HomeMy WebLinkAboutMINUTES - 10012013 - SD.2RECOMMENDATION(S):
ADOPT Resolution No. 2013/384 approving the Memoranda of Understanding between Contra Costa County and
Deputy Sheriffs' Association (DSA) Management Unit and the Memorandum of Understanding between Contra
Costa County and DSA Rank and File Unit, implementing negotiated wage agreements and other economic terms
and conditions of employment, for the period of July 1, 2013 through June 30, 2016.
FISCAL IMPACT:
The terms and conditions set forth in this action have an estimated FY 2013/14 net cost of $1.7 million; FY 2014/15
net cost of $4.6 million; and FY 2015/16 net cost of $11.7 million. The result of the health plan changes will create a
$21.0 million or 2.04% decrease in the Actuarial Accrued Liability and a $1.9 million or 2.7% decrease in the
calculated Annual Required Contribution.
BACKGROUND:
The Deputy Sheriffs' Association Management Unit (DSA-MGMT) and Rank & File Unit (DSA-R&F) have reached
a Tentative Agreement with the County and expect a successful ratification vote by Friday, September 27. The
resulting Memoranda of Understanding, which are attached, include modifications to wages and benefits. In
summary, those changes are:
•
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/01/2013 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
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Ted Cwiek, Human Resources
Director (925) 335-1766
I hereby certify that this is a true and correct copy of an action taken and entered on the
minutes of the Board of Supervisors on the date shown.
ATTESTED: October 1, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc: Ted Cwiek, Human Resources Director, Robert Campbell, Auditor-Controller, David Livingston, Sheriff-Coroner
SD.2
To:Board of Supervisors
From:David Twa, County Administrator
Date:October 1, 2013
Contra
Costa
County
Subject:Memoranda of Understanding with Deputy Sheriff's Association Management and Rank & File Units
BACKGROUND: (CONT'D)
Term - Section 37.4 (DSA-MGMT) and Section 50.4 (DSA-R&F)
• The terms of both agreements are from July 1, 2013 through June 30, 2016.
• General Wages – Section 5.1 (DSA-MGMT and DSA-R&F)
• The base rate of pay for all classifications represented by DSA-MGMT and DSA-R&F will be increased
as follows:
• Effective January 1, 2014, a 3% wage increase
• Effective July 1, 2014, a 3% wage increase
• Effective July 1, 2015, a 3% wage increase
• Effective January 1, 2014, two new salary steps will be added to the current salary range for Deputy
Sheriff-40 hours (6XWA) and Deputy Sheriff-56 hour (6XWB) classifications. The new steps will be 10
percent (10%) and five percent (5%) less than the current step 1.
• Days and Hours of Work - Section 6 (DSA-MGMT and DSA-R&F)
• Language was added and deleted to clarify work schedules, define 12/80 schedules, require permanent
intermittent employees to timestamp in and out, and salaried employees to report time off and time worked
for special pays on the electronic timecard.
•Overtime- Section 7 (DSA-R&F)/Call Back Time - Section 8 (DSA-R&F)/On-Call Duty - Section 9
(DSA-R&F)/Shift Differential/Other Terms & Conditions of Employment - Section 19 (DSA-R&F)
• Language was added and deleted to clarify pay practices and time reporting for overtime, call back,
on-call, and shift-pay.
• Overtime will be based upon hours worked, not hours in paid status.
•Holidays - Section 8 (DSA-MGMT) and Section 12 (DSA-R&F)
• Language was added and deleted to clarify pay practices and time reporting for holidays.
• Vacation Leave - Section 9 (DSA-MGMT) and Section 13 (DSA-R&F)/Sick Leave - Section 10 (DSA-MGMT)
and Section 14 (DSA-R&F)
• Accruals were changed from six to one minute increments.
• Work Scheduling - Section 10 (DSA-R&F)
• The parties agree to reopen the provisions of the MOU pertaining to the terms and conditions of
employment for the Sheriff's Dispatcher classifications in the event of a consolidation of Sheriff dispatch
operations with Fire dispatch operations.
• Health, Life & Dental Care - Section 13 (DSA-MGMT) and Section 17 (DSA-R&F)
• Effective January 1, 2014, the County will pay a monthly premium subsidy for each health and dental
plan that is equal to the actual dollar monthly premium subsidy that is paid by the County as of November
30, 2013. In addition, if there is an increase in the monthly premium charged by a health or dental plan for
2014 and for each year thereafter, the County and the employee will each pay fifty percent of the monthly
premium increase that is above the previous year's plan premium.
•Time Reporting and Pay Practices Waiver - Section 15.10 (DSA-MGMT) and Section 6.4 (DSA-R&F)
• The Association agrees to the implementation of an Automated Timekeeping System. The Association
waives its right to meet and confer regarding any impacts that may result from the County's implementation
of the automated timekeeping system, including but not limited to, changes to current departmental time
reporting and pay practices. The Association agrees to convert from the current payroll cycle when the
County is able to upgrade the current Payroll system or implement a new County Payroll System.
• Probationary Period - Section 18 (DSA-R&F)
• Effective January 1, 2014, employees promoted into the classificaiton of Sheriff's Dispatcher II (64WM)
will serve a six month probationary period.
• Safety PEPRA Tier - Section 22 (DSA-MGMT) and Section 28 (DSA-R&F)
• Public Employees Pension Reform Act (PEPRA) language was added for general and safety
classifications.
• In the Safety PEPRA Tier, the PEPRA retirement formula is PEPRA Safety Option Plan Two with
two and seven-tenths percent at fifty-seven years of age (2.7% at 57). The COLA is 2%.
• In the General PEPRA Tier, the PEPRA retirement formula is two percent at sixty-two years of age
(2% at 62). The COLA is 2% and the disability provisions are the same as current Tier III disability
provisions.
•Premium Pays - Section 27 (DSA-R&F)
• Effective January 1, 2014, permanent full-time employees in the classifications of Sheriff's Dispatcher I
(64WK), Sheriff's Dispatcher II (64WM), and Supervising Sheriff's Dispatcher (64HD) will receive a career
incentive allowance of one percent (1.0%) of base pay per month for the possession of a valid intermediate
P.O.S.T. certificate and one percent (1.0%) of base pay per month for the possession of a valid Advanced
P.O.S.T. certificate for a total of up to two percent (2.0%).
• Effective January 1, 2014, while assigned to the Investigations Unit and Special Investigations Unit the
classifications of Sergeant (6XTA) and Deputy Sheriff (6XWA) will be entitled to a five percent (5.0%)
differential to base rate of pay.
• Effective January 1, 2014, while assigned to Forensic Services, Crime Scene Investigator II classifications
will be entitled to a five percent (5.0%) differential to base rate of pay.
•Intermediate P.O.S.T. Certificate - Section 34.3 (DSA-MGMT)
• Effective January 1, 2014, permanent full-time employees in the classifications of Lieutenant (6XHA),
Administrative Lieutenant (6XHB), and Captain (6XDA) will receive a career incentive allowance of two
and one-half percent (2.5%) of base pay per month for the possession of a valid intermediate P.O.S.T.
certificate.
CONSEQUENCE OF NEGATIVE ACTION:
The County will continue to be out of contract with the Deputy Sheriffs' Association and will continue to
experience recruitment and retention difficulties.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
CLERK'S ADDENDUM
Rollie Katz, Public Employees' Union Local One, expressed support and concern.
ATTACHMENTS
Resolution No. 2013/384
Deputy Sheriffs' Association Management Unit MOU 7-1-13 thru 6-30-16
Deputy Sheriffs' Association Rank and File Unit MOU 7-1-13 thru 6-30-16
DSA MGMT UNIT - 1 - 2013 – 2016 MOU
MEMORANDUM OF
UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS' ASSOCIATION
MANAGEMENT UNIT
This Memorandum of Understanding (MOU) is
entered into pursuant to the authority contained in
Board of Supervisors Resolution 81/1165 and has
been jointly prepared by the parties.
The Employee Relations Officer (County
Administrator) is the representative of Contra Costa
County in employer-employee relations matters as
provided in Board of Supervisors Resolution 81/1165,
Section 34-8.012.
The parties have met and conferred in good faith
regarding wages, hours and other terms and
conditions of employment for the employees in units
in which the Association is the recognized
representative, have freely exchanged information,
opinions and proposals and have endeavored to
reach agreement on all matters relating to the
employment conditions and employer-employee
relations covering such employees.
This MOU shall be presented to the Contra Costa
County Board of Supervisors as the joint
recommendations of the undersigned for salary and
benefits for the term as set forth herein.
DEFINITIONS
DSA MGMT UNIT - 2 - 2013 – 2016 MOU
DEFINITIONS
Appointing Authority: Department Head unless
otherwise provided by statute or ordinance.
Association: Deputy Sheriffs' Association.
Class: A group of positions sufficiently similar with
respect to the duties and responsibilities that similar
selection procedures and qualifications may apply
and that the same descriptive title may be used to
designate each position allocated to the group.
Class Title: The designation given to a class, to
each position allocated to the class, and to the
employees allocated to the class.
County: Contra Costa County.
Demotion: The change of a permanent employee to
another position in a class allocated to a salary range
for which the top step is lower than the top step of the
class which the employee formerly occupied except
as provided for under "Transfer" or as otherwise
provided for in this MOU, in the Personnel
Management Regulations, or in specific resolutions
governing deep classifications.
Director of Human Resources: The person
designated by the County Administrator to serve as
the Assistant County Administrator-Director of Human
Resources.
DEFINITIONS
DSA MGMT UNIT - 3 - 2013 – 2016 MOU
Eligible: Any person whose name is on an
employment or reemployment or layoff list for a given
classification.
Employee: A person who is an incumbent of a
position or who is on leave of absence in accordance
with provisions of this MOU and whose position is
held pending his/her return.
Employment List: A list of persons who have been
found qualified for employment in a specific class.
Layoff List: A list of persons who have occupied
positions allocated to a class in the Merit System and
who have been involuntarily separated by layoff or
displacement or have voluntarily demoted in lieu o f
layoff.
Permanent-Intermittent Position: Any position
which requires the services of an incumbent for an
indefinite period but on an intermittent basis, as
needed, paid on an hourly basis.
Permanent Part-Time Position: Any position which
will require the services of an incumbent for an
indefinite period but on a regularly scheduled less
than full time basis.
Permanent Position: Any position which has
required, or which will require the services of an
incumbent without interruption, for an indefinite
period.
DEFINITIONS
DSA MGMT UNIT - 4 - 2013 – 2016 MOU
Project Employee: An employee who is engaged in
a time limited program or service by reason of limited
or restricted funding. Such positions are typically
funded from outside sources but may be funded from
County revenues.
Promotion: The change of a permanent employee to
another position in a class allocated to a salary range
for which the top step is higher than the top step of
the class which the employee formerly occupied,
except as provided for under "Transfer" or as
otherwise provided for in this MOU, in the Personnel
Management Regulations, or in specific resolutions
governing deep classes.
Position: The assigned duties and responsibilities
calling for the regular full time, part-time or
intermittent employment of a person.
Reallocation: The act of reassigning an individual
position from one class to another class at the same
range of the salary schedule or to a class which is
allocated to another range that is within five (5)
percent of the top step, except as otherwise provided
for in the Personnel Management Regulations, deep
class resolutions or other ordinances.
Reclassification: The act of changing the allocation
of a position by raising it to a higher class or reducing
it to a lower class on the basis of significant changes
in the kind, difficulty or responsibility of duties
performed in such position.
SECTION 1 - RECOGNITION
DSA MGMT UNIT - 5 - 2013 – 2016 MOU
Reemployment List: A list of persons, who have
occupied positions allocated to any class in the merit
system and, who have voluntarily separated and are
qualified for consideration for reappointment under
the Personnel Management Regulations governing
reemployment.
Resignation: The voluntary termination of permanent
service with the County from a position in the merit
system.
Temporary Employment: Any employment in the
merit system which will require the services of an
incumbent for a limited period of time, paid on an
hourly basis, not in an allocated position or in
permanent status.
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 - RECOGNITION
1.1 As sociation Recognition. The Association is
the formally recognized employee organization for the
Deputy Sheriffs' Management Unit and such
organization has been certified as such pursuant to
Chapter 34-12 of Board of Supervisor's Resolution
SECTION 2 - ASSOCIATION SECURITY
DSA MGMT UNIT - 6 - 2013 – 2016 MOU
81/1165 by Board Order dated September 21, 1993.
Represented classes in this unit are:
Captain (6XDA)
Sheriff’s Chief of Forensic Services (6DDB)
Lieutenant (6XHA)
Administrative Lieutenant (6XHB)
Deputy Sheriff Forensic Manager (6DGA)
1.2 Association Business. All elected members
of the Board of the governing body of the DSA and
any general member having agendized business
before the Board requiring the member's personal
appearance may be allowed to attend said Board
meeting during duty hours without any loss of pay or
benefit, provided that at least twenty-four (24) hour
advance written request is made.
The supervisor of the member shall be empowered to
grant release time, if the granting of same would not
require added costs (i.e., overtime or replacement by
a temporary employee). Operational impact will also
be considered.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26
of Resolution 81/1165 only a majority representative
may have dues deduction and as such the
Association has the exclusive privilege of dues
deduction for all members in its unit.
2.2 Maintenance of Membership. All employees
in units represented by the Association who are
SECTION 2 - ASSOCIATION SECURITY
DSA MGMT UNIT - 7 - 2013 – 2016 MOU
currently paying dues to the Association and all
employees in such units who hereafter be come
members of the Association shall as a condition of
continued employment pay dues to the Association
for the duration of this MOU and each year thereafter
so long as the Association continues to represent the
position to which the employee is assigned, unless
the employee has exercised the option to cease
paying dues in accordance with Section 2.3.
2.3 Withdrawal of Membership. By notifying the
Auditor-Controller's Department in writing, between
August 1 and August 31 of the agreed upon contract
terms, any employee may withdraw from Association
membership and discontinue paying dues as of the
payroll period commencing September 1 of the
current contract year, discontinuance of dues
payments to then be reflected in the October 10 th
paycheck of the current contract year. Immediately
upon the close of the above mentioned thirty (30) day
period the Auditor-Controller shall submit to the
Association a list of the employees who have
rescinded their authorization for dues deduction.
2.4 Communicating With Employees. The
Association shall be allowed to use designated
portions of bulletin boards or display areas in public
portions of County buildings or in public portions of
offices in which there are employees represented by
the Association, provided the commun ications
displayed have to do with official organization
business such as times and places of meetings and
further provided that the Association appropriately
posts and removes the information. The department
head reserves the right to remove objectionable
SECTION 2 - ASSOCIATION SECURITY
DSA MGMT UNIT - 8 - 2013 – 2016 MOU
materials after notification to and discussion with the
Association.
Representatives of the Association, not on County
time, shall be permitted to place a supply of employee
literature at specific locations in County buildings if
arranged through the Labor Relations Manager; said
representatives may distribute employee organization
literature in work areas (except work areas not open
to the public) if the nature of the literature and the
proposed method of distribution are compatible with
the work environment and work in progress. Such
placement and/or distribution shall not be performed
by on duty employees.
The Association shall be allowed access to work
locations in which it represents employees for the
following purposes:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
c. to leave and/or distribute a supply of literature
as indicated above;
d. to represent an employee on an appeal, and/or
to contact an Association officer on a matter
within the scope of representation.
In the application of this provision, it is agreed and
understood that in each such instance advance
arrangements including disclosure of which of the
above purposes is the reason for the visit, will be
made with the departmental representative in c harge
SECTION 2 - ASSOCIATION SECURITY
DSA MGMT UNIT - 9 - 2013 – 2016 MOU
of the work area, and the visit will not interfere with
County services.
2.5 Use of County Buildings. The Association
shall be allowed the use of areas normally used for
meeting purposes for meetings of County employees
during non-work hours when:
a. Such space is available and its use by the
Association is scheduled twenty-four (24)
hours in advance;
b. there is no additional cost to the County;
c. it does not interfere with normal County
operations;
d. employees in attendance are not on duty and
are not scheduled for duty;
e. the meetings are on matters within the scope
of representation.
The administrative official responsible for the space
shall establish and maintain scheduling of such uses.
The Association shall maintain proper order at the
meeting, and see that the space is left in a clean and
orderly condition.
The use of County equipment (other than items
normally used in the conduct of business meetings,
such as desks, chairs, ashtrays, and blackboards) is
prohibited, even though it may be present in the
meeting area.
SECTION 2 - ASSOCIATION SECURITY
DSA MGMT UNIT - 10 - 2013 – 2016 MOU
2.6 Advance Notice. The Association shall,
except in cases of emergency, have the right to
reasonable notice of any ordinance, rule, resolution or
regulation directly relating to matters within the scope
of representation proposed to be adopted by the
Board, or boards and commissions designated by the
Board, and to meet with the body considering the
matter.
The listing of an item on a public agenda, or the
mailing of a copy of a proposal at least seventy-two
(72) hours before the item will be heard, or the
delivery of a copy of the proposal at least twenty-four
(24) hours before the item will be heard, shall
constitute notice.
In cases of emergency when the Board, or boards
and commissions designated by the Board ,
determines it must act immediately without such
notice or meeting, it shall give notice and opportunity
to meet as soon as practical after its action.
2.7 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 Labor Relations Manager shall
review the composition of existing
representation units to determine the
appropriateness of including some or all of the
employees in the new class in one or more
existing representation units, and within a
reasonable period of time shall notify all
SECTION 3 - NO DISCRIMINATION
DSA MGMT UNIT - 11 - 2013 – 2016 MOU
recognized employee organizations of his
determination.
b. Final Determination. This determination is final
unless within ten (10) days after notification a
recognized employee organization requests in
writing to meet and confer thereon.
c. Meet and Confer and Other Steps. The Labor
Relations Manager 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-day period in
Subsection (b), unless otherwise mutually
agreed. Thereafter, the procedures in cases of
agreement and disagreement, arbitration
referral and expenses, and criteria for
determination shall conform to those in
Subsections (d) through (I) of Section 34-
12.008 of Board of Supervisors' Resolution
81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race,
creed, color, national origin, sex, sexual orientation or
Association activities against any employee or
applicant for employment by the County or by anyone
employed by the County; and to the extent prohibited
by applicable State and Federal law there shall be no
discrimination because of age. There shall be no
discrimination against any disabled person solely
because of such disability unless that disability
SECTION 4 - OFFICIAL
REPRESENTATIVES
DSA MGMT UNIT - 12 - 2013 – 2016 MOU
prevents the person from meeting the minimum
standards established for a position or from carrying
out the duties of the position safely.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees
designated as official representatives of the
Association shall be allowed to attend meetings held
by County agencies during regular working hours on
County time as follows:
a. If their attendance is required by the County at
a specific meeting;
b. if their attendance is sought by a hearing body
for presentation of testimony or other reasons;
c. if their attendance is required for meeting(s)
scheduled at reasonable times agreeable to all
parties required to address appeals filed
pursuant under Section 24 - Management
Complaint Procedure of this MOU;
d. 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 or
SECTION 5 – SALARIES
DSA MGMT UNIT - 13 - 2013 – 2016 MOU
his designee, and the County agency calling
the meeting is responsible for determining that
the attendance of the particular employee(s) is
required.
4.2 Association Representatives. Official
representatives of the Deputy Sheriffs' Management
Unit 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 Labor Relations Manager 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 Manager, and
that advance arrangements for the time away from
the work station or assignment are made with the
appropriate department head or his d esignee.
4.3 Union Release Time Bank – Limited Pilot
Program. The parties agree to continue negotiations
to develop this limited pilot program for utilization by
both the Management Unit and Rank and File Units of
the DSA.
SECTION 5 – SALARIES
5.1 General Wages.
The base rate of pay for all classifications
represented by the Deputy Sheriffs’ Association,
Management Unit, will be increased as follows:
A. Effective January 1, 2014 3% wage increase
SECTION 5 – SALARIES
DSA MGMT UNIT - 14 - 2013 – 2016 MOU
B. Effective July 1, 2014 3% wage increase
C. Effective July 1, 2015 3% wage increase
D. Sixth Salary Step: Beginning January 1, 2008,
(Sworn) classifications with five (5) steps in the salary
range shall be eligible for an additional salary step in
the amount of two and one-half percent (2.5%) upon
meeting both of the following two conditions: 1) Have
a total of sixty (60) months of Contra Costa County
service in a sworn classification in the Office of the
Sheriff and 2) Have eighteen (18) months at the top
step of a salary range in a classification listed in
Attachment A – Deputy Sheriff’s Management Unit
(V#) Class Listing.
5.2 Entrance Salary. New employees shall
generally be appointed at the minimum step of the
salary range established for the particular class of
position to which the appointment is made. However,
the appointing authority may fill a particular position at
a step above the minimum of the range.
5.3 Anniversary Dates. Except as may otherwise
be provided for in deep class resolutions, anniversary
dates will be set as follows:
a. New Employees. The anniversary date of a
new employee is the first day of the calendar
month after the calendar month when the
employee successfully completes six (6)
months service provided however, if an
employee began work on the first regularly
scheduled workday of the month the
anniversary date is the first day of the calendar
SECTION 5 – SALARIES
DSA MGMT UNIT - 15 - 2013 – 2016 MOU
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 Section 5.3.a above.
c. Demotions. The anniversary of a demoted
employee is the first day of the calendar month
after the calendar month when the demotion
was effective.
d. Transfers, Reallocations and Reclassifications.
The anniversary date of an employee who is
transferred to another position or one whose
position has been reallocated or reclassified to
a class allocated to the same salary range or
to a salary range which is within five percent
(5%) of the top step of the previous
classification, remains unchanged.
e. Reemployments. The anniversary of an
employee appointed from a reemployment list
to the first step of the applicable salary range
and not required to serve a probation period is
determined in the same way as the
anniversary date is determined for a new
employee who is appointed the same date,
classification and step and who then
successfully completes the required
probationary period.
f. Notwithstanding other provisions of this
Section 5, the anniversary of an employee who
is appointed to a classified position from
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DSA MGMT UNIT - 16 - 2013 – 2016 MOU
outside the County's merit system at a rate
above the minimum salary for the employee's
new class, or who is transferred from another
governmental entity to this County's merit
system, is one (1) year from the first day of the
calendar month after the calendar month when
the employee was appointed or transferred;
provided however, when the appointment or
transfer is effective on the employee's first
regularly scheduled work day of that month,
his/her anniversary is one (1) year after the
first calendar day of that month.
5.4 Increments Within Range. The performance
of each employee, except those of employees
already at the maximum salary step of the appropriate
salary range, shall be reviewed on the anniversary
date as set forth in Section 5.3 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 more frequently than once a
year, nor shall more than one (1) step within-range
increment be granted at one time, except as
otherwise provided in deep-class resolutions. In case
an appointing authority recommends denial o f the
within range increment on some particular
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DSA MGMT UNIT - 17 - 2013 – 2016 MOU
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 the department verifies in
writing that an administrative or clerical error was
made in failing to submit the documents needed to
advance an employee to the next salary s tep on the
first of the month when eligible, said advancement
shall be made retroactive to the first of the month
when eligible.
5.5 Part-Time Compensation. A part-time
employee shall be paid a monthly salary in the same
ratio to the full-time monthly rate to which the
employee would be entitled as a full-time employee
under the provisions of this Section 5 as the number
of hours per week in the employee's part-time work
schedule bears to the number of hours in the full-time
work schedule of the department.
5.6 Compensation for Portion of Month. Any
employee who works less than any full calendar
month, except when on earned vacation or authorized
sick leave, shall receive as compensation for services
an amount which is in the same ratio to the
established monthly rate as the 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
SECTION 5 – SALARIES
DSA MGMT UNIT - 18 - 2013 – 2016 MOU
class which is allocated to the same range of the
basic salary schedule as is the class of the position
before it was reclassified, shall be paid at the same
step of the range as the employee received under the
previous classification.
An incumbent of a position which is reclassified to a
class which is allocated to a lower range of the basic
salary schedule shall continue to receive the same
salary as before the reclassification, but if such salary
is greater than the maximum of the range of the class
to which the position has been reclassified, the salary
of the incumbent shall be reduced to the maximum
salary for the new classification. The salary of an
incumbent of a position which is reclassified to a class
which is allocated to a range of the basic salary
schedule greater than the range of the class of the
position before it was reclassified shall be governed
by the provisions of Section 5.9 - Salary on
Promotion.
5.8 Salary Reallocation & Salary on
Reallocation.
A. In a general salary increase or decrease, an
employee in a class which is allocated to a
salary range above or below that to which it was
previously allocated, when the number of steps
remain the same, shall be compe nsated 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
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on the new range which is in the same
percentage ratio to the top step of the new
range as was the salary received before
reallocation to the top step of the old range, but
in no case shall any employee be compensated
at less than the first step of the range to which
the class is allocated.
B. In the event that a classification is reallocated
from a salary range with more steps to a salary
range with fewer steps on the salary schedule,
apart from the general salary increase or
decrease described in 5.8.A above, each
incumbent of a position in the reallocated class
shall be placed upon the step of the new range
which equals the rate of pay received before the
reallocation. In the event that the steps in the
new range do not contain the same rates as the
old range, each incumbent shall be placed at
the step of the new range which is next above
the salary rate received in the old range, or if
the new range does not contain a higher step,
at the step which is next lower than the salary
received in the old range.
C. In the event an employee is in a position which
is reallocated to a different class which is
allocated to a salary range the same as, above
or below the salary range of the employee's
previous class, the incumbent shall be p laced at
the step in the new class which equals the rate
of pay received before reallocation. In the event
that the steps in the range for the new class do
not contain the same rates as the range for the
old class, the incumbent shall be placed at the
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step of the new range which is next above the
salary rate received in the old range; or if the
new range does not contain a higher step, the
incumbent shall be placed at the step which is
next lower than the salary received in the old
range.
D. In the event of reallocation to a deep class, the
provisions of the deep class resolution and
incumbent salary allocations, if any, shall
supersede Section 5.8.
5.9 Salary on Promotion. Any employee who is
appointed to a position of a class allocated to a higher
salary range than the class previously occupied,
except as provided under Section 5.12 shall receive
the salary in the new salary range which is next
higher than the rate received before promotion. In the
event this increase is less than five percent (5%), th e
employee's salary shall be adjusted to the step in the
new range which is at least five percent (5%) greater
than the next higher step; provided however that the
next step shall not exceed the maximum salary for the
higher class.
In the event of the promotion of a laid off employee
from the layoff list to the class from which the
employee was laid off, the employee shall be
appointed at the step which the employee had
formerly attained in the higher class unless such step
results in an increase of less than five percent (5%),
in which case the salary shall be adjusted to the step
in the new range which is five percent (5%) greater
than the next higher step, if the new range permits
such adjustment.
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5.10 Salary on Involuntary Demotion. Any
employee who is demoted, except as provided under
Section 5.12, shall have his/her salary reduced to the
monthly salary step in the range for the class of
position to which he has been demoted next lower
than the salary received before demotion. In the
event this decrease is less than five percent (5%), the
employee's salary shall be adjusted to the step in the
new range which is five percent (5%) less than the
next lower step; provided, however, that the next step
shall not be less than the minimum salary for the
lower class.
Whenever the demotion is the result of layoff,
cancellation of positions or displacement by another
employee with greater seniority rights, the salary of
the demoted employee shall be that step on the
salary range which he/she would have achieved had
he/she been continuously in the position to which
he/she has been demoted, all within-range
increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever
any employee voluntarily demotes to a position in a
class having a salary schedule lower than that of the
class from which he 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 Transfer. An employee who is transferred
from one position to another as described under
"Transfer" shall be placed at the step in the salary
range of the new class which equals the rate of pay
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received before the transfer. In the event that the
steps in the range for the new class do not contain
the same rates as the range for the old class, the
employee shall be placed at the step of the new
range which is next above the salary rate received in
the old range; or if the new range does not contain a
higher step, the employee shall be placed at the step
which is next lower than the salary received in the old
range. If the transfer is to a deep class, the provisions
of the deep class resolution on salary of transfers, if
any, shall apply in lieu of the above provisions.
5.13 Pay for Work in Higher Classification.
When an employee in a permanent position in the
merit system is required to work in a classification for
which the compensation is greater than that to which
the employee is regularly assigned, the employee
shall receive compensation for such work at the rate
of pay established for the higher classification
pursuant to Section 5.9 - Salary on Promotion of this
MOU, commencing on the eleventh (11th) work day
of the assignment, under the following conditions:
a. The employee is assigned to a program,
service, or activity established by the Board of
Supervisors which is reflected in an authorized
position which has been classified and
assigned to the Salary Schedule.
b. The nature of the departmental assignment is
such that the employee in the lower
classification becomes fully responsible for the
duties of the position of the higher
classification.
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c. Employee selected for the assignment will
normally be expected to meet the minimum
qualifications for the higher classification.
d. Pay for work in a higher classification shall not
be utilized as a substitute for regular
promotional procedures provided in this MOU.
e. The appropriate authorization form has been
submitted by the Department Head and
approved by the County Administrator.
f. Higher pay assignments shall not exceed six
(6) months except through reauthorization.
g. If approval is granted for pay for work in a
higher classification and the assignment is
terminated and later reapproved for the same
employee within thirty (30) days no additional
waiting period will be required.
h. Any incentives and special differentials
accruing to the employee in his/her permanent
position shall continue unless the employee is
no longer performing the duties which warran t
the differentials.
i. 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.
j. Allowable overtime pay, shift differentials
and/or work location differentials will be paid
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on the basis of the rate of pay for the higher
class.
5.14 Payment. On the tenth (10th) day of each
month, the Auditor will draw a warrant upon the
Treasurer in favor of each employee for the amount
of salary due the employee for the preceding month;
provided, however, that each employee (except those
paid on an hourly rate) may choose to receive an
advance on the employee's monthly salary, in which
case the Auditor shall, on the twenty-fifth (25th) day
of each month, draw his/her warrant upon the
Treasurer in favor of such employee.
The advance shall be in an amount equal to one -third
(1/3) or less (at the option of the employee) of the
employee's basic salary of the previous month except
that it shall not exceed the amount of the previous
month's basic salary less all requested or required
deductions.
The election to receive an advance shall be made on
or before April 30 or October 31 of each year or
during the first month of employment by filing on
forms prepared by the Auditor-Controller a notice of
election to receive salary advance.
Each election shall become effective on the first day
of the month following the deadline for filing the notice
and shall remain effective until revoked.
In the case of an election made pursuant to this
Section 5.14, all required or requested deductions
from salary shall be taken from the second
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DSA MGMT UNIT - 25 - 2013 – 2016 MOU
installment, which is payable on the tenth (10th) day
of the following month.
Direct Deposit Provisions. No later than July 1, 2002,
all employees shall voluntarily authorize and make
arrangements for the direct deposit of their paychecks
via electronic fund transfer into the financial institution
of their choice using forms approved by the Auditor-
Controller and subject to Labor Code section 213.
Employees will have their payroll advice statements
mailed to their address on file with the County.
As a condition of continued employment, all
employees hired into classifications represented by
the DSA on or after July 1, 2002, shall voluntarily
authorize and make arrangements for the direct
deposit of their paychecks via electronic fund transfer
into the financial institution of their choice using forms
approved by the Auditor-Controller, subject to Labor
Code section 213.
Pursuant to Labor Code section 213, an individual
employee having provided consent for direct deposit
as outlined above, may choose to opt out of direct
deposit at a later date. Individual employees that opt -
out of direct deposit will have their pay warrant mailed
to their address on file with the County under regular
County payroll procedures.
Direct Mailing of Pay Warrant and Pay Warrant
Advice. The County shall distribute pay warrants
and/or pay warrant advices via United State s mail.
Pay warrant and pay warrant advices shall be mailed
directly to each employee’s address on file with the
County subject to the following:
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DSA MGMT UNIT - 26 - 2013 – 2016 MOU
a. If an employee has not received his/her pay
warrant or pay warrant advice five (5) calendar
days following the mailing of said warrant or
advice, and upon request of the employee, the
County shall issue a replacement pay warrant
or pay warrant advice within twenty-four (24)
hours of receiving the employee’s request for a
replacement.
b. Payroll errors shall be corrected as follows:
1. Errors of two hundred dollars ($200)
gross or more will be corrected within
five (5) working days.
2. Errors amounting to less than two
hundred dollars ($200) gross, shall be
adjusted the next pay period.
3. The hardship requirement will no longer
apply to payroll corrections.
4. Request for payroll corrections shall be
forwarded by the Department, not by the
employee, to the Auditor’s Payroll
Division.
5. Payroll adjustments would be by a
paper check as opposed to an
electronic transfer.
6. Items 1 through 5 above
notwithstanding, the provisions of
Section 25 – Pay Warrant Errors of the
DSA MGMT UNIT - 27 - 2013 – 2016 MOU
current DSA MOU remain in force and
effect.
c. There shall be no fee to employees for the
processing of pay warrants and/or pay warrant
advices, or for the correction of payroll errors.
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. Alternate Work Schedule: An alternate work
schedule is any work schedule where an
employee is regularly scheduled to work five
(5) days per week, but the employee’s
regularly scheduled two (2) days off are NOT
Saturday and Sunday.
C. Flexible Work Schedule: A flexible work
schedule is any schedule that is not a regular,
alternate, 4/10, 9/80, or Coroner’s Bureau
“Living in Positions” work schedule and where
the employee is not scheduled to work more
than 40 hours in the work week or 171 hours in
the work period as defined in Subsection H.
and I., below.
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DSA MGMT UNIT - 28 - 2013 – 2016 MOU
D. 4/10 Work Schedule: A 4/10 work schedule is
four (4) ten hour days in a seven (7) day
period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is
where an employee works a recurring schedule
of thirty-six (36) hours in one calendar week
and forty-four (44) hours in the next calendar
week, but only forty (40) hours in the
designated workweek. In the thirty-six (36)
hour calendar week, the employee works four
(4) nine (9) hour days and has the same day of
the week off that is worked for eight (8) hours
in the forty-four (44) hour calendar week. In
the forty-four (44) hour calendar week, the
employee works four (4) nine (9) hour days
and one (1) eight (8) hour day.
F. Coroner’s Division “Living-In Positions”
Work Schedule: The work schedule for
employees in the Coroner's Division filling
"living-in positions" consists of three (3) twenty-
four (24) hour shifts during a nine (9) calendar
day period. The general order of the work
shifts is as follows: 24-hour on duty; 24-hour
off duty; 24-hour on duty; 24-hour off duty; 24-
hour on duty; followed by four (4) consecutive
days off.
G. Workweek for Employees on Regular,
Flexible, Alternate, and 4/10 Work
Schedules: For employees on regular,
alternate, flexible, and 4/10 work schedules,
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the workweek begins at 12:01 a.m. on Monday
and ends at 12 midnight on Sunday.
