE
11.1 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
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the month following the month in which the employee qualifies. Accrual for portions of a month shall
be in minimum amounts of one (1) hour calculated on the same basis as for partial month
compensation pursuant to Section 5.8 (Salary Reallocation and Salary Reallocation) of this MOU.
Vacation credits may be taken in one-tenth hour (six minute) increments but may not be taken during
the first six (6) months of employment (not necessarily synonymous with probationary status) except
where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the
time vacation is taken.
11.2 Vacation Leave on Reemployment From a Layoff List. Employees with six (6)
months or more service in a permanent position prior to their layoff who are employed from a layoff
list, shall be considered as having completed six months tenure in a permanent position for the
purpose of vacation leave. The appo inting authority or designee will advise the Auditor- Controller's
Payroll Unit in each case where such vacation is authorized so that appropriate payroll system
override actions can be taken.
11.3 Accrual Rates - Deputy Public Defenders. The vacation schedule listed below shall
be maintained for Deputy Public Defenders’ Grades I, II, III, IV.
Maximum
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 - 19 years 13 1/3 320
20 - 24 years 16-2/3 400
25 - 29 years 20 480
30 years and up 23-1/3 560
11.4 Vacation Accrual Rates – Investigator and Investigator Aide.
The rates at which vacation credits accrue for employees in the Public Defender Investigator and
Public Defender Investigator Aide classifications, and the maximum accumulation thereof are as
follows:
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 years 20 480
30 years and up 23-1/3 560
11.5 Service Award Date Defined. An employee’s Service Award Date is the first day of h is
or her temporary, provisional, or permanent appointment to a position in the County. If an employee
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is first appointed to a temporary or provisional position and then later appointed to a permanent
position, the Service Award Date for that employee is the date of the first day of the temporary or
provisional appointment.
Example One:
1. An employee’s Service Award Date is January 1, 1988.
2. The employee reaches 20 years of service on January 1, 2008.
3. February 1, 2008 is the date on which the employee i s eligible to begin accruing 16.66 hours
of vacation time each month.
4. The increased vacation hours will first appear on the employee’s March 10, 2008 pay warrant.
Example Two:
1. An employee’s Service Award Date is February 24, 1987.
2. The employee reached 20 years of service on February 24, 2007.
3. March 1, 2007 is the date on which the employee is eligible to begin accruing 16.66 hours of
vacation time each month.
4. The increased vacation hours will first appear on the employee’s April 10, 2007 pay warra nt.
11.6 Accrual During Leave Without Pay. No employee who has been granted a leave without
pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall
an employee who is absent without pay accrue vacation credit during the absence.
11.7 Vacation Buy-Back.
A. FOR EMPLOYEES HIRED BEFORE NOVEMBER 1, 2012:
Deputy Public Defenders may choose reimbursement for up to one -third (1/3) of their annual
vacation accrual, subject to the following conditions:
1. The choice can be made only once in each calendar year.
2. Payment shall be based on an hourly rate determined by dividing the employee's monthly
salary by 173.33.
3. The maximum number of hours that may be reimbursed in any one year is one -third (1/3)
of the annual accrual.
B. For Employees Hired On and After November 1, 2012:
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Employees promoted or hired by the County into any classification represented by the Contra
Costa County Defenders Association on and after November 1, 2012, are not eligible for the
Vacation Buy-Back benefit. However, any employee who was eligible for a Vacation Buy -Back
benefit before promoting into a classification represented by the Contra Costa County
Defenders Association will retain that benefit after promoting into a classification represented
by the Contra Costa County Defenders Association.
C. If a lump sum payment has been made in lieu of a retroactive general salary adjustment for a
portion of the calendar year which is subsequent to exercise by an employee of the vacation buy-
back provision herein, that employee's vacation buy-back shall be adjusted to reflect the
percentage difference in base pay rates upon which the lump sum payment was computed
provided that the period covered by the lump sum payment included the effecti ve date of the
vacation buy-back.
11.8 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.
11.9 Vacation Preference. Use of vacation accruals is by mutual agreement between the
employee and the supervisor and preference of vacation shall be given to employees according to
their order of request as reasonably as possible unless otherwise provided in the supplemental
sections of this Memorandum of Understanding.
11.10 Annual Administrative Leave (Deputy Public Defenders). Effective January 1, 2013, and
on January 1st of each year, permanent full -time employees in paid status and in the classes of
Deputy Public Defender I, II, III , and IV will be credited with ninety-four (94) hours of paid annual
administrative leave to recognize the unavailability of overtime pay for Deputy Public Defenders.
Employees appointed after July 1st will be credited with forty seven (47) hours of pai d annual
administrative leave on the first succeeding January 1st and will be credited with ninety -four (94)
hours annually thereafter. Permanent part -time employees in paid status in the classifications
identified above will be credited with pro -rata administrative leave as described herein. Annual
administrative leave must be used during the calendar year in which credited and may not be carried
forward. Paid administrative leave is separate from paid vacation and will be accounted for
accordingly. Upon separation from County service, there shall be no payoff for unused administrative
leave credits.
SECTION 12 - SICK LEAVE
12.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporar y absences from work due to illness or injury. It is a
benefit extended by the County and may be used only as authorized; it is not paid time off which
employees may use for personal activities.
12.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the rate of
eight (8) working hours credit for each completed month of service. Employees who work a portion of
a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis
as is partial month compensation.
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Credits to and charges against sick leave are made in minimum amounts of one -tenth hour (6
minutes) increments. Unused sick leave credits accumulate from year to year.
When an employee is separated other than through retirement, accumulated sick leave credits shall
be canceled, unless the separation results from layoff, in which case the accumulated credits shall be
restored if reemployed in a permanent position within the period of layoff eligibility.
Upon retirement, an employee's accumula ted sick leave is converted to retirement on the basis of
one day of retirement service credit for each day of accumulated sick leave credit.
12.3 Policies Governing the Use of Paid Sick Leave.
A. As indicated above, the primary purpose of paid sick leave i s to ensure employees
against loss of pay for temporary absences from work due to illness or injury. The
following definitions apply:
1. "Immediate Family" means and includes only the spouse, son, stepson,
daughter, stepdaughter, father, stepfather, mot her, stepmother, brother, sister,
grandparent, grandchild, niece, nephew, father -in-law, mother-in-law, daughter-
in-law, son-in-law, brother-in-law, sister-in-law, foster children, aunt, uncle,
cousin, stepbrother, stepsister, or domestic partner of an emp loyee and/or
includes any other person for whom the employee is the legal guardian or
conservator, or any person who is claimed as a "dependent" for IRS reporting
purposes by the employee.
2. "Employee" means any person employed by Contra Costa County in an
allocated position in the County service.
3. "Paid Sick Leave Credits" means those sick leave credits provided for by County
Salary Regulations and this Memorandum of Understanding.
4. "Condition/Reason". With respect to necessary verbal contacts an d
confirmations which occur between the department and the employee when sick
leave is requested or verified, a brief statement in non -technical terms from the
employee regarding inability to work due to injury or illness is sufficient.
B. Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
1. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used
when the employee is off work because of a temporary illness or injury.
2. Permanent Disability Sick Leave. Permanent disability means the employee
suffers from a disabling physical injury or illness and is thereby prevented from
engaging in any County occupation for which the employee is qualified by reason
of education, training or experience. Sick leave may be used by permanently
disabled employees until all accruals of the employee have been exhausted or
until the employee is retired by the Retirement Board, subject to the following
conditions:
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a. An application for retirement due to disability has been filed with the
Retirement Board.
b. Satisfactory medical evidence of such disability is received by the
appointing authority within 30 days of the start of use of sick leave for
permanent disability.
c. The appointing authority may review medical evidence and order further
examination as deemed necessary, and may terminate use of sick leave
when such further examination demonstrates that the employee is not
disabled, or when the appointing authority determines that the medical
evidence submitted by the employee is insufficient, or where the above
conditions have not been met.
3. Communicable Disease. An employee may use paid sick leave credits when
under a physician's order to remain seclude d due to exposure to a
communicable disease.
4. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is
caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or
recovery there from, shall be allowed to utilize sick leave credit to the maximum
accrued by such employee during the period of such disability under the
conditions set forth below:
a. Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of d isability from
the employee's attending physician. The statement must address itself to
the employee's general physical condition having considered the nature of
the work performed by the employee, and it must indicate the date of the
commencement of the disability as well as the date the physician
anticipates the disability to terminate.
b. Sick leave may not be utilized after the employee has been released from
the hospital unless the employee has provided the County with a written
statement from her attending physician stating that her disability continues
and the projected dates of the employee's recovery from such disability.
5. Medical and Dental Appointments. An employee may use paid sick leave
credits:
a. For working time used in keeping medical and dental appointments for the
employee's own care; and
b. For working time used by an employee for pre -scheduled medical and
dental appointments for an immediate family member.
6. Emergency Care of Family. An employee may use paid sick leave credits for
working time used in cases of illness or injury to an immediate family member.
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7. Death of Family Member. An employee may use paid sick leave credits for
working time used because of a death in the employee's immediate family or of
the employee’s domestic partner, but this shall not exceed three (3) working
days, plus up to two (2) days of work time for necessary travel. Use of additional
accruals including sick leave when appropriate may be authorized in conjunction
with the bereavement leave at the discretion of the appointing authority.
8. Legal Adoption of a Child. Paid sick leave credits may be used by an employee
upon adoption of the child.
9. Accumulated paid sick leave credits may not be used in the following situations:
a. Vacation. Paid sick leave credits may not be used for an employee's illness or
injury which occurs while he/she is on vacation but the Public Defender may
authorize it when extenuating circumstances exist and the appointing authority
approves.
b. Not in Pay Status. Paid sick leave credits may not be used when the employee
would otherwise be eligible to use paid sick leave credits but is not in pay status.
12.4 Administration of Sick Leave. The proper administration of sick leave is a
responsibility of the employee and the department head. Unl ess otherwise provided in the
supplemental sections of this MOU, the following procedures apply:
A. Employee Responsibilities
1. Employees are responsible for notifying their department of an absence prior to
the commencement of their work shift or as soon the reafter as possible.
Notification shall include the reason and possible duration of the absence.
2. Employees are responsible for keeping their department informed on a
continuing basis of their condition and probable date of return to work.
3. Employees are responsible for obtaining advance approval from their supervisor
for the scheduled time of pre-arranged personal or family medical and dental
appointments.
4. Employees are encouraged to keep the department advised of (1) a current
telephone number to which sick leave related inquiries may be directed, and (2)
any condition(s) and/or restriction(s) that may reasonably be imposed regarding
specific locations and/or persons the department may contact to verify the
employee's sick leave.
B. Department Responsibilities. The use of sick leave may properly be denied if these
procedures are not followed. Abuse of sick leave on the part of the employee is cause
for disciplinary action. Departmental approval of sick leave is a certification of the
legitimacy of the sick leave claim. The department head or designee may make
reasonable inquiries about employee absences. The department may require medical
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verification for an absence of three (3) or more working days. The department may
also require medical verification for absences of less than three (3) working days for
probable cause if the employee had been notified in advance in writing that such
verification was necessary. Inquiries may be made in the following ways:
1. Calling the employee's residence telephone number or other contact telephone
number provided by the employee if telephone notification was not made in
accordance with departmental sick leave call-in guidelines. These inquiries shall
be subject to any restrictions imposed by the employee under subsecti on 12.4
(Administration of Sick Leave) paragraph A.
2. Obtaining the employee's signature on the Absence/Overtime Record, or on
another form established for that purpose, as employee certification of the
legitimacy of the claim.
3. Obtaining the employee's written statement of explanation regarding the sick
leave claim.
4. Requiring the employee to obtain a physician's certificate or verification of the
employee's illness, date(s) the employee was incapacitated, and the employee's
ability to return to work, as specified above.
5. In absences of an extended nature, requiring the employee to obtain from their
physician a statement of progress and anticipated date on which the employee
will be able to return to work, as specified above. Department heads are
responsible for establishing timekeeping procedures which will insure the
submission of a time card covering each employee absence and for operating
their respective offices in accordance with these policies and with clarifying
regulations issued by the Office of the County Administrator. To help assure
uniform policy application, the Director of Human Resources or designated
management staff of the County Human Resources Department should be
contacted with respect to sick leave determinations about which the depart ment
is in doubt.
12.5 Disability.
A. An employee physically or mentally incapacitated for the performance of duty is subject
to dismissal, suspension or demotion, subject to the County Employees Retirement Law
of 1937. An appointing authority after giving notice may place an employee on leave if
the appointing authority has filed an application for disability retirement for the
employee, or whom the appointing authority believes to be temporarily or permanently
physically or mentally incapacitated for the performance of the employee’s duties.