H. Workweek for Employees on a 9/80 Work
Schedule: The 9/80 workweek begins on the
same day of the week as the employee’s eight
(8) hour work day and regularly scheduled 9/80
day off. The start time of the workweek is four
(4) hours and one (1) minute after the start
time of the eight (8) hour workday. The end
time of the workweek is four (4) hours after the
eight (8) hour workday start time. The result is
a workweek that is a fixed and regularly
recurring period of seven (7) consecutive
twenty-four (24) hour periods (168 hours).
I. Work Period for Sworn Employees: For
sworn employees in classifications listed in
Attachment A of the DSA Management Unit
(V#), the work period is between seven and 28
consecutive days long.
6.2 Time Reporting/Time Stamping:
Permanent Intermittent (hourly) employees
must timestamp in and out as they begin their
work shifts, finish their work shifts, and take
meal periods. Salaried employees will report
time off and time worked for special pays on
the electronic timecard.
SECTION 7 - SENIORITY, WORKFORCE
REDUCTION, LAYOFF & REASSIGNMENT
SECTION 7 - SENIORITY, WORKFORCE
REDUCTION, LAYOFF & REASSIGNMENT
DSA MGMT UNIT - 30 - 2013 – 2016 MOU
7.1 Workforce Reduction. In the event that
funding reductions or shortfalls in funding occur in a
department or are expected, which may result in
layoffs, the department will notify the Association and
take the following actions:
a. Identify the classification(s) in which position
reductions may be required due to funding
reductions or shortfalls.
b. Advise employees in those classifications that
position reductions may occur in their
classifications.
c. Accept voluntary leaves of absence from
employees in those classifications which do
not appear to be pote ntially impacted by
possible position reductions when such leaves
can be accommodated by the department.
d. Approve requests for reduction in hours, lateral
transfers, and voluntary demotions to vacant,
funded positions in classes not scheduled for
layoffs within the department, as well as to
other departments not experiencing funding
reductions or shortfalls when it is a viable
operational alternative for the department(s).
e. Review various alternatives which will help
mitigate the impact of the layoff by working
through the Tactical Employment Team
program (TET) to:
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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.
f. When it appears to the Department Head
and/or Labor Relations Manager that the Board
of Supervisors may take action which will result
in the layoff of employees in a representation
unit, the Labor Relations Manager shall notify
the Association of the possibility of such layoffs
and shall meet and confer with the Association
regarding the implementation of the action.
7.2 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,
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DSA MGMT UNIT - 32 - 2013 – 2016 MOU
lack of work, lack of funds or for such other
reason(s) as the Board of Supervisors deems
sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a
department shall be based on inverse seniority
in the class of positions, the employee in that
department with least seniority being laid off
first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off
permanent full time employee may
displace an employee in the department
having less seniority in the same class
who occupies a permanent-intermittent
or permanent part-time position, the
least senior employee being displaced
first.
2. In the Same Level or Lower Class. A
laid off or displaced employee who had
achieved permanent status in a class at
the same or lower salary level as
determined by the salary schedule in
effect at the time of layoff may displace
within the department and in the class of
an employee having less seniority; the
least senior employee being displaced
first, and so on with senior displaced
employees displacing junior employees.
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REDUCTION, LAYOFF & REASSIGNMENT
DSA MGMT UNIT - 33 - 2013 – 2016 MOU
D. Particular Rules on Displacing.
1. Permanent-intermittent and permanent
part-time employees may displace only
employees holding permanent positions
of the same type respectively.
2. A permanent full time employee may
displace any intermittent or part-time
employee with less seniority 1) in the
same class or, 2) in a class of the same
or lower salary level if no full time
employee in a class at the same or
lower salary level has less seniority than
the displacing employees.
3. Former permanent full time employees
who have voluntarily become permanent
part-time employees for the purpose of
reducing the impact of a proposed layoff
with the written approval of the Director
of Human Resources or designee retain
their permanent full time employee
seniority rights for layoff purposes only
and may in a later layoff displace a fu ll
time employee with less seniority as
provided in these rules.
E. Seniority. An employee's seniority within a
class for layoff and displacement purposes
shall be determined by adding the employee's
length of service in the particular class in
question to the employee's length of service in
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REDUCTION, LAYOFF & REASSIGNMENT
DSA MGMT UNIT - 34 - 2013 – 2016 MOU
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 other
classes which have been included in the deep
class.
Service for layoff and displacement purposes
includes only the employee's last continuous
permanent County employment. Periods of
separation may not be bridged to extend such
service unless the separation is a result of
layoff in which case bridging will be authorized
if the employee is reemployed in a permanent
position within the period of layoff eligibility.
Approved leaves of absence as provided for in
these rules and regulations shall not constitute
a period of separation. In the event of ties in
seniority rights in the particular class in
question, such ties shall be broken by length of
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REDUCTION, LAYOFF & REASSIGNMENT
DSA MGMT UNIT - 35 - 2013 – 2016 MOU
last continuous permanent County
employment. If there remain ties in seniority
rights, such ties shall be broken by counting
total time in the department in permanent
employment. Any remaining ties shall be
broken by random selection among the
employees involved.
F. Eligibility for Layoff List. Whenever any person
who has permanent status is laid off, has been
displaced, has been demoted by displacement
or has voluntarily demoted in lieu of layoff or
displacement, or has transferred in lieu of
layoff or displacement, the person's name shall
be placed on the layoff list for the class of
positions from which that person has been
removed.
G. Order of Names on Layoff . First, layoff lists
shall contain the names of persons laid off,
displaced, or demoted as a result of a layoff or
displacement, or who have voluntarily demoted
in lieu of layoff or displacement or who have
transferred in lieu of layoff or displacement.
Names shall be listed in order of layoff
seniority in the class from which laid off,
displaced, demoted or transferred on the date
of layoff, the most senior person listed first. In
case of ties in seniority, the seniority rules shall
apply except that where there is a class
seniority tie between persons laid off from
different departments, the tie(s) shall be
broken by length of last continuous permanent
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REDUCTION, LAYOFF & REASSIGNMENT
DSA MGMT UNIT - 36 - 2013 – 2016 MOU
County employment with remaining ties broken
by random selection among the employees
involved.
H. Duration of Layoff and Reemployment Rights.
The name of any person granted
reemployment privileges shall continue on the
appropriate list for a period of two (2) years.
Persons placed on layoff lists shall continue on
the appropriate list for a period of four (4)
years.
I. Certification of Persons From Layoff Lists .
Layoff lists contain the name(s) of person(s)
laid off, displaced or demoted by displacement
or voluntarily demoted in lieu of layoff or who
transferred in lieu of layoff or displacement.
When a request for personnel is received from
the appointing authority of a department from
which an eligible(s) was laid off, the appointing
authority shall receive and appoint the eligible
highest on the layoff list from the department.
When a request for personnel is received f rom
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.
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REDUCTION, LAYOFF & REASSIGNMENT
DSA MGMT UNIT - 37 - 2013 – 2016 MOU
J. Removal of Names from Reemployment &
Layoff Lists. The Director of Human Resources
may remove the name of any eligible from a
reemployment or layoff list for any reason
listed below:
1. For any cause stipulated in Section
404.1 of the Personnel Management
Regulations.
2. On evidence that the eligible cannot be
located by postal authorities.
3. On receipt of a statement from the
appointing authority or eligible that the
eligible declines certification or indicates
no further desire for appointment in the
class.
4. If three (3) offers of permanent
appointment to the class for which the
eligible list was established have been
declined by the eligible.
5. If the eligible fails to respond to the
Director of Human Resources or the
appointing authority within ten (10) days
to written notice of certification mailed to
the person's last known address.
6. If the person on the reemployment or
layoff list is appointed to another
position in the same or lower
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REDUCTION, LAYOFF & REASSIGNMENT
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classification, the name of the person
shall be removed.
7. However, if the first permanent
appointment of a person on a layoff list
is to a lower class which has a top step
salary lower than the top step of the
class from which the person was laid
off, the name of the person shall not be
removed from the layoff list. Any
subsequent appointment of such person
from the layoff list shall result in removal
of that person's name.
K. Removal of Names from Reemployment and
Layoff Certifications. The Director of Human
Resources may remove the name of any
eligible from a reemployment or layoff
certification if the eligible fails to respond within
five (5) days to a written notice of certification
mailed to the person's last known address.
7.3 Notice. The County agrees to give employees
scheduled for layoff at least ten (10) work days notice
prior to their last day of employment.
7.4 Special Employment Lists. The County will
establish a TET Employment Pool which will include
the names of all laid off County employees. Special
employment lists for job classes may be established
from the pool. Persons placed on a special
employment list must meet the minimum
qualifications for the class. An appointment from such
SECTION 8 - HOLIDAYS
DSA MGMT UNIT - 39 - 2013 – 2016 MOU
a list will not affect the individual's status on a layoff
list(s).
7.5 Reassignment of Laid Off Employees.
Employees who displaced within the same
classification from full time to part-time or intermittent
status in a layoff, or who voluntarily reduced their
work hours to reduce the impact of layoff, or who
accepted a position of another status than that from
which they were laid off upon referral from the layoff
list, may request reassignment back to their pre -layoff
status (full time or part-time or increased hours). The
request must be in writing in accord with each
department's reassignment bid or selection process.
Employees will be advised of the reassignment
procedure to be followed to obtain reassignment back
to their former status at the time of the workforce
reduction. The most senior laid off employee in this
status who requests such a reassignment will be
selected for the vacancy; except when a more senior
laid off individual remains on the layoff list and has
not been appointed back to the class from which laid
off, a referral from the layoff list will be made to fill the
vacancy.
SECTION 8 - HOLIDAYS
8.1 Holidays Observed. The County will observe
the following holidays:
A. January 1st, known as New Year's Day
Third Monday in January, known as
Dr. M. L. King, Jr. Day
Third Monday in February, known as President's Day
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DSA MGMT UNIT - 40 - 2013 – 2016 MOU
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving
Day
Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by
resolution designate as holidays.
Any holiday observed by the County that falls on a
Saturday is observed on the preceding Friday and
any holiday that falls on a Sunday is observed on the
following Monday.
For employees who work in twenty-four (24) hour
facilities and are assigned to rotating shifts, any
holiday that falls on a Saturday will be observed on a
Saturday, and any holiday that falls on a Sunday will
be observed on a Sunday.
B. Each full-time employee will accrue two (2)
hours of personal holiday credit per month. Such
personal holiday time may be taken in one (1) minute
increments, and preference of personal holidays will
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, an employee will be paid for any unused
personal holiday credits at the employee’s then
current pay rate.
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DSA MGMT UNIT - 41 - 2013 – 2016 MOU
8.2 Holiday is NOT Worked and Holiday Falls
on Scheduled Work Day
A. Holiday Observed – Full-time Employees:
Full-time employees are entitled to observe a
holiday (eight (8) hours off), without a reduction
in pay, whenever a holiday is observed by the
County.
B. Holiday Observed in Excess of Eight (8)
hours – Full-time Employees: When a
holiday falls on a full-time employee’s
scheduled workday, the employee is entitled to
only eight (8) hours off without a reduction in
pay. If the workday is a nine (9) hour day, the
employee must use one (1) hour of non-sick
leave accruals. If the workday is a ten (10)
hour day, the employee must use two (2) hours
of non-sick leave accruals. If the workday is a
twelve (12) hour day, the employee must use
four (4) hours of non-sick leave accruals. If the
employee does not have any non -sick leave
accrual balances, leave without pay (AWOP)
will be authorized.
C. Holiday Observed- Part-time Employees:
Whenever a holiday is observed by the
County, a part-time employee is entitled to
observe the holiday (hours off) in the same
ratio as his/her number of position hours bears
to forty (40) hours, multiplied by eight (8)
hours, without a reduction in pay. For
example, a part-time employee whose position
hours are 24 hours per week is entitled to 4.8
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DSA MGMT UNIT - 42 - 2013 – 2016 MOU
hours off work on a holiday (24/40 multiplied by
8 = 4.8). Hereinafter, the number hours
produced by this calculation will be referred to
as the “part-time employee’s holiday hours.”
D. Holiday Observed in Excess of Eight (8)
hours - Part-time Employees: When a
holiday falls on a part-time employee’s
scheduled workday, the employee is entitled to
only the “part-time employee’s holiday hours”
off without a reduction in pay. For example, if
the workday is a six (6) hour day and the
employee is a 24/40 hour employee entitled to
4.8 hours off without a reduction of pay in
recognition of the holiday, the employee must
use 1.2 hours of non-sick leave accruals. If the
employee does not have any non -sick leave
accrual balances, leave without pay (AWOP)
will be authorized.
8.3 Holiday is NOT Worked and Holiday Falls
on Scheduled Day Off
A. Full-Time Employee: When a holiday is
observed by the County on the scheduled day
off of a full-time employee, the employee is
entitled to take eight (8) hours off, without a
reduction in pay, in recognition of the holiday.
1. Employee Works on his/her Next
Scheduled Work Day Following the
Holiday: When a full time employee
works on his/her next scheduled work
day following the holiday, the employee
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DSA MGMT UNIT - 43 - 2013 – 2016 MOU
is entitled to receive his/her regular
salary.
2. Employee does NOT work on his/her
Next Scheduled Work Day Following
the Holiday: When a full time
employee does NOT work on his/her
next scheduled work day following the
holiday, the employee is entitled to the
day off, without a reduction in pay, in
recognition of his/her regularly
scheduled day off.
3. The County retains the right to decide
whether an employee will work or not
work on the next scheduled work day
following a holiday.
B. Part-Time Employee: When a holiday is
observed by the County on the scheduled day
off of a part-time employee, in recognition of
the holiday the employee is entitled to take the
amount of “part-time employee’s holiday hours”
off without a reduction in pay.
1. Employee Works on his/her Next
Scheduled Work Day Following the
Holiday: When a part-time employee
works on his/her next scheduled work
day following the holiday, the employee
is entitled to receive his/her regular
salary.
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2. Employee does NOT work on his/her
Next Scheduled Work Day Following
the Holiday: When a part-time
employee does NOT work on his/her
next scheduled work day following the
holiday, the employee is entitled to take
the amount of “part-time employee’s
holiday hours” off without a reduction in
pay in recognition of his/her regularly
scheduled day off.
3. The County retains the right to decide
whether an employee will work or not
work on the next scheduled work day
following a holiday.
SECTION 9 - VACATION LEAVE
9.1 Vacation Allowance. Employees in
permanent positions are entitled to vacation with pay.
Accrual is based upon straight time hours of working
time per calendar month of service and begins on the
date of appointment to a permanent position.
Increased accruals begin on the first of the month
following the month in which the employee qualifies.
Accrual for portions of a month shall be in minimum
amounts of one (1) hour calculated on the same basis
as for partial month compensation pursuant to
Section 5.5 of this MOU.
Vacation credits may be taken in one (1) minute
increments and may not be rounded. Vacation may
not be taken during the first six (6) months of
employment (not necessarily synonymous with
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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.
9.2 Vacation Accrual Rates. All employees shall
accrue vacation credit as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
9.3 Accrual During Leave Without Pay. No
employee who has been granted a leave without pay
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. Exception: Employees on unpaid military
leave shall accrue vacation credits.
9.4 Vacation Allowance for Separated
Employees. On separation from County service, an
employee shall be paid for any unused vacation
credits at the employee's then current pay rate.
9.5 Pro-rated Accruals. Employees in permanent
part-time and permanent-intermittent positions shall
accrue vacation benefits on a prorated basis as
provided in Resolution 81/1165, Section 32-2.006.
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9.6 Vacation Leave on Reemployment From a
Layoff List. Employees with six months or more
service in a permanent position prior to their layoff
who are employed from a layoff list, shall be
considered as having completed six months tenure in
a permanent position for the purpose of vacation
leave. The appointing authority or designee will
advise the Auditor-Controller's Payroll Unit in each
case where such vacation is authorized so that
appropriate payroll system override actions can be
taken.
SECTION 10 - SICK LEAVE
10.1 Purpose. The purpose of paid sick leave is to
insure employees against loss of pay for temporary
absences from work due to illness or injury. Sick
leave may be used only as authorized; it is not paid
time off which employees may use for personal
activities.
10.2 Accrual. Sick leave credits accrue at the rate
of eight (8) working hours credit for each completed
month of service. Employees who work a portion of a
month are entitled to a pro rata share of the monthly
sick leave credit computed on the same basis as is
partial month compensation.
Credits to and charges against sick leave are made in
minimum amounts of one (1) minute increments and
may not be rounded. Unused sick leave credits
accumulate from year to year. When an employee is
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DSA MGMT UNIT - 47 - 2013 – 2016 MOU
separated, other than through retirement,
accumulated sick leave credits shall be cancelled,
unless the separation results from layoff in which
case the accumulated credits shall be restored if the
employee is reemployed in a permanent position
within the period of his layoff eligibility.
Upon retirement, an employee's accumulated sick
leave shall be converted to retirement time on the
basis of one (1) day of retirement service credit for
each day of accumulated sick leave credit.
Accumulated paid sick leave credits may be used,
subject to appointing authority approval, by an
employee in pay status, but only in the following
instances:
a. An employee may use paid sick leave credits
when the employee is off work because of a
temporary illness or injury.
b. Sick leave may be used by permanently
disabled employees until all accruals of the
employee have been exhausted or until the
employee is retired by the Retirement Board
subject to the conditions listed below. For the
purposes of this Section 10, permanent
disability shall mean the employee suffers from
a disabling physical injury or illness and is
thereby prevented from engaging in any
County occupation for which he or she is
qualified by reason of education, training or
experience. Sick leave credits may be used
under this provision only when the f ollowing
requirements are met:
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DSA MGMT UNIT - 48 - 2013 – 2016 MOU
1. An application for retirement due to
disability has been filed with the
Retirement Board; and
2. Satisfactory medical evidence of such
disability is received by the appointing
authority within thirty (30) days of the
start of use of sick leave for permanent
disability. The appointing authority may
review medical evidence and order
further examination as he deems
necessary, and may terminate use of
sick leave when such further
examination demonstrates that the
employee is not disabled, or when the
appointing authority determines that the
medical evidence submitted by the
employee is insufficient, or where the
above conditions have not been met.
c. Communicable Disease. An employee may
use paid sick leave credits while unde r a
physician's orders to remain secluded due to
exposure to a communicable disease.
d. Sick Leave Utilization for Pregnancy Disability.
Every female employee shall be entitled to at
least four (4) months leave of absence on
account of pregnancy disability and to use
available sick leave or vacation pay
entitlements during such leave.
1. Application for such leave must be
made by the employee to the appointing
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DSA MGMT UNIT - 49 - 2013 – 2016 MOU
authority accompanied by a written
statement of disability from the
employee's attending physician. The
statement must address itself to the
employee's general physical condition
having considered the nature of the
work performed by the employee, and it
must indicate the date of the
commencement of the disability as well
as the date the physician anticipates the
disability to terminate. The appointing
authority retains the right to medical
review of all requests for such leave.
2. If a female employee does not apply for
sick leave and the appointing authority
believes that the employee is not able to
properly perform her work or that her
general health is impaired due to
disability caused or contributed to by
pregnancy, miscarriage, abortion,
childbirth or recovery therefrom, the
employee shall be required to undergo a
physical examination by a physician
selected by the County, and the cost of
such examination shall be borne by the
County. Should the medical report so
recommend, a mandatory leave shall be
imposed upon the employee for the
duration of the disability.
3. If all accrued sick leave has been
utilized by the employee the employee
shall be considered on leave without
pay. Sick leave may not be utilized after
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DSA MGMT UNIT - 50 - 2013 – 2016 MOU
the employee has been released from
the hospital unless the employee has
provided the County with a written
statement from her attending physician
stating that her disability continues and
the projected date of the employee's
recovery from such disability.
e. Medical & Dental Appointments. An employee
may use paid sick leave credits for medical
and dental appointments as follows:
1. For working time used in keeping
medical and dental appointments for the
employee's own care; and
2. For working time (not over forty (40)
hours in each fiscal year) used by an
employee for pre-scheduled medical
and dental appointments for an
immediate family member living in the
employee's home and for children and
parents who may reside outside of the
employee's home. Such use of sick
leave credits shall be accounted for by
the department on a fiscal year basis.
Any balance of the forty (40) hours
remaining at the end of the fiscal year
shall not be carried over to the next
year; departments shall notify the
employee if the maximum allowance is
reached. Authorization to use sick leave
for this purpose is contingent on
availability of accumulated sick leave
credits; it is not an additional allotment
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DSA MGMT UNIT - 51 - 2013 – 2016 MOU
of sick leave which employees may
charge.
f. Emergency Care of Family. An employee may
use paid sick leave for working time used in
cases of illness, or injury to, an immediate
family member living in the employee's home,
or for children and parents who may reside
outside of the employee's home.
g. Death of Family Member. An employee may
use said sick leave credits for absence from
work because of a death in the employee's
immediate family, but this shall not excee d
three (3) working days plus up to two (2) days
of work time for necessary travel.
h. Definition of Immediate Family. For the
purposes of this Section 10 the immediate
family shall be restricted to the spouse, son,
stepson, daughter, stepdaughter, father,
stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, aunt, uncle, father-in-
law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law or domestic partner
of an employee.
10.3 Administration of Sick Leave. Accumulated
paid sick leave credits may not be used in the
following situations:
a. Self-inflicted Injury. For time off from work for
an employee's illness or injury caused by his or
her willful misconduct.
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DSA MGMT UNIT - 52 - 2013 – 2016 MOU
b. Vacation. For an employee's illness or injury
while the employee is on vacation except when
extenuating circumstances exist and the
appointing authority approves.
c. Not in Pay Status. When the employee would
otherwise be eligible to use paid sick leave
credits but is not in a pay status.
The proper administration of sick leave is a
responsibility of the employee and the department
head. Employees are responsible for notifying their
respective division of an absence as early as possible
prior to the commencement of their work shift and in
accordance with divisional operational requirements.
Notification shall include the reason and possible
duration of the absence. Employees are responsible
for keeping their department informed of their
continuing condition and probable date of return to
work. Employees are responsible for obtaining
advance approval from their appointing authority or
designee for the schedule time of prearranged
personal or family medical and dental appointments.
The use of sick leave may be denied if these
procedures are not followed. Abuse of sick leave on
the part of the employee is cause for disciplinary
action. To ascertain the propriety of claims against
sick leave, the department head may make such
investigations as he deems necessary including
medical verification of illness.
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DSA MGMT UNIT - 53 - 2013 – 2016 MOU
10.4 Disability.
A. An employee physically or mentally
incapacitated for the performance of duty is
subject to dismissal, suspension or demotion,
subject to the County Employees Retirement
Law of l937. An appointing authority after
giving notice may place an employee on leave
if the appointing authority has filed an
application for disability retirement for the
employee, or whom the appointing authority
believes to be temporarily or permanently
physically or mentally incapacitated for the
performance of the employees’ duties.
B. An appointing authority who has reasonable
cause to believe that there are physical or
mental health conditions present in an
employee which endanger the health or safety
of the employee, other employees, or the
public, or which impair the employee's
performance of duty, may order the employee
to undergo at County expense and on the
employee's paid time, a physical, medical
and/or psychiatric examination by a licensed
physician or psychologist and receive a report
of the findings on such examination. If the
examining physician or psychologist
recommends that treatment for physical or
mental health problems, including leave, are in
the best interests of the employee or the
County in relation to the employee overcoming
any disability and/or performing his or her
duties the appointing authority may direct the
SECTION 10 - SICK LEAVE
DSA MGMT UNIT - 54 - 2013 – 2016 MOU
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 (2)
weeks in duration, the appointing authority may
order the employee to undergo at County
expense a physical, medical, and/or psychiatric
examination by a licensed physician or
psychologist, and may consider a report of the
findings on such examination. If the report
shows that such employee is physically or
mentally incapacitated for the performance of
duty, the appointing authority may take such
action as he deems necessary in accordance
with appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid
leave of absence or suspended because of
physical or mental incapacity under (A) or (B)
above, the employee shall be given notice of
the proposed leave of absence or suspension
by letter or memorandum, delivered personally
or by certified mail, containing the following:
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DSA MGMT UNIT - 55 - 2013 – 2016 MOU
1. a statement of the leave of absence or
suspension proposed;
2. the proposed dates or duration of the
leave or suspension which may be
indeterminate until a certain physical or
mental health condition has been
attained by the employee;
3. a statement of the basis upon which the
action is being taken;
4. a statement that the employee may
review the materials upon which the
action is taken;
5. a statement that the employee has until
a specified date (not less than seven (7)
work days from personal delivery or
mailing of the notice) to respond to the
appointing authority orally or in writing.
F. Pending response to the notice the appointing
authority for cause specified in writing may
place the employee on a temporary leave of
absence, with pay.
G. The employee to whom the notice has been
delivered or mailed shall have seven (7) work
days to respond to the appointing a uthority
either orally or in writing before the proposed
action may be taken.
H. After having complied with the notice
requirements above, the appointing authority
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DSA MGMT UNIT - 56 - 2013 – 2016 MOU
may order the leave of absence or suspension
in writing stating specifically the basis upon
which the action is being taken, delivering the
order to the employee either personally or by
certified mail, effective either upon personal
delivery or deposit in the U.S. Postal Service.
I. An employee who is placed on leave or
suspended under this section may, within ten
(10) calendar days after personal delivery or
mailing to the employee of the order, appeal
the order in writing through the Director of
Human Resources to the Merit Board.
Alternatively, the employee may file a written
election with the Director of Human Resources
waiving the employee's right to appeal to the
Merit Board in favor of appeal to a Disability
Review Arbitrator.
J. In the event of an appeal either to the Merit
Board or the Disability Review Arbitrator, the
employee has the burden of proof to show that
either:
1. the physical or mental health condition
cited by the appointing authority does
not exist, or
2. the physical or mental health condition
does exist, but it is not sufficient to
prevent, preclude, or impair the
employee's performance of duty, or is
not sufficient to endanger the health or
safety of the employee, other
employees, or the public.
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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 rehabilitation specialist, or
some other recognized specialist mutually
selected by the parties. The arbitrator shall
hear and review the evidence. The decision of
the Disability Review Arbitrator shall be binding
on both the County and the employee. The
scope of the Arbitrator's review shall b e
restricted as follows:
1. Scope of the Arbitrator's Review.
a. The arbitrator may affirm, modify
or revoke the leave of absence or
suspension.
b. The arbitrator may make his
decision based only on evidence
submitted by the County and the
employee.
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DSA MGMT UNIT - 58 - 2013 – 2016 MOU
c. The arbitrator may order back
pay or paid sick leave credits for
any period of leave of absence or
suspension if the leave or
suspension is found not to be
sustainable, subject to the
employee's duty to mitigate
damages.
d. The arbitrator's fees and
expenses shall be paid one-half
by the County and one-half by
the employee or employee's
Association.
10.5 Workers' Compensation.
A. State Labor Code 4850 Pay. Law enforcement
officers as defined in State Labor Code 4850
who are members of the Contra Costa County
Retirement System continue to receive full
salary benefits in lieu of temporary disability
during any absence from work which qualifies
for Workers' Compensation benefits.
Currently, the maximum 4850 pay is one (1)
year for any injury or illness. To be eligible for
this benefit the employee must be under the
care of a physician. All 4850 pay shall be
approved by the County Administrator's Office,
Risk Management Division.
B. Sick Leave and Vacation. Sick leave and
vacation shall accrue in accordance with the
provision of State Labor Code 4850.
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C. 4850 Pay Beyond One Year. If an injured
employee remains eligible for Workers'
Compensation temporary disability benefits
beyond one (1) year, full salary will continue by
integrating sick leave and/or vacation accruals
with Workers' Compensation benefits (use of
vacation accruals must be approved by the
department and the employee). If salary
integration is no longer available because
accruals are exhausted, Workers'
Compensation benefits will be paid directly to
the employee as prescribed by Workers'
Compensation laws.
D. Rehabilitation Integration. An injured employee
who is eligible for Workers' Compensation
rehabilitation temporary disability benefits and
who has exhausted 4850 pay eligibility will
continue to receive full salary by integrating
sick leave and/or vacation accruals with
Workers' Compensation rehabilitation
temporary disability benefits. When these
accruals are exhausted, the rehabilitation
temporary disability benefits will be paid
directly to the employee as prescribed by
Workers' Compensation laws.
E. Health Insurance. The County contribution to
the employee's group insurance plan(s)
continues during the 4850 pay period and
during integration of sick leave or vacation wit h
Workers' Compensation benefits.
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F. Integration Formula. An employee's sick leave
and/or vacation charges shall be calculated as
follows: C = 8 [1 - (W : S)]
C = Sick leave or vacation charge/day (in hrs.)
W = Statutory Workers' Compensation per mo.
S = Monthly salary
10.6 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 ac crue sick
leave credits during the absence.
SECTION 11 - LEAVE OF ABSENCE
11.1 Leave Without Pay. Any employee who has
permanent status in the classified service may be
granted a leave of absence without pay upon written
request, approved by the appointing authority;
provided, however, that leaves for pregnancy,
pregnancy disability, serious health conditions, and
family care shall be granted in accordance with
applicable state and federal law.
11.2 General Administration - Leaves of
Absence. 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.
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A. Leave without pay may be granted for up to
one (1) year for any of the following reasons:
1. Illness, disability, or serious health
condition;
2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will
increase the employee's usefulness on
return to the position;
5. for other reasons or circumstances
acceptable to the appointing authority.
B. An employee should request a leave of
absence at least thirty (30) days before the
leave is to begin if the need for the leave is
foreseeable. If the need is not foreseeable, the
employee must provide written notice to the
employer within five (5) days of learning of the
event by which the need for a leave of absence
arises.
C. An appointing authority may extend such leave
for additional periods. The procedure in
granting extensions shall be the same as that
in granting the original leave, provided that the
request for extension must be made not later
than thirty (30) calendar days before the
expiration of the original leave.
11.3 Family Care or Medical Leave.
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DSA MGMT UNIT - 62 - 2013 – 2016 MOU
A. Definitions. For medical and family care
leaves of absence under Section 15, the
following definitions apply:
1. Child: A biological, adopted, or foster
child, stepchild, legal ward, conservatee,
or a child who is under eighteen (18)
years of age for whom an employee
stands in loco parentis or for whom the
employee is the guardian or
conservator, or an adult dependent child
of the employee.
2. Parent: A biological, foster, or adoptive
parent, a stepparent, legal guardian,
conservator, or other person standing in
loco parentis to a child.
3. Spouse: A partner in marriage as
defined in Family Code Section 297.
4. Domestic Partner: As defined in Family
Code Section 297.
5. Serious Health Condition: An illness,
injury, impairment, or physical or mental
condition which involves either inpatient
care in a hospital, hospice or residential
health care facility or continuing
treatment or continuing supervision by a
health care provider (e.g. physician or
surgeon) and which, for family care
leave only, warrants the participation of
a family member to provide care during
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a period of treatment or supervision, as
defined by state and federal law.
6. Certification for Family Care Leave: A
written communication to the employer
from a health care provider of a person
for whose care the leave is being taken
which need not identify the serious
health condition involved, but shall
contain:
a. the date, if known, on which the
serious health condition
commenced;
b. the probable duration of the
condition;
c. an estimate of the amount of time
which the employee needs to
render care or supervision;
d. a statement that the serious
health condition warrants the
participation of a family member
to provide care during period of
treatment or supervision;
e. if for intermittent leave or a
reduced work schedule leave, the
certification should indicate that
the intermittent leave or reduced
work schedule leave is necessary
for the care of the individual or
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DSA MGMT UNIT - 64 - 2013 – 2016 MOU
will assist in their recovery, and
its expected duration.
7. Certification for Medical Leave: A
written communication from a health
care provider of an employee with a
serious health condition or illness to the
employer, which need not identify the
serious health condition involved, but
shall contain:
a. the date, if known, on which the
serious health condition
commenced;
b. the probable duration of the
condition;
c. a statement that the employee is
unable to perform the functions
of the employee's job;
d. if for intermittent leave or a
reduced work schedule leave, the
certification should indicate the
medical necessity for the
intermittent leave or reduced
work schedule leave and its
expected duration.
8. Comparable Positions: A position with
the same or similar duties and pay
which can be performed at the same or
similar geographic location as the
position held prior to the leave.
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Ordinarily, the job assignment will be the
same duties in the same program area
located in the same city, although
specific clients, caseload, co-workers,
supervisor(s), or other staffing may have
changed during an employee's leave.
B. Section 11.2 notwithstanding, any employee
who has permanent status, been employed by
the County for at least twelve (12) months and
who have worked at least 1250 hours in the
previous 12 month period shall upon request to
the appointing authority, for a leave of absence
due to the employee’s serious health condition
or for family care (FMLA) shall be granted to
an employee who requests it for up to twelve
(12) weeks during a rolling twelve (12) month
period (measured backward from the date an
employee uses any FMLA leave) in
accordance with the following provisions:
Example: An employee takes time away from
work due to the birth of their child in May. The
leave period lasts twelve (12) weeks. In
November, they are scheduled for surgery.
Their leave request in November cannot be
counted towards FMLA because they have
already utilized their twelve (12) week
entitlement during their leave in May.
1. medical leave of absence for the
employee's own serious health condition
which makes the employee unable to
perform the functions of the employee's
position; or
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2. family care leave of absence without
pay for reason of the birth of a child of
the employee, the placement of a child
with an employee in connection with the
adoption or foster care of the child by
the employee, or the serious illness or
health condition of a child, parent,
spouse, or domestic partner of the
employee.
The employee may be asked to provide
certification of the need for family care
leave or medical leave. Additional
period(s) of family care or medical leave
may be granted by the appointing
authority.
Notwithstanding the above, the Sheriff may in his/her
discretion, on a case by case basis, waive th e 1250
hour requirement.
C. Intermittent Use of Leave. The twelve (12)
week entitlement may be in broken periods,
intermittently on a regular or irregular basis, or
may include reduced work schedules
depending on the specific circumstances and
situations surrounding the request for leave.
The twelve (12) weeks may include use of
appropriate available paid leave accruals when
accruals are used to maintain pay status, but
use of such accruals is not required beyond
that specified in Section 11.6.B below. Whe n
paid leave accruals are used for a medical or
family care leave, such time shall be counted
as a part of the twelve (12) week entitlement.
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D. Use for Spouse. In the situation where
husband and wife are both employed by the
County, the family care or medical leave
entitlement based on the birth, adoption or
foster care of a child is twelve (12) weeks each
during each calendar year period.
11.4 Pregnancy Disability Leave. Insofar as
pregnancy disability leave is used under
Section 10.2.D - Sick Leave Utilization for
Pregnancy Disability, that time will not be
considered a part of the twelve (12) week
family care leave period.
11.5 Group Health Plan Coverage.
A. During Leave of Absence. Employees who
were members of one of the group health
plans prior to commencement of their leave of
absence can maintain their health plan
coverage with the County contribution by
maintaining their employment in pay status as
described in Section 11.6. In order to maintain
such coverage, employees are required to pay
timely the full employee contribution to
maintain their group health plan coverage,
either through payroll deduction or by paying
the County directly.
B. During Medical or Family Care Leave. During
the twelve (12) weeks of an approved medical
or family care leave under Section 11.3 above,
the County will continue its contribution for
such health plan coverage even if accruals are
not available for use to maintain pay status as
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required under Section 11.6. In order to
maintain such coverage, employees are
required to pay timely the full employee
contribution to maintain their group health plan
coverage, either through payroll deduction or
by paying the County directly.
11.6 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 at
least 0.1 hour of available sick leave (if so
entitled under Section 10 - Sick Leave),
vacation, floating holiday, compensatory time
off or other accruals or entitlements; in other
words, during the first twelve (12) months, a
leave of absence without pay may be broken
into segments and accruals used on a monthly
basis at the employee's discretion. After the
first twelve (12) months, the leave period may
not be broken into segments and accruals may
not be used, except when required by SDI/Sick
Leave Integration.
B. Family Care or Medical Leave (FMLA). During
the twelve (12) weeks of an approved medical
or family care leave, if a portion of that leave
will be on a leave of absence without pay, the
employee will be required to use at least 0.1
hour of sick leave (if so entitled under Section
10 - Sick Leave), vacation, floating holiday,
compensatory time off or other accruals or
entitlements if such are available, although use
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of additional accruals is permitted under
subsection A above.
C. Sick leave accruals may not be used during
any leave of absence, except as allowed under
Section 10 - Sick Leave.
11.7 Military Leave. Any employee who is required
to serve as a member of the State Militia or the
United States Army, Navy, Air Force, Marine Corps,
Coast Guard or any division thereof shall be granted
a military leave for the period of such service, plus
ninety (90) days. An employee who volunteers for
such service shall be granted a leave of absence if
necessary in accordance with applicable state or
federal laws. Upon the termination of such service or
upon honorable discharge, the employee shall be
entitled to return to his/her position in the classified
service provided such still exists and the employee is
otherwise qualified, without any loss of standing of
any kind whatsoever.
An employee who has been granted a military leave
shall not, by reason of such absence, suffer any loss
of vacation, holiday, or sick leave privileges which
may be accrued at the time of such leave, nor shall
the employee be prejudiced thereby with reference to
salary adjustments or continuation of employment.
For purposes of determining eligibility for salary
adjustments or seniority in case of layoff or
promotional examination, time on military leave shall
be considered as time in County service.
Any employee who has been granted a military leave,
may upon return, be required to furnish such
evidence of performance of military service or of
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honorable discharge as the Director of Human
Resources may deem necessary.
11.8 Return From Leave of Absence.
A. Early Return. Whenever an employee who
has been granted a leave without pay desires
to return before the expiration of such leave,
the employee shall submit a request to the
appointing authority in writing at least fifteen
(15) days in advance of the proposed early
return provided, however, that less notification
may be approved at the discretion of the
appointing authority or his/her designee. Early
return is subject to prior approval by the
appointing authority. The Human Resources
Department shall be notified promptly of such
return.
B. Leave of Absence Reinstatement. Any
permanent employee who requests
reinstatement to the classification held by the
employee in the same department at the time
the employee was granted a leave of absence,
shall be reinstated to a position in that
classification and department and then only on
the basis of seniority.
C. Leave of Absence Replacement. In case of
severance from service or displacement by
reason of the reinstatement of a permanent
employee returning from a leave of absence,
the provisions of Section 7 - Seniority,
Workforce Reduction, Layoff, & Reassignment
shall apply.
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D. Reinstatement From Family Care or Medical
Leave of Absence. In the case of a family care
or medical leave, an employee on a 5/40
schedule shall be reinstated to the same or
comparable position if the return to work is
after no more than ninety (90) work days of
leave from the initial date of a continuous
leave, including use of accruals, or within the
equivalent on an alternate work schedule. A
full time employee taking an intermittent or
reduced work schedule leave shall be
reinstated to the same or comparable position
if the return to work on a full schedule is after
no more than 720 hours, including use of
accruals, of intermittent or reduced work
schedule leave. At the time the original leave is
approved, the appointing authority shall notif y
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.
11.9 Appeal of Denial. The decision of the
appointing authority on granting or denying leave or
early return from leave shall be subject to appeal to
the Director of Human Resources and not subject to
appeal through the grievance procedure set forth in
this MOU.
11.10 Salary Review While on Leave of Absence .
The salary of an employee who is on leave of
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absence from a County position on any anniversary
date and who has not been absent from the position
on leave without pay more than six (6) months during
the preceding year shall receive salary increments
that may accrue to them during the period of military
leave.
11.11 Unauthorized Absence. An unauthorized
absence from the work site or failure to report for duty
after a leave request has been disapproved, revoked,
or canceled by the appointing authority, or at the
expiration of a leave shall be without pay. Such
absence may also be grounds for disciplinary action.
SECTION 12 - JURY DUTY AND WITNESS DUTY
12.1 Jury Duty. For purposes of this Section, jury
duty shall be defined as any time an employee is
obligated to report to the court.
When called for jury duty, County employees, like
other citizens, are expected to discharge t heir jury
duty responsibilities.
Employees shall advise their department as soon as
possible if scheduled to appear for jury duty.
If summoned for jury duty in a Municipal, 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
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leave without pay and retain all fees and expenses
paid to them.
When an employee is summoned for jury duty
selection or is selected as a juror in a Municipal,
Superior or Federal Court, employees may remain in
a regular pay status if they waive all fees (other than
mileage), regardless of shift assignment and the
following shall apply:
a. If an employee elects to remain in a regular
pay status and waive or surrender all fees
(other than mileage), the employee shall obtain
from the Clerk or Jury Commissioner a
certificate indicating the days attended and
noting that fees other than mileage are waived
or surrendered. The employee shall furnish the
certificate to his department where it will be
retained as a department record. No
Absence/Overtime Record is required.
b. An employee who elects to retain all fees must
take leave (vacation, floating holiday, etc.) or
leave without pay. No court certificate is
required but an Absence/Overtime Record
must be submitted to the department payroll
clerk.
Employees are not permitted to engage in any
employment regardless of shift assignment or
occupation before or after daily jury service that would
affect their ability to properly serve as jurors.
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An employee on short notice standby to report to
court, whose job duties make short notice response
impossible or impractical, shall be given alternate
work assignments for those days to enable them to
respond to the court on short notice.
When an employee is required to serve on jury duty,
the County will adjust that employee's work schedule
to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee
requests otherwise. Participants in 9/80 or 4/10 work
schedules will not receive overtime or compensatory
time credit for jury duty on their scheduled days off.
Permanent-intermittent employees are entitled to paid
jury duty leave only for those days on which they were
previously scheduled to work.
12.2 Witness Duty. Employees called upon as a
witness or an expert witness in a case arising in the
course of their work or the work of another
department may remain in their regular pay status
and turn over to the County all fees and expenses
paid to them other than mileage allowance or they
may take vacation leave or leave without pay and
retain all fees and expenses.
Employees called to serve as witnesses in private
cases or personal matters (e.g., accident suits and
family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to them.
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Retention or waiver of fees shall be governed by the
same provisions as apply to jury duty as set forth in
Section 16.1 above.
Employees shall advise their department as soon as
possible if scheduled to appear for witness duty.
Permanent intermittent employees are entitled to paid
witness duty only for those days on which they were
previously scheduled to work.
SECTION 13 - HEALTH, LIFE & DENTAL CARE
13.1 Health Plan. The County will provide group
health benefits through the California Public
Employees’ Retirement System (CalPERS) for all
permanent full-time employees, and permanent part-
time employees regularly scheduled to work at least
twenty (20) hours per week in classes represented by
DSA. The CalPERS health care program, as
regulated by the Public Employees’ Medical and
Hospital Care Act (PEMHCA), regulations issued
pursuant to PEMHCA, and the administration of
PEMHCA by CalPERS, controls on all health plan
issues for employees who receive health care
coverage from CalPERS, including, but not limited to,
eligibility, benefit plans, benefit levels, minimum
premium subsidies, and costs.
13.2 Contra Costa Health Plan (CCHP). Because
CCHP has met the minimum standards required
under PEMHCA and is approved as an alternative
CalPERS plan option, DSA members and COBRA
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counterparts may elect to enroll in CCHP under the
CalPERS plan rules and regulations.
13.3 CalPERS Health Plan Monthly Premium
Subsidy. The County’s subsidy to the CalPERS
monthly health plan premiums is as provided below.
The employee must pay any CalPERS health plan
premium costs that are greater than the County’s
subsidy identified in Section 17.3(A).
A. County Premium Subsidy On and After
January 1, 2012. Beginning on January 1,
2012, the amount of the County premium
subsidy that is paid for employees and eligible
family members will be as follows:
1. Health Plans
Employee/Retiree/Survivor Only $ 528.18
Employee/Retiree/Survivor & One
Dependent $1,056.36
Employee/Retiree/Survivor
& Two or more Dependents $1,373.27
B. County Premium Subsidy On and After
January 1, 2013. Beginning on January 1,
2013, the County will pay the monthly premium
subsidy amounts for employees and eligible
family members that are stated in section A (1)
above. In addition, if there is an increase in the
Kaiser Bay Area premium for calendar year
2013, the County will pay seventy-five percent
(75%) of that increase, and the employees will
pay twenty-five percent (25%) of that increase.
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C. County Premium Subsidy On and After
January 1, 2014. For the plan year that
begins on January 1, 2014, the County will pay
a monthly premium subsidy for each health
plan that is equal to the actual dollar monthly
premium subsidy that is paid by the County as
of November 30, 2013. In addition, if there is
an increase in the monthly premium charged
by a health plan for 2014, the County and the
employee will each pay fifty percent (50%) of
that increase. For each calendar year
thereafter, the County and the employee will
each pay fifty percent (50%) of the monthly
premium increase above the 2013 plan
premium.
D. Effective January 1, 2014, in the first calendar
year that a new health plan is offered, the
County monthly premium subsidy will be equal
to the corresponding Kaiser monthly premium
in the CalPERS region for that health plan. For
each calendar year thereafter, the County and
the employee will each pay fifty percent (50%)
of the monthly premium increase that is above
the plan premium for the first year of the new
plan.
E. In the event, in whole or in part, that the above
County premium subsidy amounts are greater
than one hundred percent (100%) of the
applicable premium of any plan, for any plan
year, the County’s contribution will not exceed
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one hundred percent (100%) of the applicable
plan premium.
13.4 Dental Plan. The County may, during the term
of this MOU, change dental care providers, so long as
the level of benefits provided is not reduced.
13.5 Dental Plan Contribution. The County’s
contribution to the monthly dental plan premiums
shall be as provided below. These contributions are
provided only for permanent full-time and permanent
part-time employees regularly scheduled to work at
least twenty (20) hours per week. Permanent-
intermittent, provisional and permanent part-time
employees working less than twenty (20) hour per
week may enroll in a dental plan but are not entitled
to the County’s contribution. Any increases in dental
plan costs greater than the County’s contributions
identified below during the duration of this M.O.U.
shall be borne by the employee:
a. Delta, and PMI Delta Care: County will
contribute seventy-seven percent (77%) toward
the monthly dental premium. Beginning on
January 1, 2014, the County will pay a monthly
dental premium subsidy for each dental plan
that is equal to the actual dollar monthly
premium subsidy that is paid by the County for
2013. If there is an increase in the premium
charged by a dental plan for 2014, the County
and the employee will each pay fifty percent
(50%) of the increase. For each calendar year
thereafter, the County and the employee will
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each pay fifty percent (50%) of the premium
increase that is above the 2013 plan premium.
b. Dental Only: Employees who elect
dental coverage as stated above without health
coverage will pay one cent ($.01) per month for
such coverage. Beginning on January 1, 2014,
the County will pay a monthly dental premium
subsidy for each dental plan that is equal to the
actual dollar monthly premium subsidy that is
paid by the County for 2013. If there is an
increase in the premium charged by a dental
plan for 2014, the County and the employee
will each pay fifty percent (50%) of the
increase. For each calendar year thereafter,
the County and the employee will each pay fifty
percent (50%) of the premium increase that is
above the 2013 plan premium.
13.6 Orthodontia Coverage. The County will
continue to offer Orthodontia coverage to all
permanent employees in classes represented by the
DSA who participate in a County dental plan. The
cost for orthodontia coverage is borne 100% by each
enrolled employee. Premium payments are made by
payroll deduction or direct pay, as applicable.
13.7 Rate Information. The County Benefits
Service Unit will make dental plan rate information
and, to the extent possible, CalPERS health plan rate
information available to employees and departments
upon request. In addition, the County Benefits Service
Unit will publish and distribute to employees and
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departments information about rate changes as they
occur during the year.
13.8 Life Insurance Benefit Under Health and
Dental Plans. For permanent employees who are
enrolled in a County sponsored health or dental plan
as either the primary insured or a d ependent, term life
insurance in the amount of ten thousand dollars
($10,000) will be provided by the County.
13.9 Life Insurance Contribution. The County will
pay the entire premium on behalf of permanent full -
time and permanent part-time employees regularly
scheduled to work at least twenty (20) hours per week
who elect health and/or dental coverage. Permanent -
intermittent, provisional and permanent part-time
employees working less than twenty (20) hours per
week may participate in the Life Insurance Plan at
their full personal expense, which shall not exceed
the County’s cost, provided they elect health and/or
dental coverage.
13.10 Premium Payments. Employee participation
in any health, dental, or life insurance plan is
contingent upon the employee authorizing payroll
deduction by the County of the employee’s share of
the premium cost. The County's contribution to health
plan and dental plan monthly premiums are payable
as follows:
A. CalPERS Plan (Includes Alternate CCHP
Plan). The County's contribution to the health
plan premium is payable one (1) month in
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advance. If an employee’s compensation in
any month is not sufficient to pay the employee
share of the premium, the employee must
make up the difference by remitting the
amount delinquent to the Auditor-Controller.
The responsibility for this payment rests solely
with the employee.
B. Dental and Life Insurance Plans. The County's
contribution to the dental and life insurance
premium (as described in Sections 13.5 and
13.9) is payable monthly. If an employee’s
compensation in any month is not sufficient to
pay the employee share of the premium, the
employee must make up the difference by
remitting the amount delinquent to the Auditor-
Controller. The responsibility for this payment
rests solely with the employee.
13.11 Extended Coverage. An employee on
approved leave without pay shall be allowed to
continue his/her health/dental/life insurance coverage
provided that the employee shall pay their share of
the monthly premium by the tenth day of each month,
during said leave.
An employee who terminates County employment is
covered through the last day of the month in which
he/she is paid for County dental plans and through
the last day of the month following the month of
termination for CalPERS plans. Employees who
terminate County employment may continue Group
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Health/Dental plan coverage to the extent provided
under the COBRA regulations.
13.12 Retirement Coverage. Upon retirement,
employees may, subject to plan requirements, remain
in the same County group medical plan if immediately
before their retirement they are currently enrolled in
one of the County sponsored CalPERS Health Plans
or if on authorized leave of absence without pay, they
have retained continuous coverage during the leave
period.
1. Government Code section 22892
applies to all employees who were hired
on or before January 1, 2007 and to all
employees who are hired on or after
October 1, 2011.
2. For employees hired between January
2, 2007 and September 30, 2011
inclusive, Government Code section
22892 does not apply and the following
provisions apply instead:
a. As soon as practical, the County
will modify its agreement with the
CalPERS Health Benefit Program
to incorporate the provisions of
Government Code Section 22893
for employees who are hired on
or after January 2, 2007, but
before October 1, 2011.
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b. Government Code Section
22893. Notwithstanding Section
22892, the percentage of
employer contribution payable for
post retirement health benefits for
any employee of a contracting
agency subject to this section
shall, except as provided in
Government Code Section
22893, subdivision (b), be based
on the member’s completed
years of credited county service
at retirement as shown in the
following table:
Credited Years
of Service
Percentage of
Employer
Contribution
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
The employee’s contribution shall
be adjusted each year in
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accordance with Government
Code Section 22893.
The County will provide medical
premium payments for
employees who retire from the
County in accordance with
Government Code Section
22893.
13.13 Dual Coverage.
A. CalPERS Health Plan. Employees must
adhere to the rules as established by
CalPERS.
B. On and after January 1, 2012, each employee
and retiree may be covered by only a single
County health and/or a single County dental
plan, including CalPERS plans. For example,
a County employee may be covered under a
single County health 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.
C. On and after January 1, 2012, each dependent
may be covered by the health and/or dental
plan of only one spouse or one domestic
partner. For example, when both husband and
wife are County employees, all of their eligible
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children may be covered as dependents of
either the husband or the wife, but not both.
D. For purposes of this Section 13.13 - Dual
Coverage, "County" includes the County of
Contra Costa and all Board of Supervisors
governed special districts, such as the Contra
Costa County Fire Protection District.
13.14 Employee Assistance Program. Any County
contract which provides an employee assistance
program applicable to DSA represented employees,
including the present contract with Occupational
Health Services, shall include the following language:
"Records, including any information whether recorded
or not, pertaining to the identity, diagnosis or
treatment of any employee or the employee's family
dependent(s) which are maintained in connection with
the performance of this contract shall be confidential,
even as to the employer, and disclosed only under
the following circumstances:
A. When disclosure is authorized with the written
and signed consent of the employee or the
family dependent(s). Such consent must state:
1. the name of the person or organization
to whom disclosure is to be made;
2. the specific type of information to be
disclosed;
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3. the purpose or need for such disclosure.
B. When an employee's records are subpoenaed
and are not otherwise protected by
professional privileged relationships, contractor
will notify the employee whose records are
subpoenaed immediately by phone, if possible,
and in any event in writing as soon as possible.
Written communication shall inform the
employee of his/her access to DSA for aid if
he/she so desires. Contractor will cooperate
with employee and/or his legal representative
in asserting confidentiality. Subpoenaed
records will only be turned over after a court
order. The employer bears no responsibility
under this paragraph.
C. Contractor agrees to operate a system of
records on individuals in accordance with all
State and Federal laws pertaining to the
confidentiality of alcohol, drug, and mental
health records and the Federal Privacy Act of
1974.
D. The Association is a third-party beneficiary.
13.15 Health Care Spending Account. The County
will continue to offer regular full-time and part-time
(20/40 or greater) County employees the option to
participate in a Health Care Spending Account
(HCSA) Program designed to qualify for tax savings
under Section 125 of the Internal Revenue Code, but
such savings are not guaranteed. The HCSA
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Program allows employees to set aside a pre-
determined amount of money from their paycheck for
health care expenses not reimbursed by any other
health benefits plan with before-tax dollars. HCSA
dollars can be expended on any eligible medical
expenses allowed by Internal Revenue Code Section
125. Any unused balance is forfeited and cannot be
recovered by the employee.
13.16 Dependent Care Assistance Program. The
County will continue to offer 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 tax savings are not
guaranteed. The program allows employees to set
aside up to five thousand dollars ($5,000) of annual
salary (before taxes) per calendar year to pay for
eligible dependent care (child and elder care)
expenses. Any unused balance is forfeited and
cannot be recovered by the employee.
13.17 Premium Conversion Plan. The County will
continue to offer the option of enrolling in 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.
13.18 Prevailing Section. To the extent that any
provision of this Section (Section 13 – Health, Life
and Dental Care) is inconsistent with any provision of
any other County enactment or policy, including but
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not limited to Administrative Bulletins, the Salary
Regulations, the Personnel Management
Regulations, or any other resolution or order of the
Board of Supervisors, the provision(s) of this Section
(Section 13 – Health, Life and Dental Care) will
prevail.
SECTION 14 - PROBATIONARY PERIOD
14.1 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.
14.2 Criteria. The probationary period shall
commence from the date of appointment. It shall not
include time served in provisional or temporary
appointments or any period of continuous absence or
temporary modified duty assignment exceeding
fifteen (15) calendar days, except as otherwise
provided in the Personnel Management Regulations
or by law.
For those employees appointed to p ermanent-
intermittent positions with a six (6) months probation
period, probation will be considered completed upon
serving one thousand (1,000) hours after appointment
except that in no instance will this period be less than
six (6) calendar months from the beginning of
probation. If a permanent-intermittent probationary
employee is reassigned to full-time, credit toward
probation completion in the full-time position shall be
prorated on the basis of one hundred seventy -three
(173) hours per month.
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14.3 Rejection During Probation. An employee
who is rejected during the probation period and
restored to the eligible list shall begin a new
probationary period if subsequently certified and
appointed.
A. Appeal from rejection. Notwithstanding any
other provisions of this section, an employee
(Probationer) shall have the right to appeal
from any rejection during the probationary
period based on political or religious affiliations
or opinions, association activities, or race,
color, national origin, sex, age, disability or
sexual orientation.
B. The appeal must be written, must be signed by
the employee and set forth the grounds and
facts by which it is claimed that grounds for
appeal exist under subsection (A) and must be
filed through the Director of Human Resources
to the Merit Board by 5:00 p.m. on the seventh
(7th) calendar day after the date of delivery to
the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and
if it finds probable cause to believe that the
rejection may have been based on grounds
prohibited in subsection (A), it may refer the
matter to a Hearing Officer for hearing,
recommended findings of fact, conclusions of
law and decision, pursuant to the relevant
provisions of the Merit Board rules in which
proceedings the rejected probationer has the
burden of proof.
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D. If the Merit Board finds no probable cause for a
hearing, it shall deny the appeal. If, after
hearing, the Merit Board upholds the appeal, it
shall direct that the appellant be reinstated in
the position and the appellant shall begin a
new probationary period unless the Merit
Board specifically reinstates the former period.
14.4 Regular Appointment. The regular
appointment of a probationary employee shall begin
on the day following the end of the probati onary
period, subject to the condition that the Director of
Human Resources receive from the appointing
authority a statement in writing that the services of the
employee during the probationary period were
satisfactory and that the employee is recommended
for permanent appointment. A probationary employee
may be rejected at any time during the probation
period without regard to the Skelly provisions of this
MOU, without notice and without right of appeal or
hearing. If the appointing authority has not retu rned
the probation report, or the appointing authority fails
to submit in a timely manner the proper written
documents certifying that a probationary employee
has served in a satisfactory manner and later
acknowledges it was his 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 probationary period
from a position in the Merit System to which the
employee had been promoted or transferred from an
eligible list, shall be restored to a position in the
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department from which the employee was promoted
or transferred.
An employee dismissed for other than disciplinary
reasons within six (6) months after being promote d 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 ha s been rejected or
has resigned during probation shall not be restored to
the eligible list from which the employee was certified
unless the employee receives the affirmative
recommendation from the appointing authority and is
certified by the Director of Human Resources whose
decision is final. The Director of Human Resources
shall not certify the name of a person restored to the
eligible list to the same appointing authority by whom
the person was rejected from the same eligible list,
unless such certification is requested in writing by the
appointing authority.
14.5 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
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employee separated, displaced, or voluntarily
demoted in lieu of layoff. An appointment from a
layoff or reemployment list is not subject to a
probationary period if the position is in the department
from which the employee separated, displaced or
voluntarily demoted in lieu of layoff.
SECTION 15 - GENERAL TERMS & CONDITIONS
OF EMPLOYMENT/MANAGEMENT BENEFITS
15.1 Incentives.
A. Management 2.5% Longevity Pay Plan.
Employees who have completed ten (10) years
of service for the County shall receive a 2.5%
longevity differential. For purposes of
determining ten (10) years of service for this
differential, the records utilized for service
award purposes will control.
B. Deferred Compensation Incentive. The
County's supplemental contribution to
employees who participate in the County's
Deferred Compensation Plan will be forty
dollars ($40) per month. To be eligible for this
incentive supplement, employees must first
contribute a Base Contribution Amount to the
deferred compensation plan as follows:
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Monthly Base
Current Contribution Amt.
Monthly Qualifying Base for Maintaining
Salary Contribution Amt. Program Eligibility
2,500 & below 250 50
2501 - 3334 500 50
3335 - 4167 750 50
4168 - 5000 1000 50
5001 - 5834 1500 100
5835 - 6667 2000 100
6668 & above 2500 100
Employees with a break in deferred
compensation contributions because of either
an approved medical leave or approve d
financial hardship withdrawal shall not be
required to reestablish eligibility. Further,
employees who lose eligibility due to budgetary
constraints but maintain contributions at the
required level and later return to an eligible
position shall not be required to reestablish
eligibility.
15.2 Differentials.
A. Longevity Differential for Law Enforcement
Management. Upon completion of fifteen (15)
years sworn service, employees shall be
eligible for a five percent (5%) base salary
differential. Upon Completion of twenty (20)
years of sworn County service, employees will
be eligible for an additional two percent (2%)
base salary differential. This provision shall be
effective July 1, 2012.
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B. Bilingual Pay Differential. A salary differential
of one hundred dollars ($100.00) per month
shall be paid incumbents of positions requiring
bilingual proficiency as designated by the
Appointing Authority and the 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.
If during the term of this MOU, the County
increases the Bilingual Pay for other
bargaining units, the County will extend t hat
increase to the DSA bargaining unit members.
The increase will be implemented on
prospective basis only and will not be subject
to retroactivity.
C. Effective January 1, 2007, a ny Lieutenant who
is directed to work in an on-call status in
support of the Officer of the Day Program shall
receive fifty four dollars and fifty cents ($54.50)
per day, not to exceed three hundred twenty
seven dollars ($327.00) per week, for the
period assigned to work in an on-call status.
D. Sheriffs' Administrative Differential.
Effective February 1, 1991, the Sheriff -Coroner
was authorized to enter into agreements with
contract cities who have a Lieutenant assigned
as the Chief of Police, to pay a monthly
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CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
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administrative differential, reimbursed by the
individual city, in an amount equal to one-half
the percentage differential between top step
Lieutenant and top step Captain. Lieutenants
who are eligible to receive this administrative
differential shall do so in lieu of any other
watch-stander differentials for which they may
be eligible.
15.3 Leaves & Pay for Time Not Worked.
A. Annual Management Administrative Leave.
On January 1 of each year, all permanent full
time sworn management employees shall be
credited with seventy-four (74) hours of paid
management administrative leave. This time is
non-accruable and all balances will be zeroed
out effective December 31st of each year.
Permanent part-time employees shall have
such leave prorated based on their position
hours.
B. Furlough Days Without Pay. 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
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the month worked computed in accord with
Section 5.6 - Compensation for Portion of
Month of this MOU. Full time and part-time
employees who take furlough time shall have
their vacation, sick leave, floating holiday, and
any other payroll computed accruals computed
as though they had worked the furlough time.
When computing vacation, sick leave, floating
holiday, and other accrual credits for
employees taking furlough time, this provision
shall supersede Section 8.1, 9.1, 9.3, and 10.2
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 VTO
program shall be continued for the life of the
contract.
15.4 Benefits & Allowances.
A. Personal Protective Equipment. The County
shall reimburse employees for safety shoes
and prescription safety eyeglasses in those
classifications which the County has
determined eligible for such reimbursement.
The County will reimburse eligible employees
for safety shoes in an amount not to exceed
sixty dollars ($60) in any calendar year. The
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County will reimburse eligible employees for
prescription safety eyeglasses which are
approved by the County and are obtained from
such establishment as required by the County.
B. 414H Participation. The County will continue
provisions of Section 414(h)(2) of the Internal
Revenue Code which allows the County
Auditor-Controller to reduce the gross monthly
pay of employees by an amount equal to the
employee's total contribution to the County
Retirement System before federal and state
income taxes are withheld and forward that
amount to the Retirement system. This
program of deferred retirement contribution will
be universal and non-voluntary as is required
by statute.
C. Management Life Insurance. Management
employees shall be provided with a $40,000
term life insurance policy. Premiums for this
insurance shall be paid by the County with
conditions of eligibility reviewed annually.
D. Training. Employees shall be eligible for
career development training reimbursement in
the maximum amount of six hundred fifty
($650) per fiscal year. The reimbursement of
training expenses shall be consistent with
Administrative Bulletins on Travel & Training.
Registration and tuition for career development
education may be reimbursed for up to fifty
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percent (50%) of the employee’s net cost.
Books necessary for courses taken for career
development education may be reimbursed for
up to one hundred percent (100%) of the
employee’s net cost.
E. Management Development Policy. All
employees shall be authorized to attend
professional training programs, seminars and
workshops a minimum of thirty (30) hours
annually, during normal work hours, for the
purpose of developing knowledge, skills and
abilities in the areas of supervision,
management and County policies and
procedures.
Departments are particularly encouraged to
provide generous professional development
opportunities (above the thirty (30) hour
minimum) for people newly promoted into
positions of direct supervision.
Priority for professional training programs shall
be afforded those offered through the Contra
Costa Training Institute. Other related and
appropriate training/education resources
approved by the department may also be
considered.
To encourage personal and professional
growth which is beneficial to both the County
and the employee, the County provides
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CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
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reimbursement for certain expenses incurred
by employees for job-related training (required
training and career development
training/education. Provision for eligibility and
reimbursement are identified in Administrative
Bulletin 12.7, November 1, 1989.
F. Long-Term Disability Insurance. The County
shall continue in force all provisions of the
Long-Term Disability Insurance program with a
replacement limit of eighty-five percent (85%)
of total monthly base earnings reduced by any
deductible benefits. The premium for this
Long-Term Disability Insurance program shall
be fully paid by the County.
G. Vacation Buy Back.
1. For Employees Hired Before
November 1, 2011:
Employees 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; and
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CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
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3. If the employee is receiving 2.5%
Management Incentive, payment
shall be based on an hourly rate
determined by dividing the
employee’s monthly salary, plus
the 2.5% Management Incentive,
by 173.33.
4. the maximum number of hours
that may be reimbursed in any
year is one-third (1/3) of the
annual accrual.
In those instances where a lump-sum payment
has been made to management employees in
lieu of a retroactive general salary adjustment
for a portion of the calendar year which is
subsequent to exercise by a management
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 was inclusive of the effective date of
the vacation buy back.
2. For Employees Promoted or Hired On
and After November 1, 2011:
Employees promoted or hired by the County
into any classification represented by the
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CONDITIONS OF
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Deputy Sheriffs’ Association, Management
Unit, on and after November 1, 2011, 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 Deputy
Sheriffs’ Association, Management Unit, will
retain that benefit after promoting into a
classification represented by the Deputy
Sheriffs’ Association, Management Unit.
H. Professional Development. All employees
shall be eligible for reimbursement of up to four
hundred dollars ($400) for each two (2) year
period beginning January 1, 2002 for
memberships in professional organizations,
subscriptions to professional publications,
attendance fees at job-related professional
development activities and job-related
computer hardware and software from a
standardized County approved list or with
Department Head approval, provided such
employee complies with the provisions of the
Computer Use and Security Policy adopted by
the Board of Supervisors and manuals.
Authorization for individual professional
development reimbursement requests shall be
made by the Department Head.
Reimbursement will occur through the regular
demand process with demands being
accompanied by proof of payment (copy of
invoice or canceled check).
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CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
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For the duration of this agreement, any
increase in the professional development pay
for the County’s unrepresented managers will
result in an equivalent dollar amount to the
Professional Development pay for this unit.
I. Sick Leave Incentive Plan. Employees shall
be eligible for a payoff of unused sick leave
accruals at separation. This program is an
incentive for employees to safeguard sick
leave accruals as protection against wage loss
due to time lost for injury or illness. Payoff shall
be approved by the Director of Human
Resources and can be awarded only under the
following conditions:
1. The employee must have resigned in
good standing.
2. Payout is not available if the employee
retires.
3. The balance at resignation must be at
least seventy percent (70%) of accruals
earned in the preceding continuous
period of employment.
4. Payout shall be under the following
schedule:
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CONDITIONS OF
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Years of Permanent % of Unused
Continuous Service Sick Leave Paid
3 - 5 years 30%
5 - 7 years 40%
7+ years 50%
15.5 Terms & Conditions of Employment.
A. Overtime Exclusion. In recognition of their
management status, employees shall continue
to be overtime exempt. The Office of the
County Administrator shall have authority to
exclude certain management classes from
Overtime Exemption. Provisional appointees to
management classes and employees receiving
higher pay for a higher managemen t
classification who were not previously in a
management class shall be automatically
placed on the Overtime Exempt Exclusion List
since they are not eligible for management
benefits.
B. Part-Time Employees. Part-time employees
who work at least fifty percent (50%) of full
time on a continuing basis, shall be provided
the management benefits listed in this MOU on
a full or pro rata basis.
C. Permanent-Intermittent Employees.
Permanent-Intermittent employees are eligible
for vacation and sick leave benefits as defined
in this MOU on a pro rata basis.
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CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
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D. Length of Service Credits. The length of
service credits of each permanent employee
shall date from the beginning of the last period
of continuous County employment including
temporary, provisional and permanent status
and absences on approved leave of absence
except that when an employee separates from
a permanent position in good standing and is
subsequently reemployed in a permanent
County positions prior to the completion of two
(2) years from date of separation, the period of
separation will be bridged. Under these
circumstances, the service credits shall include
all credits accumulated at time of separation
but shall not include the period of separation.
The service credits of an employee shall be
determined from employee status records of
the Human Resources Department.
15.6 Officer of the Day Program.
a. During the term of the 1998-2001 MOU, the
parties agree that the provisions regarding the
Officer of the Day Program will be subject to
review and revision at regular Labor
Management Committee meetings.
b. The Sheriff may assign Lieutenants on a full-
time basis to the Officer of the Day Program,
subject to the following:
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CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
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1. The Assistant Division
Commander of the Emergency
Services Division shall typically
be responsible for providing
routine relief for absences of one
week or more.
a. During periods that one or
more of the assigned
Lieutenants is not
available for duty and the
Assistant Emergency
Services Division
Commander is not
available to provide relief,
a Sergeant may be
temporarily assigned to
the Program in the
capacity of an acting
Lieutenant.
2. The Officer of the Day Program
shift schedule and the order of
shift rotations shall be
established/modified at the Labor
Management Committee
pursuant to paragraph A. above.
a. Once each year, during
the annual vacation sign-
up, Lieutenants who are
assigned to the Officer of
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CONDITIONS OF
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the Day Program shall
sign-up for their upcoming
shift assignments. The
annual shift sign-up will
become effective on the
first Monday in January of
the following year.
b. Following the annual sign-
up, assigned Lieutenants
shall rotate shifts on the
first Monday of each
calendar quarter.
c. Lieutenants who are
assigned to the Officer of
the Day Program mid-year
shall assume the shift
assignment and rotation
schedule of the Lieutenant
who is being replaced.