B. An appointing authority who has reasonable cause to believe that there are physical or
mental health conditions present in an employee which endanger the health or safety of
the employee, other employees, or the public, or which impair the employee's
performance of duty, may order the employee to undergo at County expense and on
the employees paid time a physical, medical examination by a licensed physician
and/or a psychiatric examination by a licensed physician or psychologist, and receive a
report of the findings on such examination. If the examining physician or psychologist
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recommends that treatment for physical or mental health problems, including leave, are
in the best interests of the employee or the County in relation to the employee
overcoming any disability and/or performing his or her duties the appointing authority
may direct the employee to take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without prejudice to the
employee's right to use sick leave, vacation, or any other benefit to which the employee
is entitled other than regular salary. The Director of Human Resources may order lost
pay restored for good cause and subject to the employee's duty to mitigate damages.
D. Before an employee returns to work from any absence for illness or injury, other leave
of absence or disability leave, exceeding two weeks in duration, the appointing authority
may order the employee to undergo at County expense a physical, medical, and/or
psychiatric examination by a licensed physician, and may consider a report of the
findings on such examination. If the report shows that such employee is physically or
mentally incapacitated for the performance of duty, the appo inting authority may take
such action as he/she deems necessary in accordance with appropriate provisions of
this MOU.
E. Before an employee is placed on an unpaid leave of absence or suspended because of
physical or mental incapacity under subsection 12 .5 (Disability) paragraphs (A) or (B),
the employee shall be given notice of the proposed leave of absence or suspension by
letter or memorandum, delivered personally or by certified mail, containing the
following:
1. A statement of the leave of absence or suspension proposed.
2. The proposed dates or duration of the leave or suspension which may be
indeterminate until a certain physical or mental health condition has been
attained by the employee.
3. A statement of the basis upon which the action is being taken.
4. A statement that the employee may review the materials upon which the action is
taken.
5. A statement that the employee has until a specified date (not less than seven (7)
work days from personal delivery or mailing of the notice) to respond to the
appointing authority orally or in writing.
F. Pending response to the notice the appointing authority for cause specified in writing
may place the employee on a temporary leave of absence with pay.
G. The employee to whom the notice has been delivered or maile d shall have seven (7)
work days to respond to the appointing authority either orally or in writing before the
proposed action may be taken.
H. After having complied with the notice requirements above, the appointing authority may
order the leave of absence or suspension in writing stating specifically the basis upon
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which the action is being taken, delivering the order to the employee either personally
or by mail, effective either upon personal delivery or deposit in the US Postal Service.
I. An employee who is placed on leave or suspended under this section may, within ten
(10) calendar days after personal delivery or mailing to the employee of the order,
appeal the order in writing through the Director of Human Resources to the Merit Board.
Alternatively, the employee may file a written election with the Director of Human
Resources waiving the employee's right to appeal to the Merit Board in favor of appeal
to a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disab ility 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 t o
prevent, preclude, or impair the employee's performance of duty, or is not
sufficient to endanger the health or safety of the employee, other employees, or
the public.
K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the
Director of Human Resources to the Merit Board for hearing under the Merit Board's
Procedures, Section 1114-1128 inclusive. Medical reports submitted in evidence in
such hearings shall remain confidential information and shall not be a part of the public
record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and his representative)
will meet with the County's representative to mutually select the Disability Review
Arbitrator, who may be a de facto arbitrator, or a physician, or a re habilitation specialist,
or some other recognized specialist mutually selected by the parties. The arbitrator’s
fees and expenses shall be paid one -half by the County and one-half by the employee
or the employee’s Association. The arbitrator shall hear a nd review the evidence. The
decision of the Disability Review Arbitrator shall be binding on both the County and the
employee. The scope of the arbitrator's review shall be as follows:
1. The arbitrator may affirm, modify or revoke the leave of absence or suspension.
2. The arbitrator may make his decision based only on evidence submitted by the
County and the employee.
3. The arbitrator may order back pay or paid sick leave credits for any period of
leave of absence or suspension if the leave or suspension is found not to be
sustainable, subject to the employee's duty to mitigate damages.
12.6 Workers' Compensation.
A. Benefit Level. A permanent employee shall continue to receive the appropriate percent
of regular monthly salary for all accepted claims filed before January 1, 2000, during
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any period of compensable temporary disability absence not to exceed one year. For
all accepted claims filed with the County on or after January 1, 2000, the percentage of
pay for employees entitled to Workers’ Compensation shall be decreased from 87% to
86%. For all accepted claims filed with the County on or after January 1, 2007, the
percentage of pay for employees entitled to Workers’ Compensation shall be
decreased from 86% to 80%. For all accepted claims filed with t he County on or after
January 1, 2008, the percentage of pay for employees entitled to Workers’
Compensation shall be decreased from 80% to 75%. If Workers’ Compensation
becomes taxable, the County agrees to restore the original benefit level (100% of
monthly salary) and the parties shall meet and confer with respect to funding the
increased cost.
B. Waiting Period. There is a three (3) calendar day waiting period before Workers'
Compensation benefits commence. If the injured worker loses anytime on the da y of
injury, that day counts as day one (1) of the waiting period. If the injured worker does
not lose time on the date of injury, the waiting period will be the first three (3) calendar
days the employee does not work because of the injury. The time the employee is
scheduled to work during this waiting period will be charged to the employee's sick
leave and/or vacation accruals. In order to qualify for Workers' Compensation the
employee must be under the care of a physician. Temporary compensation is p ayable
on the first three (3) days of disability when the injury necessitates hospitalization, or
when the disability exceeds fourteen (14) days.
C. Continuing Pay. A permanent employee shall receive the appropriate percentage as
outlined above of regular monthly salary during any period of compensable temporary
disability not to exceed one (1) year. Payment of continuing pay and/or temporary
disability compensation is made in accordance with Part 2, Article 3 of the Workers’
Compensation Laws of California. "Compensable temporary disability absence" for the
purpose of this Section, is any absence due to work connected disability which qualifies
for temporary disability compensation as set forth in Part 2, Article 3 of the Workers’
Compensation Laws of California. When any disability becomes medically permanent
and stationary and/or reaches maximum medical improvement, the salary provided by
this Section shall terminate. No charge shall be made against sick leave or vacation for
these salary payments. Sick leave and vacation rights shall not accrue for those
periods during which continuing pay is received. Employees shall be entitled to a
maximum of one (1) year of continuing pay benefits.
D. Termination of Continuing Pay. Continuing pay begins at the same time that temporary
Workers' Compensation benefits commence and continues until either the member is
declared medically permanent/stationary and/or reaches maximum medical
improvement, or until one (1) year of continuing pay, whichever comes first provided the
employee remains in an active employed status. Continuing pay is automatically
terminated on the date an employee is separated from County service by resignation,
retirement, layoff, or the employee is no longer employed by the County. In t hese
instances, employees will be paid Workers’ Compensation benefits as prescribed by
Workers’ Compensation laws. All continuing pay will be cleared through the County
Administrator’s Office, Risk Management Division. Whenever an employee who has
been injured on the job and has returned to work is required by an attending physician
to leave work for treatment during working hours the employee shall be allowed time off
SECTION 12 - SICK LEAVE
CCC Defenders Assn -35- 7/1/11 – 6/30/15 MOU
up to three (3) hours for such treatment without loss of pay or benefits, provided the
employee notifies his/her supervisor of the appointment at least three (3) working days
prior to the appointment or as soon as the employee becomes aware the appointment
has been made. Said visits are to be scheduled contiguous to either the beginning or
end of the scheduled work day whenever possible. This provision applies only to
injuries/illnesses that have been accepted by the County as work related.
E. Extended Temporary Disability. If an injured employee remains eligible for temporary
disability beyond one year, applicable salary will continue by integrating sick leave
and/or vacation accruals with Workers' Compensation benefits (vacation charges to be
approved by the department and the employee). If salary integration is no longer
available, Workers' Compensation benefits will be paid directly to the employee as
prescribed by Workers' Compensation laws.
F. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation rehabilitation temporary disability benefits and whose disability is
medically permanent and stationary and/or reaches maximum medical improvement,
will continue to receive salary by integrating sick leave and/or vacation accruals with
Workers' Compensation rehabilitation temporary disability benefits until t hose accruals
are exhausted. Thereafter, the rehabilitation temporary disability benefits will be paid
directly to the employee.
G. 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.
H. Method of Integration. An employee's sick leave and/or vacation charges shall be
calculated as follows:
C = 8 [1 - (W÷S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
For example:
W = $960 per month Workers' Compensation
S = $1667 per month salary
8 = 8 hours
C = Hours to be charged to Sick Leave
C = 8 [1 - ($960 ÷ $1,667)]
C = 8 [1 - (.5758)]
C = 8 (.4242)
C = 3.39
3 hours chargeable to sick leave
5 hours chargeable to Workers' Compensation
12.7 Long-Term Disability Insurance. Deputy Public Defenders will be covered by a long-
term disability insurance policy identical with that current ly covering employees in the Deputy District
Attorney class series.
SECTION 12 - SICK LEAVE
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12.8 State Disability Insurance (SDI).
A. Applicability. This subsection 12.8, State Disability Insurance, applies only to Public
Defender Investigators.
B. General Provisions. Contra Costa County participates in the State Disability Insurance
(SDI) program, subject to the rules and procedures established by the State of
California. The County augments the SDI program with its SDI Integration Program.
Changes to the State Disability Insurance program could affect the County’s SDI
Integration Program. Determination of SDI payments and eligibility to receive payments
is at the sole discretion of the State of California. Employees eligible for SDI benefits
are required to apply for SDI bene fits and to have those benefits integrated with the use
of their sick leave accruals on the following basis:
“Integration” means that employees are required to use their sick leave accruals to
supplement the difference between the amount of the SDI payme nt and the employee’s
base monthly salary. Integration of sick leave with the SDI benefit is automatic and
cannot be waived. Integration applies to all SDI benefits paid. For employees off work,
on disability, and receiving SDI, the employee’s County department will make
appropriate integration adjustments, including retroactive adjustments, if necessary.
Employees must inform their department of a disability in a timely manner in order for
the department to make appropriate integration adjustments. SD I benefit payments will
be sent directly to the employee by the State of California.
When there are insufficient sick leave accruals available to fully supplement the
difference between the amount of the SDI payment and the employee’s base monthly
salary, accruals other than sick leave may be used to supplement the difference
between the amount of the SDI payment and the employee’s base monthly salary.
These accruals may be used only to the extent that the total payment does not exceed
the employee’s base monthly salary.
C. Procedures. Employees with more than one and two tenths (1.2) hours of sick leave
accruals at the beginning of the disability integration period must integrate their sick
leave accrual usage with their SDI benefit to the maximum exte nt possible.
When employees have one and two tenths (1.2) hours or less of sick leave accruals at
the beginning of the disability integration period, the Department will automatically use
one tenth (1/10th) hours of sick leave per month for the duration of their SDI benefit.
When the SDI benefit is exhausted, integration terminates. The employee then may
continue to use sick leave without integration and/or other accruals.
When sick leave accruals are totally exhausted, integration with the SDI benef it
terminates.
Employees whose SDI claims are denied must present a copy of their claim denial to
their Department. The Department will then authorize the use of unused sick leave
and/or other accruals as appropriate.
SECTION 13 - CATASTROPHIC LEAVE BANK
CCC Defenders Assn -37- 7/1/11 – 6/30/15 MOU
D. Method of Integration. For purposes of integration with the SDI program, all full-time
employees’ schedules will be converted to eight (8) hour/five (5) day weekly work
schedules.
The formula for full time employees’ sick leave integration charges is as follows:
L = [S-D ÷ S] x 8
S = Employee Base Monthly Salary
H = Estimated Highest Quarter (3 mos) Earnings [H = S x 3]
W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table
C = Calendar Days In Each Month
D = Estimated Monthly SDI Benefit [D=(W ÷ 7) x C]
L = Sick Leave Hours Charged Per Day
Permanent part-time employees, permanent-intermittent employees, and full-time employees who
are working a light/limited duty reduced schedule, will have their sick leave integration adjusted
accordingly.
E. Definition. “Base Monthly Salary”, for purposes of the SDI integration program, is
defined as the salary amount of the employee’s step on the salary schedule of the
employee’s classification at the time of integration.
F. No Buy-Back. Employees will not be allowed to buy back sick leave hours used by the
employee while on SDI.
12.8 Accrual During Leave Without Pay. No employee who has been granted a leave
without pay or an unpaid military leave shall accrue any sick leave credits during the time of such
leave nor shall an employee who is absent without pay accrue sick leave credits during the absence.