3. When making assignments to the
Officer of the Day Program, the
Sheriff shall consider those
Lieutenants who have
volunteered for the assignment.
Consideration also should be
given to avoid the involuntary
assignment of a Lieutenant who
previously has been assigned to
the program.
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CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
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4. Although the Sheriff shall retain
the right to determine the length
of assignment, Officer of the Day
assignments normally will be
subject to the same rotation
policy(ies) as other Lieutenant
assignments.
c. Lieutenants who are assigned to the Officer of
the Day Program, including the Assistant
Emergency Services Division Commander, are
eligible for holiday pay under the provisions of
Section 15.8.
15.7 Holiday is Not Worked by Full-Time
Lieutenants who are assigned to the Officer of the
Day Program: When a Full Time Lieutenant
assigned to the Officer of the Day Program does not
work on a holiday, the Lieutenant will be paid in
accordance with Section 8.2 or Section 8.3, as
applicable.
15.8 Holiday is WORKED by Lieutenants who are
Assigned to the Officer of the Day Program and
Holiday Falls on Scheduled Work Day:
A. Full-Time Employee: When a full-time
Lieutenant assigned to the Officer of the Day
program works on a holiday that falls on the
employee’s scheduled work day, the employee
is entitled to receive his/her regular salary.
The employee is also entitled to receive
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CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
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holiday pay at the rate of one and one half
(1.5) times his/her base rate of pay (not
including differentials).
15.9 Holiday is WORKED by Lieutenant
Assigned to the Officer of the Day Program and
Holiday Falls on Scheduled Day Off:
A. Full-Time Employee: When a Lieutenant
assigned to the Officer of the Day program
works on a holiday that falls on the employee’s
scheduled day off, the employee is entitled to
receive his/her regular salary.
1. Employee Works on his/her
Next Scheduled Work Day
Following the Holiday: When a
full time employee works on
his/her next scheduled work day
following the holiday, the
employee is entitled to receive
his/her regular salary. The
employee is also entitled to
receive overtime pay at the rate
of one and one half (1.5) times
his/her base rate of pay (not
including differentials) at the
same rate for all hours worked on
that day.
2. Employee does NOT work on
his/her Next Scheduled Work
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Day Following the Holiday:
When a full time employee does
NOT work on his/her next
scheduled work day following the
holiday, the employee is entitled
to the day off, without a reduction
in pay, in recognition of his/her
regularly scheduled day off.
3. The County retains the right to
decide whether an employee will
work or not work on the next
scheduled work day following a
holiday.
15.10 Time Reporting and Pay Practices Waiver:
The Association agrees to the implementation of an
Automated Timekeeping System. The Association
waives its right to meet and confer regarding any
impacts that may result from the County’s
implementation of the automated timekeeping
system, including but not limited to, changes to
current departmental time reporting and pay
practices. The Association agrees to convert from the
current payroll cycle when the County is able to
upgrade the current Payroll system or implement a
new County Payroll System.
SECTION 16 - PROMOTION
16.1 Competitive Exam. Promotion shall be by
competitive examination unless otherwise provided in
this MOU.
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DSA MGMT UNIT - 110 - 2013 – 2016 MOU
16.2 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.
16.3 Open Exam. If an examination for one of the
classes represented by the Association is proposed to
be announced on an Open only basis the Director of
Human Resources shall give five (5) days prior notice
of such proposed announcement and shall meet at
the request of the Association to discuss the reasons
for such open announcement.
16.4 Promotion Via Reclassification Without
Exam. Notwithstanding other provisions of this
Section, an employee may be promoted from one
classification to a higher classification and his position
reclassified at the request of the appointing authority
and under the following conditions:
a. An evaluation of the position(s) in question
must show that the duties and responsibilities
have significantly increased and constitute a
higher level of work.
b. The incumbent of the position must have
performed at the higher level for one (1) year.
c. The incumbent must meet the minimum
education and experience requirements for the
higher class.
d. The action must have approval of the Director
of Human Resources.
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e. The Association approves such action.
The appropriate rules regarding probationary status
and salary on promotion are applicable.
16.5 Requirements for Promotional Standing. In
order to qualify for an examination called on a
promotional basis, an employee must have
probationary or permanent status in the merit system
and must possess the minimum qualifications for the
class. Applicants will be admitted to promotional
examinations only if the requirements are met on or
before the final filing date. If an employee who is
qualified on a promotional employment list is
separated from the merit system, except by layoff, the
employee's name shall be removed from the
promotional list.
16.6 Seniority Credits. Employees who have
qualified to take promotional examinations and who
have earned a total score, not including seniority
credits, of seventy percent (70%) or more, shall
receive, in addition to all other credits, five one-
hundredths of one percent (.05%) for each completed
month of service as a permanent County employee
continuously preceding the final date for filing
application for said examination. For purposes of
seniority credits, leaves of absence shall be
considered as service. Seniority credits shall be
included in the final percentage score from which the
rank on the promotional list is determined. No
employee, however, shall receive more than a total of
five percent (5%) credit for seniority in any
promotional examination.
SECTION 17 - RESIGNATIONS
DSA MGMT UNIT - 112 - 2013 – 2016 MOU
16.7 Physical Examination. County employees,
who are required as part of the promotional
examination process to take a physical examination
shall do so on County time at County expense.
SECTION 17 - RESIGNATIONS
An employee's voluntary termination of service is a
resignation. Written resignations shall be forwarded
to the Human Resources Department by the
appointing authority immediately on receipt, and shall
indicate the effective date of termination. Oral
resignation shall be immediately confirmed by the
appointing authority in writing to the employee and to
the Human Resources Department and shall indicate
the effective date of termination.
17.1 Resignation in Good Standing. A
resignation giving the appointing authority written
notice at least two (2) weeks in advance of the last
date of service (unless the appointing authority
requires a longer period of notice, or consents to the
employee's terminating on shorter notice) is a
resignation in good standing.
17.2 Constructive Resignation. A constructive
resignation occurs and is effective when:
a. An employee has been absent from duty for
five (5) consecutive working days without
leave, and;
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b. Five (5) more consecutive work days have
elapsed without response by the employee
after the mailing of a notice of resignation by
the appointing authority to the employee at the
employee's last known address.
17.3 Effective Resignation. A resignation is
effective when delivered or spoken to the appointing
authority, operative either on that date or another
date specified.
17.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the
employee and the appointing authority.
17.5 Coerced Resignations.
A. Time Limit. A resignation which the employee
believes has been coerced by the appointing
authority may be revoked within seven (7)
calendar days after its expression, by serving
written notice on the Director of Human
Resources and a copy on the appointing
authority.
B. Reinstatement. If the appointing authority
acknowledges that the employee could have
believed that the resignation was coerced, it
shall be revoked and the employee returned to
duty effective on the day following the
appointing authority's acknowledgment without
loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the
receipt of the notice, the appointing authority
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DEMOTION
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acknowledges that the resignation could have
been believed to be coerced, this question
shall be handled as an appeal to the Merit
Board.
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 18 - DISMISSAL, SUSPENSION &
DEMOTION
18.1 Cause for Disciplinary Action. The
appointing authority may dismiss, suspend, demote,
or reduce within class, any employee for cause. The
following are sufficient causes for such action; the list
is indicative rather than inclusive of restrictions and
dismissal, suspension, reduction or demotion may be
based on reasons other than those specifically
mentioned:
a. absence without leave,
b. conviction of any criminal act involving moral
turpitude,
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c. conduct tending to bring the merit system
and/or Office of the Sheriff -Coroner into
disrepute,
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
g. being at work under the influence of liquor or
drugs, carrying onto the premises liquor or
drugs or consuming or using liquor or drugs
during work hours and/or on County premises,
h. neglect of duty, (i.e. non-performance of
assigned responsibilities),
I. negligent or willful damage to public property or
waste of public supplies or equipment,
j. violation of any lawful or reasonable regulation
or order given by a supervisor or department
head,
k. willful violation of any of the provisions of the
merit system ordinance or Personnel
Management Regulations,
l. material and intentional misrepresentation or
concealment of any fact in connection with
obtaining employment,
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m. misappropriation of County funds or property,
n. unreasonable failure or refusal to undergo any
physical, medical, and/or psychiatric exam
and/or treatment authorized by this MOU,
o. dishonesty or theft,
p. excessive or unexcused absenteeism and/or
tardiness,
q. sexual harassment, including but not limited to
unwelcome sexual advances, requests for
sexual favors, and other verbal, or physical
conduct of a sexual nature, when such conduct
has the purpose or effect of affecting
employment decisions concerning an
individual, or unreasonably interfering with an
individual's work performance, or creating an
intimidating and hostile working environment.
18.2 Skelly Requirements - Notice of Proposed
Action (Skelly Notice). Before taking a disciplinary
action to dismiss, suspend, for more than five (5)
work days (four (4) work days for employees on "4-
10" work week), demote or reduce within class an
employee, the appointing authority shall cause to be
served personally or by certified mail, on the
employee, a Notice of Proposed Action, which shall
contain the following:
a. A statement of the action proposed to be
taken.
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b. A copy of the charges, including the acts or
omissions and grounds upon which the action
is based.
c. If it is claimed that the employee has violated a
rule or regulation of the County, department or
district, a copy of said rule shall be included
with the notice.
d. A statement that the employee may review and
request copies of materials upon which the
proposed action is based.
e. A statement that the employee has seven (7)
calendar days to respond to the appointing
authority either orally or in writing.
18.3 Employee Response. The employee upon
whom a Notice of Proposed Action has been served
shall have seven (7) calendar days to respond to the
appointing authority either orally or in writing before
the proposed action may be taken. Upon request of
the employee and for good cause, the appointing
authority may extend in writing the period to respond.
If the employee's response is not filed within seven
(7) days or during any extension, the right to respond
is lost.
18.4 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
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may place the employee on temporary leave of
absence, with pay.
18.5 Length of Suspension. Suspensions without
pay shall not exceed thirty (30) days unless ordered
by an adjustment board or the Merit Board.
18.6 Procedure on Dismissal, Suspension or
Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend,
or demote an employee having permanent
status in a position in the merit system after
having complied with the Skelly requirements
where applicable, the appointing authority shall
make an order in writing stating specifically the
causes for the action.
B. Service of Order. Said order of dismissal,
suspension, 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 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.
Employee Appeals from Order. The employee
may appeal an order of dismissal, suspension
or demotion to the Merit Board.
SECTION 19 - MANAGEMENT COMPLAINT
PROCEDURE
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SECTION 19 - MANAGEMENT COMPLAINT
PROCEDURE
19.1 Definition. Any dispute by an employee over
the application of any section of this MOU which
cannot be resolved administratively, or is not handled
under the jurisdiction of the County Merit Board may
be addressed under provisions of Resolution 83/987
(Management Complaint Procedure) as follows:
Step 1 - Immediate Supervisor. Any management
employee (complainant) who believes that he/she has
been adversely affected by the application or
interpretation of a rule, regulation, or procedure or
otherwise adversely affected in a manner not within
the scope of available appeal avenues, may within
thirty (30) calendar days discuss the problem with
his/her immediate supervisor. If the problem is no t
resolved at this step, the employee may use Step 2.
Step 2 - Department Head. If a complaint is not
resolved in Step 1, the complainant may, within
seven (7) calendar days after the immediate
supervisor's response, request an appointment with
his/her Department Head or designee. If the problem
is not resolved at this step, the complainant may use
Step 3 or Step 4.
Step 3 - Mediation. If a complaint is not resolved at
Step 2, the complainant may, within seven (7)
calendar days after the Department Head's response,
file a written request with the Director of Human
Resources for mediation. This request shall contain a
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PROCEDURE
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description of the problem and the specific issue. The
Director of Human Resources, or his designee shall
meet with the complainant and Dep artment Head, or
designee, within ten (10) work days and select a
mutually agreed-upon mediator. The mediation shall
be confidential and shall not become part of the
complainant's personnel record. If a resolution
agreeable to the complainant and the Depar tment
Head is reached, it may, if mutually agreed, be
reduced to writing. If the problem is not resolved at
this step, the complainant may use Step 4. Mediation
is not required and the complainant may skip this step
and proceed to Step 4 with a request like that for Step
3.
Step 4 - Adjustment Panel. If the problem is not
resolved at Step 3 or if Step 3 is skipped (see above)
complainant may, within seven (7) calendar days after
the mediator's or Department Head's response,
submit his/her complaint in writing to the Director of
Human Resources or designee, who shall promptly
convene an adjustment panel of three management
employees. As used herein "management
employees" includes management employees of both
the County and Fire Protection Districts. The
complainant and the Department Head shall each
select one (1) panel member, which two (2) shall
select the third (3rd) member. The panel shall hear
evidence and arguments regarding the complaint and
shall render a statement of findings and
recommendation to the complainant and the
Department Head, with copies to the County
Administrator and Director of Human Resources.
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PROCEDURE
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Step 4 of the management complaint procedure may
be waived by the written mutual agreement of the
parties.
Step 5 - Once-Annual Right to Arbitration. Within ten
(10) calendar days of exhaustion of this procedure
through Step 4, the Deputy Sheriffs' Association may
request a meeting and/or discussion with the Sheriff
about the complaint. The Deputy Sheriffs'
Association may, only once per MOU year, take such
complaint to binding arbitration as described in Step
5, Section 24.1 - Grievance Procedure of the October
1, 1991-September 30, 1995 MOU between the
parties.
19.2 Compensation Complaints. All complaints
involving or concerning the payment of compensation
shall be initially filed in writing with the Director of
Human Resources. Only complaints which allege
that employees are not being compensated in
accordance with the provisions of this MOU shall be
considered as grievances. Any other matters of
compensation are to be resolved in the meeting and
conferring process if not detailed in the MOU which
results from such meeting and conferring process
shall be deemed withdrawn until the meeting and
conferring process is next opened for such
discussion. No adjustment shall be retroactive for
more than six (6) months from the date upon which
the complaint was filed.
19.3 Strike/Work Stoppage. During the term of
this MOU, the Association, its members and
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representatives, agree that it and they will not engage
in, authorize, sanction, or support any strike,
slowdown, stoppage of work, sickout, or refuse to
perform customary duties.
In the case of a legally declared lawful strike against a
private or public sector employer which has been
sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of
physical harm shall not be required to cross the picket
line, provided the employee advises his or her
supervisor as soon as possible, and provided further
that an employee may be required to cross a picket
line where the performance of his or her duties is of
an emergency nature and/or failure to perform such
duties might cause or aggravate a danger to public
health or safety.
19.4 Merit Board.
A. All grievances of employees in representation
units represented by the Association shall be
processed under Section 19 unless the
employee elects to apply to the Merit Board on
matters within its jurisdiction.
B. No action under Steps 3 and 4 of Subsection
19.1 above shall be taken if action on the
management complaint has been taken by the
Merit Board, or if the management complaint is
pending before the Merit Board.
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PROCEDURE
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19.5 Filing by Association. The Association may
file a management complaint at Step 3 on behalf of
affected employees when action by the County
Administrator or the Board of Supervisors violates a
provision of this MOU.
19.6 Letters of Reprimand. Letters of reprimand
are subject to the management complaint procedure.
Letters of Reprimand shall be removed from an
employee's file which are five (5) years old from the
date issued unless subsequent disciplinary action has
been taken and sustained against the employee for
the same type of offense within said five (5) year
period in which case the Letter of Reprimand is not
subject to removal.
However, where the subsequent disciplinary action
consists of Letter(s) of Reprimand for the same type
of offense, those letters (including the original letter)
will be removed from the employee's file after five (5)
years pass from the date the most recent letter is
issued unless a different type of discipline (e.g.,
suspension, et al) for the same type of offense is
taken and sustained during said five (5) year period.
19.7 Corrective Counseling System. The
Corrective Counseling System is a method of training
and counseling employees in an effort to improve
behavior and performance without the negative
effects of lasting disciplinary measures. It will
hereafter consist of three (3) phases, or levels, with
procedures and policies for administration developed
within the Department. Placement into the Corrective
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Counseling System is not subject to the management
complaint procedure.
There shall be no mention of the "phase" program in
any employee's evaluation, although t he
circumstances allegedly supporting the starting, the
ending, or the continuing of a phase, may be
mentioned. This does not affect any other rights or
responsibilities of the parties with regards to the
performance evaluations per se.
An employee placed into a Phase of the Corrective
Counseling System may appeal the placement
through a formal department hearing process.
Following are the guidelines and procedures to be
utilized in the process:
a. Hearing Officer. The phase placement appeal
will be heard by a Commander not in the
employee's direct chain of command, hereafter
referred to as the Hearing Officer. The Hearing
Officer has the authority to set aside the phase
placement completely or decrease the phase
to any lower level.
b. Notification of Intent to Appeal. Upon receipt
of the Phase memo, the affected employee
has seven (7) calendar days to deliver written
documentation of an intent to appeal the phase
placement. The "intent to appeal" memo is to
be addressed to the Hearing Officer, with a
copy to the employee's Division Commander.
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The appeal process defers the starting date of
the phase period.
c. Hearing Date. Upon receipt of the "intent to
appeal" memo, the Hearing Officer will
schedule a hearing date and notify the affected
employee at least seven (7) calendar days
prior to the hearing date. The hearing date
shall be within twenty-one (21) calendar days
of the Hearing Officer's receipt of the "intent to
appeal" unless one of the primary parties
involved is unavailable, in which case the
hearing will be scheduled as soon as practical
upon the return to work of the parties.
d. The Hearing. For Phase I and II actions, the
employee may submit a written request for
hearing to the Commander not in the
employee's chain of command. The
Commander will review the request and
determine if there is a basis for a formal
hearing. An alternate informal process exists
which would allow the employee and his/her
representative to meet and discuss the phase
placement in accordance with the established
open door policy of the Department.
For Phase III appeals, the Commander will
determine the parties to be present at the
hearing, except that the affected employee will
be present, and a maximum of two (2)
representatives of the employee's choice.
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INVESTIGATIONS
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In general, witnesses will not be called or
allowed; however, the affected employee may
submit written statements from the employee
(or others) which will support the appeal.
The entire appeal hearing will be tape
recorded. The tape will be kept (and be
available) in the Administration Division, and
will be erased when the phase is no longer in
effect. Upon his request and at his expense,
the employee may tape the hearing.
The Commander will weigh all testimony and
attempt to determine the facts surrounding the
phase placement.
e. Results. The Hearing Officer will report his
decision in a brief memo to the employee
within five (5) business days of the hearing.
If the decision upholds the original
recommendation or decreases the phase level,
the phase period begins on the date of the
Hearing Officer's decision.
If the Hearing Officer determines that a phase
was not appropriate, all reference to the phase
incident and hearing will be immediately
purged from the personnel file, and the
Hearing Officer's written decision will be sent to
the affected employee.
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SECTION 20 - DEPARTMENT INVESTIGATIONS
It has always been and shall continue to be, the
Sheriff's position that all internal investigations shall
be conducted in a professional and timely manner.
The scope and intent of all legal and policy mandates
shall be adhered to during all phases of the
investigation. This includes that the confidentiality of
all information gained during the inquiry shall be
consistent with present legal restraints relative to
discovery and disclosure.
SECTION 21 - LABOR/MANAGEMENT
COMMITTEE
Matters of concern to employees in this unit may be
raised by the Department or the DSA in the existing
Labor-Management Committee.
SECTION 22 - RETIREMENT CONTRIBUTION
A. Payment of Employee Contributions.
Effective on January 1, 2012, employees are
responsible for the payment of one hundred
percent (100%) of the employees’ basic
retirement benefit contributions determined
annually by the Board of Retirement of the
Contra Costa County Employees’ Retirement
Association, without the County paying any
part of the employee’s contributions.
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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.
22.1 Safety Retirement Tier Elections -
Employees Hired or Rehired Before January
1, 2013.
A. If either the Internal Revenue Service issues
guidance acceptable to both parties, or the
County receives a Private Letter Ruling from
the IRS, that protects the County and DSA
members hired prior to January 1, 2013, from
additional tax liability, DSA members will have
the opportunity to elect new retirement tiers
pursuant to Government Code section
31484.9.
B. The following tiers are established:
1. In Safety Tier A, the retirement formula
is “3 Percent at 50.” The cost of living
adjustment (COLA) to the retirement
allowance shall not exceed three (3)
percent per year. The employee’s final
compensation shall be based on a
twelve (12) month salary average.
2. In Safety Tier C, the retirement formula
is “3 Percent at 50.” The cost of living
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adjustment (COLA) to the retirement
allowance shall not exceed two (2)
percent per year. The employee’s final
compensation shall be calculated
based on a thirty-six (36) month salary
average.
3. In the Safety PEPRA Tier, the
retirement formula is established by the
Public Employees Pension Reform Act
(PEPRA) (Chapters 296, 297, Statutes
of 2012). The retirement formula is
PEPRA Safety Option Plan Two (2.7%
at 57). The cost of living adjustment to
the retirement allowance (COLA) shall
not exceed two percent (2%) per year,
and the cost of living adjustment will be
banked. The employee’s final
compensation will be based on his/her
average annual compensation earnable
during a consecutive thirty-six month
period.
C. Method of Election.
1. Upon the occurrence of all of the
following:
a. the contingency listed in
subsection A is met;
b. actuarial studies by the
County and by the Contra
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Costa County Employees
Retirement Association
(“CCCERA”,) have been
completed;
c. the Board of Supervisors
has adopted such
ordinances or resolutions
as may be necessary to
implement the election;
d. as required by
Government Code section
31484.9, the County has
prepared written
information about the
change in benefits for
employees who elect to
enter a new tier; and
e. CCCERA has taken any
other actions that may be
necessary to implement
the election;
the County shall work with
CCCERA to provide a time period
of no less than three (3) calendar
months during which sworn
members of the DSA bargaining
unit who are in Safety Tier A as
of December 31, 2012, may
make a written irrevocable
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election to 1) waive and release
all rights to retirement benefits
under Safety Tier A for the period
of service following the election
and 2) enter the Safety PEPRA
Tier for the period of service
following the election.
In addition, the County shall work
with CCCERA to provide a time
period of no less than three (3)
calendar months during which
sworn members of the DSA
bargaining unit who are in Safety
Tier C as of December 31, 2012,
may make a written irrevocable
election to 1) waive and release
all rights to retirement benefits
under Safety Tier C for the period
of service following the election
and 2) to enter the Safety
PEPRA Tier for the period of
service following the election.
Employees electing to enter the
Safety PEPRA Tier will enter the
Safety PEPRA Tier on the first
day of the first calendar month
after the close of the election
period.
2. An employee in Safety Tier A
who elects to enter the Safety
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PEPRA Tier shall have his/her
retirement benefits calculated on
the basis of Safety Tier A for the
period of service prior to the
election. An employee in Safety
Tier C who elects to enter the
Safety PEPRA Tier shall have
his/her retirement benefits
calculated on the basis of Safety
Tier C for the period of service
prior to the election.
D. The parties agree that the provisions of
Government Code section 31484.9 shall apply
to sworn members of the Deputy Sheriff’s
Association.
22.2 Tier A - Thirty Years of Continuous Service
as a Safety Member. Through the term of this
Memorandum of Understanding and any extensions
thereof, a DSA member with credit for more than 30
years of continuous service as a safety member shall
not make payments from his or her retirement base to
pay part of the employer’s contribution for the cost
of Safety Tier A.
22.3 Safety Retirement Tier C - Employees Hired
or Rehired after December 31, 2006, but Before
January 1, 2013.
A. For sworn employees hired by the County after
December 31, 2006, but before January 1,
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2013, the retirement formula shall be “3
Percent at 50”. The cost of living adjustment
(COLA) to the retirement allowance shall not
exceed two (2) percent per year. The
employee’s final compensation shall be
based on his or her highest thirty six (36)
month salary average. Safety Tier A is closed
to all employees initially hired after December
31, 2006.
B. Employees who left County service prior to
January 1, 2013, and are rehired after that
date shall not be eligible to elect a retirement
tier. Such rehired employees shall be
automatically placed in that retirement tier for
which they are eligible under the County
Employees Retirement Law and PEPRA.
C. Safety Tier C is closed to all employees initially
hired after December 31, 2012, except for
those sworn employees who, under PEPRA,
do not become New Members of CCCERA.
22.4 Safety Retirement Benefit – Sworn
Employees who become New Members of
CCCERA on or after January 1, 2013.
A. For sworn employees who, under
PEPRA, become Safety New Members of the
Contra Costa County Employee Retirement
Association (CCCERA) on or after January 1,
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DSA MGMT UNIT - 134 - 2013 – 2016 MOU
2013, retirement benefits are governed by the
California Public Employees Pension Reform
Act of 2013 (PEPRA), (Chapters 296, 297,
Statutes of 2012). To the extent this
Agreement conflicts with any provision of
PEPRA, PEPRA will govern.
B. PEPRA Safety Option Plan Two (2.7%
@ 57) applies to these employees who, under
PEPRA, become New Members of CCCERA.
For these employees, the cost of living
adjustment to the retirement allowance will not
exceed two percent (2%) per year, and the
cost of living adjustment will be banked.
22.5 Retirement Benefit - Non-Sworn Employees
who become New Members of CCCERA on
or After January 1, 2013.
A. For non-sworn employees who, under
PEPRA, become New Members of the
Contra Costa County Employees
Retirement Association (CCCERA) on
or after January 1, 2013, retirement
benefits are governed by the California
Public Employees Pension Reform Act
of 2013 (PEPRA), (Chapters 296, 297,
Statutes of 2012). To the extent this
Agreement conflicts with any provision
of PEPRA, PEPRA will govern.
B. For employees hired by the County after
SECTION 23 - SAFETY
DSA MGMT UNIT - 135 - 2013 – 2016 MOU
June 30, 2013, who, under PEPRA,
become New Members of CCCERA the
cost of living adjustment to the
retirement allowance will not exceed two
percent (2%) per year, and the cost of
living adjustment will be banked.
C. For employees who, under PEPRA,
become New Members of CCCERA, the
disability provisions are the same as the
current Tier III disability provisions.
D. The County will seek legislation
amending the County Employees
Retirement Law of 1937 to clarify that
the current Tier III disability provisions
apply to non-sworn employees who,
under PEPRA, become New Members
of CCCERA. The Union must support
the legislation, in addition to the County,
by calling and sending a letter (on Union
letterhead) in support of the bill to the
state legislator sponsoring the bill, on or
before the date specified by the County.
In addition, if requested by the County,
the Union must testify in support of the
bill before the state legislative
committees considering the bill.
SECTION 23 - SAFETY
The County shall expend every effort to see to it that
the work performed under the terms and conditions of
SECTION 24 - MILEAGE
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this MOU is performed with a maximum degree of
safety consistent with the requirement to conduct
efficient operations.
SECTION 24 - MILEAGE
Mileage allowance for the use of personal vehicles on
County business shall be paid according to the rates
allowed by the Internal Revenue Service and shall be
adjusted to reflect changes in this rate on the date it
becomes effective or the first of the month following
announcement of the changed rate by the Internal
Revenue Service, whichever is later.
SECTION 25 - 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.
Pay errors discovered by the County found in
employee pay shall be corrected as soon as possible
as to current pay rate but that no recovery of either
overpayments or underpayments to an employee
shall be made retroactively except for the six (6)
month period immediately preceding discovery of the
pay error. This provision shall apply regardless of
SECTION 26 - PROVISIONAL
APPOINTMENT
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whether the error was made by the employee, the
appointing authority or designee, the Director of
Human Resources or designee, or the Auditor-
Controller or designee. Recovery of fraudulently
accrued over or underpayments are excluded from
this section for both parties.
When the County notifies an employee of an
overpayment and proposed repayment schedule and
the employee wishes to meet with the County, a
meeting will be held at which time a repayment
schedule shall be determined.
If requested by the employee, an Association
representative may be present at a meeting with
management to discuss a repayment schedule in the
case of overpayments to the employee.
SECTION 26 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request
for personnel to fill a position in a class for which no
reemployment or employment list is available, or in a
class for which no eligible or insufficient eligibles to
complete the certification will accept appointment to
the position, the Director of Human Resources may
authorize the appointing authority to appoint any
person who possesses the minimum qualifications for
the class as set forth in the class specifications,
provided that the names of eligibles available and the
names of persons who have indicated their intention
to take the next examination for the class shall be
SECTION 26 - PROVISIONAL APPOINTMENT
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referred to the appointing authority at the time
authorization is issued.
In no case shall a permanent position be filled by a
provisional appointment for a period exceeding six (6)
calendar months except under the following
conditions:
a. If an examination has been announced for the
class and recruitment of applicants is in
process, the Director of Human Resources
may authorize a continuation of provisional
appointments until an eligible list is
established.
b. In case of a provisional appointment to a
permanent position vacated by a leave of
absence, such provisional appointment may be
continued for the duration of said leave.
A provisional appointment shall be terminated within
thirty (30) days after the date of certification of
eligibles from an appropriate eligible list.
All decisions of the Director of Human Resources
relative to provisional appointments are final.
Before filling a position by a provisional appointment,
the appointing authority shall post notice and shall
consider current qualified employees for the
appointment. Only if there are insufficient internal
applicants to constitute a full certification may the
appointing authority consider applicants from outside
County service.
SECTION 27 - PERSONNEL FILES
DSA MGMT UNIT - 139 - 2013 – 2016 MOU
SECTION 27 - PERSONNEL FILES
An employee shall have the right to inspect and
review any official record(s) relating to his or her
performance as an employee or to a grievance
concerning the employee which is kept or maintained
by the County in the employee's personnel file in the
Human Resources Department or in the employee's
personnel file in their department. The contents of
such records shall be made available to the employee
for inspection and review at reasonable intervals
during the regular business hours of the County.
The County shall provide an opportunity for the
employee to respond in writing to any information
which is in the employee's personnel file about which
he or she disagrees. Such response shall become a
permanent part of the employee's personnel record.
The employee shall be responsible for providing the
written responses to be included as part of the
employee's official personnel file. This section does
not apply to the records of an employee relating to
the investigation of a possible criminal offense,
medical records and information or letters of
reference.
All documents pertaining to disciplinary actions shall
be placed in an official personnel file maintained by
the Human Resources Department or in an official
personnel file maintained by their department. Copies
of written reprimands or memoranda pertaining to an
employee's unsatisfactory performance which are to
be placed in the employee's personnel file shall be
given to an employee who shall have the right to
respond in writing to said documents. Copies of
SECTION 28 - SERVICE AWARDS
DSA MGMT UNIT - 140 - 2013 – 2016 MOU
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
department. In a case involving a grievance or
disciplinary action, the employee's designated
representative may also review his or her personnel
file with specific written authorization from the
employee.
The Association will be given a list of all types of
personnel files maintained by the Sheriff.
SECTION 28 - SERVICE AWARDS
The County shall continue its present policy with
respect to service awards including time off; provided,
however, that the type of award given shall be at the
sole discretion of the County.
The following procedures shall apply with respect to
service awards:
a. Presentation Before the Board of Supervisors .
An employee with twenty (20) or more years of
service may go before the Board of
Supervisors to receive his/her Service Award.
When requested by a department, the Human
Resources Department will make
arrangements for the presentation ceremony
before the Board of Supervisors and notify the
department as to the time and date of the
Board meeting.
SECTION 29 - REIMBURSEMENT FOR
MEAL EXPENSES & CHARGE FOR
DETENTION DIVISION MEALS
DSA MGMT UNIT - 141 - 2013 – 2016 MOU
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 29 - REIMBURSEMENT FOR MEAL
EXPENSES & CHARGE FOR DETENTION
DIVISION MEALS
29.1 Reimbursement for Meal Expenses.
Employees shall be reimbursed for meal expenses
under the following circumstances and in the amount
specified:
a. When the employee is required to be out of
his/her regular or normal work area during a
meal hour because of a particular work
assignment and with prior approval of the
department head or his designee.
b. When the employee is required to stay over to
attend consecutive or continuing afternoon and
night sessions of a board or commission.
c. When the employee is required to incur
expenses as host for official guests of the
County, work as members of examining
boards, official visitors, and speakers or
honored guests at banquets or other official
functions.
SECTION 30 - COMPENSATION FOR LOSS
OR DAMAGE TO PERSONAL PROPERTY
DSA MGMT UNIT - 142 - 2013 – 2016 MOU
Meal costs will be reimbursed only when eaten
away from home or away from the facility in the
case of employees at 24-hour institutions.
Procedures and definitions relative to
reimbursement for meal expenses shall be in
accordance with the Administrative Bulletin on
Expense Reimbursement.
29.2 Charge for Detention Division Meals.
Personnel represented by the DSA and permanently
assigned to the Detention Division will have fifteen
dollars ($15) per month deducted from their pay
checks in exchange for meals provided by the
Department. The employee may choose not to eat
facility food. In that case no fees will be deducted.
SECTION 30 - COMPENSATION FOR LOSS OR
DAMAGE TO PERSONAL PROPERTY
30.1 Conditions. The loss or damage to personal
property of employees is subject to reimbursement
under the following conditions:
a. The loss or damage must result from an event
which is not normally encountered or
anticipated on the job and which is not subject
to the control of the employee.
b. Ordinary wear and tear of personal property
used on the job is not compensated.
SECTION 30 - COMPENSATION FOR LOSS
OR DAMAGE TO PERSONAL PROPERTY
DSA MGMT UNIT - 143 - 2013 – 2016 MOU
c. Employee tools or equipment provided withou t
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 an employee's dentures
or other prosthetic devices did not occur
simultaneously with a job connected injury
covered by Workers' Compensation.
h. The amount of reimbursement shall be limited
to the actual cost to repair damages.
Reimbursement for items damaged beyond
repair shall be limited to the actual value of the
item at the time of loss or damage but not
more than the original cost.
I. The burden of proof of loss rests with the
employee.
j. Claims for reimbursement must be processed
in accordance with the Administrative Bulletin
SECTION 31 - UNFAIR LABOR PRACTICE
DSA MGMT UNIT - 144 - 2013 – 2016 MOU
on Compensation for Loss or Damage to
Personal Property.
30.2 Policies & Practices. The employer will
continue its present policies and practices with regard
to loss or damage to personal property. This MOU
provision does not constitute a waiver by the DSA or
an affected employee to litigate in court the legality of
portions of the policies dealing with limiting
reimbursement because of alleged employee
negligence or wrongdoing.
SECTION 31 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair
labor practice as defined in Chapter 34 -22 of the
Board of Supervisors Resolution 81/1165 against the
other. Allegations of an unfair labor practice, if not
resolved in discussions between the parties, shall be
heard by a mutually agreed upon impartial third party.
SECTION 32 - LENGTH OF SERVICE DEFINITION
(for service awards and vacation accruals)
The length of service credits of each employee of the
County shall date from the beginning of the last
period of continuous County employment (including
temporary, provisional, and permanent status, a nd
absences on approved leave of absence). When an
employee separates from a permanent position in
good standing and within two (2) years is reemployed
in a permanent County position, or is reemployed in a
SECTION 33 - UNIFORM
ALLOWANCE/S.W.A.T. UNIFORM
DSA MGMT UNIT - 145 - 2013 – 2016 MOU
permanent County position from a layoff list withi n the
period of layoff eligibility, service credits shall include
all credits accumulated at time of separation, but shall
not include the period of separation. The Director of
Human Resources shall determine these matters
based on the employee status records in the Human
Resources Department.
SECTION 33 - UNIFORM ALLOWANCE/S.W.A.T.
UNIFORM
33.1 Uniform Allowance. Effective January 1,
2007, employees eligible for the uniform allowance
will receive a total of eight hundred seventy two
dollars ($872) per year. Uniform allowance is paid for
the purchase of uniforms and the cleaning and
maintenance of uniforms and equipment.
33.2 Uniform Allowance Method of Payment.
Employees who are eligible for the uniform allowance
will receive such allowance included in their monthly
pay warrants.
33.3 S.W.A.T. Uniform. The department shall
provide all employees accepted into S.W.A.T. with
the necessary uniform and equipment.
SECTION 34 - PEACE OFFICER TRAINING
INCENTIVE PROGRAM
SECTION 34 - PEACE OFFICER TRAINING
INCENTIVE PROGRAM
DSA MGMT UNIT - 146 - 2013 – 2016 MOU
34.1 Management/Executive P.O.S.T. Certificate.
Provisions of Section 17 - Peace Officer Training of
the County Salary Regulations are in effect for
incumbents in the classes of Captain and Sheriff’s
Chief of Forensic Services as follows:
a. A permanent career incentive allowance of two
and one-half percent (2.5%) monthly base pay
shall be awarded for the possession of a
Management and/or Executive P.O.S.T.
Certificate and possession of an approved
Baccalaureate Degree.
b. A permanent career incentive allowance of five
percent (5%) monthly base pay shall be
awarded for the possession of a Management
and/or Executive P.O.S.T. Certificate and
possession of an approved Master's Degree.
34.2 Advanced P.O.S.T. Certificate. Provisions of
Section 17 Peace Officer Training of the County
Salary Regulations are in effect for incumbents in the
classes of Lieutenant (6XHA), Administrative
Lieutenant (6XHB) and Deputy Sheriff Forensic
Manager (6DGA) as follows:
a. A permanent career incentive allowance of two
and one-half percent (2.5%) monthly base pay
shall be awarded for the possession of an
Advanced P.O.S.T. Certificate and possession
of an approved Baccalaureate Degree.
Effective April 1, 2002, Lieutenants will be
eligible to receive an additional two and one-
SECTION 35 - CRITICAL INCIDENT
DSA MGMT UNIT - 147 - 2013 – 2016 MOU
half percent (2.5%) of monthly base pay f or the
possession of an Advanced P.O.S.T.
Certificate.
b. A permanent career incentive allowance of five
percent (5%) monthly base pay shall be
awarded for the possession of an Advanced
P.O.S.T. Certificate and possession of an
approved Master's Degree.
34.3 Intermediate P.O.S.T. Certificate. Effective
January 1, 2014, permanent full-time employees in
the classifications of Lieutenant (6XHA),
Administrative Lieutenant (6XHB), and Captain
(6XDA) in the Sheriff's Department will receive a
career incentive allowance of two and one-half
percent (2.5%) of base pay per month for the
possession of a valid intermediate P.O.S.T.
certificate.
SECTION 35 - CRITICAL INCIDENT
In the event the act or omission of a sworn officer
causes the death or serious injury of another person,
the officer's Division Commander shall place the
employee on Administrative Leave (with pay) for the
forty-eight (48) hours immediately following the
incident.
SECTION 36 - 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
SECTION 37 - SCOPE OF AGREEMENT &
SEVERABILITY OF PROVISION
DSA MGMT UNIT - 148 - 2013 – 2016 MOU
order to implement these provisions. It is understood
that where it is determined that an Ordinance is
required to implement any of the foregoing provisions,
said provisions shall become effective upon the first
day of the month following thirty (30) days after such
Ordinance is adopted.
SECTION 37 - SCOPE OF AGREEMENT &
SEVERABILITY OF PROVISION
37.1 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 Union 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.
37.2 Severability of Provisions. Should any
section, clause or provision of this MOU be declared
illegal, unlawful or unenforceable, by final judgment of
a court of competent jurisdiction, such invalidation of
such section, clause or provision shall not invalidate
the remaining portions hereof, and such remaining
SECTION 37 - SCOPE OF AGREEMENT &
SEVERABILITY OF PROVISION
DSA MGMT UNIT - 149 - 2013 – 2016 MOU
portions shall remain in full force and effect for the
duration of this MOU.
37.3 Personnel Management Regulations.
Where a specific provision contained in a section of
this MOU conflicts with a specific provision contained
in a section of the Personnel Management
Regulations, the provision of this MOU shall prevail. It
is recognized, however, that certain provisions of the
Personnel Management Regulations may be
supplementary to the provisions of this MOU or deal
with matters not within the scope of representation
and as such remain in full force and effect.
37.4 Duration of Agreement. This Agreement
shall continue in full force and effect from July 1, 2013
to and including June 30, 2016.
Date:
Contra Costa County: Deputy Sheriffs’ Assn.
(Management Unit):
(Signature / Printed Name) (Signature / Printed Name)
/
/
/
/
/
/
/
/
MEMORANDUM OF UNDERSANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS' ASSOCIATION
RANK & FILE UNIT
This Memorandum of Understanding (MOU) is
entered into pursuant to the authority contained in
Board of Supervisors Resolution 81/1165 and has
been jointly prepared by the parties.
The Employee Relations Officer (County
Administrator) is the representative of Contra Costa
County in employer-employee relations matters as
provided in Board of Supervisors Resolution 81/1165,
Section 34-8.012.
The parties have met and conferred in good faith
regarding wages, hours and other terms and
conditions of employment for the employees in units
in which the Association is the recognized
representative, have freely exchanged information,
opinions and proposals and have endeavored to
reach agreement on all matters relating to the
employment conditions and employer-employee
relations covering such employees.
This MOU shall be presented to the Contra Costa
County Board of Supervisors as the joint
recommendations of the undersigned for salary and
benefits for the term as set forth herein.
DEFINITIONS
DSA RANK & FILE - 2 - 2013 – 2016 MOU
DEFINITIONS
Appointing Authority: Department Head unless
otherwise provided by statute or ordinance.
Association: Deputy Sheriffs' Association (DSA).
Class: A group of positions sufficiently similar with
respect to the duties and responsibilities that similar
selection procedures and qualifications may apply
and that the same descriptive title may be used to
designate each position allocated to the group.
Class Title: The designation given to a class, to
each position allocated to the class, and to the
employees allocated to the class.
County: Contra Costa County.
Demotion: The change of a permanent employee to
another position in a class allocated to a salary range
for which the top step is lower than the top step of the
class which the employee formerly occupied except
as provided for under "Transfer" or as otherwise
provided for in this MOU, in the Personnel
Management Regulations, or in specific resolutions
governing deep classifications.
Director of Human Resources: The person
designated by the County Administrator to serve as
the Assistant County Administrator-Director of Human
Resources.
DEFINITIONS
DSA RANK & FILE - 3 - 2013 – 2016 MOU
Eligible: Any person whose name is on an
employment or reemployment or layoff list for a given
classification.
Employee: A person who is an incumbent of a
position or who is on leave of absence in accordance
with provisions of this MOU and whose position is
held pending his/her return.
Employment List: A list of persons who have been
found qualified for employment in a specific class.
Layoff List: A list of persons who have occupied
positions allocated to a class in the Merit System and
who have been involuntarily separated by layoff or
displacement or have voluntarily demoted in lieu of
layoff.
Permanent-Intermittent Position: Any position
which requires the services of an incumbent for an
indefinite period but on an intermittent basis, as
needed, paid on an hourly basis.
Permanent Part-Time Position: Any position which
will require the services of an incumbent for an
indefinite period but on a regularly scheduled less
than full time basis.
Permanent Position: Any position which has
required, or which will require the services of an
incumbent without interruption, for an indefinite
period.
Project Employee: An employee who is engaged in
a time limited program or service by reason of limited
DEFINITIONS
DSA RANK & FILE - 4 - 2013 – 2016 MOU
or restricted funding. Such positions are typically
funded from outside sources but may be funded from
County revenues.
Promotion: The change of a permanent employee
to another position in a class allocated to a salary
range for which the top step is higher than the top
step of the class which the employee formerly
occupied, except as provided for under "Transfer" or
as otherwise provided for in this MOU, in the
Personnel Management Regulations, or in specific
resolutions governing deep classes.
Position: The assigned duties and responsibilities
calling for the regular full time, part-time or
intermittent employment of a person.
Reallocation: The act of reassigning an individual
position from one class to another class at the same
range of the salary schedule or to a class which is
allocated to another range that is within five (5)
percent of the top step, except as otherwise provid ed
for in the Personnel Management Regulations, deep
class resolutions or other ordinances.
Reclassification: The act of changing the allocation
of a position by raising it to a higher class or reducing
it to a lower class on the basis of significant changes
in the kind, difficulty or responsibility of duties
performed in such position.
Reemployment List: A list of persons, who have
occupied positions allocated to any class in the merit
system and, who have voluntarily separated and are
qualified for consideration for reappointment under
SECTION 1 - RECOGNITION
DSA RANK & FILE - 5 - 2013 – 2016 MOU
the Personnel Management Regulations governing
reemployment.
Resignation: The voluntary termination of
permanent service with the County from a position in
the merit system.
Temporary Employment: Any employment in the
merit system which will require the services of an
incumbent for a limited period of time, paid on an
hourly basis, not in an allocated position or in
permanent status.
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%) of the top step as the class previously occupied
by the employee.
SECTION 1 - RECOGNITION
1.1 Association Recognition. The Association is
the formally recognized employee organization for the
Deputy Sheriffs' Rank & File Unit and such
organization has been certified as such pursuant to
Chapter 34-12 of Board of Supervisor's Resolution
81/1165.
1.2 Association Business. All elected members
of the Board of the governing body of the DSA and
any general member having agendized business
before the Board requiring the member's personal
SECTION 2 - ASSOCIATION SECURITY
DSA RANK & FILE - 6 - 2013 – 2016 MOU
appearance may be allowed to attend said Board
meeting during duty hours without any loss of pay or
benefit, provided that at least twenty-four (24) hour
advance written request is made.
The first-line supervisor of the member shall be
empowered to grant release time, if the granting of
same would not require added costs (i.e., overtime or
replacement by a temporary employee). Operational
impact will also be considered.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26
of Resolution 81/1165 only a majority representative
may have dues deduction and as such the
Association has the exclusive privilege of dues
deduction for all members in its unit.
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:
SECTION 2 - ASSOCIATION SECURITY
DSA RANK & FILE - 7 - 2013 – 2016 MOU
1. Become and remain a member of the
Association or;
2. pay to the Association, an agency shop
fee in an amount which does not exceed
an amount which may be lawfully
collected under applicable
constitutional, statutory, and case law,
which under no circumstances shall
exceed the monthly dues, initiation fees
and general assessments made during
the duration of this MOU. It shall be the
sole responsibility of the Association to
determine an agency shop fee which
meets the above criteria; or
3. do both of the following:
a. Execute a written declaration that
the employee is a member of a bona
fide religion, body or sect which has
historically held a conscientious
objection to joining or financially
supporting any public employee
organization as a condition of
employment; and
b. pay a sum equal to the agency shop
fee described in Section 2.2.B.2 to a
non-religious, non-labor, charitable
fund chosen by the employee from
the following charities: Family and
Children's Trust Fund, Child Abuse
Prevention Council and Battered
Women's Alternative.
SECTION 2 - ASSOCIATION SECURITY
DSA RANK & FILE - 8 - 2013 – 2016 MOU
C. The Association shall provide the County with
a copy of the Association's Hudson Procedure
for the determination and protest of its agency
shop fees. The Association shall provide a
copy of said Hudson Procedure to every fee
payer covered by this MOU within one month
from the date it is approved and annually
thereafter, and as a condition to any change in
the agency shop fee. Failure by fee payor to
invoke the Association's Hudson Procedure
within one month after actual notice of the
Hudson Procedure shall be a waiver by the
employee of their right to contest the amount
of the agency shop fee.
D. The provisions of Section 2.2.B.2 shall not
apply during periods that an employee is
separated from the representation unit but
shall be reinstated upon the return of the
employee to the representation unit. The term
separation includes transfer out of the unit,
layoff, and leave of absence with a duration of
more than thirty (30) days.
E. Annually, the Association shall file with the
Director of Human Resources a financial
statement which shall include an accurate
balance sheet and annual income statement.
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 calendar year
shall result in the termination of all agency
shop fee deductions without jeopardy to any
employee, until said report is filed.
SECTION 2 - ASSOCIATION SECURITY
DSA RANK & FILE - 9 - 2013 – 2016 MOU
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"
form by the Human Resources
Department.
2. If the form authorizing payroll deduction
is not returned within thirty (30) calendar
days after notice of this agency shop fee
provision and the association dues,
agency shop fee, initiation fee or
charitable contribution required under
Section 2.2.B.3 are not received, - and
the employee has not timely invoked the
Association's Hudson Procedure, or if
invoked, the employee's Hudson
Procedure rights have been exhausted -
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
SECTION 2 - ASSOCIATION SECURITY
DSA RANK & FILE - 10 - 2013 – 2016 MOU
action taken or not taken by the County under
this Section. This includes, but is not limited to,
the County's Attorneys' f ees and costs. The
provisions of this subsection shall not be
subject to the grievance procedure.
H. The County Human Resources Department
shall monthly furnish a list of all new hires to
the Association.
I. In the event that employees in a bargaining
unit represented by the Association vote to
rescind "Agency Shop," the provisions of
Sections 2.3 and 2.4 shall apply to dues-
paying members of the Association.
2.3 Maintenance of Membership. All employees
in units represented by the Association who are
currently paying dues to the Association and all
employees in such units who hereafter become
members of the Association shall as a condition of
continued employment pay dues to the Association
for the duration of this MOU and each year thereafter
so long as the Association continues to represent the
position to which the employee is assigned, unless
the employee has exercised the option to cease
paying dues in accordance with Section 2.4.
2.4 Withdrawal of Membership. By notifying the
Auditor-Controller's Department in writing, between
August 1 and August 31 of the agreed upon contract
terms, any employee may withdraw from Association
membership and discontinue paying dues as of the
payroll period commencing September 1 of the
current contract year, discontinuance of dues
SECTION 2 - ASSOCIATION SECURITY
DSA RANK & FILE - 11 - 2013 – 2016 MOU
payments to then be reflected in the October 10 th
paycheck of the current contract year. Immediately
upon the close of the above mentioned thirty (30) day
period the Auditor-Controller shall submit to the
Association a list of the employees who have
rescinded their authorization for dues deduction.
An employee in the bargaining unit who terminates
membership in the Association shall, as a condition of
continued employment, within 30 days of such
termination, comply with either Section 2.2.B.2 or
2.2.B.3, without any lapse of financial contributions.
2.5 Communicating With Employees. The
Association shall be allowed to use designated
portions of bulletin boards or display areas in public
portions of County buildings or in public portions of
offices in which there are employees represented by
the Association, provided the communications
displayed have to do with official organization
business such as times and places of meetings and
further provided that the Association appropriately
posts and removes the information. The department
head reserves the right to remove objectionable
materials after notification to and discussion with the
Association.
Representatives of the Association, not on County
time, shall be permitted to place a supply of employee
literature at specific locations in County buildings if
arranged through the Labor Relations Manager; said
representatives may distribute employee organization
literature in work areas (except work areas not open
to the public) if the nature of the l iterature and the
proposed method of distribution are compatible with
SECTION 2 - ASSOCIATION SECURITY
DSA RANK & FILE - 12 - 2013 – 2016 MOU
the work environment and work in progress. Such
placement and/or distribution shall not be performed
by on duty employees.
The Association shall be allowed access to work
locations in which it represents employees for the
following purposes:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
c. to leave and/or distribute a supply of literature
as indicated above;
d. to represent an employee on a grieva nce,
and/or to contact an Association officer on a
matter within the scope of representation.
In the application of this provision, it is agreed and
understood that in each such instance advance
arrangements including disclosure of which of the
above purposes is the reason for the visit, will be
made with the departmental representative in charge
of the work area, and the visit will not interfere with
County services.
2.6 Use of County Buildings. The Association
shall be allowed the use of areas normally used for
meeting purposes for meetings of County employees
during non-work hours when:
a. Such space is available and its use by the
Association is scheduled twenty-four (24)
hours in advance;
SECTION 2 - ASSOCIATION SECURITY
DSA RANK & FILE - 13 - 2013 – 2016 MOU
b. there is no additional cost to the County;
c. it does not interfere with normal County
operations;
d. employees in attendance are not on duty and
are not scheduled for duty;
e. the meetings are on matters within the scope
of representation.
The administrative official responsible for the space
shall establish and maintain scheduling of such uses.
The Association shall maintain proper order at the
meeting, and see that the space is left in a clean and
orderly condition.
The use of County equipment (other than items
normally used in the conduct of business meetings,
such as desks, chairs, ashtrays, and blackboards) is
prohibited, even though it may be present in the
meeting area.
2.7 Advance Notice. The Association shall,
except in cases of emergency, have the right to
reasonable notice of any ordinance, rule, resolution or
regulation directly relating to matters within the scope
of representation proposed to be adopted by the
Board, or boards and commissions designated by the
Board, and to meet with the body considering the
matter.
The listing of an item on a public agenda, or the
mailing of a copy of a proposal at least seventy-two
SECTION 2 - ASSOCIATION SECURITY
DSA RANK & FILE - 14 - 2013 – 2016 MOU
(72) hours before the item will be heard, or the
delivery of a copy of the proposal at least twenty-four
(24) hours before the item will be heard, shall
constitute notice.
In cases of emergency when the Board, or boards
and commissions designated by the Board
determines it must act immediately without such
notice or meeting, it shall give notice and opportunity
to meet as soon as practical after its action.
2.8 Assignment of Classes to Bargaining Units.
The County shall assign new classes in accordance
with the following procedure:
a. Initial Determination. When a new class title is
established, the Labor Relations Manager shall
review the composition of existing
representation units to determine the
appropriateness of including some or all of the
employees in the new class in one or more
existing representation units, and within a
reasonable period of time shall notify all
recognized employee organizations of his
determination.
b. Final Determination. This determination is final
unless within ten (10) days after notification a
recognized employee organization requests in
writing to meet and confer thereon.
c. Meet and Confer and Other Steps. The Labor
Relations Manager shall meet and confer with
such requesting organizations (and with other
recognized employee organizations where
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DSA RANK & FILE - 15 - 2013 – 2016 MOU
appropriate) to seek agreement on this matter
within sixty (60) days after the ten-day period in
Subsection (b), unless otherwise mutually
agreed. Thereafter, the procedures in cases of
agreement and disagreement, arbitration
referral and expenses, and criteria for
determination shall conform to those in
Subsections (d) through (i) of Section 34-
12.008 of Board of Supervisors Resolution
81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race,
creed, color, national origin, sex, sexual orientation or
Association activities against any employee or
applicant for employment by the County or by anyone
employed by the County; and to the extent prohibited
by applicable State and Federal law there shall be no
discrimination because of age. There shall be no
discrimination against any disabled person solely
because of such disability unless that disability
prevents the person from meeting the minimum
standards established for a position or from carrying
out the duties of the position safely.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees
designated as official representatives of the
Association shall be allowed to attend meetings held
by County agencies during regular working hours on
County time as follows:
SECTION 4 - OFFICIAL
REPRESENTATIVES
DSA RANK & FILE - 16 - 2013 – 2016 MOU
a. If their attendance is required by the County at
a specific meeting;
b. if their attendance is sought by a hearing body
for presentation of testimony or other reasons;
c. if their attendance is required for meeting(s)
scheduled at reasonable times agreeable to all
parties required for settlement of grievances
filed pursuant to Section 24 - Grievance
Procedure of this MOU;
d. if they are designated as a grievance
representative in which case they may utilize a
reasonable time at each level of the
proceedings to assist an employee to present
a grievance, provided the meetings are
scheduled at reasonable times agreeable to all
parties;
e. if they are designated as spokesperson or
representative of the Association and as such
make representations or presentations at
meetings or hearings on wages, salaries and
working conditions; provided in each case
advance arrangements for time away from the
employee's work station or assignment are
made with the appropriate department head or
his designee, and the County agency calling
the meeting is responsible for determining that
the attendance of the particular employee(s) is
required.
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4.2 Association Representatives. Official
representatives of the DSA 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 Labor Relations Manager
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
Manager, and that advance arrangements for the
time away from the work station o r assignment are
made with the appropriate department head or his
designee.
4.3 DSA President. A position has been placed in
the Support Services Bureau for the assignment of
the current DSA president or by mutual agreement, a
designee. The emphasis in duties shall be placed on
the Department's support of the County's Human
Rights Commission.
4.4 Union Release Time Bank – Limited Pilot
Program.
The parties agree to continue negotiations to develop
this limited pilot program for utilization by both the
Management Unit and Rank and File Units of the
DSA.
SECTION 5 - SALARIES
5.1 General Wages.
The base rate of pay for all classifications
represented by the Deputy Sheriffs’ Association,
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DSA RANK & FILE - 18 - 2013 – 2016 MOU
Rank and File Unit, will be increased as follows:
A. Effective January 1, 2014 3% wage increase
B. Effective July 1, 2014 3% wage increase
C. Effective July 1, 2015 3% wage increase
D. Employees in sworn classifications listed in
Attachment B with at least six (6) steps in the salary
range shall be eligible for an additional sal ary step in
the amount of two and one-half percent (2.5%) upon
meeting both of the following two conditions: 1) Have
a total of sixty (60) months of Contra Costa County
service in a sworn classification in the Office of the
Sheriff and 2) have eighteen (1 8) months at the top
step of a salary range in a classification listed in
Attachment B – Deputy Sheriff’s Association Rank
and File Unit Classes-Sworn Unit.
E. Effective January 1, 2014, two new salary steps
will be added to of the current salary range fo r Deputy
Sheriff – 40 hours (6XWA) and Deputy Sheriff – 56
hour (6XWB) classifications. The new step 1 will be
ten percent (10%) less than the current step 1 and
the new step 2 will be five percent (5%) less than the
current step 1. All existing steps will be renumbered
beginning with step 3. For example, the current step 1
will be the new step 3.
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.
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5.3 Anniversary Dates. Except as may otherwise
be provided for in deep class resolutions, anniversary
dates will be set as follows:
a. New Employees. The anniversary date of a
new employee is the first day of the calendar
month after the calendar month when the
employee successfully completes six (6)
months service provided however, if an
employee began work on the first regularly
scheduled workday of the month the
anniversary date is the first day of the calendar
month when the employee successfully
completes six months service.
b. Promotions. The anniversary date of a
promoted employee is determined as for a new
employee in Subsection 5.3.a above.
c. Demotions. The anniversary of a demoted
employee is the first day of the calendar month
after the calendar month when the demotion
was effective.
d. Transfers, Reallocations and Reclassifications.
The anniversary date of an employee who is
transferred to another position or one whose
position has been reallocated or reclassified to
a class allocated to the same salary range or
to a salary range which is within five (5)
percent of the top step of the previous
classification, remains unchanged.
e. Reemployments. The anniversary of an
employee appointed from a reemployment list
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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, 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 th e
calendar month after the calendar month when
the employee was appointed or transferred;
provided however, when the appointment or
transfer is effective on the employee's first
regularly scheduled work day of that month,
his/her anniversary is one (1) year after the
first calendar day of that month.
5.4 Increments Within Range. The performance
of each employee, except those of employees
already at the maximum salary step of the appropriate
salary range, shall be reviewed on the anniversary
date as set forth in Section 5.3 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
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authority may recommend denial of the increment or
denial subject to one additional review at some
specified date before the next anniversary which must
be set at the time the original report is returned.
Except as herein provided, increments within range
shall not be granted more frequently than once a
year, nor shall more than one (1) step within-range
increment be granted at one time, except as
otherwise provided in deep-class resolutions. In case
an appointing authority recommends denial of the
within range increment on some particular
anniversary date, but recommends a special salary
review at some date before the next anniversary the
special salary review shall not affect the regular salary
review on the next anniversary date. Nothing herein
shall be construed to make the granting of increments
mandatory on the County. If the department verifies in
writing that an administrative or clerical error was
made in failing to submit the documents needed to
advance an employee to the next salary step on the
first of the month when eligible, said advancement
shall be made retroactive to the first of the month
when eligible.
5.5 Part-Time Compensation. A part-time
employee shall be paid a monthly salary in the same
ratio to the full-time monthly rate to which the
employee would be entitled as a full-time employee
under the provisions of this Section 5 as the number
of hours per week in the employee's part-time work
schedule bears to the number of hours in the full-time
work schedule of the department.
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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
to which the position has been reclassified, the salary
of the incumbent shall be reduced to the maximum
salary for the new classification. The salary of an
incumbent of a position which is reclassified to a class
which is allocated to a range of the basic salary
schedule greater than the range of the class of the
position before it was reclassified shall be governed
by the provisions of Section 5.9 - Salary on
Promotion.
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5.8 Salary Reallocation & Salary on
Reallocation.
A. In a general salary increase or decrease, an
employee in a class which is allocated to a
salary range above or below that to which it
was previously allocated, when the number of
steps remain the same, shall be compensated
at the same step in the new salary range the
employee was receiving in the range to which
the class was previously allocated. If the
reallocation is from one salary range with more
steps to a range with fewer steps or vice versa,
the employee shall be compensated at the
step on the new range which is in the same
percentage ratio to the top step of the new
range as was the salary received before
reallocation to the top step of the old range,
but in no case shall any employee be
compensated at less than the first step of the
range to which the class is allocated.
B. In the event that a classification is reallocated
from a salary range with more steps to a salary
range with fewer steps on the salary schedule,
apart from the general salary increase or
decrease described in 5.8.A above, each
incumbent of a position in the reallocated class
shall be placed upon the step of the new range
which equals the rate of pay received before
the reallocation. In the event that the steps in
the new range do not contain the same rates
as the old range, each incumbent shall be
placed at the step of the new range which is
next above the salary rate received in the old
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DSA RANK & FILE - 24 - 2013 – 2016 MOU
range, or if the new range does not contain a
higher step, at the step which is next lower
than the salary received in the old range.
C. In the event an employee is in a position which
is reallocated to a different class which is
allocated to a salary range the same as, above
or below the salary range of the employee's
previous class, the incumbent shall be placed
at the step in the new class which equals the
rate of pay received before reallocation. In the
event that the steps in the range for the new
class do not contain the same rates as the
range for the old class, the incumbent sha ll be
placed at the step of the new range which is
next above the salary rate received in the old
range; or if the new range does not contain a
higher step, the incumbent shall be placed at
the step which is next lower than the salary
received in the old range.
D. In the event of reallocation to a deep class, the
provisions of the deep class resolution and
incumbent salary allocations, if any, shall
supersede Section 5.8.
5.9 Salary on Promotion. Any employee who is
appointed to a position of a class a llocated to a higher
salary range than the class previously occupied,
except as provided under Section 5.12 shall receive
the salary in the new salary range which is next
higher than the rate received before promotion. In the
event this increase is less than five percent (5%), the
employee's salary shall be adjusted to the step in the
new range which is at least five percent (5%) greater
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DSA RANK & FILE - 25 - 2013 – 2016 MOU
than the next higher step; provided however that the
next step shall not exceed the maximum salary for the
higher class.
In the event of the promotion of a laid off employee
from the layoff list to the class from which the
employee was laid off, the employee shall be
appointed at the step which the employee had
formerly attained in the higher class unless such step
results in an increase of less than five percent (5%),
in which case the salary shall be adjusted to the step
in the new range which is five percent (5%) greater
than the next higher step, if the new range permits
such adjustment.
5.10 Salary on Involuntary Demotion. Any
employee who is demoted, except as provided under
Section 5.12, shall have his/her salary reduced to the
monthly salary step in the range for the class of
position to which he has been demoted next lower
than the salary received before demotion. I n the
event this decrease is less than five percent (5%), the
employee's salary shall be adjusted to the step in the
new range which is five percent (5%) less than the
next lower step; provided, however, that the next step
shall not be less than the minimum salary for the
lower class.
Whenever the demotion is the result of layoff,
cancellation of positions or displacement by another
employee with greater seniority rights, the salary of
the demoted employee shall be that step on the
salary range which he/she would have achieved had
he/she been continuously in the position to which
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DSA RANK & FILE - 26 - 2013 – 2016 MOU
he/she has been demoted, all within-range
increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever
any employee voluntarily demotes to a position in a
class having a salary schedule lower than that of the
class from which he or she demotes, his or her salary
shall remain the same if the steps in his or her new
(demoted) salary range permit, and if not, the new
salary shall be set at the step next below former
salary.
5.12 Transfer. An employee who is transferred
from one position to another as described under
"Transfer" shall be placed at the step in the salary
range of the new class which equals the rate of pay
received before the transfer. In the event that t he
steps in the range for the new class do not contain
the same rates as the range for the old class, the
employee shall be placed at the step of the new
range which is next above the salary rate received in
the old range; or if the new range does not cont ain a
higher step, the employee shall be placed at the step
which is next lower than the salary received in the old
range. If the transfer is to a deep class, the provisions
of the deep class resolution on salary of transfers, if
any, shall apply in lieu of the above provisions.
5.13 Pay for Work in Higher Classification.
When an employee in a permanent position in the
merit system is required to work in a classification for
which the compensation is greater than that to which
the employee is regularly assigned, the employee
shall receive compensation for such work at the rate
of pay established for the higher classification
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DSA RANK & FILE - 27 - 2013 – 2016 MOU
pursuant to Section 5.9 - Salary on Promotion of this
MOU, commencing on the eleventh (11th) work day
of the assignment, under the following conditions:
a. The employee is assigned to a program,
service, or activity established by the Board of
Supervisors which is reflected in an authorized
position which has been classified and
assigned to the Salary Schedule.
b. The nature of the departmental assignment is
such that the employee in the lower
classification becomes fully responsible for the
duties of the position of the higher
classification.
c. Employee selected for the assignment will
normally be expected to meet the minimum
qualifications for the higher classification.
d. Pay for work in a higher classification shall not
be utilized as a substitute for regular
promotional procedures provided in this MOU.
e. The appropriate authorization form has been
submitted by the Department Head and
approved by the County Administrator.
f. Higher pay assignments shall not exceed six
(6) months except through reauthorization.
g. If approval is granted for pay for work in a
higher classification and the assignment is
terminated and later reapproved for the same
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DSA RANK & FILE - 28 - 2013 – 2016 MOU
employee within thirty (30) days no additional
waiting period will be required.
h. Any incentives (e.g., the education incentive)
and special differentials (e.g., bilingual
differential and canine differential) accruing to
the employee in his/her permanent position
shall continue unless the employee is no
longer performing the duties which warrant the
differentials.
i. 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.
j. Allowable overtime pay, shift differentials
and/or work location differentials will be paid
on the basis of the rate of pay for the higher
class.
5.14 Payment. On the tenth (10th) day of each
month, the Auditor will draw a warrant upon the
Treasurer in favor of each employee for the amount
of salary due the employee for the preceding month;
provided, however, that each employee (except those
paid on an hourly rate) may choose to receive an
advance on the employee's monthly salary, in which
case the Auditor shall, on the twenty-fifth (25th) day
of each month, draw his/her warrant upon the
Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third
(1/3) or less (at the option of the employee) of the
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employee's basic salary of the previous month except
that it shall not exceed the amount of the previous
month's basic salary less all requested or required
deductions.
The election to receive an advance shall be made on
or before April 30 or October 31 of each year or
during the first month of employment by filing on
forms prepared by the Auditor-Controller a notice of
election to receive salary advance.
Each election shall become effective on the first day
of the month following the deadline for filing the notice
and shall remain effective until revoked.
In the case of an election made pursuant to this
Section 5.14 all required or requested deductions
from salary shall be taken from the second
installment, which is payable on the tenth (10th) day
of the following month.
Direct Deposit Provisions. No later than July 1,
2002, all employees shall voluntarily authorize and
make arrangements for the direct deposit of their
paychecks via electronic fund transfer into the
financial institution of their choice using forms
approved by the Auditor-Controller and subject to
Labor Code section 213. Employees will have their
payroll advice statements mailed to their address on
file with the County.
As a condition of continued employment, all
employees hired into classifications represented by
the DSA on or after July 1, 2002, shall voluntarily
authorize and make arrangements for the direct
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DSA RANK & FILE - 30 - 2013 – 2016 MOU
deposit of their paychecks via electronic fund transfer
into the financial institution of their choice using forms
approved by the Auditor-Controller, subject to Labor
Code section 213.
Pursuant to Labor Code section 213, an individual
employee having provided consent for direct deposit
as outlined above, may choose to opt out of direct
deposit at a later date. Individual employees that opt -
out of direct deposit will have their pay warrant mailed
to their address on file with the County under regular
County payroll procedures.
Direct Mailing of Pay W arrant and Pay Warrant
Advice. The County shall distribute pay warrants
and/or pay warrant advices via United States mail.
Pay warrant and pay warrant advices shall be mailed
directly to each employee’s address on file with the
County subject to the following:
1. If an employee has not received his/her pay
warrant or pay warrant advice five (5) calendar
days following the mailing of said warrant or
advice, and upon request of the employee, the
County shall issue a replacement pay warrant
or pay warrant advice within twenty-four (24)
hours of receiving the employee’s request for a
replacement.
2. Payroll errors shall be corrected as follows:
A. Errors of two hundred dollars ($200)
gross or more will be corrected within
five (5) working days.
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DSA RANK & FILE - 31 - 2013 – 2016 MOU
B. Errors amounting to less than two
hundred dollars ($200) gross, shall be
adjusted the next pay period.
C. The hardship requirement will no longer
apply to payroll corrections.
D. Request for payroll corrections shall be
forwarded by the Department, not by the
employee, to the Auditor’s Payroll
Division.
E. Payroll adjustments would be by a
paper check as opposed to an
electronic transfer.
F. Items A through E above
notwithstanding, the provisions of
Section 31 – Pay Warrant Errors of the
current DSA MOU remain in force and
effect.
3. There shall be no fee to employees for the
processing of pay warrants and/or pay warrant
advices, or for the correction of payroll errors.
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.