SECTION 13 - CATASTROPHIC LEAVE BANK
13.1 Program Design. The County Human Resources Department will operate a
Catastrophic Leave Bank which is designed to assist any Count y employee who has exhausted all
paid accruals due to a serious or catastrophic illness, injury, or condition of the employee or family
member. The program establishes and maintains a Countywide bank wherein any employee who
wishes to contribute may authorize that a portion of his/her accrued vacation or personal holiday
credit be deducted from those account(s) and credited to the Catastrophic Leave Bank. Employees
may donate hours either to a specific eligible employee or to the bank. Upon approval, cre dits from
the Catastrophic Leave Bank may be transferred to a requesting employee's sick leave account so
that employee may remain in paid status for a longer period, thus partially ameliorating the financial
impact of the illness, injury, or condition. C atastrophic illness or injury is defined as a critical medical
condition, a long-term major physical impairment or disability which manifests itself during
employment.
SECTION 13 - CATASTROPHIC LEAVE BANK
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13.2 Operation.
A. The plan will be administered under the direction of the Director of Human Resources.
The Human Resources Department will be responsible for receiving and recording all
donations of accruals and for initiating transfer of credits from the bank to the recipient's
sick leave account. Disbursement of accruals will be subject to the approval of a six (6)
member committee composed of three (3) members appointed by the County
Administrator and three (3) members appointed by the majority representative
employee organizations. The committee shall meet as necessary to consider all
requests for credits and shall make determinations as to the appropriateness of the
request. The committee shall determine the amount of accruals to be awarded for
employees whose donations are nonspecific. Consideration of all requests by the
committee will be on an anonymous requester basis.
B. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of
sick leave accruals and shall be treated as regular sick leave accruals. To receive
credits under this plan, an employee must have permanent status, must have
exhausted all time off accruals to a level below eight (8) hours total, have applied for a
medical leave of absence and have medical verification of need. Donations are
irrevocable unless the donation to the eligible e mployee is denied. Donations may be
made in hourly blocks with a minimum donation of not less than four (4) hours per
donation from balances in the vacation, holiday, floating holiday, compensatory time, or
holiday compensatory time accounts. Employees who elect to donate to a specific
individual shall have seventy-five percent (75%) of their donation credited to the
individual and twenty-five percent (25%) credited to the Catastrophic Leave Bank. Time
donated will be converted to a dollar value and the dollar value will be converted back
to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will
not be on a straight hour-for-hour basis. All computations will be on a standard 173.33
basis, except that employees on other than a forty (40) hour week will have hours
prorated according to their status.
C. Any recipient will be limited to a total of one thousand forty (1040) hours or its
equivalent per catastrophic event; each donor will be limited to one hundred twenty
(120) hours per calendar year.
D. No element of this plan is grievable. All appeals from either a donor or recipient will be
resolved on a final basis by the Director of Human Resources. No employee will have
any entitlement to catastrophic leave benefits. The award of Catastrophic Leave will be
at the sole discretion of the committee, both as to amounts of benefits awarded and as
to persons awarded benefits. Benefits may be denied, or awarded for less than six (6)
months. The committee will be entitled to limit benefits in accordance with available
contributions and to choose from among applicants, on an anonymous basis, those
who will receive benefits, except for hours donated to a specific employee. In the event
a donation is made to a specific employee and the committee determines the employee
does not meet the Catastrophic Leave Bank criteria, the donating employee may
authorize the hours to be donated to the bank or returned to the donor’s account. The
donating employee will have fourteen (14) calend ar days from notification to submit
his/her decision regarding the status of their donation, or the hours will be irrevocably
SECTION 14 - LEAVE OF ABSENCE
CCC Defenders Assn -39- 7/1/11 – 6/30/15 MOU
transferred to the Catastrophic Leave Bank. Any unused hours transferred to a
recipient will be returned to the Catastrophic Leave Bank.
SECTION 14 - LEAVE OF ABSENCE
14.1 Leave Without Pay. Any employee who has permanent status may be granted a leave
of absence without pay upon written request, approved by the appointing authority; provided,
however, that leaves for pregnancy, pregnancy disability, serious health conditions, and family care
shall be granted in accordance with applicable state and federal law.
14.2 General Administration - Leaves of Absence.
A. Requests for leave without pay shall be made upon forms prescribed by the Director of
Human Resources and shall state specifically the reason for the request, the date when
it is desired to begin the leave, and the probable date of return. Leave without pay may
be granted for any of the following reasons:
1. Illness or disability.
2. Pregnancy.
3. Parental.
4. To take a course of study such as will increase the employee's usefulness on
return to the position.
5. For other reasons or circumstances acceptable to the appointing authority.
B. An employee must request a leave of absence without pay at least thirty (30) days
before the leave is to begin if the need for the leave is foreseeable. If the need is not
foreseeable, the employee must provide written notice to the Public Defender within five
(5) days of learning of the event by which the need for the leave of absence arises.
C. A leave without pay may be for a period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. The procedure in
granting extensions shall be the same as that in granting the original leave, provided
that the request for extension must be made not later than thirty (30) calendar days
before the expiration of the original leave.
D. Whenever an employee who has been granted a leave without any pay desires to
return before the expiration of such leave, the employee shall submit a request to the
appointing authority in writing at least fifteen (15) days in advance of the proposed
return. Early return is subject to prior approval by the appointing authority. The Human
Resources Department shall be notified promptly of such return.
E. Except in the case of leave of absence due to family care, pregnancy, pregnancy
disability, illness, or serious health condition, the decision of the appointing authority on
granting or denying a leave or early return from leave shall be subject to appeal to the
SECTION 14 - LEAVE OF ABSENCE
CCC Defenders Assn -40- 7/1/11-6/30/15 MOU
Director of Human Resources and not subject to appeal through the grievance
procedure set forth in this MOU.
14.3 Furlough Days Without Pay (Voluntary Time Off or “V.T.O.”). Subject to the prior
written approval of the appointing authority, employees may elect to take furlough days or hours
without pay (pre-authorized absence without pay), up to a maximum of fifteen (15) calendar days for
any one period. Longer pre -authorized absences without pay are considered leaves of absence
without pay. Employees who take furlough time shall have their compensation for the portion of the
month worked computed in accord with subsection 5.6 (Compensation for Portion of Month ) of this
MOU. Full-time and part-time employees who take furlough time shall have their vacation, sick leave,
floating holiday, and any other payroll computed accruals computed as though they had worked the
furlough time. When computing vacation, sick leave, floating holiday and other accrual credits for
employees taking furlough time, this provision shall supersede subsections 10.1 (Holidays
Observed), 11.1 (Vacation Allowance), 11.4 (Accrual During Leave Without Pay), 12.2 (Credits to
and Charges Against Sick Leave), and 12.7 (Accrual During Leave Without Pay) of this MOU
regarding the computation of vacation, sick leave, floating holiday, and other accrual credits as
regards furlough time only. For payroll purposes, furlough time (absence without pay with prior
authorization of the appointing authority) shall be reported separately from other absences without
pay to the Auditor-Controller. The existing V.T.O. program shall be continued for the life of the
contract.
14.4 Military Leave. Any employee who is ordered to serve as a member of the State Militia
or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall
be granted a military leave for the period of such service, plus ninety (90) days. Additionally, any
employee who volunteers for service during a mobilization under Executive Order of the President or
Congress of the United States and/or the State Governor in time of emergency shall be granted a
leave of absence in accordance with applicable state or federal laws. U pon 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, because of such absence, suffer any
loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor
shall the employee be prejudiced thereby with reference to salary adjustments or continuation of
employment. For purposes of determining eligibility for salary adjustments or seniority in case of
layoff or promotional examination, time on military leave shall be considered as time in County
service.
Any employee who has been granted a military leave, may upon return, be required to furnish such
evidence of performance of military service or of honorable discharge as the Director of Human
Resources may deem necessary.
14.5 Family Care and Medical Leave (FMLA/CFRA). Upon request to the Public Defender,
any eligible employee shall be entitled to twelve (12) weeks leave (less if so requested by the
employee) in any twelve (12) month period for any of the reasons set forth in the federal Family
Medical Leave Act (FMLA) and California Family Rights Act (CFRA). The twelve (12) month period in
which the twelve week leave entitlement occurs is a “rolling” twelve (12) month period measured
backward from the date an employee uses any FMLA/CFRA leave. Under the “rolling” twelve (12)
month period, each time an employee takes FMLA/CFRA leave, the remaining leave entitlement
SECTION 14 - LEAVE OF ABSENCE
CCC Defenders Assn -41- 7/1/11 – 6/30/15 MOU
would be any balance of the twelve (12) weeks which has not been used during the immediately
preceding twelve (12) months. FMLA/CFRA leave eligibility and use will be administered in
accordance with the FMLA and CFRA and their implementing regulations, as revised from time to
time.
14.6 Pregnancy Disability Leave/How Leave Is Counted.
Insofar as pregnancy disability leave is used under subsection 12.3, paragraph B, sub-paragraph 4
(Sick Leave Utilization for Pregnancy Disability), that time will not be considered a part of the twelve
(12) week family care leave period.
14.7 Group Health Plan Coverage. Employees who were members of one of the group
health plans prior to commencement of their leave of absence can maintain their health plan
coverage with the County contribution by maintaining their employment in pay status as described in
subsection 14.8 (Leave Without Pay – Use of Accruals). During the twelve (12) weeks of an
approved family medical leave under subsection 14.5 (Family Care And Medical Leave) above, the
County will continue its contribution for such health plan coverage even if accruals are not available
for use to maintain pay status as required under subsection 14.8 (Leave Without Pay – Use of
Accruals). In order to maintain such coverage, employees are required to pay timely the full
employee contribution to maintain their group health plan coverage, either through payroll deduction
or by paying the County directly.
14.8 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of any leave of
absence without pay, an employee may elect to maintain pay status each month by
using available sick leave (if so entitled under subsection 12.3 - Policies Governing the
Use of Paid Sick Leave), vacation, floating holiday, or other accruals or entitlements; in
other words, during the first twelve (12) months, a leave of absence wi thout pay may be
"broken" into segments and accruals used on a monthly basis at the employee's
discretion. After the first twelve (12) months, the leave period may not be "broken" into
segments and accruals may not be used, except when required by Long Te rm Disability
(“LTD”) Benefit Coordination (for employees in the Public Defender series) or by Sick
Leave Integration or as provided in the sections below.
B. California Family Rights Act (CFRA) and Federal Medical Leave Act (FMLA). During
the twelve (12) weeks of an approved family medical leave (FMLA/CFRA), if a portion
of that leave will be on a leave of absence without pay, the employee will be required to
use at least 0.1 hour of sick leave (if so entitled under subsection 12.3 - Policies
Governing the Use of Paid Sick Leave), vacation, floating holiday, or other accruals or
entitlements if such are available, although use of additional accruals is permitted under
subsection 14.8, paragraph A (All Leaves of Absence) above.
SECTION 14 - LEAVE OF ABSENCE
CCC Defenders Assn -42- 7/1/11-6/30/15 MOU
C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible
employee who files an LTD claim and concurrently takes a leave of absence without
pay will be required to use accruals as provided in subsection 14.8 (All Leaves of
Absence) paragraph B herein during the twelve (12) week entitlement period of a
medical leave specified above. If an eligible employee continues beyond the twelve
(12) week entitlement period on a concurrent leave of absence/LTD claim, the
employee may choose to maintain further pay status only as allowed under subsection
14.8 paragraph A (All Leaves of Absence) herein.
D. Sick leave accruals may not be used during any leave of absence, except as allowed
under subsection 12.3 (Policies Governing the Use of Paid Sick leave).
14.9 Leave of Absence Replacement and Reinstatement. Any permanent employee who
requests reinstatement to the classification held by the employee in the same department at the time
the employee was granted a leave of absence, shall be reinstated to a position in that classification
and department and then only on the basis of seniority. In case of severance from service due to the
reinstatement of a permanent employee, the provisions of Section 10 (Workforce
Reduction/Layoff/Reassignment) shall apply.
14.10 Reinstatement From Family Care/Medical Leave. In the case of a family care or
medical leave, an employee on a 5/40 schedule shall be reinstated to the same or comparable
position if the return to work is after no more than ninety (90) work days of leave from the initial date
of a continuous leave, including use of accruals, or within the equivalent on an alternate work
schedule. A full-time employee taking an intermittent or reduced work schedule leave shall be
reinstated to the same or comparable position if the return to work on a full schedule is after no more
than seven hundred twenty (720) hours, including use of accruals, of intermittent or reduced
schedule leave. At the time the original leave is approved, the appointing authority shall notify the
employee in writing of the final date to return to work, or the maximum number of hours of leave, in
order to guarantee reinstatement to the same or comparable position. An employee on a schedule
other than 5/40 shall have the time frame for reinstatement to the same or comparable position
adjusted on a pro rata basis.
14.11 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.
14.12 Unauthorized Absence. An unauthorized absence from the work site or failure to
report for duty after a leave request has been disapproved, revoked, or canceled by the appointing
authority, or at the expiration of a leave, shall be without pay. Such absence may also be grounds for
disciplinary action.
SECTION 15 - JURY DUTY AND WITNESS DUTY
CCC Defenders Assn -43- 7/1/11 – 6/30/15 MOU
SECTION 15 - JURY DUTY AND WITNESS DUTY
15.1 Jury Duty.
A. When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
B. Employees shall advise their department as soon as possible if scheduled to appear for
jury duty.
C. If summoned for jury duty in a Superior or Federal Court, or a Coroners jury, employees
may remain in their regular County pay status, or they may take paid leave (vacation,
floating holiday, etc.) or leave without pay and retain all fees and expenses paid to
them.
D. When an employee is summoned for jury duty selection or is selected as a juror in a
Superior or Federal Court, employees may remain in a regular pay status if they waive
all fees (other than mileage), regardless of shift assignment and the following shall
apply:
1. If an employee elects to remain in a regular pay status and waive or surrender all
fees (other than mileage), the employee shall obtain from the Clerk or Jury
Commissioner a certificate indicating the days attended and noting that fees
other than mileage are waived or surrendered. The employee shall furnish the
certificate to his department where it will be retained as a department record. An
"Absence/Overtime Record" (“AOR”) is not required.
2. An employee who elects to retain all fees must take leave (vacation, floating
holiday, etc.) or leave without pay. A court certificate is not required but an
Absence/Overtime Record (“AOR”) must be submitted to the department payro ll
clerk.
E. Employees are not permitted to engage in any employment regardless of shift
assignment or occupation before or after daily jury service that would affect their abili ty
to properly serve as jurors.
F. An employee on short notice standby to report to court, whose job duties make short
notice response impossible or impractical, shall be given alternate work assignments for
those days to enable them to respond to the court on short notice.
G. When an employee is required to serve on jury du ty, the County will adjust that
employee's work schedule to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee requests otherwise.
15.2 Witness Duty. Employees called upon as a witness or an expert witness in a case
arising in the course of their work or the work of another department may remain in their regular pay
status and turn over to the County all fees and expenses paid to them other than mileage allowance
or they may take vacation leave or leave with out pay and retain all fees and expenses.
SECTION 16 - HEALTH, LIFE & DENTAL CARE
CCC Defenders Assn -44- 7/1/11-6/30/15 MOU
Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and
family relations) shall take vacation leave or leave without pay and retain all witness fees paid to
them.
Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set
forth in subsection 15.1 (Jury Duty) of this MOU.
Employees shall advise their department as soon as possible if schedul ed to appear for witness duty.
SECTION 16 - HEALTH, LIFE & DENTAL CARE
16.1 Health Plan Coverage.
A. The County will provide the medical and dental coverage for permanent employees
regularly scheduled to work twenty (20) or more hours per week and for their eligible
family members, expressed in one of the Health Plan contracts and one of the Dental
Plan contracts between the County and the following providers:
1. Contra Costa Health Plans (CCHP)
2. Kaiser Permanente Health Plan
3. Health Net
4. Delta Dental
5. DeltaCare (PMI)
Employee Co-pays for these plans are as shown on Attachment B.
16.2 Monthly Premium Subsidy:
A. For each health and/or dental plan, the County’s monthly premium subsidy is a set dollar
amount and is not a percentage of the premium charged by the plan. The Coun ty will pay the
following monthly premium subsidy:
1. Contra Costa Health Plans (CCHP), Plan A
Single: $ 509.92
Family: $1,214.90
2. Contra Costa Health Plans (CCHP), Plan B
Single: $ 528.50
Family: $1,255.79
3. Kaiser Permanente Health Plan
Single: $ 478.91
Family: $1,115.84
4. Health Net HMO
Single: $ 627.79
SECTION 16 - HEALTH, LIFE & DENTAL CARE
CCC Defenders Assn -45- 7/1/11 – 6/30/15 MOU
Family: $1,540.02
5. Health Net PPO
Single: $ 604.60
Family: $1,436.25
6. Delta Dental with CCHP A or B
Single: $41.17
Family: $93.00
7. Delta Dental with Kaiser or Health Net
Single: $34.02
Family: $76.77
8. Delta Dental without a Health Plan
Single: $43.35
Family: $97.81
9. DeltaCare (PMI) with CCHP A or B
Single: $25.41
Family: $54.91
10. DeltaCare (PMI) with Kaiser or Health Net
Single: $21.31
Family: $46.05
11. DeltaCare (PMI) without a Health Plan
Single: $27.31
Family: $59.03
B. If the County contracts with a health or dental plan that is not listed above the County will
determine the monthly dollar premium subsidy that it will pay to that health o r dental plan
provider for employees and their eligible family members.
C. In the event that the County premium subsidy amounts are g reater than one hundred percent
(100%) of the applicable premium of any health or dental plan, for any plan year, the Coun ty’s
contribution will not exceed one hundred percent (100%) of the applicable plan premium.
16.3 Retirement Coverage:
A. Upon Retirement:
1. Upon retirement and for the term of this agreement, eligible employees and their
eligible family members may remain in their County health/dental plan, but without
County-paid life insurance coverage, if immediately before their proposed retirement
the employees and dependents are either active subscribers to one of the County
contracted health/dental plans or if while on authorized leave of absence without pay,
they have retained continuous coverage during the leave period. The County will pay
SECTION 16 - HEALTH, LIFE & DENTAL CARE
CCC Defenders Assn -46- 7/1/11-6/30/15 MOU
the health/dental plan monthly premium subsidies for eligible retirees and their eligible
family members set forth in subsection 16.2 - Monthly Premium Subsidy.
2. Any person who becomes age 65 on or after March 1, 2011, and who is eligible
for Medicare must immediately enroll in Medicare Parts A and B.
3. For employees hired on or after March 1, 2011, and their eligible family
members, no monthly premium subsidy will be paid by the County for any health or
dental plan after they separate from County employment. However, any such eligible
employee who retires under the Contra Costa County Employees’ Retirement
Association (“CCCERA”) may retain continuous coverage of a county health and/or
dental plan provided that (i) he or she begins to receive a monthly retirement allowance
from CCCERA within one hundred twenty (120) days of separation from County
employment and (ii) he or she pays the full premium cost under the health and/or dental
plan without any County premium subsidy.
B. Employees Who File For Deferred Retirement. Employees, who resign and file for a
deferred retirement and their eligible family members, may conti nue in their County
group health and dental plan under the following conditions and limitations.
1. Health and dental coverage during the deferred retirement period is totally at the
expense of the employee, without any County contributions.
2. Life insurance coverage is not included.
3. To continue health and dental coverage, the employee must:
a. be qualified for a deferred retirement under the 1937 Retirement Act
provisions;
b. be an active member of a County group health and/or dental plan at the
time of filing their deferred retirement application and elect to continue
plan benefits;
c. be eligible for a monthly allowance from the Retirement System and direct
receipt of a monthly allowance within twenty-four (24) months of
application for deferred retirement; and
d. file an election to defer retirement and to continue health benefits
hereunder with the County Benefits Division within thirty (30) days before
separation from County service.
4. Deferred retirees who elect continued health benefits h ereunder and their eligible
family members may maintain continuous membership in their County health
and/or dental plan group during the period of deferred retirement by paying the
full premium for health and dental coverage on or before the 10 th of each month,
to the Contra Costa County Auditor-Controller. When the deferred retirees begin
to receive retirement benefits, they will qualify for the same health and/or dental
SECTION 16 - HEALTH, LIFE & DENTAL CARE
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plan coverage pursuant to Subsection 16.3 (Retirement Coverage) paragraph A
as similarly situated retirees who did not defer retirement.
5. Deferred retirees may elect retiree health benefits hereunder without electing to
maintain participation in their County health and/or dental plan during their
deferred retirement period. When the deferred retirees begin to receive
retirement benefits, they will qualify for the same health and/or dental coverage
pursuant to Subsection 16.3 (Retirement Coverage) paragraph A as similarly
situated retirees who did not defer retirement, provided reinstat ement to a
County group health and/or dental plan will only occur following a three (3) full
calendar month waiting period after the month in which their retirement
allowance commences.
6. Employees who elect deferred retirement will not be eligible in an y event for
County health and/or dental plan subvention unless the member draws a
monthly retirement allowance within twenty-four (24) months after separation
from County service.
7. Deferred retirees and their eligible family members are required to meet the
same eligibility provisions for health/dental coverage as similarly situated retirees
who did not defer retirement.
C. Employees Hired After December 31, 2006 - Eligibility for Retiree Health Coverage: All
employees hired after December 31, 2006 are eligible for retiree health/dental coverage
pursuant to subsection 16.3 (Retirement Coverage) paragraphs (A) and (B), above,
upon completion of fifteen (15) years of service as an employee of Contra Costa
County. For purposes of retiree health eligibility, one (1) year of service is defined as
one thousand (1,000) hours worked within one anniversary year. The existing method
of crediting service while an employee is on an approved leave of absence will continue
for the duration of this Agreement.
D. Subject to the provisions of subsection 16.3 (Retirement Coverage) paragraphs A, B,
and C and upon retirement and for the term of this agreement, the following employees
(and their eligible family members) are eligible to receive a monthly premium subsidy
for health and dental plans or are eligible to retain continuous coverage of such plans:
each employee who retires from a position or classification that was represented by this
bargaining unit at the time of his or her retirement.
E. For purposes of this subsection 16.3 (Retirement Coverage) only, ‘eligible family
members’ does not include Survivors of employees or retirees.
16.4 Health Plan Coverages and Provisions. The following provisions are applicable
regarding County Health and Dental Plan participation:
A. Health, Dental and Life Participation by Other Employees: Permanent part-time
employees working nineteen (19) hours per week or less may participate in the County
Health or Dental plans (with the associated life insurance benefit) at the employee’s full
expense.
SECTION 16 - HEALTH, LIFE & DENTAL CARE
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B. Coverage Upon Separation: An employee who separates from County employment is
covered by his/her County health and/or dental plan through the last day of the month
in which he/she separates. Employees who separate from County employment ma y
continue group health and/or dental plan coverage to the extent provided by the
COBRA laws and regulations.
16.5 Family Member Eligibility Criteria: The following persons may be enrolled as the
eligible Family Members of a medical or dental plan Subscriber:
A. Health Insurance
1. Eligible Dependents:
a. Employee’s legal spouse
b. Employee’s qualified domestic partner
c. Employee’s child to age 26
d. Employee’s Disabled Child who is:
(1) over age 26,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a physical or mental
disability that existed prior to the child’s attainment of age 19.
2. “Employee’s child” includes natural child, step-child, child of a qualified domestic
partner, adopted child and a child specified in a Qualified Medical Child Support Order
(QMCSO) or similar court order.
B. Dental Insurance
1. Eligible Dependents:
a. Employee’s legal spouse
b. Employee’s qualified domestic partner
c. Employee’s unmarried child who is:
(1) Under age 19; or
(2) Age 19, or above, but under age 24; and,
i. Resides with the Employee for more than 50% of the year
excluding time living at school; and,
ii. Receives at least 50% of support from Employee; and,
iii. Is enrolled and attends school on a full-time basis, as defined by
the school.
d. Employee’s disabled child who is:
(1) Over age 19,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a physical or mental
disability that existed prior to the child’s attainment of age 19.
2. “Employee’s child” includes natural child, child of a qualified domestic partner, step -
child, adopted child and a child specified in a Qualified Medical Child Support Order (QMCSO)
or similar court order.
SECTION 16 - HEALTH, LIFE & DENTAL CARE
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16.6 Dual Coverage.
A. Each employee and retiree may be covered by only a single County health (or dental) plan,
including a CalPERS plan. For example, a County employee may be covered under a single
County health and/or dental plan as either the primary insured or the dependent of another
County employee or retiree, but not as both the primary insured and the dependent of another
County employee or retiree.
B. All dependents, as defined in Section 16.5, (Family Member Eligibility Criteria), may be
covered by the health and/or dental plan of only one spou se or one domestic partner. For
example, when both husband and wife are County employees, all of their eligible children may
be covered as dependents of either the husband or the wife, but not both.
C. For purposes of this subsection 16.7 (Dual Coverage) only, “County” includes the County of
Contra Costa and all special districts governed by the Board of Supervisors, including, but not
limited to, the Contra Costa County Fire Protection District.