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B. Alternate Work Schedule: An alternate work
schedule is any work schedule where an
employee is regularly scheduled to work five
(5) days per week, but the employee’s
regularly scheduled two (2) days off are NOT
Saturday and Sunday.
C. Flexible Work Schedule: A flexible work
schedule is any schedule that is not a regular,
alternate, 4/10, 9/80, or Coroner’s Bureau
“Living in Positions” work schedule and where
the employee is not scheduled to work more
than 40 hours in the work week or 160 hours
in the work period as defined in Subsection J.,
below.
D. 4/10 Work Schedule: A 4/10 work schedule is
four (4) ten hour days in a seven (7) day
period, for a total of forty (40) hours per week.
E. 9/80 Work Schedule: A 9/80 work schedule is
where an employee works a recurring schedule
of thirty-six (36) hours in one calendar week
and forty-four (44) hours in the next calendar
week, but only forty (40) hours in the
designated workweek. In the thirty-six (36)
hour calendar week, the employee works four
(4) nine (9) hour days and has the same day of
the week off that is worked for eight (8) hours
in the forty-four (44) hour calendar week. In
the forty-four (44) hour calendar week, the
employee works four (4) nine (9) hour days
and one (1) eight (8) hour day.
F. 12/80 Work Schedule: A 12/80 work
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schedule is ONLY available to employees in
the following classifications: Supervising
Sheriff Dispatcher (64HD), Sherif f Dispatcher I
(64WK), and Sheriff Dispatcher II (64WM). A
12/80 work schedule is where an employee
works a recurring schedule of thirty-six (36)
hours in one calendar week and forty-four (44)
hours in the next calendar week, but only forty
(40) hours in the designated workweek. In the
thirty-six (36) hour calendar week, the
employee works three (3) twelve (12) hour
days and has the same day of the week off
that is worked for eight (8) hours in the forty-
four (44) hour calendar week. That day is
designated as Wednesday. In the forty-four
(44) hour calendar week, the employee works
three (3) twelve (12) hour days and one (1)
eight (8) hour day on Wednesday.
G. Coroner’s Division “Living-In Positions”
Work Schedule: The work schedule for
employees in the Coroner's Division filling
"living-in positions" consists of three (3) twenty-
four (24) hour shifts during a nine (9) calendar
day period. The general order of the work
shifts is as follows: 24-hour on duty; 24-hour
off duty; 24-hour on duty; 24-hour off duty; 24-
hour on duty; followed by four (4) consecutive
days off.
H. Workweek for Employees on Regular,
Flexible, Alternate, and 4/10 Work
Schedules: For employees on regular,
alternate, flexible, and 4/10 work schedules,
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the workweek begins at 12:01 a.m. on Monday
and ends at 12 midnight on Sunday.
I. Workweek for Employees on a 9/80 Work
Schedule: The 9/80 workweek begins on the
same day of the week as the employee’s eight
(8) hour work day and regularly scheduled 9/80
day off. The start time of the workweek is four
(4) hours and one (1) minute after the start
time of the eight (8) hour workday. The end
time of the workweek is four (4) hours after the
eight (8) hour workday start time. The result is
a workweek that is a fixed and regularly
recurring period of seven (7) consecutive
twenty-four (24) hour periods (168 hours).
J. Work Period for Sworn Employees: For
employees in classifications listed under
“sworn unit,” the work period is between seven
and 28 consecutive days long.
6.2 Time Changes: Pacific Standard
Time/Daylight Savings Time. When the clocks are
set forward one (1) hour for the change to Daylight
Savings Time, employees working at the time of the
time-change will work the same number of hours as is
normally required on that shift. This may result in a
one (1) hour overlap between the Morning Shift and
Day Shift.
When the clocks are set backward one (1) hour for
the change to Pacific Standard Time, employees
working at the time of the time-change will work the
additional hour when necessary. Where appropriate,
overtime will be paid for said hour.
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COMPENSATORY TIME
DSA RANK & FILE - 35 - 2013 – 2016 MOU
6.3 Time Reporting/Time Stamping. Permanent
Intermittent (hourly) employees must timestamp in
and out as they begin their work shifts, finish their
work shifts, and take meal periods. Salaried
employees will report time off and time worked for
special pays on the electronic timecard.
6.4 Time Reporting and Pay Practices Waiver.
The Association agrees to the implementation of an
Automated Timekeeping System. The Association
waives its right to meet and confer regarding any
impacts that may result from the County’s
implementation of the automated timekeeping
system, including but not limited to, changes to
current departmental time reporting and pay
practices. The Association agrees to convert from the
current payroll cycle when the County is able to
upgrade the current Payroll system or implement a
new County Payroll System.
SECTION 7 - OVERTIME AND COMPENSATORY
TIME
7.1 Overtime. Permanent full-time and permanent
part-time employees are entitled to receive overtime
pay for any authorized work performed in excess of
the employee’s daily number of scheduled hours.
Work performed does not include non-worked hours.
All overtime pay is compensated for at the rate of one
and one-half (1-1/2) times the employee's base rate
of pay, not including any differentials or shift pays.
Any special differentials which are applicable during
overtime hours worked will be computed on the
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COMPENSATORY TIME
DSA RANK & FILE - 36 - 2013 – 2016 MOU
employee's base rate of pay (not on the overtime rate
of pay).
7.2 Compensatory Time. Effective July 1, 1996
compensatory time off is eliminated as an option for
overtime. The following applies to compensatory time
accrued as of June 30, 1996:
a. Accrued compensatory time off shall be carried
over for use in subsequent fiscal years.
b. 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.
c. Compensatory time accrual balances will be
paid off when an employee moves from one
department to another through promotion,
demotion or transfer. Said payoff will be made
in accordance with the provisions and salary of
the class from which the employee is
promoting, demoting or transferring as set forth
in d. below.
d. Since employees accrue compensatory time
off at the rate of one and one -half (1-1/2) hours
for each hour of authorized overtime worked,
accrued compensatory time balances will be
paid off at the straight time rate of two -thirds
the overtime rate for the employee's current
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COMPENSATORY TIME
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salary whenever:
1. the employee separates from County
service;
2. the employee retires.
e. Employees who elect to receive compensatory
time credit must agree to do so for a full fiscal
year (July 1 through June 30). The employee
must notify their departmental payroll staff of
any change in the election by May 31 of each
year.
7.3 Straight Time Pay. Permanent full-time and
permanent part-time employees are entitled to
receive straight time pay for non-scheduled hours
worked in excess of the employee’s daily number of
scheduled hours, but the employee’s total daily
number of hours worked does not excee d the
employee’s daily number of scheduled hours.
Straight time pay is compensated at the rate of one
(1.0) times the employee’s base rate of pay (not
including any differentials or shift pays)
7.4 Court Appearance Overtime.
A. Employees shall be compensated for off-duty
court appearances on work days as follows:
1. An employee shall be compensated with
a three (3) hour overtime minimum or
actual time in court, whichever is
greater, for any court appearance that
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COMPENSATORY TIME
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starts more than one-half hour before
an employee’s shift or more than one-
half hour after the conclusion of an
employee’s shift.
2. For court appearances which begin
during an employee’s shift or within a
half-hour of the start or conclusion of an
employee’s shift, the employee shall be
compensated for actual time worked.
3. An employee shall be entitled to only
one (1) three (3) hour minimum each
day.
B. Compensation for court appearances on
scheduled days off shall be as follows:
1. An employee shall be compensated with
a four (4) hour minimum or actual time
in court, whichever is greater.
2. An employee shall be entitled to not
more than two (2) four (4) hour
minimums per day.
3. An employee shall be entitled to only
one (1) four (4) hour minimum per court
session, e.g., one in the morning, one in
the afternoon, or one in the evening
(after 6:00 p.m.).
7.5 Deputy Sheriff-Coroner Overtime. If a
Deputy Sheriff assigned to the Coroner's Division
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works overtime anywhere in the Office of the Sheriff,
including the Coroner’s Division, said Deputy Sheriff
shall be paid overtime, calculated on the standard
hourly rate applicable to all other deputies.
SECTION 8 - CALL BACK TIME
A permanent full-time and permanent part-time
employee who is called back to duty is entitled to be
paid for Call Back Time. Call Back Time occurs when
an employee is not scheduled to work and is not on
County premises, but is called back to work on
County premises. An employee called back to work
is entitled to receive Call Back Time pay at the rate of
one and one-half (1.5) times his/her base rate of pay
(not including differentials or shift pays) for the actual
Call Back Time worked plus one (1) hour. Such
employee called back to work will be paid a minimum
of two (2) hours at the appropriate rate for ea ch Call
Back Time event.
SECTION 9 - ON-CALL DUTY
On-call duty is any time when the employee is not on
duty and is not required to be on County premises .
The employee must be ready to immediately report
for duty and must arrange so that his/her superior can
reach him/her on ten (10) minutes notice or less.
Employees who are assigned in writing to on -call duty
and are carrying pagers will be compensated at the
rate of $272.50 per week or 8 hours compensatory
time off for each full week (7 days) of on -call
assignment. The employee is entitled to the on-call
duty pay even if the employee is called back to work
while assigned to on-call duty.
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The method of compensation will be determined by
mutual agreement between the department and the
individual employee. Employees who elect to receive
compensatory time credit must agree to do so for a
full fiscal year (July 1 through June 30). The
employee must notify their departmental payroll staff
of any change in the election by May 31 of each year.
SECTION 10 - WORK SCHEDULING
10.1 Shift Assignment Scheduling. The following
definitions shall be used for shift assignment
scheduling only:
a. Assignment. The appointment or direction to
work a particular shift, as defined herein.
b. Bidding System. The manner in which
assignments to shifts are determined pursuant
to provisions of this MOU.
c. Shifts. A regularly assigned tour of duty with
an established starting and ending time for
each work day.
d. Seniority. An employee's seniority within a
class shall be determined by the length of
continuous employment in that class.
10.2 Patrol, Detention, Technical Services, and
Court Security Division Scheduling. The policy and
procedures for establishing a work schedule for
Deputies and Sergeants assigned to the Detention
Division and Patrol Division (including Contract
Cities), and Dispatchers and Supervising Dispatchers
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assigned to the Technical Services Division, and
Sheriff’s Aides assigned to the Detention Division, will
be as follows:
a. Length of Shifts. The bidding for shifts shall
take place on a tri-annual basis. The shift
periods will be:
January–April, May–August,
September-December
b. Selection of Shifts. Personnel shall bid for
their shifts and days off based on their
seniority. In the Patrol Division, personnel shall
also bid for a particular sub-station based on
their seniority.
c. Transfers.
1. Personnel transferred into Patrol or
Detention Division following the
establishment of the sign-up will be
assigned to a vacant slot.
2. A reassignment of patrol personnel from
one substation to another does not
constitute a transfer.
3. All sergeants and deputies receiving
notification of an interdivisional transfer
will be allowed to sign up for the next full
schedule in their division. If the
notification of transfer is made after a
sign-up has started but not completed or
implemented, the transferee will be
assigned to a vacant slot.
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d. Exceptions. The Sheriff reserves the right to
make exceptions and assign shifts as
necessary in the following circumstances:
1. Emergency situations that may arise.
2. To correct an obvious imbalance in the
experience level of personnel assigned
to any given shift.
3. To assign personnel to certain shifts.
These are personnel assigned to certain
specialized duties including, but not
necessarily limited to those assigned as:
a) Canine handlers
b) Marine patrol personnel
c) Relief Shift personnel
d) Special Weapons & Tactics team
members
e) Supply and Services Deputy
f) Bus Drivers
g) Dispatch Training supervisor
h) Data Base Maintenance
Dispatcher
The present practice of choosing
persons for specialized positions shall
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continue in part as memorialized by the
memorandum labeled "Specialized
Assignments", executed by the Sheriff
on June 17, 1985 shown herein as
Exhibit A.
4. To provide for retraining of any
personnel whose job performance is
substandard or unsatisfactory.
5. To compensate for vacancies, absences
due to injury, illness, leave of absence
or emergency leave.
6. In any circumstances where the duties
and responsibilities of the office cannot
be carried out without adjusting work
schedules.
e. Detention Division Transfer Policy.
1. Initial Assignment and Detention
Division Transfer Policy - Newly hired
Deputy Sheriffs are assigned to the
Custody Services Bureau for a minimum
of eighteen (18) months. A newly hired
“lateral” Deputy Sheriff who has a
minimum of one (1) year permanent, full
time county or municipal public safety
patrol experience within the preceding
three (3) year period, may at the
Sheriff’s sole discretion, be initially
assigned to the Patrol Division for a
minimum eighteen (18) month
assignment or the Court Security
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Division for an initial period of thirty-six
(36) months.
2. To balance staffing needs, Deputy
Sheriffs may be transferred to the
Detention Division in order of reverse
"Detention Seniority"; persons with the
least amount of Detention Division
seniority being at the top of the transfer
list.
3. Any Deputy Sheriff wishing to transfer to
Patrol shall be given priority based upon
their “Detention Seniority”; persons with
the most amount of Detention Division
seniority being at the top of the transfer
list.
4. A Deputy Sheriff with 20 years seniority
as a Deputy Sheriff with Contra Costa
County is exempt from mandatory
transfer to the Patrol Division or the
Detention Division, except as provided
in 5. below.
5. A Deputy assigned to a contract city is
exempt from mandatory transfer to the
Detention Division during the first four
(4) years of assignment to the city. If
during the first four (4) years of city
assignment the deputy would have been
scheduled to transfer to the Detention
Division, that transfer is deferred until
completion of the four (4) year
assignment. A deputy who reaches
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his/her 20th year of department seniority
during this "deferred transfer" status
does not become exempt from rotation
to Detention, and will be required to
serve up to an 18-month assignment in
Detention.
f. Court Security Division Transfer Policy. A
Deputy assigned to the Court Security Division
is exempt from mandatory transfer to the
Detention Division during the first three (3)
years of assignment to the Court. If during the
first three (3) years of Court assignment the
deputy would have been scheduled to transfer
to the Detention Division, that transfer is
deferred until completion of the three (3) year
assignment. A Deputy who reaches his/her
twentieth (20th) year of department seniority
during this “deferred transfer” status does not
become exempt from rotation to Detention and
will be required to serve up to an eighteen (18)
month assignment in Detention.
In the event that the Department fails to
receive voluntary applicants for
transfer/assignment to the Court Security
Division, the Department may, in its discretion,
assign deputies to the Court Security Division
as follows:
(a) Newly hired deputies may be assigned
directly to the Court Security Division as
their initial assignment with the
Department; or
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(b) The Department may select deputies in
accordance with the following
procedures:
(i) The deputies with the least
amount of seniority with the
Department shall be assigned to
the Court Security Division.
(ii) Employees to be excluded from
consideration by the selection
committee include: deputies
obligated to contract positions,
deputies in critical positions as
determined by the Sheriff or his
designee, and deputies who have
declared in writing that it is their
intent to retire within the next
calendar year provided that the
deputy has not previously
declared the intent to retire.
(iii) It is understood that a deputy
who has been involuntarily
transferred to the Court Security
Division and has worked within
that Division for a full year can
request to transfer out of the
Court Security Division.
10.3 Transportation Bureau. W ith regard to
assignments to the Transportation Bureau, the
Department may require an eighteen (18) month
minimum assignment. The Department will use the
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Selection Committee procedures, on a Department-
wide basis, for filling the positions. The current
practices involving the requirement that new
personnel acquire and maintain a Class B license,
and County provision of time and costs for such
acquisition and maintenance (e.g., release time and
medical tests) shall continue.
10.4 Investigation Division Home Garaging. All
sworn employees in this bargaining unit assigned to
field responsibilities in the Investigation Division will
be allowed to home garage their assigned
automobiles. It is understood that the Department will
establish reasonable written policy and procedures
consistent with County policy and operational needs.
10.5 Investigations Division Scheduling. All
sworn personnel assigned to Investigations shall work
a standard, five-day forty (40) hour work week.
10.6 Classification Scheduling. All sworn
personnel assigned to Classification shall work a five-
day forty (40) hour work week.
10.7 Internal Affairs Scheduling. Sworn personnel
assigned to Internal Affairs shall work a standard five -
day forty (40) hour work week.
10.8 Selection of Shifts. Personnel may bid within
their assigned team for starting times by seniority.
10.9 Length of Shift. Shifts shall be bid upon,
within each team, quarterly.
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REDUCTION, LAYOFF & REASSIGNMENT
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10.10 Transfers. Except in unusual conditions,
transfers will take effect on the first Monday of a
calendar quarter to coincide with shift changes in the
Patrol Division. Newly assigned personnel shall fill an
open position and will be subject to that position's
starting time until the next quarterly shift sign-up.
10.11 Court Security/Detention Time. Deputy
Sheriffs assigned to the Court Services Division will
receive Detention credit.
10.12 Dispatch Reopener. The parties agree to
reopen those provisions of this M.O.U. pertaining to
the terms and conditions of employment for the
Sheriff’s Dispatcher classifications in the event of a
consolidation of Sheriff Dispatch operations with Fire
dispatch operations.
SECTION 11 - SENIORITY, WORKFORCE
REDUCTION, LAYOFF & REASSIGNMENT
11.1 Workforce Reduction. In the event that
funding reductions or shortfalls in funding occur in a
department or are expected, which may result in
layoffs, the department will notify the Association and
take the following actions:
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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REDUCTION, LAYOFF & REASSIGNMENT
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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 reductions when such leaves
can be accommodated by the department.
d. Approve requests for reduction in hours, lateral
transfers, and voluntary demotions to vacant,
funded positions in classes not scheduled for
layoffs within the department, as well as to
other departments not experiencing funding
reductions or shortfalls when it is a viable
operational alternative for the department(s).
e. Review various alternatives which will help
mitigate the impact of the layoff by working
through the Tactical Employment Team
program (TET) to:
1. Maintain an employee skills inventory
bank to be used as a basis for referrals
to other employment opportunities.
2. Determine if there are other positions to
which employees may be transferred.
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
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counseling, job search strategy, and
interviewing skills.
f. When it appears to the Department Head
and/or Labor Relations Manager that the Board
of Supervisors may take action which will result
in the layoff of employees in a representation
unit, the Labor Relations Manager shall notify
the Association of the possibility of such layoffs
and shall meet and confer with the Association
regarding the implementation of the action.
11.2 Separation Through Layoff.
A. Grounds for Layoff . Any employee(s) having
permanent status in position(s) in the merit
service may be laid off when the position is no
longer necessary, or for reasons of economy,
lack of work, lack of funds or for such other
reason(s) as the Board of Supervisors deems
sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a
department shall be based on inverse seniority
in the class of positions, the employee in that
department with least seniority being laid off
first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off permanent
full time employee may displace an
employee in the department having less
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seniority in the same class who
occupies a permanent-intermittent or
permanent part-time position, the least
senior employee being displaced first.
2. In the Same Level or Lower Class. A
laid off or displaced employee who had
achieved permanent status in a class at
the same or lower salary level as
determined by the salary schedule in
effect at the time of layoff may displace
within the department and in the class of
an employee having less seniority; the
least senior employee being displaced
first, and so on with senior displaced
employees displacing junior employees.
D. Particular Rules on Displacing.
1. Permanent-intermittent and permanent
part-time employees may displace only
employees holding permanent positions
of the same type respectively.
2. A permanent full time employee may
displace any intermittent or part-time
employee with less seniority 1) in the
same class, or 2) in a class of the same
or lower salary level if no full time
employee in a class at the same or
lower salary level has less seniority than
the displacing employees.
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3. Former permanent full time employees
who have voluntarily become permanent
part-time employees for the purpose of
reducing the impact of a proposed layoff
with the written approval of the Director
of Human Resources or designee retain
their permanent full time employee
seniority rights for layoff purposes only
and may in a later layoff displace a full
time employee with less seniority as
provided in these rules.
E. Seniority. An employee's seniority within a
class for layoff and displacement purposes
shall be determined by adding the employee's
length of service in the particular class in
question to the employee's length of service in
other classes at the same or higher salary
levels as determined by the salary schedule in
effect at the time of layoff. Employees
reallocated or transferred without examination
from one class to another class having a salary
within five percent (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 other
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classes which have been included in the deep
class.
Service for layoff and displacem ent purposes
includes only the employee's last continuous
permanent County employment. Periods of
separation may not be bridged to extend such
service unless the separation is a result of
layoff in which case bridging will be authorized
if the employee is reemployed in a permanent
position within the period of layoff eligibility.
Approved leaves of absence as provided for in
these rules and regulations shall not constitute
a period of separation. In the event of ties in
seniority rights in the particular class in
question, such ties shall be broken by length of
last continuous permanent County
employment. If there remain ties in seniority
rights, such ties shall be broken by counting
total time in the department in permanent
employment. Any remaining ties shall be
broken by random selection among the
employees involved.
F. Eligibility for Layoff List. Whenever any person
who has permanent status is laid off, has been
displaced, has been demoted by displacement
or has voluntarily demoted in lieu of layoff or
displacement, or has transferred in lieu of
layoff or displacement, the person's name shall
be placed on the layoff list for the class of
positions from which that person has been
removed.
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REDUCTION, LAYOFF & REASSIGNMENT
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G. Order of Names on Layoff . First, layoff lists
shall contain the names of persons laid off,
displaced, or demoted as a result of a layoff or
displacement, or who have voluntarily demoted
in lieu of layoff or displacement or who have
transferred in lieu of layoff or displacement.
Names shall be listed in order of layoff
seniority in the class from which laid off,
displaced, demoted or transferred on the date
of layoff, the most senior person listed first. In
case of ties in seniority, the seniority rules shall
apply except that where there is a class
seniority tie between persons laid off from
different departments, the tie(s) shall be
broken by length of last continuous permanent
County employment with remaining ties broken
by random selection among the employees
involved.
H. Duration of Layoff and Reemployment Rights.
The name of any person granted
reemployment privileges shall continue on the
appropriate list for a period of two (2) years.
Persons placed on layoff lists shall continue on
the appropriate list for a period of four (4)
years.
I. Certification of Persons From Layoff Lists.
Layoff lists contain the name(s) of person(s)
laid off, displaced or demoted by displacement
or voluntarily demoted in lieu of layoff or
displacement or transferred in lieu of layoff or
displacement. When a request for personnel is
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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 Reemployment &
Layoff Lists. The Director of Human Resources
may remove the name of any eligible from a
reemployment or layoff list for any reason
listed below:
1. For any cause stipulated in Section
404.1 of the Personnel Management
Regulations.
2. On evidence that the eligible cannot be
located by postal authorities.
3. On receipt of a statement from the
appointing authority or eligible that the
eligible declines certification or indicates
no further desire for appointment in the
class.
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4. If three (3) offers of permanent
appointment to the class for which the
eligible list was established have been
declined by the eligible.
5. If the eligible fails to respond to the
Director of Human Resources or the
appointing authority within ten (10) days
to written notice of certification mailed to
the person's last known address.
6. If the person on the reemployment or
layoff list is appointed to another
position in the same or lower
classification, the name of the person
shall be removed.
7. However, if the first permanent
appointment of a person on a layoff list
is to a lower class which has a top step
salary lower than the top step of the
class from which the person was laid
off, the name of the person shall not be
removed from the layoff list. Any
subsequent appointment of such person
from the layoff list shall result in removal
of that person's name.
K. Removal of Names from Reemployment and
Layoff Certifications. The Director of Human
Resources may remove the name of any
eligible from a reemployment or layoff
certification if the eligible fails to respond within
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five (5) days to a written notice of certification
mailed to the person's last known address.
11.3 Notice. The County agrees to give employees
scheduled for layoff at least ten (10) work days notice
prior to their last day of employment.
11.4 Special Employment Lists. The County will
establish a TET Employment Pool which will include
the names of all laid off County employees. Special
employment lists for job classes may be established
from the pool. Persons placed on a special
employment list must meet the minimum
qualifications for the class. An appointment from such
a list will not affect the individual's status on a layoff
list(s).
11.5 Reassignment of Laid Off Employees.
Employees who displaced within the same
classification from full time to part-time or intermittent
status in a layoff, or who voluntarily reduced their
work hours to reduce the impact of layoff, or who
accepted a position of another status than that from
which they were laid off upon referral from the layoff
list, may request reassignment back to their pre -layoff
status (full time or part-time or increased hours). The
request must be in writing in accord with each
department's reassignment bid or selection process.
Employees will be advised of the reassignment
procedure to be followed to obtain reassignment back
to their former status at the time of the workforce
reduction. The most senior laid off employee in this
status who requests such a reassignment will be
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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 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe
the following holidays:
A.
January 1st, known as New Year's Day
Third Monday in January, known as
Dr. M. L. King, Jr. Day
February 12th, known as Lincoln's Birthday
Third Monday in February, known as
President's Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
September 9th, known as Admission Day
Second Monday in October, known as
Columbus Day
November 11th, known as Veterans Day
Fourth Thursday in November, known as
Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors
may by resolution designate as holidays.
Any holiday observed by the County that falls
on a Saturday is observed on the preceding
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Friday and any holiday that falls on a Sunday
is observed on the following Monday.
For employees who work in a twenty-four (24)
hour operation and whose regularly assigned
schedule results in the employee working a
holiday, any holiday that falls on a Saturday will
be observed on a Saturday, and any holiday
that falls on a Sunday will be observed on a
Sunday.
B. Personnel represented by the DSA who are in
the following assignments on Columbus Day,
Admission Day or Lincoln's Birthday, will not
observe a holiday on those days, but will
accrue personal holiday credits:
Investigation Division (except Orinda
contract officers)
Criminalistics Division
Administration Division
Coroner's Division (Sergeant only)
Detention Division (Bureau of
Administrative Services only)
Technical Services Division (Civil Unit)
Employees will accrue eight (8) hours of
personal holiday credit for each of the three
days (Columbus Day, Admission Day and
Lincoln's Birthday) on which they are in the
above assignments. The credit will be accrued
on the last day of the month in which these
days occur. No employee may accrue more
than forty (40) hours of personal holiday credit
beginning January 1, 1988; this accrual is in
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addition to that provided in Section 12.5. On
separation from County service, an employee
shall be paid for any unused personal holiday
credits at the employee's then current rate of
pay.
C. All Court Security Division personnel will
celebrate a holiday on Columbus Day and
Admission Day. Lincoln's Birthday will be a
mandatory training day for which employees
will receive eight (8) hours of personal holiday
credit.
D. Personal holiday credit may be taken in one
minute increments.
12.2 Holiday is NOT Worked and Holiday Falls on
Scheduled Work Day
A. Holidays Observed – Full-time Employees:
Full-time employees are entitled to observe a
holiday (eight (8) hours off), without a reduction
in pay, whenever a holiday is observed by the
County. When a full-time employee is
scheduled to work less than eight (8) hours on
a holiday and the employee observes the
holiday, the employee is also entitled to
receive flexible pay at the rate of one (1.0)
times his/her base rate of pay (not including
differentials) for the difference between eight
(8) hours and the hours the employee was
scheduled to work on the holiday.
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B. Holiday Observed in Excess of Eight (8)
hours: When a holiday falls on a full-time
employee’s scheduled workday, the employee
is entitled to only eight (8) hours off without a
reduction in pay. If the workday is a nine (9)
hour day, the employee must use one (1) hour
of non-sick leave accruals. If the workday is a
ten (10) hour day, the employee must use two
(2) hours of non-sick leave accruals. If the
workday is a twelve (12) hour day, the
employee must use four (4) hours of non-sick
leave accruals. If the employee does not have
any non-sick leave accrual balances, leave
without pay (AWOP) will be authorized.
C. Holiday 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 eight (8) hours, without a
reduction in pay. For example, a part-time
employee whose position hours are 24 hours
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 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 less than
the employee’s “Part-Time employee’s holiday
hours,” the employee is also entitled to receive
flexible pay at the rate of one (1.0) times
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his/her base rate of pay (not including
differentials) for the difference between the
employee’s “scheduled work hours” and the
employee’s “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.
12.3 Holiday is NOT Worked and Holiday Falls on
Scheduled Day Off
A. Full-Time Employee: When a holiday is
observed by the County on the scheduled day
off of a full-time employee, the employee is
entitled to take eight (8) hours off, without a
reduction in pay, in recognition of the holiday.
1. Employee Works on his/her Next
Scheduled Work Day Following the
Holiday: When a full time employee works
on his/her next scheduled work day
following the holiday, the employee is
entitled to receive his/her regular salary.
The employee is also entitled to receive
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overtime pay at the rate of one and one half
(1.5) times his/her base rate of pay (not
including differentials) for a maximum of
eight (8) hours.
2. Employee does NOT work on his/her
Next Scheduled Work Day Following the
Holiday: When a full time employee does
NOT work on his/her next scheduled work
day following the holiday, the employee is
entitled to the day off, without a reduction in
pay, in recognition of his/her regularly
scheduled day off.
3. The County retains the right to decide
whether an employee will work or not work
on the next scheduled work day following a
holiday.
B. Part-Time Employee: When a holiday is
observed by the County on the scheduled day
off of a part time employee, the part time
employee is entitled to observe the holiday in
the amount of the “Part-Time employee’s
holiday hours,” without a reduction in pay, in
recognition of the holiday.
1. Employee Works on his/her Next
Scheduled Work Day Following a
Holiday: When a part time employee
works on his/her next scheduled work day
following a holiday, the employee is entitled
to receive his/her regular salary. The
employee is also entitled to receive
overtime pay at the rate of one and one half
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(1.5) times his/her base rate of pay (not
including differentials) up to a maximum
amount of the “part-time employee’s
holiday hours”.
2. Employee does NOT work on his/her
Next Scheduled Work Day Following a
Holiday: When a part time employee does
NOT work on his/her next scheduled work
day following a holiday, the employee is
entitled to take the day off without a
reduction in pay in recognition of his/her
regularly scheduled day off.
3. The County retains the right to decide
whether an employee will work or will not
work on the next scheduled work day
following a holiday.
12.4 Holiday is WORKED and Holiday Falls on
Scheduled Work Day:
A. Full-Time Employee: When a full-time
employee works on a holiday that falls on the
employee’s scheduled work day, the employee
is entitled to receive his/her regular salary.
The employee is also entitled to receive
holiday pay at the rate of one and one half
(1.5) times his/her base rate of pay (not
including differentials) or holiday compensation
time at the same rate, for all hours worked up
to a maximum of eight (8) hours. When a full-
time employee works on a holiday that falls on
a scheduled work day that is less than an eight
(8) hour shift (“short shift”), the employee is
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also entitled to receive flexible pay at the rate
of one (1.0) times his/her base rate of pay for
the difference between eight (8) hours and the
employee’s “short shift” hours. When a full-
time employee is scheduled to work more than
eight (8) hours on a holiday (long shift) and the
employee works more than the scheduled long
shift hours, the employee is 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
beyond the long shift hours.
B. Part-Time Employee: When 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 at the rate of one and
one-half (1.5) times his/her base rate of pay
(not including differentials) or holiday
compensatory time at the same rate for all
hours worked on the holiday, up to a maximum
of eight (8) hours.
When a part-time employee is schedule to
work less than the employee’s “part-time
employee’s holiday hours” on a holiday (short
shift) and the employee works that short shift,
the employee is also entitled to receive flexible
pay at the rate of one (1.0) times his/her base
rate of pay (not including differentials) for the
difference between the “part-time employee’s
holiday hours” and the short shift.
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When a part-time employee is scheduled to
work more than his/her “part-time employee’s
holiday hours” on a holiday (long shift) and the
employee works more than the long shift
hours, the employee is entitled to receive
straight time pay at the rate of one (1.0) times
his/her base rate of pay (not including
differentials) for all hours worked beyond the
long shift hours, up to a maximum of eight (8)
hours. If the same part-time employee works
all of his/her long shift hours and also works
more than eight (8) hours on that holiday, then
the part-time employee is 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
that holiday beyond eight (8) hours.
12.5 Holiday is Worked and Holiday Falls on
Scheduled Day Off:
A. Full-Time Employee: When a full time
employee works on a holiday that falls on the
employee’s scheduled day off, the employee is
entitled to receive his/her regular salary. The
employee is also entitled to receive overtime
pay at the rate of one and one half (1.5) times
his/her base rate of pay (not including
differentials) for all hours worked on the
holiday.
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1. Employee Works on his/her Next
Scheduled Work Day Following the
Holiday: When a full time employee works
on his/her next scheduled work day
following the holiday, the employee is
entitled to receive his/her regular salary.
The employee is also entitled to receive
overtime pay at the rate of one and one half
(1.5) times his/her base rate of pay (not
including differentials)for a maximum of
eight (8) hours.
2. Employee does NOT work on his/her
Next Scheduled Work Day Following the
Holiday: When a full time employee does
NOT work on his/her next scheduled work
day following the holiday, the employee is
entitled to the day off, without a reduction in
pay, in recognition of his/her regularly
scheduled day off.
3. The County retains the right to decide
whether an employee will work or not work
on the next scheduled work day following a
holiday.
B. Part-Time Employee: When a part-time
employee works on a holiday that falls on the
employee’s scheduled day off, the employee is
entitled to receive his/her regular salary. The
part-time employee is also entitled to receive
overtime pay at the rate of one and one -half
(1.5) times his/her base rate of pay (not
including differentials) for all hours worked.
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DSA RANK & FILE - 68 - 2013 – 2016 MOU
1. Employee Works on his/her Next
Scheduled Work Day Following a Holiday:
When a part-time employee works on his/her
next scheduled work day following a holiday,
the employee is entitled to receive his/her
regular salary. The employee is also entitled
to receive overtime pay at the rate of one and
one-half (1.5) times his/her base rate of pay
(not including differentials) up to a maximum
amount of the “part-time employee’s holiday
hours.”
2. Employee does NOT work on his/her Next
Scheduled Work Day Following a Holiday:
When a part-time employee does NOT work
on his/her next scheduled work day following a
holiday, the employee is entitled to take the
day off without a reduction in pay, in
recognition of his/her regularly scheduled day
off.
3. The County retains the right to decide whether
an employee will work or will not work on the
next scheduled work day following a holiday.
12.6 Permanent Intermittent Employees
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 a maximum of eight (8) hours
worked on the holiday.
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12.7 Holiday and Compensatory Time Provisions:
A. Employees who elect to receive holiday
compensatory time credit must agree to do so
for a full fiscal year (July 1 through June 30).
The employee must notify their departmental
payroll staff of any change in the election by
May 31 of each year.
B. Maximum Accruals of Holiday
Compensatory Time: Holiday compensatory
time may not be accumulated in excess of two
hundred eighty-eight (288) hours. After two
hundred eighty-eight (288) hours are accrued
by an employee, the employee will receive
holiday pay at the rate of one and one half
(1.5) times his/her base rate of pay. Holiday
compensatory time may be taken at those
dates and times determined by mutual
agreement of the employee and the
Department Head or designee.