16.7 Life Insurance Benefits. For employees who are enrolled in the County’s program of
medical or dental coverage as either the primary or the dependent, term life insurance in the amount
of ten thousand dollars ($10,000) will be provided by the County. For Deputy Public Defender
Attorneys, additional Group Term Life Insurance in the amount of forty-five thousand dollar ($45,000)
will be provided by the County.
16.8 Supplemental Life Insurance. In addition to the life insurance benefits provided by
this agreement, employees may subscribe voluntarily and at th eir own expense for supplemental life
insurance. Employees may subscribe for an amount not to exceed five hundred thousand dollars
($500,000), of which one hundred thousand ($100,000) is a guaranteed issue, provided the election
is made within the required enrollment periods.
16.9 Health Care Spending Account. After six (6) months of permanent employment, full
and part-time (20/40 or greater) employees may elect to participate in a Health Care Spending
Account (HCSA) Program designated to qualify for tax savings under Section 125 of the Internal
Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set
aside a predetermined amount of money from their pay, not to exceed the maximum amount
authorized by federal law, per ca lendar year, of before tax dollars, for health care expenses not
reimbursed by any other health benefit plans. HCSA dollars may be expended on any eligible
medical expenses allowed by Internal Revenue Code Section 125. Any unused balance is forfeited
and cannot be recovered by the employee.
16.10 PERS Long-Term Care. The County will deduct and remit monthly premiums to the
PERS Long-Term Care Administrator for employees who are eligible and voluntarily elect to
purchase long-term care at their personal expense through the PERS Long-Term Care Program.
16.11 Dependent Care Assistance Program. The County offers the option of enrolling in a
Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under Section 129
of the Internal Revenue Code, but such savings are not guaranteed. The program allows employees
to set aside a predetermined amount of annual salary not to exceed the lesser of either five
thousand dollars ($5,000) or the maximum amount authorized by federal law, of annual salary
SECTION 17 - PROBATIONARY PERIOD
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(before taxes) per calendar year, of before-tax dollars to pay for eligible dependent care (child and
elder care) expenses. Any unused balance is forfeited and cannot be recovered by the employee.
16.12 Premium Conversion Plan. The County offers the Premium Conversion Plan (PCP)
designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but tax savings
are not guaranteed. The program allows employees to use pre -tax dollars to pay health and dental
premiums.
16.13 Prevailing Section. To the extent that any provision of this Section 16 (Health, Life
and Dental Care) is inconsistent with any provision of any other County enactment or policy, including
but not limited to Administrative Bulletins, the Salary Regulations, the Personnel Management
Regulations, or any other agreement or order of the Board of Supervisors, the provision(s) of this
Section 16 (Health, Life and Dental Care) will prevail.
16.14 Rate Information. The County Benefits Division will make health and dent al plan rate
information available upon request to employees and departments. In addition, the County Benefits
Division will publish and distribute to employees and departments information about rate changes as
they occur during the year.
16.15 Partial Month. The County's contribution to the health plan premium is payable for any
month in which the employee is paid. If an employee is not paid enough compensation in a month to
pay the employee share of the premium, the employee must make up the differen ce 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.
16.16 Coverage During Absences.
Employees shall be allowed to maintain their health plan coverage at the County group rate for
twelve (12) months if on approved leave of absence provided that the employee shall pay the entire
premium (i.e. both employer and employee share) for the health plan during said leave. Said
payment shall be made by the employee at a time and place specified by the County. Late payment
shall result in cancellation of health plan coverage.
An employee on leave in excess of twelve (12) months may continue group coverage subject t o the
provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA) provided the employee
pays the entire cost of coverage, plus any administrative fees, for the option selected. The entire
cost of coverage shall be paid at a place and time spe cified by the County. Late payment may result
in cancellation of health plan coverage with no reinstatement allowed.
16.17 Child Care. The County will continue to support the concept of non -profit child care
facilities similar to the “Kid’s at Work” program established in the Public Works Department.
SECTION 17 - PROBATIONARY PERIOD
17.1 Duration. All appointments from officially promulgated employment lists for original
entrance and promotion shall be subject to a probationary period. The probati onary period shall be
nine (9) months for original entrance appointments and six (6) months for promotional appointments,
SECTION 17 - PROBATIONARY PERIOD
CCC Defenders Assn -51- 7/1/11 – 6/30/15 MOU
except that the probationary period for Deputy Public Defenders shall be six (6) months for original
entrance and promotional appointm ents.
17.2 Revised Probationary Period. When the probationary period for a class is changed,
only new appointees to positions in the classification shall be subject to the revised probationary
period.
17.3 Criteria. The probationary period shall date from the time of appointment to a
permanent position after certification from an eligible list. It shall not include time served under
provisional appointment or under appointment to limited term positions or any period of continuous
leave of absence without pay or period of work connected disability exceeding fifteen (15) calendar
days.
17.4 Rejection During Probation/Appeal.
A. An employee who is rejected during the probation period and restored to the eligible list
shall begin a new probationary period if subsequently certified and appointed.
B. Notwithstanding any other provisions of this section, an employee (probationer) shall
have the right to appeal from any rejection during the probationary period based on
political, or religious or Association activities, or race, color, national origin, sex, age,
disability, or sexual orientation.
C. The appeal must be written, must be signed by the employee and set forth the grounds
and facts by which it is claimed that grounds for appeal exist under s ubsection 18.4
(Rejection During Probation/Appeal) paragraph B and must be filed through the Director
of Human Resources to the Merit Board by 5:00 p.m. on the seventh (7th) calendar day
after the date of delivery to the employee of notice of rejection.
D. The Merit Board shall consider the appeal, and if it finds probable cause to believe that
the rejection may have been based on grounds prohibited in subsection 17.4 (Rejection
During Probation/Appeal) paragraph B, it may refer the matter to a Hearing Of ficer for
hearing, recommended findings of fact, conclusions of law and decision, pursuant to the
relevant provisions of the Merit Board rules in which proceedings the rejected
probationer has the burden of proof.
E. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If,
after hearing, the Merit Board upholds the appeal, it shall direct that the appellant be
reinstated in the position and the appellant shall begin a new probationary period
unless the Merit Board specifically reinstates the former period.
17.5 Regular Appointment. The regular appointment of a probationary employee shall
begin on the day following the end of the probationary period, subject to the condition that the
Director of Human Resources receive from the appointing authority a statement in writing that the
services of the employee during the probationary period were satisfactory and that the employee is
recommended for permanent appointment. A probationary employee may be rejected at any time
during the probation period without regard to the Skelly provisions of this Memorandum, without
notice and without right of appeal or hearing. If the appointing authority has not returned the
probation report, a probationary employee may be rejected from the service within a reasonable time
SECTION 18 - PROMOTION
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after the probation period for failure to pass probation. If the appointing authority fails to submit in a
timely manner the proper written documents certifying that a probationary employee has served in a
satisfactory manner and later acknowledges it was his or her intention to do so, the regular
appointment shall begin on the day following the end of the probationary period.
Notwithstanding any other provisions of the MOU, an employee rejected during the probation peri od
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 tha n disciplinary reasons within six (6) months after
being promoted or transferred from a position in the Merit System to a position not included in the
Merit System shall be restored to a position in the classification in the department from which the
employee was promoted or transferred.
A probationary employee who has been rejected or has resigned during probation shall not be
restored to the eligible list from which the employee was certified unless the employee receives the
affirmative recommendation from the appointing authority and is certified by the Director of Human
Resources whose decision is final. The Director of Human Resources shall not certify the name of a
person restored to the eligible list to the same appointing authority by whom the pers on was rejected
from the same eligible list, unless such certification is requested in writing by the appointing authority.
17.6 Layoff During Probation. An employee who is laid off during probation, if reemployed
in the same class by the same department, shall be required to complete only the balance of the
required probation. If reemployed in another department or in another classification, the employee
shall serve a full probationary period. An employee appointed to a permanent position from a layoff
or reemployment list is subject to a probation period if the position is in a department other than the
department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff.
An appointment from a layoff or reemployment list is not subject to a probation period if the position
is in the department from which the employee separated, displaced or voluntarily demoted in lieu of
layoff.
17.7 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 layof f 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 18 - PROMOTION
18.1 Competitive Exam. Promotion shall be by competitive examination unless otherwise
provided in this MOU.
18.2 Promotion Policy. The Director of Human Resources, upon request of an appointing
authority, shall determine whether an examination is to be called on a promotional basis.
SECTION 18 - PROMOTION
CCC Defenders Assn -53- 7/1/11 – 6/30/15 MOU
18.3 Open Exam. If an examination for one of the classes represented by the Association is
proposed to be announced on an Open only basis the Director of Human Resources shall give five
(5) days prior notice of such proposed announcement and shall meet a t the request of the
Association to discuss the reasons for such open announcement.
18.4 Promotion via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to a higher
classification and his/her position reclassified at the request of the appointing authority and under the
following conditions:
A. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of work.
B. The incumbent of the position must have performed at the higher level for six (6)
months.
C. The incumbent must meet the minimum education and experience requirements for the
higher class.
D. The action must have approval of the Director of Human Resources.
E. The Association approves such action. The appropriate rules regarding probationary
status and salary on promotion are applicable.
18.5 Requirements for Promotional Standing. In order to qualify for an examination
called on a promotional basis, an employee must have probationary or permanent status in the merit
system and must possess the minimum qualifications for the class. Applicants will be admitted to
promotional examinations only if the requirements are me t on or before the final filing date. If an
employee who is qualified on a promotional employment list is separated from the merit system,
except by layoff, the employee's name shall be removed from the promotional list.
18.6 Seniority Credits. Employees who have qualified to take promotional examinations
and who have earned a total score, not including seniority credits, of seventy (70) percent or more,
shall receive, in addition to all other credits, five one -hundredths of one percent (.05%) for each
completed month of service as a permanent County employee continuously preceding the final date
for filing application for said examination. For purposes of seniority credits, leaves of absence shall
be considered as service. Seniority credits shall be in cluded in the final percentage score from which
the rank on the promotional list is determined. No employee, however, shall receive more than a
total of five percent (5%) credit for seniority in any promotional examination.
18.7 Release Time for Physical Examination. County employees who are required as part
of the promotional examination process to take a physical examination shall do so on County time at
the County’s expense.
18.8 Release Time for Examinations. Permanent employees will be granted rea sonable
time from work without loss of pay to take County examinations or to go to interviews for a County
position provided the employees give the Department sufficient notice of the need for time off.
“Reasonable” release time shall include time for tra vel and interviewing/testing.
SECTION 19 – RESIGNATIONS
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SECTION 19 – RESIGNATIONS
19.1 Resignation Procedure. An employee's voluntary termination of service is a
resignation. Written resignations shall be forwarded to the Human Resources Department by the
appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral
resignation shall be immediately confirmed by the appointing authority in writing to the employee and
to the Human Resources Department and shall indicate the effective dat e of termination.
19.2 Resignation in Good Standing. A resignation giving the appointing authority written
notice at least two (2) weeks in advance of the last date of service (unless the appointing authority
requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a
resignation in good standing.
19.3 Constructive Resignation. A constructive resignation occurs and is effective when:
A. An employee has been absent from duty for five (5) consecutive working days without
leave; and
B. Five (5) more consecutive work days have elapsed without response by the employee
after the receipt of a registered or certified letter citing a notice of resignation by the
appointing authority to the employee at the employee's last kn own address, but no
more than ten (10) working days from mailing of said notice.
19.4 Effective Resignation. A resignation is effective when delivered or spoken to the
appointing authority, operative on that date or another date specified. An employee who resigns
without advance notice, as set forth in subsection 19.2 (Resignation in Good Standing), may seek
rescission of the resignation and reinstatement by delivering an appeal in writing to the Human
Resources not later than close of business on the t hird (3rd) calendar day after the resignation is
effective. Within five (5) work days of receipt of the appeal, the Director of Human Resources shall
consider the appeal and render a final and binding decision including, if applicable, the date of
reinstatement.
19.5 Revocation. A resignation that is effective is revocable only by written concurrence of
the employee and the appointing authority.
19.6 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced by the
appointing authority may be revoked within seven (7) calendar days after its expression,
by serving written notice on the Director of Human Resources and a co py to the
appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the employee could have
believed that the resignation was coerced, it shall be revoked and the employee
returned to duty effective on the day following the appointing authority's
acknowledgment without loss of seniority or pay.
SECTION 20 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY,
AND DEMOTION
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C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing
authority acknowledges that the resignation could have been believed to be coerced,
this question should be handled as an appeal to the Merit Board. In the alternative, the
employee may file a written election with the Director of Human Resources waiving the
employee's right of appeal to the Merit Board in favor of the employee's appeal rights
under the grievance procedure contained in Section 21 of the MOU beginning with Step
3.
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 20 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION
20.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend,
temporarily reduce the pay of, or demote any employee for cause. The reduction in pay may not
exceed five percent (5%) for a three (3) month period. The following are sufficient causes for such
action; the list is indicative rather than inclusive of restrictions and dismissal, suspension or demotion
may be based on reasons other than those specifically mentioned:
A. Absence without leave.
B. Conviction of any criminal act involving moral turpitude.
C. Conduct tending to bring the merit system into disrepute.
D. Disorderly or immoral conduct.
E. Incompetence or inefficiency.
F. Insubordination.
G. Being at work under the influence of liquor or drugs, carrying onto the premises liquor or
drugs or consuming or using liquor or drugs during work hours and/or on County
premises.
H. Neglect of duty (i.e. non-performance of assigned responsibilities).
I. Negligent or willful damage to public property or waste of public supplies or equipment.
I. Violation of any lawful or reasonable regulation or order given by a supervisor or
Department Head.
SECTION 20 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY,
AND DEMOTION
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K. Willful violation of any of the provisions of th e merit system ordinance or Personnel
Management Regulations.
L. Material and intentional misrepresentation or concealment of any fact in connec tion with
obtaining employment.
M. Misappropriation of County funds or property.
N. Unreasonable failure or refusal to undergo any physical, medical and/or psychiatric
exam and/or treatment authorized by this MOU.
O. Dishonesty or theft.
P. Excessive or unexcused absenteeism and/or tardiness.
Q. Sexual harassment, including but not limited to unwelcome sexua l 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.
20.2 Skelly Requirements. Before taking a disciplinary action to dismiss, suspend for more
than five (5) work days, temporarily reduce the pay of, or demote an employee, the appoin ting
authority shall cause to be served personally or by certified mail, on the employee, a Notice of
Proposed Action, which shall contain the following:
A. A statement of the action proposed to be taken.
B. A copy of the charges; including the acts or omissio ns and grounds upon which the
action is based.
C. If it is claimed that the employee has violated a rule or regulation of the County,
department or district, a copy of said rule shall be included with the notice.
D. A statement that the employee may review and request copies of materials upon which
the proposed action is based.
E. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
20.3 Employee Response. The employee upon whom a Notice of Proposed Action has
been served shall have seven (7) calendar days to respond to the appointing authority either orally or
in writing before the proposed action may be taken. Upon request of the employee and for good
cause, the appointing authority may extend in writing the period to respond. If the employee's
response is not filed within seven (7) days or during an extension, the right to respond is lost.
SECTION 21 - GRIEVANCE PROCEDURE
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20.4 Leave Pending Employee Response. Pending response to a Notice of Proposed
Action within the first seven (7) days or extension thereof, the appointing authority for cause specified
in writing may place the employee on temporary leave of absence, with pay.
20.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30) days
unless ordered by an arbitrator, an adjustment board or the Merit Board.
20.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or Demotion.
A. Written Order Required. In any disciplinary action to dismiss, suspend, temporarily
reduce the pay of, or demote an employee having permanent status in a position in the
merit system, after having complied with the Skelly requirements where applicable, the
appointing authority shall make an order in writing stating specifically the causes for the
action.
B. Service of Order. Said order of dismissal, suspension, temporary reduction in pay, or
demotion shall be filed with the Director of Human Resources, showing by whom and
the date a copy was served upon the employee to be dismissed, suspended,
temporarily reduced in pay, or demoted, either personally or by certified mail to the
employee's last known mailing address. The order shall be effective either upon
personal service or deposit in the U.S. Postal Service.
C. Employee Appeals from Order. The employee may appeal an order of dismissal,
suspension, temporary reduction in pay, or demotion either to the Merit Board or
through the procedures of Section 21 (Grievance Procedure) of this MOU provided that
such appeal is filed in writing with the Director of Hu man Resources within ten (10)
calendar days after service of said order. An employee may not both appeal to the
Merit Board and file a grievance under Section 21 (Grievance Procedure) of this MOU.
20.7 Employee Representation Rights. The County recognizes an employee’s right to
representation during an investigatory interview or meeting which may result in discipline. The
County shall not interfere with the representative’s right to assist an employee to clarify the facts
during the interview. If the employee requests an Association representative, the investigatory
interview shall be temporarily recessed for a reasonable period of time until a Association
representative can be present. For those interviews, which by nature of the incident must take p lace
immediately, the Association will take all reasonable steps to make an Association representative
immediately available. The employer shall inform the employee of the general nature of the
investigation at the time the employer directs the employee to be interviewed.
SECTION 21 - GRIEVANCE PROCEDURE
21.1 Definition and Procedural Steps. A grievance is any dispute that involves the
interpretation or application of any provision of this MOU excluding, however, those provisions of this
MOU that specifically provide that the decision of any County official shall be final, the interpretation
or application of those provisions is not subject to the grievance procedure. An employee may elect
to appeal disciplinary action through this grievance procedure, or to the Merit Board on matters within
its jurisdiction, but not both. The Association may represent the grieva nt at any step of the process.
SECTION 21 - GRIEVANCE PROCEDURE
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Grievances must be filed within thirty (30) calendar days of the incident or occurrence about which
the grievant claims to have a grievance and shall be pro cessed in the following manner:
Step 1. The Association or any employee or group of employees (“grievant”) who believes that a
provision of this MOU has been misinterpreted or misapplied to his, her, or thei r detriment shall
discuss the complaint with the grievant's immediate supervisor, who shall meet with the grievant
within five (5) work days of receipt of a written request to hold such meeting. The supervisor will
advise the grievant in writing, within five (5) work days of the meeting, whether the grievance is
granted or denied. The supervisor shall deliver his/her determination to the departmental mailbox of
one of the three Public Defenders designated by the Association as Association representat ives or
email it to all three.
Step 2. If an issue is not satisfactorily resolved in Step 1 above, the Association may submit the
grievance in writing to the Public Defender or his or her designee. This request must be filed no
more than ten (10) work days after the step 1 letter from the supervisor is delivered to the
Association. This formal written grievance must state which provision(s) of the MOU has been
misinterpreted or misapplied, how it has been misinterpreted or misapplied, how misapplication or
misinterpretation has affected the grievant to the grievant's detriment, and the redress the
Association seeks. A copy of each written communication regarding a grievance must be filed with
the Director of Human Resources. The Public Defender or his or her designee shall have ten (10)
work days in which to respond to the grievance in writing stating the reason(s) for the disposition of
the grievance. The response shall be hand -delivered to the departmental mailbox of one of the three
Public Defender representatives designated by the Association as Association representat ives or
email it to all three.
Step 3. If a grievance is not resolved at Step 2, the Association may submit the grievance to the
Human Resources Director in writing within ten (10) work days after receipt of the grievance at Step 2
response is delivered to the Association. Within twenty (20) work days after receipt of the grievance
at Step 2, the Human Resources Director or designee must meet with the Association and the Public
Defender or his/her designee to discuss the facts, discuss other potentially relevant information or
avenues of inquiry and any terms either party wishes to offer to resolve the grievance.
Both parties shall be prepared and present the following information to t he other party in the course
of the step 3 meeting:
1. The name of the grievant(s);
2. The specific contract provision(s) allegedly violated in each instance;
3. A statement of the facts that show the time, place and manner of each alleged breach;
4. A copy of each relevant document available at the time of the Step 3 meeting; and
5. The specific remedy sought.
Within fifteen (15) working days after the Step 3 meeting, the Human Resources Director or his/her
designee shall hand deliver, to the departmenta l mail box of one of the three Public Defenders
designated by the Association to represent the Association or by email to all three, a written response
to the grievance stating the reason(s) for the disposition of the grievance.
Step 4. If the grievance is not resolved at step 3, either party may notify the other, in writing within
fifteen (15) work days of the delivery of step 3 response, of its desire to arbitrate the grievance. The
SECTION 22 - BILINGUAL PAY
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parties will mutually select an arbitrator from a list of five (5) impa rtial arbitrators on which the parties
have previously agreed. If the selected arbitrator is unable to offer a date for the arbitration within one
hundred twenty (120) days of the request shall be skipped. The arbitrator whose name was struck
immediately before the arbitrator that was first selected will then serve as the arbitrator, subject to the
same scheduling requirement. The parties will alternately strike from the list to select the arbitrator,
the order of striking to be determined by lot. Vacancie s on the list will be filled by mutual agreement.
The decision of the arbitrator shall be final and binding. The arbitrator will not have the right to alter,
amend, delete, or add to any of the terms of this Agreement. The arbitrator will have full auth ority to
fashion an appropriate remedy.
The fees and expenses of the arbitrator and the court reporter (if any) will be shared equally by the
Association and the County. If either party wishes to have a court reporter, one will be used and
his/her fees and expenses will be shared equally. Each party will bear the costs of its own
presentation including, but not limited to, preparation and post -hearing briefs, if any.
21.2 Filing By The Association At Step 3. The Association may file a grievance at Step 3
on behalf of affected employees when action by the County Administrator or the Board of
Supervisors allegedly violates a provision of this MOU.
21.3 Time Limits. The time limits specified above may be waived by mutual agreement of
the parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 3
above, the grievance will automatically move to the next step. If a grievant fails to meet the time
limits specified in Steps 1 through 4 above, the grievance will be de emed to have been withdrawn.
Any procedural issue of arbitrability, including compliance with time limits, will be decided by the
arbitrator.
21.4 Strike/Work Stoppage. During the term of this MOU, the Association, its members
and representatives, agree that it and they will not engage in, authorize, sanction, or support any
strike, slowdown, stoppage of work, sick-out, or refusal to perform customary duties. In the case of a
legally declared lawful strike against a private or public sector employer whi ch has been sanctioned
and approved by the labor body or council having jurisdiction, an employee who is in danger of
physical harm shall not be required to cross the picket line, provided the employee advises his or her
supervisor as soon as possible, and provided further that an employee may be required to cross a
picket line where the performance of his or her duties is of an emergency nature and/or failure to
perform such duties might cause or aggravate a danger to public health or safety.
SECTION 22 - BILINGUAL PAY
A salary differential of one hundred dollars ($100) per month shall be paid incumbents of positions
requiring bilingual proficiency as designated by the appointing authority and Director of Human
Resources. Said differential shall be paid to eligible employees in paid status for any portion of a
given month. Designation of positions for which bilingual proficiency is required is the sole
prerogative of the County. The Association shall be notified wh en such designations are made.
SECTION 23 - RETIREMENT
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SECTION 23 - RETIREMENT
23.1 Contribution.
A. Effective on November 1, 2012, employees are responsible for the payment of one hundred
percent (100%) of the employees’ basic retirement benefit contributions determined annually
by the Board of Retirement of t he Contra Costa County Employees’ Retirement Association
without the County paying any part of the employees’ contribution. Employees are also
responsible for the payment of the employees' contributions to the retirement cost of living
program as determined annually by the Board of Retirement, without the County paying any
part of the employees’ contributions. The County is responsible for one hundred percent
(100%) of the employer’s retirement contributions determined annually by the Board of
Retirement.
B. The Association will pay the county thirty-four thousand dollars ($34,000) to compensate the
county for the lost savings associated with the delay in implementation of Section 23.1A
above. Payment will be due upon ratification of the MOU by the Board of Supervisors.
23.2 Retirement Benefits – Employees Who Become Members of CCCERA After December
31, 2012.
A. For employees who become members of the Contra Costa County Employees Retirement
Association (CCCERA) after December 31, 2012, retirement benefits are governed by the
California Public Employees Pension Reform Act of 2013 (PEPRA), (Chapters 296, 297,
Statutes of 2012). To the extent PEPRA conflicts with any provision of this Agreement,
PEPRA will govern.
B. For employees who become members of the Contra Costa County Employees Retirement
Association (CCCERA) after December 31, 2012, the cost of living adjustment to the
retirement allowance will not exceed two percent (2%) per year, and the cost of liv ing
adjustment will be banked.
SECTION 24 - TRAINING AND PROFESSIONAL EXPENSE REIMBURSEMENT
24.1 Deputy Public Defender Professional Expenses. The County shall reimburse each
Deputy Public Defender up to a maximum of six hundred dollars ($600) for each fiscal year for the
following types of expenses: membership dues in legal, professional associations; purchase of legal
publications; legal on-line computer services; and training and travel costs for educational courses
related to the duties of a Deputy Public Defender; and software and hardware from a standardized
County approved list or with Department Head approval, provided each Deputy Public Defender
complies with the provisions of the Computer Use and Security Policy adopted by the Board of
Supervisors. Any unused accrual may be carried forward to the next fiscal year up to eight hundred
dollars ($800). The County shall reimburse each Deputy Public Defender for California State Bar
membership dues (but not penalty fees) and for criminal specialization fees. To be eligible, one must
be a permanent Deputy Public Defender with the Contra Costa County Public Defender's Department
as of January 1 of the calendar year for which reimbursement is requested.