C. Use of Holiday Comp Time: Employees may
utilize up to five (5) days of accrued holiday
time in conjunction with their earned two (2)
week vacation. Accrued holiday time may be
taken off at times determined by mutual
agreement of the employee and the
department head.
D. Pay Off of Holiday Comp Time: Holiday
compensatory time will be paid off only upon a
change in status. A change in status includes,
but is not limited to, separation, transfer to
another department, reassignment to a
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permanent-intermittent position, or transfer,
assignment, or promotion into a position that is
not eligible for holiday compensatory time.
The Sheriff’s Department will continue its
present policy of reviewing requests made by
employees for a cashout of holiday
compensatory time off credits under exigent
circumstances and where appropriate will
recommend to the County Administrator that
such request be granted. If the County
Administrator agrees with the Department’s
recommendation, he will send the request to
the Auditor-Controller’s Office for payment. It is
understood that the decision of the Sheriff -
Coroner and/or the decision of the County
Administrator are not subject to the grievance
procedure.
SECTION 13 - VACATION LEAVE
13.1 Vacation Allowance. Employees in
permanent positions are entitled to vacation with pay.
Accrual is based upon straight time hours of working
time per calendar month of service and begins on the
date of appointment to a permanent position.
Increased accruals begin on the first of the month
following the month in which the employee qualifies.
Accrual for portions of a month shall be in minimum
amounts of one (1) hour calculated on the same basis
as for partial month compensation pursuant to
Section 5.6 of this MOU.
Vacation credits may be taken in one (1) minute
increments and may not be rounded. Vacation may
not be taken during the first six (6) months of
employment (not necessarily synonymous with
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probationary status) except where sick leave has
been exhausted; and none shall be allowed in excess
of actual accrual at the time vacation is taken.
13.2 Vacation Accrual Rates. For employees
hired prior to January 1, 1983 the rates at which
vacation credits accrue and the maximum
accumulation thereof are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
For employees hired on or after January 1, 1983, the
rates at which vacation credits accrue, and the
maximum accumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
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Effective July 1, 1992 for employees regularly
assigned and working in the Martinez Detention
Facility, West County Detention Facility, Marsh Creek
Detention Facility, and the Custody Alternative
Facility, the rates at which vacation credits accrue,
and the maximum accumulation thereof, are as
follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 1 year 6-2/3 160
1 year 7-1/3 176
2 years 8 192
3 years 8-2/3 208
4 years 9-1/3 224
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
If an employee with less than five (5) years service is
regularly assigned and working in the Detention
Division and transferred to another division, that
employee shall continue to accrue vacation credits at
the same rate he/she was accruing when transferred
until he/she attains his/her fifth year anniversary date
in which case the employee will accrue at the rates
specified above. If the employee returns to the
Detention Division on a regularly assigned basis,
he/she will accrue vacation at the above-specified
rates while so assigned.
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13.3 Accrual During Leave Without Pay. No
employee who has been granted a leave without pay
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. Exception: Employees on unpaid military
leave shall accrue vacation credits.
13.4 Vacation Allowance for Separated
Employees. On separation from County service, an
employee shall be paid for any unus ed vacation
credits at the employee's then current pay rate.
13.5 Pro-rated Accruals. Employees in permanent
part-time and permanent-intermittent positions shall
accrue vacation benefits on a prorated basis as
provided in Resolution 81/1165, Section 32-2.006.
13.6 Vacation Leave on Reemployment from a
Layoff List. Employees with six (6) months or more
service in a permanent position prior to their layoff,
who are employed from a layoff list, shall be
considered as having completed six (6) months
tenure in a permanent position for the purpose of
vacation leave. The appointing authority or designee
will advise the Auditor-Controller's Payroll Unit in each
case where such vacation is authorized so that
appropriate Payroll system override actions can be
taken.
13.7 Recovery of Vacation Accrual
Overpayments/Underpayments. Effective October
1, 1997, any and all future underpayments of vacation
accruals will be corrected and restored retroactively
for up to a three (3) year period from the date of the
discovery of the error. Upon authorization from the
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Labor Relations Manager, the County Auditor-
Controller’s Payroll Division will make the necessary
adjustments to credit said employee with the correct
amount of vacation accruals due.
In the event restoration of vacation accruals results in
an amount which is equal to or above maximum
cumulative accruals allowed, the amount restored will
be carried and tracked by the employee’s department
on an informal basis. It is the employee’s
responsibility to use said hours before or in tandem
with his/her official vacation leave prior to an agreed -
upon date, but no later than one (1) year from the
date of the agreement between the employee and the
department. At that time, any remaining restored
hours carried on an informal basis will be lost.
Effective October 1, 1997, any an all future
overpayments of vacation accruals will be corrected
and recouped by the County retroactively for up to a
three (3) year period from the date of the discovery of
the error. The employee will repay the County the
amount of vacation accruals due by allowing the
County to deduct the amount of overpaid vacation
accruals from the employee’s current vacation
accruals. If the employee’s vacation accruals are not
sufficient to cover the overpayment, personal holiday
and, if applicable, administrative leave accruals will
be used. If the aforementioned accruals are not
sufficient to cover the overpayment, the County will
withhold future vacation accruals until the
overpayment has been recouped.
When the County notifies an employee of an
overpayment and proposed repayment schedule, and
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the employee wishes to meet with the County, a
meeting will be held at which time a repayment
schedule shall be determined.
13.8 Maximum Vacation Accrual. The Department
agrees to schedule vacations to prevent loss of
accrued and accruing vacation provided that the
individual employee gives sixty (60) calendar days
advance written notice to the Division Commander
that he/she is approaching his/her maximum accrual.
SECTION 14 - SICK LEAVE
14.1 Purpose. The purpose of paid sick leave is to
insure employees against loss of pay for temporary
absences from work due to illness or injury. Sick
leave may be used only as authorized; it is not paid
time off which employees may use for personal
activities.
14.2 Accrual. Sick leave credits accrue at the rate
of eight (8) working hours credit for each completed
month of service. Employees who work a portion of a
month are entitled to a pro rata share of the monthly
sick leave credit computed on the same basis as is
partial month compensation.
Credits to and charges against sick leave are made in
minimum amounts of one (1) minute increments and
may not be rounded. Unused sick leave credits
accumulate from year to year. When an emplo yee is
separated, other than through retirement,
accumulated sick leave credits shall be cancelled,
unless the separation results from layoff in which
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case the accumulated credits shall be restored if the
employee is reemployed in a permanent position
within the period of his layoff eligibility.
Upon retirement, an employee's accumulated sick
leave shall be converted to retirement time on the
basis of one (1) day of retirement service credit for
each day of accumulated sick leave credit.
Accumulated paid sick leave credits may be used,
subject to appointing authority approval, by an
employee in pay status, but only in the following
instances:
A. An employee may use paid sick leave credits
when the employee is off work because of a
temporary illness or injury.
B. Sick leave may be used by permanently
disabled employees until all accruals of the
employee have been exhausted or until the
employee is retired by the Retirement Board
subject to the conditions listed below. For the
purposes of this Section 14 permanent
disability shall mean the employee suffers from
a disabling physical injury or illness and is
thereby prevented from engaging in any
County occupation for which he or she is
qualified by reason of education, training or
experience. Sick leave credits may be used
under this provision only when the following
requirements are met:
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1. An application for retirement due to
disability has been filed with the
Retirement Board; and
2. Satisfactory medical evidence of such
disability is received by the appointing
authority within thirty (30) days of the
start of use of sick leave for permanent
disability. The appointing authority may
review medical evidence and order
further examination as he deems
necessary, and may terminate use of
sick leave when such further
examination demonstrates that the
employee is not disabled, or when the
appointing authority determines that the
medical evidence submitted by the
employee is insufficient, or where the
above conditions have not been met.
C. Communicable Disease. An employee may
use paid sick leave credits while under a
physician's orders to remain secluded due to
exposure to a communicable disease.
D. Sick Leave Utilization for Pregnancy Disability.
Every female employee shall be entitled to at
least four (4) months leave of absence on
account of pregnancy disability and to use
available sick leave or vacation pay
entitlements during such leave.
1. Application for such leave must be
made by the employee to the appointing
authority accompanied by a written
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statement of disability from the
employee's attending physician. The
statement must address itself to the
employee's general physical condition
having considered the nature of the
work performed by the employee, and it
must indicate the date of the
commencement of the disability as well
as the date the physician anticipates the
disability to terminate. The appointing
authority retains the right to medical
review of all requests for such leave.
2. If a female employee does not apply for
sick leave and the appointing authority
believes that the employee is not able to
properly perform her work or that her
general health is impaired due to
disability caused or contributed to by
pregnancy, miscarriage, abortion,
childbirth or recovery therefrom, the
employee shall be required to undergo a
physical examination by a physician
selected by the County, and the cost of
such examination shall be borne by the
County. Should the medical report so
recommend, a mandatory leave shall be
imposed upon the employee for the
duration of the disability.
3. If all accrued sick leave has been
utilized by the employee, the employee
shall be considered on leave without
pay. Sick leave may not be utilized after
the employee has been released from
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the hospital unless the employee has
provided the County with a written
statement from her attending physician
stating that her disability continues and
the projected date of the employee's
recovery from such disability.
E. Medical and Dental Appointments. An
employee may use paid sick leave credits for
medical and dental appointments as follows:
1. For working time used in keeping
medical and dental appointments for the
employee's own care; and
2. For working time (not over forty (40)
hours in each fiscal year) used by an
employee for pre-scheduled medical
and dental appointments for an
immediate family member living in the
employee's home and for children and
parents who may reside outside of the
employee's home. Such use of sick
leave credits shall be accounted for by
the department on a fiscal year basis.
Any balance of the forty (40) hours
remaining at the end of the fiscal year
shall not be carried over to the next
year; departments shall notify the
employee if the maximum allowance is
reached. Authorization to use sick leave
for this purpose is contingent on
availability of accumulated sick leave
credits; it is not an additional allotment
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of sick leave which employees may
charge.
F. Emergency Care of Family. An employee may
use paid sick leave for working time used in
cases of illness, or injury to, an immediate
family member living in the employee's home,
or for children and parents who may reside
outside of the employee's home.
G. Death of Family Member. An employee may
use said sick leave credits for absence from
work because of a death in the employee's
immediate family, but this shall not exceed
three (3) working days plus up to two (2) days
of work time for necessary travel.
H. Definition of Immediate Family. For the
purposes of this Section 14 the immediate
family shall be restricted to the spouse, son,
stepson, daughter, stepdaughter, father,
stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, aunt, uncle, father-in-
law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law or domestic partner
of an employee.
14.3 Administration of Sick Leave. Accumulated
paid sick leave credits may not be used in the
following situations:
A. Self-inflicted Injury. For time off from work for
an employee's illness or injury caused by his or
her willful misconduct.
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B. Vacation. For an employee's illness or injury
while the employee is on vacation except when
extenuating circumstances exist and the
appointing authority approves.
C. Not in Pay Status. When the employee would
otherwise be eligible to use paid sick leave
credits but is not in a pay status.
The proper administration of sick leave is a
responsibility of the employee and the department
head. The following procedures apply:
A. Employees are responsible for notifying their
respective division of an absence as early as
possible prior to the commencement of their
work shift and in accordance with divisional
operational requirements. Notification shall
include the reason and possible duration of the
absence.
B. Employees are responsible for keeping their
department informed of their continuing
condition and probable date of return to work.
C. Employees are responsible for obtaining
advance approval from their appointing
authority or designee for the schedule time of
prearranged personal or family m edical and
dental appointments.
The use of sick leave may be denied if these
procedures are not followed. Abuse of sick leave on
the part of the employee is cause for disciplinary
action. To ascertain the propriety of claims against
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sick leave, the department head may make such
investigations as he deems necessary including
medical verification of illness.
14.4 Disability.
A. An employee physically or mentally
incapacitated for the performance of duty is
subject to dismissal, suspension or demotion,
subject to the County Employees Retirement
Law of l937. An appointing authority after
giving notice may place an employee on leave
if the appointing authority has filed an
application for disability retirement for the
employee, or whom the appointing authority
believes to be temporarily or permanently
physically or mentally incapacitated for the
performance of the employees duties.
B. An appointing authority who has reasonable
cause to believe that there are physical or
mental health conditions present in an
employee which endanger the health or safety
of the employee, other employees, or the
public, or which impair the employee's
performance of duty, may order the employee
to undergo at County expense and on the
employee's paid time, a physical, medical
and/or psychiatric examination by a licensed
physician or psychologist and receive a report
of the findings on such examination. If the
examining physician or psychologist
recommends that treatment for physical or
mental health problems, including leave, are in
the best interests of the employee or the
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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 (2)
weeks in duration, the appointing authority may
order the employee to undergo at County
expense a physical, medical, and/or psychiatric
examination by a licensed physician or
psychologist, and may consider a report of the
findings on such examination. If the report
shows that such employee is physically or
mentally incapacitated for the performance of
duty, the appointing authority may take such
action as he deems necessary in accordance
with appropriate provisions of this MOU.
E. Before an employee is placed on an unpaid
leave of absence or suspended because of
physical or mental incapacity under (A) or (B)
above, the employee shall be given notice of
the proposed leave of absence or suspension
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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 mailed shall have seven (7) work
days to respond to the appointing authority
either orally or in writing before the proposed
action may be taken.
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H. After having complied with the notice
requirements above, the appointing authority
may order the leave of absence or suspension
in writing stating specifically the basis upon
which the action is being taken, delivering the
order to the employee either personally or by
certified mail, effective either upon personal
delivery or deposit in the U.S. Postal Service.
I. An employee who is placed on leave or
suspended under this section may, within ten
(10) calendar days after personal delivery or
mailing to the employee of the order, appeal
the order in writing through the Director of
Human Resources to the Merit Board.
Alternatively, the employee may file a written
election with the Director of Human Resources
waiving the employee's right to appeal to the
Merit Board in favor of appeal to a Disability
Review Arbitrator.
J. In the event of an appeal either to the Merit
Board or the Disability Review Arbitrator, the
employee has the burden of proof to show that
either:
1. the physical or mental health condition cited
by the appointing authority does not exist,
or
2. the physical or mental health condition
does exist, but it is not sufficient to prevent,
preclude, or impair the employee's
performance of duty, or is not sufficient to
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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 rehabilitation specialist, or
some other recognized specialist mutually
selected by the parties. The arbitrator shall
hear and review the evidence. The decision of
the Disability Review Arbitrator shall be binding
on both the County and the employee.
1. Scope of the Arbitrator's Review.
a. The arbitrator may affirm, modify
or revoke the leave of absence or
suspension.
b. The arbitrator may make his
decision based only on evidence
submitted by the County and the
employee.
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c. The arbitrator may order back
pay or paid sick leave credits for
any period of leave of absence or
suspension if the leave or
suspension is found not to be
sustainable, subject to the
employee's duty to mitigate
damages.
d. The arbitrator's fees and
expenses shall be paid one-half
by the County and one-half by
the employee or employee's
association.
14.5 Workers' Compensation.
A. State Labor Code 4850 Pay. Law enforcement
officers as defined in State Labor Code 4850
who are members of the Contra Costa County
Retirement System continue to receive full
salary benefits in lieu of temporary disability
during any absence from work which qualifies
for Workers' Compensation benefits.
Currently, the maximum 4850 pay is one (1)
year for any injury or illness. To be eligible for
this benefit the employee must be under the
care of a physician. All 4850 pay shall be
approved by the County Administrator's Office,
Risk Management Division.
B. Sick Leave and Vacation. Sick leave and
vacation shall accrue in accordance with the
provision of State Labor Code 4850.
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C. 4850 Pay Beyond One Year. If an injured
employee remains eligible for Workers'
Compensation temporary disability benefits
beyond one year, full salary will continue by
integrating sick leave and/or vacation accruals
with Workers' Compensation benefits (use of
vacation accruals must be approved by the
department and the employee). If salary
integration is no longer available because
accruals are exhausted, Workers'
Compensation benefits will be paid directly to
the employee as prescribed by Workers'
Compensation laws.
D. Rehabilitation Integration. An injured employee
who is eligible for Workers' Compensation
rehabilitation temporary disability benefits and
who has exhausted 4850 pay eligibility will
continue to receive full salary by integrating
sick leave and/or vacation accruals with
Workers' Compensation rehabilitation
temporary disability benefits. When these
accruals are exhausted, the rehabilitation
temporary disability benefits will be paid
directly to the employee as prescribed by
Workers' Compensation laws.
E. Health Insurance. The County contribution to
the employee's group insurance plan(s)
continues during the 4850 pay period and
during integration of sick leave or vacation with
Workers' Compensation benefits.
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F. Integration Formula. An employee's sick leave
and/or vacation charges shall be calculated as
follows: C = 8 [1 - (W : S)]
C = Sick leave or vacation charge per day (in hrs.)
W = Statutory Workers' Compensation for a month
S = Monthly salary
14.6 Workers' Compensation & Continuing Pay
for Non-Sworn Employees.
A. Waiting Period.
1. Employees who leave work as a result of an on
the job injury will have the balance of that day
charged to sick leave and/or vacation accruals.
This will be considered as the last day worked
for purposes of determining Workers’
Compensation benefits.
2. There is a three (3) calendar day waiting
period before Workers’ Compensation benefits
commence. If the injured worker loses any time
on the day of injury, that day counts as day
one (1) of the waiting period. If the injured
worker does not lose time on the day of injury,
the waiting period will be the first three (3)
calendar days the employee does not work as
a result of the injury. The time the employee is
scheduled to work during this waiting period
will be charged to the employee’s sick leave
and/or vacation accruals. In order to qualify for
Workers’ Compensation the employee must be
under the care of a physician. Temporary
compensation is payable on the first three (3)
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days of disability when the injury necessitates
hospitalization, or when the disability exceeds
fourteen (14) days.
B. Continuing Pay.
1. A permanent employee shall receive 88% of
regular monthly salary during any period of
compensable temporary disability absence not
to exceed one year. For accepted claims on or
after January 1, 1997, the percentage of pay
for employees entitled to Workers'
Compensation shall be decreased from 88% to
87%. For accepted claims on or after January
1, 2000, the percentage of pay for employees
entitled to Workers’ Compensation shall be
decreased from 87% to 86%. "Compensable
temporary disability absence" for the purpose
of this Section, is any absence due to work
connected disability which qualifies for
temporary disability compensation under
Workers' Compensation Law set forth in
Division 4 of the California Labor Code. When
any disability becomes medically permanent
and stationary, the salary provided by this
Section shall terminate. The employee shall
return to the County all temporary disability
payments received by him from any County
funded Workers’ Compensation or other
County wage replacement program. No charge
shall be made against sick leave or vacation
for these salary payments. Sick leave and
vacation rights shall not accrue for those
periods during which continuing pay is
received.
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The maximum period of continuing pay for any
one injury or illness shall be up to one (1) year
from the date of temporary disability.
If Workers' Compensation becomes taxable,
the County agrees to restore the benefit to
(100% of monthly salary).
2. Continuing pay begins at the same time that
temporary Workers' Compensation starts and
continues until the temporary disability ends, or
until one (1) year from the date of temporary
disability payments, 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, suspension or
any other action that determines the employee
is no longer employed by the County. In these
instances, employee 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.
3. Employees injured on or after the
implementation date of this provision for the
majority of County employees, shall receive
80% for twelve consecutive months from the
date of injury. Employees injured after twelve
consecutive from the implementation date,
shall receive 75% for twelve consecutive
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months from the date of injury. Employees
injured after 24 months from the initial
implementation date, shall receive 70% for
twelve consecutive months from date of injury.
C. Whenever an employee who has been injured
on the job and has returned to work is required
by an attending physician to leave work for
treatment during working hours the employee
shall be allowed time off up to three (3) hours
for such treatment without loss of pay or
benefits. 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 a job
connected injury.
D. Full Pay Beyond One Year. If an injured
employee remains eligible for temporary
disability beyond one (1) year, the employee's
applicable salary will continue by integrating
sick leave and/or vacation accruals with
Workers' Compensation benefits. If salary
integration is no longer available, Workers'
Compensation benefits will be paid directly to
the employee as prescribed by Workers'
Compensation laws.
E. Rehabilitation Integration. An injured employee
who is eligible for Workers' Compensation
Rehabilitation Temporary Disability benefits
and whose disability is medically permanent
and stationary will continue to receive his/her
applicable salary by integrating sick leave
and/or vacation accruals with Workers'
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Compensation Rehabilitation Temporary
Disability benefits until those accruals are
exhausted. Thereafter, the Rehabilitation
Temporary Disability benefits will be paid
directly to the employee.
F. Health Insurance. The County contribution to
the employee's group insurance plan(s)
continues during the continuing pay period and
during integration of sick leave or vacation with
Workers' Compensation benefits.
G. Method of Integration. An employee's sick
leave and/or vacation charges shall be
calculated as follows: C = 8 [1 - (W S)]
C = Sick leave or vacation charge per
day (in hours)
W = Statutory Workers'
Compensation for a month
S = Monthly salary
14.7 Labor-Management Committee.
On May 26, 1981 the Board of Supervisors
established a labor-management committee to
administer a rehabilitation program for disabled
County employees. It is understood that the benefits
specified above in this Section 14 shall be
coordinated with any disabled employee's
rehabilitation program.
14.8 Accrual During Leave Without Pay. No
employee who has been granted a leave without pay
shall accrue any sick leave credits during the time of
such leave nor shall an employee who is absent
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without pay accrue sick leave credits during the
absence. Exception: Employees on unpaid military
leave shall accrue sick leave credits.
SECTION 15 - LEAVE OF ABSENCE
15.1 Leave Without Pay. Any employee who has
permanent status in the classified service may be
granted a leave of absence without pay upon written
request, approved by the appointing authority;
provided, however, that leaves for pregnancy,
pregnancy disability, serious health conditions, and
family care shall be granted in accordance with
applicable state and federal law.
15.2 General Administration- Leaves of Absence.
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.
A. Leave without pay may be granted for up to
one (1) year for any of the following reasons:
1. Illness, disability, or serious health
condition;
2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will
increase the employee's usefulness on
return to the position;
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5. for other reasons or circumstances
acceptable to the appointing authority.
B. An employee should request a leave of
absence at least thirty (30) days before the
leave is to begin if the need for the leave is
foreseeable. If the need is not foreseeable,
the employee must provide written notice to
the employer within five (5) days of learning of
the event by which the need for a leave of
absence arises.
C. An appointing authority may extend such
leave for additional periods. The procedure in
granting extensions shall be the same as that
in granting the original leave, provided that the
request for extension must be made not later
than thirty (30) calendar days before the
expiration of the original leave.
15.3 Family Care or Medical Leave.
A. Definitions. For medical and family care
leaves of absence under Section 15, the
following definitions apply:
1. Child: A biological, adopted, or foster
child, stepchild, legal ward, conservatee,
or a child who is under eighteen (18)
years of age for whom an employee
stands in loco parentis or for whom the
employee is the guardian or
conservator, or an adult dependent child
of the employee.
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2. Parent: A biological, foster, or adoptive
parent, a stepparent, legal guardian,
conservator, or other person standing in
loco parentis to a child.
3. Spouse: A partner in marriage as
defined in Family Code Section 297.
4. Domestic Partner: As defined in Family
Code Section 297.
5. Serious Health Condition: An illness,
injury, impairment, or physical or mental
condition which involves either inpatient
care in a hospital, hospice or residential
health care facility or continuing
treatment or continuing supervision by a
health care provider (e.g. physician or
surgeon) and which, for family care
leave only, warrants the participation of
a family member to provide care during
a period of treatment or supervision, as
defined by state and federal law.
6. Certification for Family Care Leave: A
written communication to the employer
from a health care provider of a person
for whose care the leave is being taken
which need not identify the serious
health condition involved, but shall
contain:
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a. the date, if known, on which the
serious health condition
commenced;
b. the probable duration of the
condition;
c. an estimate of the amount of time
which the employee needs to
render care or supervision;
d. a statement that the serious
health condition warrants the
participation of a family member
to provide care during period of
treatment or supervision;
e. if for intermittent leave or a
reduced work schedule leave,
the certification should indicate
that the intermittent leave or
reduced work schedule leave is
necessary for the care of the
individual or will assist in their
recovery, and its expected
duration.
7. Certification for Medical Leave: A
written communication from a health
care provider of an employee with a
serious health condition or illness to the
employer, which need not identify the
serious health condition involved, but
shall contain:
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a. the date, if known, on which
the serious health condition
commenced;
b. the probable duration of the
condition;
c. a statement that the employee is
unable to perform the functions of
the employee's job;
d. if for intermittent leave or a
reduced work schedule leave, the
certification should indicate the
medical necessity for the
intermittent leave or reduced work
schedule leave and its expected
duration.
8. Comparable Positions: A position with
the same or similar duties and pay
which can be performed at the same or
similar geographic location as the
position held prior to the leave.
Ordinarily, the job assignment will be the
same duties in the same program area
located in the same city, although
specific clients, caseload, co-workers,
supervisor(s), or other staffing may have
changed during an employee's leave.
B. Section 15.2 notwithstanding, any employee who
has permanent status, been employed by the
County for at least twelve (12) months and who
has worked at least 1250 hours in the previous
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twelve (12) month period shall be granted upon
request to the appointing authority, a leave of
absence due to the employee’s serious health
condition or for family care leave (FMLA) for up to
twelve (12) weeks during a rolling twelve (12)
month period (measured backward from the date
an employee uses any FMLA leave) in
accordance with the following provisions:
EXAMPLE: An employee takes time away from
work due to the birth of their child in May. T he
leave period lasts twelve (12) weeks. In
November, they are scheduled for surgery. Their
leave request in November cannot be counted
towards FMLA because they have already utilized
their 12 week entitlement during their leave in
May.
1. medical leave of absence for the
employee's own serious health condition
which makes the employee unable to
perform the functions of the employee's
position; or
2. family care leave of absence without
pay for reason of the birth of a child of
the employee, the placement of a child
with an employee in connection with the
adoption or foster care of the child by
the employee, or the serious illness or
health condition of a child, parent,
spouse, or domestic partner of the
employee.
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The employee may be asked to provide
certification of the need for family care leave
or medical leave. Additional period(s) of
family care or medical leave may be granted
by the appointing authority.
Notwithstanding the above, the Sheriff may
in his/her sole discretion, on a case by case
basis, waive the 1250 hour requirement.
C. Intermittent Use of Leave. The twelve (12)
week entitlement may be in broken periods,
intermittently on a regular or irregular basis, or
may include reduced work schedules
depending on the specific circumstances and
situations surrounding the request for leave.
The twelve (12) weeks may include use of
appropriate available paid leave accruals when
accruals are used to maintain pay status, but
use of such accruals is not required beyond
that specified in Section 15.6.B below. When
paid leave accruals are used for a medical or
family care leave, such time shall be counted
as a part of the twelve (12) week entitlement.
D. Use for Spouse. In the situation where
husband and wife are both employed by the
County, the family care or medical leave
entitlement based on the birth, adoption or
foster care of a child is twelve (12) weeks
each during each calendar year period.
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15.4 Pregnancy Disability Leave. Insofar as
pregnancy disability leave is used under Section
14.2.D - Sick Leave Utilization for Pregnancy
Disability, that time will not be considered a part of the
twelve (12) week family care leave period.
15.5 Group Health Plan Coverage.
A. During Leave of Absence. Employees who
were members of one of the group health
plans prior to commencement of their leave of
absence can maintain their health plan
coverage with the County contribution by
maintaining their employment in pay status as
described in Section 15.6. In order to maintain
such coverage, employees are required to pay
timely the full employee contribution to
maintain their group health plan coverage,
either through payroll deduction or by paying
the County directly.
B. During Medical or Family Care Leave. During
the twelve (12) weeks of an approved medical
or family care leave under Section 15.3 above,
the County will continue its contribution for
such health plan coverage even if accruals are
not available for use to maintain pay status as
required under Section 15.6. In order to
maintain such coverage, employees are
required to pay timely the full employee
contribution to maintain their group health plan
coverage, either through payroll deduction or
by paying the County directly.
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15.6 Leave Without Pay - Use of Accruals.
A. Sick leave accruals may not be used during
any leave of absence, except as allowed
under Section 14 - Sick Leave.
15.7 Military Leave. Any employee who is
required to serve as a member of the State Militia or
the United States Army, Navy, Air Force, Marine
Corps, Coast Guard or any division thereof shall be
granted a military leave for the period of such service,
plus ninety (90) days. An employee who volunteers
for such service shall be granted a leave of absence if
necessary in accordance with applicable state or
federal laws. Upon the termination of such service or
upon honorable discharge, the employee shall be
entitled to return to his/her position in the classified
service provided such still exists and the employee is
otherwise qualified, without any loss of standing of
any kind whatsoever.
An employee who has been granted a military leave
shall not, by reason of such absence, suffer any loss
of vacation, holiday, or sick leave privileges which
may be accrued at the time of such leave, nor shall
the employee be prejudiced thereby with reference to
salary adjustments or continuation of employment.
For purposes of determining eligibility for salary
adjustments or seniority in case of layoff or
promotional examination, time on military leave shall
be considered as time in County service.
Any employee who has been granted a military leave,
may upon return, be required to furnish such
evidence of performance of military service or of
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honorable discharge as the Director of Human
Resources may deem necessary.
15.8 Return From Leave of Absence.
A. Early Return. Whenever an employee who has
been granted a leave without pay desires to
return before the expiration of such leave, the
employee shall submit a request to the
appointing authority in writing at least fifteen
(15) days in advance of the proposed early
return provided, however, that less notification
may be approved at the discretion of the
appointing authority or his/her designee. Early
return is subject to prior approval by the
appointing authority. The Human Resources
Department shall be notified promptly of such
return.
B. Leave of Absence Reinstatement.
Any permanent employee who requests
reinstatement to the classification held by the
employee in the same department at the time
the employee was granted a leave of absence,
shall be reinstated to a position in that
classification and department and then only on
the basis of seniority.
C. Leave of Absence Replacement. In case of
severance from service or displacement by
reason of the reinstatement of a permanent
employee returning from a leave of absence,
the provisions of Section 11 - Seniority,
Workforce Reduction, Layoff, &
Reassignment Seniority shall apply.
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D. Reinstatement From Family Care or Medical
Leave of Absence. In the case of a family
care or medical leave, an employee on a 5 /40
schedule shall be reinstated to the same or
comparable position if the return to work is
after no more than ninety (90) work days of
leave from the initial date of a continuous
leave, including use of accruals, or within the
equivalent on an alternate work schedule. A
full time employee taking an intermittent or
reduced work schedule leave shall be
reinstated to the same or comparable position
if the return to work on a full schedule is after
no more than 720 hours, including use of
accruals, of intermittent or reduced work
schedule leave.
At the time the original leave is approved, the
appointing authority shall notify the employee
in writing of the final date to return to work, or
the maximum number of hours of leave, in
order to guarantee reinstatement to the same
or comparable position. An employee on a
schedule other than 5/40 shall have the time
frame for reinstatement to the same or
comparable position adjusted on a pro rata
basis.
E. Shift Bidding. An employee who is on a leave
of absence more than thirty (30) days, or
scheduled to be on a leave of absence of
more than thirty (30) days at the time of a
quarterly sign-up, shall not be allowed to bid
on a shift. Upon return, the employee shall be
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placed in an available shift, at the County’s
discretion.
15.9 Appeal of Denial. The decision of the
appointing authority on granting or denying
leave or early return from leave shall be
subject to appeal to the Director of Human
Resources and not subject to appeal through
the grievance procedure set forth in this
MOU.
15.10 Salary Review While on Leave of Absence .
The salary of an employee who is on leave of
absence from a County position on any
anniversary date and who has not been absent
from the position on leave without pay more
than six (6) months during the preceding year
shall receive salary increments that may
accrue to them during the period of military
leave.
15.11 Unauthorized Absence. An unauthorized
absence from the work site or failure to report
for duty after a leave request has been
disapproved, revoked, or cancelled by the
appointing authority, or at the expiration of a
leave shall be without pay. Such absence may
also be grounds for disciplinary action.
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SECTION 16 - JURY DUTY AND WITNESS DUTY
16.1 Jury Duty. For purposes of this Section, jury
duty shall be defined as any time an employee is
obligated to report to the court.
When called for jury duty, County employees, like
other citizens, are expected to discharge their jury
duty responsibilities.
Employees shall advise their department as soon as
possible if scheduled to appear for jury duty.
If summoned for jury duty in a Municipal, Superior, or
Federal Court, or a Coroners jury, employees may
remain in their regular County pay status, or they may
take paid leave (vacation, floating holiday, etc.) or
leave without pay and retain all fees and expenses
paid to them.
When an employee is summoned for jury duty
selection or is selected as a juror in a Municipal,
Superior or Federal Court, employees may remain in
a regular pay status if they waive all fees (other than
mileage), regardless of shift assignment and the
following shall apply:
a. If an employee elects to remain in a regular
pay status and waive or surrender all fees
(other than mileage), the employe e 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
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certificate to his department where it will be
retained as a department record. No
Absence/Overtime Record is required.
b. An employee who elects to retain all fees must
take leave (vacation, floating holiday, etc.) or
leave without pay. No court certificate is
required but an Absence/Overtime Record
must be submitted to the department payroll
clerk.
Employees are not permitted to engage in any
employment regardless of shift assignment or
occupation before or after daily jury service that would
affect their ability to properly serve as jurors.
An employee on short notice standby to report to
court, whose job duties make short notice response
impossible or impractical, shall be given alternate
work assignments for those days to enable them to
respond to the court on short notice.
When an employee is required to serve on jury duty,
the County will adjust that employee's work schedule
to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee
requests otherwise. Participants in 9/80 or 4/10 work
schedules will not receive overtime or compensatory
time credit for jury duty on their scheduled days off.
Permanent-intermittent employees are entitled to paid
jury duty leave only for those days on which they were
previously scheduled to work.
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16.2 Witness Duty. Employees called upon as a
witness or an expert witness in a case arising in the
course of their work or the work of another
department may remain in their regular pay status
and turn over to the County all fees and expenses
paid to them other than mileage allowance or they
may take vacation leave or leave without pay and
retain all fees and expenses.
Employees called to serve as witnesses in private
cases or personal matters (e.g., accident suits and
family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the
same provisions as apply to jury duty as set forth in
Section 16 of this MOU.
Employees shall advise their department as soon as
possible if scheduled to appear for witness duty.
Permanent intermittent employees are entitled to paid
witness duty only for those days on which they were
previously scheduled to work.