SECTION 25 - VIDEO DISPLAY TERMINAL (VDT) USERS EYE EXAMINATION
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24.2 Public Defender Investigator Professional Expenses. The County shall reimburse
each Public Defender Investigator up to a maximum of two hundred fifty dollars ($250) each fiscal
year for the following types of expenses: membership dues in investigation/legal/professional
associations; purchase of investigation/legal publications; an d training travel costs for educational
courses related to the duties of a Public Defender Investigator; and software and hardware from a
standardized County approved list or with Department Head approval, provided each Public Defender
Investigator complies with the provisions of the Computer Use and Security Policy adopted by the
Board of Supervisors. Any unused accrual may be carried forward to the next fiscal year up to three
hundred seventy five dollars ($375).
SECTION 25 - VIDEO DISPLAY TERMINAL (VDT) USERS EYE EXAMINATION
Employees shall be eligible to receive an annual eye examination on County time and at County
expense in accordance with the following conditions:
A. Eligible employees must use a video display terminal at least an average of two ho urs
per day as certified by their department.
B. Eligible employees who wish an eye examination under this program should request it
through the County Human Resources Department, Benefits Division, who will arrange
for eye examinations and monitor the results on a County-wide basis.
C. Should prescription VDT glasses be prescribed for an employee following an eye
examination, the County agrees to provide, at no cost, the basic coverage including a
ten ($10) dollar frame and single vision lenses. Employe es may, through individual
arrangement between the employee and his/her doctor, and solely at the employee's
expense, include bifocal, trifocal or blended lenses and other care, services or materials
not covered by the plan. The basic plan coverage, inclu ding the examination, may be
credited toward the employee enhanced benefit.
SECTION 26 – VEHICLE COSTS
26.1 Reimbursement for Use of Personal Vehicle. The mileage allowance for use of
personal vehicles on County business shall be paid according to the rates allowed by the Internal
Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes
effective or the first of the month following announcement of the changed rate by the Internal
Revenue Service, whichever is later.
26.2 Charge For Use of Home Garaged County Vehicle. Employees hired after July 1,
1994 who are assigned vehicles to garage at home will be charged the IRS mileage rate for all
commute miles driven outside the limits of Contra Costa County that exceed thir ty (30) miles round-
trip in any one day.
SECTION 29 - PERSONNEL FILES
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26.3 Investigator Use of County Cars. The Office of Public Defender will continue the
current policy regarding the use of cars by Public Defender Investigators.
SECTION 27 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error in the amount of compensation to be
received and if this error occurred as a result of a mistake by the Auditor -Controller's Department, it is
the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant
issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and holidays from the time the
Department is made aware of and verifies that the pay warrant is in error. If the pay warrant error
has occurred as a result of a mistake by an employee (e.g. payroll clerk) other than the employee
who is receiving the pay, the error will be corrected as soon as possible from the time the department
is made aware that pay warrant is in error. Pay errors in employee pay shall be corrected as soon as
possible as to current pay rate but that no recovery of either overpayments or underpayments to an
employee shall be made retroactively except for the two (2) year period immediately preceding
discovery of the pay error. This provision shall apply regardless of whether the error was made by
the employee, the appointing authority or designee, the Director of Human Resources or designee, or
the Auditor-Controller or designee. Recovery of fraudulently accrued over or underpayments are
excluded from this section for both parties. When the County notifies an employee of an
overpayment and proposed repayment schedule and the employee wishes to meet with the County,
a meeting will be held at which time a repayment schedule shall be determin ed. If requested by the
employee, a Association representative may be present at a meeting with management to discuss a
repayment schedule in the case of overpayments to the employee.
SECTION 28 - FLEXIBLE STAFFING
Certain positions may be designated b y the Director of Human Resources as flexibly staffed
positions. Positions are generally allocated at the first level of the job series when vacated. When
the position is next filled and an incumbent of one of these positions meets the minimum
qualifications for the next higher level and has met appropriate competitive requirements he or she
may then be promoted to the next higher classification within the job series without need of a
classification study. If the Public Defender’s Department verifies in writing that an administrative or
clerical error was made in failing to submit the documents needed to promote an employee on the
first of the month when eligible, said appointment shall be made retroactive to the first of the month
when eligible. An employee who is denied a promotion to a flexibly staffed position may appeal such
denial to the Merit Board.
SECTION 29 - PERSONNEL FILES
An employee shall have the right to inspect and review any official record(s) relating to his or her
performance as an employee or to a grievance concerning the employee which is kept or maintained
by the County in the employee's personnel file in the Human Resources Department or in the
employee's personnel file in their Department. The employee’s Association representa tive, with
written authorization by the employee, shall also have the right to inspect and review any official
record(s) described above. The contents of such records shall be made available to the employee
SECTION 29 - PERSONNEL FILES
CCC Defenders Assn -63- 7/1/11 – 6/30/15 MOU
and/or the employee’s Association representative , for inspection and review at reasonable intervals
during the regular business hours of the County. Employees shall be permitted to review their
personnel files at the Personnel office during their working hours. For those employees whose work
hours do not coincide with the County’s business hours, management shall provide a copy of the
employee’s personnel file for the employee’s review. The custodian of records will certify that the
copy is a true and correct copy of the original file.
The County shall provide an opportunity for the employee to respond in writing to any information
which is in the employee’s personnel file about which he or she disagrees. Such response shall
become a permanent part of the employee's personnel record. The employee s hall be responsible
for providing the written responses to be included as part of the employee's official personnel file.
This section does not apply to the records of an employee relating to the investigation of a possible
criminal offense, medical records and information or letters of reference.
Counseling memos, which are not disciplinary in nature, are to be retained in the file maintained by
the employee's supervisor or the person who issued the counseling memo and are not to be
transferred to the employee's central file which is normally retained by the Human Resources
Department unless such memos are subsequently used in conjunction with a disciplinary action such
as a letter of reprimand.
All documents pertaining to disciplinary actions shall be p laced in the employee's official personnel
file within five (5) work days after the time management becomes aware of the incident and has
completed its investigation as to whether the employee is culpable and shall be date stamped or
dated at time of entry. This section is not intended to include supervisor's notes or reminders of
specific incidents or ongoing reports such as attendance records. Generally, such investigations
should be completed within thirty (30) calendar days of the date management beco mes aware of the
incident(s), it being understood that under certain circumstances such as the unavailability of
witnesses or the possibility of a criminal act having been committed may cause the investigation to
take longer than the aforementioned thirty (30) days.
Copies of written reprimands or memoranda pertaining to an employee's unsatisfactory performance
which are to be placed in the employee's personnel file shall be given to an employee who shall have
the right to respond in writing to said documents. Letters of reprimand are subject to the grievance
procedure but shall not be processed past Step 3. If a letter of reprimand is used in a subsequent
discharge, suspension or demotion of the employee, the validity of the letter of reprimand may be
considered at any arbitration of the subsequent disciplinary action.
Copies of letters of commendation which are to be placed in the employee's personnel file will be
given to the employee. Employees have the right to review their official personnel files which are
maintained in the Human Resources Department or by their departments. In a case involving a
grievance or disciplinary action, the employee's designated representative may also review his/her
personnel file with specific written authorization from the employee. The County shall supply the
Association with lists of official personnel files and locations.
Derogatory material in an employee's personnel file over two years old will not be used in a
subsequent disciplinary action unless directly rela ted to the action upon which the discipline is taken.
Derogatory material does not include prior suspensions, demo tions or dismissals for cause.
SECTION 32 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
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SECTION 30 - SERVICE AWARDS
The County shall continue its present policy with respect to service awards in cluding time off
provided, however, that the type of award given shall be at the sole discretion of the County. The
following procedures shall apply with respect to service awards:
A. Presentation Before the Board of Supervisors. An employee with twenty (20) or more
years of service may go before the Board of Supervisors to receive his/her Service
Award. When requested by a department, the Human Resources Department will
make arrangements for the presentation ceremony before the Board of Supervisors and
notify the department as to the time and date of the Board meeting.
B. Service Award Day Off. Employees with fifteen (15) or more years of service are
entitled to take a day off with pay at each five (5) year anniversary.
SECTION 31 – REIMBURSEMENT FOR MEAL EXPENSE
Employees shall be reimbursed for meal expenses under the following circumstances and in the
amount specified:
A. When the employee is required by his/her Department Head to attend a meeting
concerning County business or County affairs.
B. When the employee is required to be out of his/her regular or normal work area during
a meal hour because of a particular work assignment.
C. When the employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission.
D. When the employee is required to incur expenses as host for official guests of the
County, work as members of examining boards, official visitors, and speakers or
honored guests at banquets or other official functions.
E. When the employee is required to work three (3) or more hours of overtime or
scheduled to work overtime with less than twenty-four (24) hours notice; in this case he
or she may be reimbursed in accordance with the Administrative Bulletin on Expense
Reimbursement. Meal costs will be reimbursed only when eaten away from home or
away from the facility in the case of employees at twenty-four (24) hour institutions.
SECTION 32 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY
The loss or damage to personal property of employees is subject to reimbursement under the
following conditions:
SECTION 32 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
CCC Defenders Assn -65- 7/1/11 – 6/30/15 MOU
A. The loss or damage must result from an event which is not normally encountered or
anticipated on the job and which is not subject to the control of the employee.
B. Ordinary wear and tear of personal property used on the job is not compensated.
C. Employee tools or equipment provided without the express approval of the Department
Head and automobiles are excluded from reimbursement.
D. The loss or damage must have occurred in the line of duty.
E. The loss or damage was not a result of negligence or lack of proper care by the
employee.
F. The personal property was necessarily worn or carried by the employee in order to
adequately fulfill the duties and requirements of the job.
G. The loss or damage to employee’s eyeglasses, dentures or other prosthetic devices did
not occur simultaneously with a job connected injury covered by Workers'
Compensation.
H. The amount of reimbursement shall be limited to the actual cost to repair damages.
Reimbursement for items damaged beyond repair shall be limited to the actual value of
the item at the time of loss or damage but not more than the origi nal cost.
I. The burden of proof of loss rests with the employee.
J. Claims for reimbursement must be processed in accordance with the Administrative
Bulletin on Compensation for Loss or Damage to Personal Property.
SECTION 33 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor practice as defined in Board of
Supervisor's Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not
resolved in discussions between the parties within thirty (30) work days from the date of receipt, may
be heard and decided by a mutually agreed upon impartial third party.
SECTION 34 - PERMANENT PART-TIME EMPLOYEES
34.1 Benefits. Permanent part-time employees receive prorated vacation and sick leave
benefits. They are eligible for health, dental and life insurance benefits at corresponding premium
rates providing they work at least fifty percent (50%) of full-time. If the employee works at least fifty
percent (50%) of full-time, County retirement participation is also included.
34.2 Hours. Permanent part-time employees who wish to have the hours of their position
increased, must so request in writing. These requests must be received by the employee's
SECTION 35 – TEMPORARY EMPLOYEES
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department during the month of January and/or July for the duration of this MOU. Departments
reviewing these requests will evaluate them within thirty (30) days of their receipt by con sidering the
actual hours assigned to and worked by the employee during the previous six (6) months and the
anticipated continuing need from their assignment on an increased basis. Those requests which are
approved by the department for an increase in hou rs will be submitted for consideration by the
County as a P300 request within an additional sixty (60) days. Nothing contained herein shall conflict
with layoff/reemployment provisions.
SECTION 35 – TEMPORARY EMPLOYEES
35.1 Leave Benefits
A. Crediting and Maximum Accumulation of Paid Time Off. On the first of the month
following a temporary employee’s completion of two thousand eighty (2080) straight
time hours worked, he or she shall be credited with forty (40) hours of “paid time off”
(“PTO”). Forty (40) hours paid time off credit is the maximum amount an employee
may have at any time.
B. Use of Paid Time Off. Paid time off shall not be taken until credited per subsection
44.3 paragraph A (Crediting and Maximum Accumulation of Paid Time Off) above.
C. Payoff at Separation. If a temporary employee terminates his/her County employment
(separates from County service), the employee shall be paid all currently “credited”
PTO hours, as described in subsection 40.1 paragraph A (Crediting and Maximum
Accumulation of Paid Time Off) and, in addition, shall be paid off for that portion of PTO
hours earned but not credited on the basis of that portion of the straight time hours
worked (“STHW”) toward the next increment of two thousand eighty (2080) straight time
hours required for crediting of PTO. The formula for the earned but not credited payoff
is: STHW divided by 2080 multiplied by 40 multiplied by the current hourly pay rate at
separation.
D. Appointment to a Permanent Position. If a temporary employee is appointed to a
permanent position, the credited PTO hours and the earned but not yet credited PTO
hours (as described in paragraph 40.1 paragraph C [Payoff at Separation] above) shall
be converted to vacation hour and subject to the provisions of this Memora ndum of
Understanding relating to Vacation. When a temporary employee is appointed to a
permanent position, the employee shall be allowed to use the earned paid time off
hours during the first six (6) months of employment in a permanent position.
35.2 Health Benefits for Temporary Employees. The following benefit program shall be
offered to temporary employees:
A. Program. The County shall offer CCHP Plan A-2 at the subsidy rate below to those
temporary employees who meet and maintain eligibility.
1. Through June 29, 2011, the County will pay the monthly premium subsidy of fifty
percent (50%) of the cost of the CCHP Plan A-2 premium for a single individual.
SECTION 35 – TEMPORARY EMPLOYEES
CCC Defenders Assn -67- 7/1/11 – 6/30/15 MOU
2. After June 29, 2011, the County will pay a monthly premium subsidy for the
CCHP Plan A-2 that is equal to the actual dollar amount of the monthly premium
subsidy that is paid by the County in the month of May 2011. The amount of the
County subsidy that is paid will thereafter be a set dollar amount and will not be a
percentage of the premium charged by the CCHP Plan A-2.
B. Eligibility. Initial eligibility shall be achieved when an employee has worked three (3)
continuous months of service at an average of fifty percent (50%) time per month. In
order to maintain eligibility, a temporary employee must remain in paid status a
minimum of forty (40) hours during each successive month and maintain an average of
fifty percent (50%) time year-to-date from the date of eligibility.
C. Pre-Pay. Employees who have achieved eligibility under the terms of D.2 will pre-pay
the employee’s portion of the premium cost so that the effective date of enrollment
begins effective the first of the month of eligibility. Employees must continue to prepay
their portion of the health insurance premium in order to con tinue benefits. In addition,
temporary employees who meet the eligibility requirements and who have been
voluntarily paying the total premium for a County Group Health Plan shall be allowed to
enroll in CCHP Plan A-2 without a waiting period.
D. Family Coverage. Employees may elect to purchase at their own expense, family
coverage, including domestic partner, and shall follow the procedures outlined in C
above for payment for this optional coverage.
E. Implementation. Open Enrollment periods for tempo rary employees shall be for thirty
(30) days and coincide with the open enrollment period for County employees.
Temporary employees who are not currently eligible, but who subsequently meet the
eligibility requirements, shall be notified of their eligibility and shall have thirty (30) days
to decide whether or not to elect coverage under this program.
35.3 Temporary Employee Step Placement.
A. New Employees. The anniversary date of a new temporary employee is the first day of
the calendar month after the calendar month when the employee successfully
completes one thousand forty (1040) straight time hours.
B. Initial Step Placement. New temporary employees shall generally be appointed at the
minimum step of the salary range established for the particular class of position to
which the appointment is made. However, the appointing authority may fill a particular
position at a step above the minimum of the range if mutually agreeable guidelines
have been developed in advance or the Director of Human Resourc es (or designee)
offers to meet confer with the Association on a case by case basis each time prior to
formalizing the appointment.
C. Increments within Range. The performance of each employee shall be reviewed after
the employee has completed an additio nal two thousand eighty (2080) straight time
hours of work. Advancement shall be granted on the affirmative recommendation of the
appointing authority, based on satisfactory performance by the employee. The
SECTION 36 - LUNCH PERIOD AND REST BREAKS
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appointing authority may recommend denial of th e increment or denial subject to one
additional review at some specified date before the next anniversary which must be set
at the time the original report is returned. Except as herein provided, increments within
range shall not be granted more frequently than once a year, nor shall more than one
(1) step within range increment be granted at one time. Increments shall not be
granted to a temporary employee more frequently than after the first one thousand forty
(1040) straight time hours worked and after each two thousand eighty (2080) additional
straight time hours worked thereafter. In case an appointing authority recommends
denial of the within range increment on some particular anniversary date, but
recommends a special salary review at some date bef ore 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 administrative or
clerical error was made in failing to submit the documents needed to advance an
employee to the next salary step on the first of the month when eligible, said
advancement shall be made retroactive to the first of the mo nth when eligible.
35.4 Temporary Employee Grievances.
Temporary employees covered by this Memorandum of Understanding may grieve only alleged
violation of:
A. Section 1 (Recognition);
B. Section 2 (Association Security), subsections 2.1 (Dues Deduction) through 2.5
(Withdrawal of Membership);
C. Subsection 5.1 (Wage Rates), and
D. The terms of this Section 44.
35.5 Union Dues. The membership or agency shop service fee charged by the Association
to temporary employees pursuant to subsection 2.2 (Agency Shop) paragraph B shall equal 1% of
the employee’s regular pay up to a maximum of ten dollars ($10) per semi -monthly pay period. No
initiation fee or special assessments shall be required of these employees. A temporary employee
who does not timely authorize ded uction of or directly pay Association Dues or an agency shop
service fee in lieu of dues will be terminated from County service.
SECTION 36 - LUNCH PERIOD AND REST BREAKS
A. Employees who are in a pay status during their lunch are on call during thei r lunch
period. Employees who are not in a pay status during their lunch are on their own time
during their lunch period.
B. Employees shall be entitled to a rest break for each four (4) hours of work. Scheduling
of rest breaks shall be determined by management.
SECTION 37 - ADOPTION
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C. The terms of this section 36, Lunch Period and Rest Breaks, do not apply to Deputy
Public Defenders.
SECTION 37 - ADOPTION
The provisions of this MOU shall be made applicable on the dates indicated and upon approval by
the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and
adopted in order to implement these provisions. It is understood that where it is determined that an
Ordinance is required to implement any of the foregoing provisions, said provis ions shall become
effective upon the first day of the month following thirty (30) days after such Ordinance is adopted.
SECTION 38 - SCOPE OF AGREEMENT AND SEVERABILITY OF PROVISIONS
38.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU fully
and completely incorporates the understanding of the parties hereto and constitutes the sole and
entire agreement between the parties in any and all matters subject to meet and confer. Neither
party shall, during the term of this MOU demand any change herein, provided that nothing herein
shall prohibit the parties from changing the terms of this MOU by mutual agreement. The Association
understands and agrees that the County is not obligated to meet and confer regarding wages, hours
or conditions of employment during the term of this extended agreement, except as otherwise
required by law.
38.2 Severability of Provisions. Should any section, clause or provision of this MOU be
declared illegal, unlawful or unenforceable, by final judgm ent of a court of competent jurisdiction,
such invalidation of such section, clause or provision shall not invalidate the remaining portions
hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU.
38.3 Personnel Management Regulations. Where a specific provision contained in a
section of this MOU conflicts with a specific provision contained in a section of the Personnel
Management Regulations, the provision of this MOU shall prevail. Those provisions of th e Personnel
Management Regulations within the scope of representation which are not in conflict with the
provisions of this MOU and those provisions of the Personnel Management Regulations which are
not within the scope of representation shall be considered in full force and effect.
38.4 Duration of Agreement. This Agreement will continue in full force and effect from July 1,
2011 to and including June 30, 2015. Nothing herein shall be interpreted or applied in a manner that
precludes or impairs in any manner the retroactive implementation of provisions of this Agreement for
which an effective date prior to adoption by the Board of Supervisors is expressly provided.
SECTION 39 - FAIR LABOR STANDARDS ACT PROVISIONS
The Fair Labor Standards Act, as amend ed, may govern certain terms and conditions of the
employment of employees covered by this MOU. It is anticipated that compliance with the Act may
require changes in some of the County policies and practices currently in effect or agreed upon. If it
is determined by the County that certain working conditions, including but not limited to work
SECTION 41 - MISCELLANEOUS PROVISIONS
CCC Defenders Assn -70- 7/1/11-6/30/15 MOU
schedules, hours of work, method of computing overtime, overtime pay entitlements or use, must be
changed to conform with the Fair Labor Standards Act, such terms an d conditions of employment
shall not be controlled by this MOU but shall be subject to modification by the County to conform to
the federal law, without further meeting and conferring. The County shall notify Association and meet
and confer with the Association regarding the implementation of such modifications.
SECTION 40 – SAFETY IN THE WORKPLACE
The County shall expend every effort to see to it that the work performed under the terms and
conditions of this MOU is performed with a maximum degree of sa fety consistent with the
requirement to conduct efficient operations. The Department shall have a standing committee to
address all issues related to employee safety, including the issuance of defensive tools. The
committee shall be empowered to make rec ommendations directly to the Public Defender related to
employee safety. The Committee shall consist of two representatives appointed by the Public
Defender, two representatives appointed by the Association, and a representative of the County’s
Risk Management Office to be invited to sit as needed as a non -decision making consultant. The
deliberations of this Committee shall not be construed as meeting the requirements to meet and
confer separately with the Association regarding any matter related to wage s, hours, or working
conditions.
SECTION 41 - MISCELLANEOUS PROVISIONS
41.1 Professional Advisory Committee. The Professional Advisory Committee shall be
continued. Said committee shall be composed of not more than two (2) employee representatives
appointed by the Association and two (2) department representatives and shall meet at the request
of either party, within a reasonable period of time.
41.2 Deferred Compensation.
A. Employees represented by the Association will be eligible to participat e in the County’s
Deferred Compensation Plan. The County will contribute sixty dollars ($60) per month
to the deferred compensation accounts of all employees in the Public Defenders’ Unit
who participate in the County’s Deferred Compensation Plan. To be eligible for this
contribution, qualifying employees must:
1. Complete a County interest form and return it to the Benefits Service Unit,
2. Deposit the Qualifying Base Contribution Amount indicated below in his/her
deferred compensation account, and
3. Maintain a minimum monthly contribution to the deferred compensation plan in
the amount indicated below:
SECTION 41 - MISCELLANEOUS PROVISIONS
CCC Defenders Assn -71- 7/1/11 – 6/30/15 MOU
Monthly Base
Qualifying Contribution
Base Amount
Contribution For Maintaining
Current Amount Incentive
Monthly Current Eligibility
$2,500 and below $250 $50
$2,501 - 3,334 $500 $50
$3,335 - 4,167 $750 $50
$4,168 - 5,000 $1000 $50
$5,001 - 5,834 $1500 $100
$5,835 - 6,667 $2000 $100
$6,668 & Above $2500 $100
B. Only those contributions made to the Deferred Compensation Pr ogram as of the date
the employee signs the County interest form qualify under the program as the
“Qualifying Base Contribution Amount”. If for any reason an employee’s monthly
contribution falls below the minimum amount required, the employee is no longe r
eligible for the County’s sixty dollar ($60) per month contribution and he/she must re -
qualify for the contribution by again satisfying the above listed criteria.
C. Special Benefit for Permanent Employees Hired on and after March 1, 2011:
1. Beginning on June 1, 2011, and for the term of this MOU, the County will
contribute one hundred and fifty dollars ($150) per month to an employee’s
account in the Contra Costa County Deferred Compensation Plan, or other tax-
qualified savings program designated by the County, for employees who meet all
of the following conditions:
a. The employee must be hired by Contra Costa Cou nty on or after March 1,
2011.
b. The employee must be appointed to a permanent position. The position
may be either full time or part time, but i f it is part time, it must be
designated, at a minimum, as 20 hours per week.
c. The employee must have been employed by Contra Costa County for at
least 90 calendar days.
d. The employee must contribute a minimum of twenty -five dollars ($25) per
month to the Contra Costa County Deferred Compensation Plan, or other
tax-qualified savings program designated by the County.
e. The employee must complete and sign the required enrollment form(s) for
his/her deferred compensation account and submit those forms to the
Human Resources Department, Employee Benefits Services Unit.
SECTION 41 - MISCELLANEOUS PROVISIONS
CCC Defenders Assn -72- 7/1/11-6/30/15 MOU
f. The employee may not exceed the annual maximum contribution amount
allowable by the United States Internal Revenue Code.
D. No Cross Crediting: The amounts contributed by the employee and the Co unty
pursuant to Subsection C do not count towards the “Qualifying Base Contribution
Amount” or the “Monthly Base Contribution Amount for Maintaining Incentive Eligibility”
in Subsection A. Similarly, the amounts contributed by the employee and the County
pursuant to Subsection A do not count towards the employee’s $25 per month minimum
contribution required by Subsection C.
E. Maximum Annual Contribution: All of the employee and County contributions set forth
in Subsections A and C will be added together to ensure that the annual maximum
contribution to the employee’s deferred compensation account does not exceed the annual
maximum contribution rates set forth in the United States Internal Revenue Code.
Date: _______________
Contra Costa County: Public Defenders Assn:
(Signature / Printed Name) (Signature / Printed Name)
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