SECTION 17 - HEALTH, LIFE AND DENTAL CARE
17.1 Health Plan. The County will provide group
health benefits through the California Public
Employees’ Retirement System (CalPERS) for all
permanent full-time employees, and permanent part-
time employees regularly scheduled to work at least
twenty (20) hours per week in classes represented by
DSA. The CalPERS health care program, as
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regulated by the Public Employees’ Medical and
Hospital Care Act (PEMHCA), regulations issued
pursuant to PEMHCA, and the administration of
PEMHCA by CalPERS, controls on all health plan
issues for employees who receive health care
coverage from CalPERS, including, but not limited to,
eligibility, benefit plans, benefit levels, minimum
premium subsidies, and costs.
17.2 Contra Costa Health Plan (CCHP). Because
CCHP has met the minimum standards required
under PEMHCA and is approved as an alt ernative
CalPERS plan option, DSA members and COBRA
counterparts may elect to enroll in CCHP under the
CalPERS plan rules and regulations.
17.3 CalPERS Health Plan Monthly Premium
Subsidy. The County’s subsidy to the CalPERS
monthly health plan premiums is as provided below.
The employee must pay any CalPERS health plan
premium costs that are greater than the County’s
subsidy identified in Section 17.3(A).
A. County Premium Subsidy On and After
January 1, 2012. Beginning on January 1,
2012, the amount of the County premium
subsidy that is paid for employees and eligible
family members will be as follows:
1. Health Plans
Employee/Retiree/Survivor Only
$ 528.18
Employee/Retiree/Survivor
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& One Dependent
$1,056.36
Employee/Retiree/Survivor &
Two or more Dependents
$1,373.27
B. County Premium Subsidy On and After
January 1, 2013. Beginning on January 1,
2013, the County will pay the monthly premium
subsidy amounts for employees and eligible
family members that are stated in section A (1)
above. In addition, if there is an increase in the
Kaiser Bay Area premium for calendar year
2013, the County will pay seventy-five percent
(75%) of that increase, and the employees will
pay twenty-five percent (25%) of that increase.
C. County Premium Subsidy On and After
January 1, 2014. For the plan year that
begins on January 1, 2014, the County will pay
a monthly premium subsidy for each health
plan that is equal to the actual dollar monthly
premium subsidy that is paid by the County as
of November 30, 2013. In addition, if there is
an increase in the monthly premium charged
by a health plan for 2014, the County and the
employee will each pay fifty percent (50%) of
that increase. For each calendar year
thereafter, the County and the e mployee will
each pay fifty percent (50%) of the monthly
premium increase above the 2013 plan
premium.
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D. Effective January 1, 2014, in the first
calendar year that a new health plan is
offered, the County monthly premium
subsidy will be equal to the corresponding
Kaiser monthly premium in the CalPERS
region for that health plan. For each
calendar year thereafter, the County and the
employee will each pay fifty percent (50%)
of the monthly premium increase that is
above the plan premium for the first year of
the new plan.
E. In the event, in whole or in part, that the
above County premium subsidy amounts
are greater than one hundred percent
(100%) of the applicable premium of any
plan, for any plan year, the County’s
contribution will not exceed one hundred
percent (100%) of the applicable plan
premium.
17.4 Dental Plan. The County may, during the term
of this MOU, change dental care providers, so long as
the level of benefits provided is not reduced.
17.5 Dental Plan Contribution.
The County’s contribution to the monthly dental plan
premiums shall be as provided below. These
contributions are provided only for permanent full-time
and permanent part-time employees regularly
scheduled to work at least twenty (20) hours per
week. Permanent-intermittent, provisional and
permanent part-time employees working less than
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twenty (20) hour per week may enroll in a dental plan
but are not entitled to the County’s contribution. Any
increases in dental plan costs greater than the
County’s contributions identified below during the
duration of this M.O.U. shall be borne by the
employee:
a. Delta, and PMI Delta Care: County will
contribute seventy-seven percent (77%) toward
the monthly dental premium. Beginning on
January 1, 2014, the County will pay a monthly
dental premium subsidy for each dental plan
that is equal to the actual dollar monthly
premium subsidy that is paid by the County for
2013. If there is an increase in the premium
charged by a dental plan for 2014, the County
and the employee will each pay fifty percent
(50%) of the increase. For each calendar year
thereafter, the County and the employee will
each pay fifty percent (50%) of the premium
increase that is above the 2013 plan premium.
b. Dental Only: Employees who elect dental
coverage as stated above without health
coverage will pay one cent ($.01) per month for
such coverage. Beginning on January 1, 2014,
the County will pay a monthly dental premium
subsidy for each dental plan that is equal to the
actual dollar monthly premium subsidy tha t is
paid by the County for 2013. If there is an
increase in the premium charged by a dental
plan for 2014, the County and the employee
will each pay fifty percent (50%) of the
increase. For each calendar year thereafter,
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the County and the employee will each pay fifty
percent (50%) of the premium increase that is
above the 2013 plan premium.
17.6 Orthodontia Coverage. The County will
continue to offer Orthodontia coverage to all
permanent employees in classes represented by the
DSA who participate in a County dental plan. The
cost for orthodontia coverage is borne 100% by each
enrolled employee. Premium payments are made by
payroll deduction or direct pay, as applicable.
17.7 Rate Information. The County Benefits
Service Unit will make dental plan rate information
and, to the extent possible, CalPERS health plan rate
information available to employees and departments
upon request. In addition, the County Benefits Service
Unit will publish and distribute to employees and
departments information about rate changes as they
occur during the year.
17.8 Life Insurance Benefit Under Health and
Dental Plans. For permanent employees who are
enrolled in a County sponsored health or dental plan
as either the primary insured or a dependent, term life
insurance in the amount of ten thousand dollars
($10,000) will be provided by the County.
17.9 Life Insurance Contribution. The County will
pay the entire premium on behalf of permanent full -
time and permanent part-time employees regularly
scheduled to work at least twenty (20) hours per week
who elect health and/or dental coverage. Permanent -
intermittent, provisional and permanent part-time
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employees working less than twenty (20) hours per
week may participate in the Life Insurance Plan at
their full personal expense, which shall not exceed
the County’s cost, provided they elect health and/or
dental coverage.
17.10 Premium Payments. Employee participation
in any health, dental, or life insurance plan is
contingent upon the employee authorizing payroll
deduction by the County of the employee’s share of
the premium cost. The County's contribution to health
plan and dental plan monthly premiums are payable
as follows:
A. CalPERS Plan (Includes Alternate CCHP
Plan). The County's contribution to the health
plan premium is payable one (1) month in
advance. If an employee’s compensation in
any month is not sufficient to pay the
employee share of the premium, the
employee must make up the difference by
remitting the amount delinquent to the
Auditor-Controller. The responsibility for this
payment rests solely with the employee.
B. Dental and Life Insurance Plans. The
County's contribution to the dental and life
insurance premium (as described in Sections
17.5 and 17.9) is payable monthly. If an
employee’s compensation in any month is
not sufficient to pay the employee share of
the premium, the employee must make up
the difference by remitting the amount
delinquent to the Auditor-Controller. The
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responsibility for this payment rests solely
with the employee.
17.11 Extended Coverage. An employee on
approved leave without pay shall be allowed to
continue his/her health/dental/life insurance coverage
provided that the employee shall pay their share of
the monthly premium by the tenth day of each month,
during said leave.
An employee who terminates County employment is
covered through the last day of the month in which
he/she is paid for County dental plans and through
the last day of the month following the month of
termination for CalPERS plans. Employees who
terminate County employment may continue Group
Health/Dental plan coverage to the extent provided
under the COBRA regulations.
17.12 Retirement Coverage. Upon retirement,
employees may, subject to plan requirements, remain
in the same County group medical plan if immediately
before their retirement they are currently enrolled in
one of the County sponsored CalPERS Health Plans
or if on authorized leave of absence without pay, they
have retained continuous coverage during the leave
period.
1. Government Code section 22892 applies to all
employees who were hired on or before
January 1, 2007, and to all employees who are
hired on or after October 1, 2011.
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2. For employees hired between January 2, 2007
and September 30, 2011, inclusive,
Government Code section 22892 does no t
apply, and the following provisions apply
instead:
a. As soon as practical the County will
modify its agreement with the CalPERS
Health Benefit Program to incorporate
the provisions of Government Code
Section 22893 for employees who are
hired on or after January 2, 2007, but
before October 1, 2011.
b. Government Code Section 22893.
Notwithstanding Section 22892, the
percentage of employer contribution
payable for post retirement health
benefits for any employee of a
contracting agency subject to this
section shall, except as provided in
Government Code Section 22893,
subdivision (b), be based on the
member’s completed years of credited
county service at retirement as shown in
the following table:
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Credited Years
of Service
Percentage
of Employer
Contribution
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
The employee’s contribution shall be adjusted
each year in accordance with Government Code
Section 22893.
The County will provide medical premium
payments for employees who retire from the
County in accordance with Government Code
Section 22893.
17.13 Dual Coverage.
A. CalPERS Health Plan. Employees must
adhere to the rules as established by
CalPERS.
B. On and after January 1, 2012, each employee
and retiree may be covered by only a single
County health and/or a single County dental
plan. For example, a County employee may
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be covered under a single County health 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.
C. On and after January 1, 2012, each
dependent may be covered by the health
and/or dental plan of only one spouse or one
domestic partner. For example, when both
husband and wife are County employees, all
of their eligible children may be covered as
dependents of either the husband or the wife,
but not both.
D. For purposes of this section 17.13 - Dual
Coverage, "County" includes the County of
Contra Costa and all Board of Supervisors
governed special districts, such as the Contra
Costa County Fire Protection District.
17.14 Employee Assistance Program. Any County
contract which provides an employee assistance
program applicable to DSA represented employees ,
including the present contract with Occupational
Health Services, shall include the following language:
"Records, including any information whether recorded
or not, pertaining to the identity, diagnosis or
treatment of any employee or the employee's family
dependent(s) which are maintained in connection with
the performance of this contract shall be confidential,
even as to the employer, and disclosed only under
the following circumstances:
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A. When disclosure is authorized with the written
and signed consent of the employee or the
family dependent(s). Such consent must state:
1. the name of the person or
organization to whom disclosure is to
be made;
2. the specific type of information to be
disclosed;
3. the purpose or need for such
disclosure.
B. When an employee's records are subpoenaed
and are not otherwise protected by
professional privileged relationships, contractor
will notify the employee whose records are
subpoenaed immediately by phone, if possible,
and in any event in writing as soon as possible.
Written communication shall inform the
employee of his/her access to DSA for aid if
he/she so desires. Contractor will cooperate
with employee and/or his legal representative
in asserting confidentiality. Subpoenaed
records will only be turned over after a court
order. The employer bears no responsibility
under this paragraph.
C. Contractor agrees to operate a system of
records on individuals in accordance with all
State and Federal laws pertaining to the
confidentiality of alcohol, drug, and mental
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health records and the Federal Privacy Act of
1974.
D. The Association is a third-party beneficiary.”
17.15 Health Care Spending Account. The County
will continue to offer regular full-time and part-time
(20/40 or greater) County employees the option to
participate in a Health Care Spending Account
(HCSA) Program designed to qualify for tax savings
under Section 125 of the Internal Revenue Code, but
such savings are not guaranteed. The HCSA
Program allows employees to set aside a pre-
determined amount of money from their paycheck for
health care expenses not reimbursed by any other
health benefits plan with before-tax dollars. HCSA
dollars can be expended on any eligible medical
expenses allowed by Internal Revenue Code Section
125. Any unused balance is forfeited and cannot be
recovered by the employee.
17.16 Dependent Care Assistance Program. The
County will continue to offer 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 tax savings are not
guaranteed. The program allows employees to set
aside up to five thousand dollars ($5,000) of annual
salary (before taxes) per calendar year to pay for
eligible dependent care (child and elder care)
expenses. Any unused balance is forfeited and
cannot be recovered by the employee.
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17.17 Premium Conversion Plan. The County will
continue to offer the option of enrolling in the
Premium Conversion Plan (PCP) designed to qualify
for tax savings under Section 125 of the In ternal
Revenue Code, but tax savings are not guaranteed.
The program allows employees to use pre-tax dollars
to pay health and dental premiums.
17.18 VDT Program. The County agrees to provide
to all non-sworn employees an annual eye
examination on County time at County expense
provided that the employee regularly uses a video
display terminal at least an average of two (2) hours
per day as certified by their department. Employees
certified for examination under this program must
process their request through the Employee Benefits
Division of the Human Resources Department.
Should prescription VDT eyeglasses be prescribed for
the employee following the examination, the County
agrees to provide, at no cost, the basic coverage
which includes a fifty dollar ($50) frame and single
vision lenses. Employees may, through individual
arrangement between the employee and their doctor
and solely at the employee’s expense, include bifocal,
trifocal or blended lenses and other care, services or
materials not covered by the Plan. The basic plan
coverage, including the examination, may be credited
toward the employee-enhanced benefit.
17.19 Prevailing Section. To the extent that any
provision of this Section (Section 17 – Health, Life
and Dental Care) is inconsistent with any provision of
any other County enactment or policy, including but
not limited to Administrative Bulletins, the Salary
SECTION 18 - PROBATIONARY PERIOD
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Regulations, the Personnel Management
Regulations, or any other resolution or order of the
Board of Supervisors, the provision(s) of this Section
(Section 17 – Health, Life and Dental Care) will
prevail.
SECTION 18 - PROBATIONARY PERIOD
18.1 Length of Probation. Effective January 1,
1990, upon initial appointment all employees , except
those in the classifications listed below, will serve a
one (1) year probationary period in classifications
represented by the DSA
A. Deputy Sheriff Criminalist I (6DWA) will serve
an eighteen (18) month probationary period.
B. Effective January 1, 2014, employees
promoted into the classification of Sheriff’s
Dispatcher II (64WM) will serve a six (6) month
probationary period.
18.2 Revised Probationary Period. When the
probationary period for a class is changed, only new
appointees to positions in the classification shall be
subject to the revised probationary period.
18.3 Criteria. The probationary period shall
commence from the date of appointment. It shall not
include time served in provisional or temporary
appointments or any period of continuous absence or
temporary modified duty assignment exceeding
fifteen (15) calendar days, except as otherwise
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provided in the Personnel Management Regulations
or by law.
For those employees appointed to permanent-
intermittent positions with a six (6) months probation
period, probation will be considered completed upon
serving one thousand (1,000) hours after appointment
except that in no instance will this period be less than
six (6) calendar months from the beginning of
probation. If a permanent-intermittent probationary
employee is reassigned to full-time, credit toward
probation completion in the full-time position shall be
prorated on the basis of one hundred seventy -three
(173) hours per month.
18.4 Rejection During Probation. An employee
who is rejected during the probation period and
restored to the eligible list shall begin a new
probationary period if subsequently certified and
appointed.
A. Appeal from Rejection. Notwithstanding any
other provisions of this section, an employee
(Probationer) shall have the right to appeal
from any rejection during the probationary
period based on political or religious affiliations
or opinions, association activities, or race,
color, national origin, sex, age, disability or
sexual orientation.
B. The appeal must be written, must be signed by
the employee and set forth the gro unds and
facts by which it is claimed that grounds for
appeal exist under subsection A and must be
filed through the Director of Human Resources
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to the Merit Board by 5:00 p.m. on the 7th
calendar day after the date of delivery to the
employee of notice of rejection.
C. The Merit Board shall consider the appeal,
and if it finds probable cause to believe that
the rejection may have been based on
grounds prohibited in subsection A, it may
refer the matter to a Hearing Officer for
hearing, recommended findings of fact,
conclusions of law and decision, pursuant to
the relevant provisions of the Merit Board
rules in which proceedings the rejected
probationer has the burden of proof.
D. If the Merit Board finds no probable cause for
a hearing, it shall deny the appeal. If, after
hearing, the Merit Board upholds the appeal, it
shall direct that the appellant be reinstated in
the position and the appellant shall begin a
new probationary period unless the Merit
Board specifically reinstates the former
period.
18.5 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
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MOU, without notice and without right of appeal or
hearing. If the appointing authority has not returned
the probation report, or the appointing authority fails
to submit in a timely manner the proper written
documents certifying that a probationary employee
has served in a satisfactory manner and later
acknowledges it was his or her intention to do so, the
regular appointment shall begin on the day following
the end of the probationary period.
Notwithstanding any other provisions of the MOU, an
employee rejected during the probation period from a
position in the Merit System to which the employee
had been promoted or transferred from an eligible list,
shall be restored to a position in the department from
which the employee was promoted or transferred.
An employee dismissed for other than disciplinary
reasons within six (6) months after being promoted or
transferred from a position in the Merit System to a
position not included in the Merit System shall be
restored to a position in the classification in the
department from which the employee was promoted
or transferred.
A probationary employee who has been rejected or
has resigned during probation shall not be restored to
the eligible list from which the employee was certified
unless the employee receives the affirmative
recommendation from the appointing authority and is
certified by the Director of Human Resources whose
decision is final. The Director of Human Resources
shall not certify the name of a person restored to the
eligible list to the same appointing authority by whom
the person was rejected from the same eligible list,
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unless such certification is requested in writing by the
appointing authority.
18.6 Layoff During Probation. An employee who
is laid off during probation, if reemployed in the same
class by the same department, shall be required to
complete only the balance of the required probation.
If reemployed in another department or in another
classification, the employee shall serve a full
probationary period. An employee appointed to a
permanent position from a layoff or reemployment list
is subject to a probation period if the position is in a
department other than the department from which the
employee separated, displaced, or voluntarily
demoted in lieu of layoff. An appointment from a
layoff or reemployment list is not subject to a
probation period if the position is in the department
from which the employee separated, displaced or
voluntarily demoted in lieu of layoff.
18.7 Rejection During Probation of Laid Off
Employee. An employee who has achieved
permanent status in the class before layoff and who
subsequently is appointed from the layoff list shall
begin a new probationary period if subsequently
certified and appointed in a different department or
classification than that from which the employee was
laid off. If the employee is rejected during the
probation period, the employee shall be automatically
restored to the layoff list, unless discharged for
cause, if the rejection occurs within the employee's
period of layoff eligibility.
SECTION 19- SHIFT DIFFERENTIAL/OTHER
TERMS & CONDITIONS OF EMPLOYMENT
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18.8 Probationary Deputy Sheriffs into
Investigation Division. Probationary Deputy Sheriffs
may be temporarily assigned to the Investigation
Division. The assignment will not interfere with the
officer successfully completing both the Facility
Training Program in the Detention Division and the
Field Training Program in the Patrol Division within
the probationary period. The assignment will be
limited to a specific project or detail. The period of
assignment in the Investigation Division will not be
credited as a Detention assignment.
SECTION 19- SHIFT DIFFERENTIAL/OTHER
TERMS & CONDITIONS OF EMPLOYMENT
19.1 Shift Differential. Permanent full-time and
permanent part-time employees in the following
classifications may receive a shift differential of five
percent (5%) of base rate of pay for the employee’s
entire scheduled shift when the employee is
scheduled to work for four (4) or more hours between
5:00 p.m. and 9:00 a.m .:
Fingerprint Examiner I (64WH)
Fingerprint Examiner II (64VG)
Fingerprint Technician I (64WJ)
Fingerprint Technician II (64VH)
Supervising Fingerprint Examiner (64HB)
Supervising Fingerprint Technician (64HC)
Sheriff's Aide (64VF)
Sheriff's Specialist (64VE).
SECTION 19- SHIFT DIFFERENTIAL/OTHER
TERMS & CONDITIONS OF EMPLOYMENT
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In order to receive the shift differential, the employee
must start work between the hours of midnight and
5:00 a.m. or between 11:00 a.m. and midnight on the
day the shift is scheduled to begin. Hours worked in
excess of the employee’s scheduled workday will
count towards qualifying for the shift differential, but
the employee will not be paid the shift differential on
any excess hours worked.
A. Evening Watch Shift Differential
The Evening Watch is defined as time worked
between 1600 hours and 0000 hours.
Permanent full-time and permanent part-time
employees in the classifications of Supervising
Dispatcher (64HD), Dispatcher I (64WK), and
Dispatcher II (64WM) may receive an Evening
Watch Shift Differential of five percent (5%) of
base rate of pay for the employee’s entire
scheduled shift when the employee works four
(4) or more hours between 1600 and 0000
hours.
B. Morning Watch Shift Differential
The Morning Watch is defined as time worked
between the hours of 0000 hours and 0800
hours. Permanent full-time and permanent
part-time employees in the classifications of
Supervising Dispatcher (64HD), Dispatcher I
(64WK), and Dispatcher II (64WM) may
receive a Morning Watch Shift Differential of
three percent (3%) of base rate of pay for the
SECTION 19- SHIFT DIFFERENTIAL/OTHER
TERMS & CONDITIONS OF EMPLOYMENT
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employee’s entire scheduled shift when the
employee works four (4) or more hours
between the hours of 0000 and 0800.
C. Hours worked in excess of the employee’s
scheduled workday will count toward qualifying
for the Morning Watch Shift Differential or the
Evening Watch Shift Differential, but the
employee will not be paid the differential on
any excess hours worked.
D. Permanent full-time and permanent part-time
employees who commence a vacation, paid
sick leave period, paid disability or other paid
leave, immediately after working a shift th at
qualifies for the Shift Differential, Morning
Watch Shift Differential or Evening Watch Shift
Differential, will have the differential included in
computing the pay for their time on paid leave.
Employees on a rotating shift schedule who
commence a vacation, paid sick leave, paid
disability, or other paid leave will be paid the
differential that they would have received had
the employees worked the scheduled shift
during the period of paid leave. The
differential will only be paid during paid sick
leave and paid disability as provided above, for
the first thirty (30) calendar days of each
absence
SECTION 20 - PROMOTION
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E. Relief shifts will qualify according to the base
shift assigned. The relief shift employee will not
lose or gain any benefit should they be
assigned to provide relief on any other shift.
F. A Trainee’s base shift is Day Watch and does
not qualify for this differential. Trainees may
qualify for the differentials described above on
the first (1st) of the month following their
release from the Training Program.
The provisions detailed above do not in any way
affect or reduce the rights reserved by the Sheriff,
including those outlined in Section 10- Work
Scheduling, of the MOU.
SECTION 20 - PROMOTION
20.1 Competitive Exam. Promotion shall be by
competitive examination unless otherwise provided in
this MOU.
20.2 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.
20.3 Certification Rules. Beginning with
promotions made after ratification of this MOU
(commencing 1989) the rule of ten (10) will be utilized
for Sergeants Promotional List. The rule of five (5) will
be utilized for the Supervising Dispatcher list.
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20.4 Open Exam. If an examination for one of the
classes represented by the Association is proposed to
be announced on an Open only basis the Director of
Human Resources shall give five (5) days prior notice
of such proposed announcement and shall meet at
the request of the Association to discuss the reasons
for such open announcement.
20.5 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 posit ion
reclassified at the request of the appointing authority
and under the following conditions:
a. An evaluation of the position(s) in question
must show that the duties and responsibilities
have significantly increased and constitute a
higher level of work.
b. The incumbent of the position must have
performed at the higher level for one (1) year.
c. The incumbent must meet the minimum
education and experience requirements for the
higher class.
d. The action must have approval of the Director
of Human Resources.
e. The Association approves such action.
The appropriate rules regarding probationary status
and salary on promotion are applicable.
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20.6 Requirements for Promotional Standing. In
order to qualify for an examination called on a
promotional basis, an employee must have
probationary or permanent status in the merit system
and must possess the minimum qualifications for the
class. Applicants will be admitted to promotional
examinations only if the requirements are met on or
before the final filing date. If an employee who is
qualified on a promotional employment list is
separated from the merit system, except by layoff, the
employee's name shall be removed from the
promotional list.
20.7 Seniority Credits. Employees who have
qualified to take promotional examinations and who
have earned a total score, not including seniority
credits, of seventy percent (70%) or more, shall
receive, in addition to all other credits, five one-
hundredths of one percent (.05%) for each completed
month of service as a permanent County employee
continuously preceding the final date for filing
application for said examination. For purposes of
seniority credits, leaves of absence shall be
considered as service. Seniority credits shall be
included in the final percentage sco re 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.
20.8 Physical Examination. County employees
who are required as part of the promotional
examination process to take a physical examination ,
shall do so on County time at County expense.
SECTION 21 - TRANSFER
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SECTION 21 - TRANSFER
21.1 Criteria. The following conditions are required
in order to qualify for transfer:
a. The position shall be in the same class, or if in
a different class shall have been determined
by the Director of Human Resources to be
appropriate for transfer on the basis of
minimum qualifications and qualifying
procedure;
b. the employee shall have permanent status in
the merit system and shall be in good
standing;
c. the appointing authority or authorities involved
in the transaction shall have indicated their
agreement in writing;
d. the employee concerned shall have indicated
agreement to the change in writing;
e. the Director of Human Resources shall have
approved the change.
Notwithstanding the foregoing, transfer may also be
accomplished through the regular appointment
procedure provided that the individual desiring
transfer has eligibility on a list for a class for which
appointment is being considered.
21.2 Procedure. Any employee or appointing
authority who desires to initiate a transfer may inform
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the Director of Human Resources in writing of such
desire stating the reasons therefore. The Director of
Human Resources shall, if he considers that the
reasons are adequate and that the transfer will be for
the good of the County service and the parties
involved, inform the appointing authority or authorities
concerned and the employee of the proposal and
may take the initiative in accomplishing the transfer.
SECTION 22 - RESIGNATIONS
An employee's voluntary termination of service is a
resignation. Written resignations shall be forwarded to
the Human Resources Department by the appointing
authority immediately on receipt, and shall indicate
the effective date of termination. Oral resignation
shall be immediately confirmed by the appointing
authority in writing to the employee and to the Human
Resources Department and shall indicate the
effective date of termination.
22.1 Resignation in Good Standing. A resignation
giving the appointing authority written notice at least
two (2) weeks in advance of the last date of service
(unless the appointing authority requires a longer
period of notice, or consents to the emp loyee's
terminating on shorter notice) is a resignation in good
standing.
22.2 Constructive Resignation. A constructive
resignation occurs and is effective when:
a. An employee has been absent from duty for
five (5) consecutive working days without
leave, and;
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b. Five (5) more consecutive work days have
elapsed without response by the employee
after the mailing of a notice of resignation by
the appointing authority to the employee at the
employee's last known address.
22.3 Effective Resignation. A resignation is
effective when delivered or spoken to the appointing
authority, operative either on that date or another
date specified.
22.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the
employee and the appointing authority.
22.5 Coerced Resignations.
A. Time Limit. A resignation which the employee
believes has been coerced by the appointing
authority may be revoked within seven (7)
calendar days after its expression, by serving
written notice on the Director of Human
Resources and a copy on the appointing
authority.
B. Reinstatement. If the appointing authority
acknowledges that the employee could have
believed that the resignation was coerced, it
shall be revoked and the employee returned to
duty effective on the day following the
appointing authority's acknowledgment without
loss of seniority or pay.
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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 24 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 23 - DISMISSAL, SUSPENSION &
DEMOTION
23.1 Cause for Disciplinary Action.
The appointing authority may dismiss, suspend,
demote, or reduce within class, any employee for
cause. The following are sufficient causes for such
action; the list is indicative rather than inclusive of
restrictions and dismissal, suspension, reduction or
demotion may be based on reasons other than those
specifically mentioned:
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DEMOTION
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a. absence without leave,
b. conviction of any criminal act involving moral
turpitude,
c. conduct tending to bring the merit system
and/or Office of the Sheriff -Coroner into
disrepute,
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
g. being at work under the influence of liquor or
drugs, carrying onto the premises liquor or
drugs or consuming or using liquor or drugs
during work hours and/or on County premises,
h. neglect of duty, (i.e. non-performance of
assigned responsibilities),
i. negligent or willful damage to public property or
waste of public supplies or equipment,
j. violation of any lawful or reasonable regulation
or order given by a supervisor or department
head,
k. willful violation of any of the provisions of the
merit system ordinance or Personnel
Management Regulations,
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DEMOTION
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l. material and intentional misrepresentation or
concealment of any fact in connection 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 sexual advances, requests for
sexual favors, and other verbal, or physical
conduct of a sexual nature, when such conduct
has the purpose or effect of affecting
employment decisions concerning an
individual, or unreasonably interfering with an
individual's work performance, or creating an
intimidating and hostile working environment.
23.2 Skelly Requirements - Notice of Proposed
Action (Skelly Notice). Before taking a disciplinary
action to dismiss, suspend for more than five (5) work
days (four (4) work days for employees on 4-10 work
week; three (3) work days for employees on a 3-12
work week), demote or reduce within class an
employee, the appointing authority shall cause to be
served personally or by certified mail, on the
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DEMOTION
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employee, a Notice of Proposed Action, which shall
contain the following:
a. A statement of the action proposed to be
taken.
b. A copy of the charges; including the acts or
omissions and grounds upon which the action
is based.
c. If it is claimed that the employee has violated a
rule or regulation of the County, department or
district, a copy of said rule shall be included
with the notice.
d. A statement that the employee may review and
request copies of materials upon which the
proposed action is based.
e. A statement that the employee has seven (7)
calendar days to respond to the appointing
authority either orally or in writing.
23.3 Employee Response. The employee upon
whom a Notice of Proposed Action has been served
shall have seven (7) calendar days to respond to the
appointing authority either orally or in writing before
the proposed action may be taken. Upon request of
the employee and for good cause, the appointing
authority may extend in writing the period to respond.
If the employee's response is not filed within seven
(7) days or during any extension, the right to respond
is lost.
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DEMOTION
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23.4 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.
23.5 Length of Suspension. Suspensions without
pay shall not exceed thirty (30) days unless ordered
by an arbitrator, an adjustment board or the Merit
Board.
23.6 Procedure on Dismissal, Suspension or
Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend,
or demote an employee having permanent
status in a position in the merit system after
having complied with the Skelly requirements
where applicable, the appointing authority shall
make an order in writing stating specifically the
causes for the action.
B. Service of Order. Said order of dismissal,
suspension, 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 or
demoted, either personally or by certified mail
to the employee's last known mailing address.
The order shall be effective eithe r upon
personal service or deposit in the U.S. Postal
Service.
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C. Employee Appeals from Order. The employee
may appeal an order of dismissal, suspension
or demotion either to the Merit Board or
through the procedures of Section 24 -
Grievance Procedure of this MOU provided
that such appeal is filed in writing with the
Director of Human Resources within ten (10)
calendar days after service of said order. An
employee may not both appeal to the Merit
Board and file a grievance under Section 24 of
this MOU.
SECTION 24 - GRIEVANCE PROCEDURE
24.1 Definition. A grievance is any dispute which
involves the interpretation or application of any
provision of this MOU excluding, however, those
provisions of this MOU which specifically provide that
the decision of any County official shall be final, the
interpretation or application of those provisions not
being subject to the grievance procedure. The
Association may represent the employee at any stage
of the process. Grievances must be filed within thirty
(30) days of the incident or occurrence about which
the employee claims to have a grievance and shall be
processed in the following manner:
Step 1. Any employee or group of employees who
believes that a provision of this MOU has been
misinterpreted or misapplied to his or her detriment
shall discuss the complaint with the employee's
immediate supervisor, who shall meet with the
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employee within five (5) days of receipt of a written
request to hold such meeting.
Step 2. If a grievance is not satisfactorily resolve d in
Step 1 above, the employee may submit the
grievance in writing within ten (10) work days to such
management official as the department head may
designate. This formal written grievance shall state
which provision of the MOU has been misinterpreted
or misapplied, how misapplication or misinterpretation
has affected him or her to his or her detriment, and
the redress he or she seeks. A copy of each written
communication on a grievance shall be filed with the
Director of Human Resources. The department he ad
or his or her designee shall have ten (10) work days
in which to respond to the grievance in writing.
Step 3. If a grievance is not satisfactorily resolved in
Step 2 above, the employee may appeal in writing
within seven (7) work days to the Director of Human
Resources. The Director of Human Resources or
designee shall have twenty (20) work days in which to
investigate the merit of the complaint and to meet
with the department head and the employee and
attempt to settle the grievance and respond in writing.
Step 4. No grievance may be processed under this
Step 4 which has not first been filed and investigated
in accordance with Step 3 above and filed within
seven (7) work days of the written response of the
Director of Human Resources or designee. If the
parties are unable to reach a mutually satisfactory
accord on any grievance which arises and is
presented during the term of this MOU, such
grievance shall be submitted in writing within seven
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(7) work days to an Adjustment Board comprised of
three (3) Association representatives, no more than
two (2) of whom shall be either an employee of the
County or an elected or appointed official of the
Association presenting this grievance, and three (3)
representatives of the County, no more than two (2)
of whom shall be either an employee of the County or
a member of the staff of an organization employed to
represent the County in the meeting and conferring
process. The Adjustment Board shall meet and
render a decision within twenty (20) work days of
receipt of the written request.
Step 4 of the grievance procedure may be waived by
the written mutual agreement of the parties.
Step 5. If an Adjustment Board is unable to arrive at
a majority decision, either the employee (or the
County, when alleging a violation of Section 24.5)
may require that the grievance be referred to an
impartial arbitrator who shall be designated by mutual
agreement between the employee and the Director of
Human Resources. Such request shall be submitted
within twenty (20) work days of the rendering of the
Adjustment Board decision. Within twenty (20) days
of the request for arbitration the parties shall mutually
select an arbitrator. The fees and expenses of the
arbitrator and of the Court Reporter shall be shared
equally by the employee and the County. Each party,
however, shall bear the costs of its own presentation,
including preparation and post hearing briefs, if any.
If the parties cannot initially agree on a neutral
arbitrator, either may request a list of five (5)
arbitrators from the State Mediation and Conciliation
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Service. If they cannot agree on an arbitrator from
that list, they shall strike alternatively from the list,
with the first to strike to be determined by lot, and the
last remaining name shall be the arbitrator.
Scope of Adjustment Board and Grievance
Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators
on matters properly before them shall be final
and binding on the parties hereto, to the extent
permitted by law.
B. No Adjustment Board and no arbitrator shall
entertain, hear, decide or make
recommendations on any dispute unless such
dispute involves a position in a unit
represented by the Union which has been
certified as the recognized employee
organization for such unit and unless such
dispute falls within the definition of a grievance
as set forth in Subsection 24.1 above.
C. Proposals to add to or change this MOU or to
change written agreements supplementary
hereto shall not be arbitrable and no proposal
to modify, amend, or terminate this MOU, nor
any matter or subject arising out of or in
connection with such proposals, may be
referred to arbitration under this Section.
Neither any Adjustment Board nor any
arbitrator shall have the power to amend or
modify this MOU or written agreements
supplementary hereto or to establish any new
terms or conditions of employment.
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D. If the Director of Human Resources in
pursuance of the procedures outlined in Step 3
above, or the Adjustment Board in pursuance
of the provisions of Step 4 above resolve a
grievance which involves suspension or
discharge, they may agree to payment for lost
time or to reinstatement with or without
payment for lost time.
E. No change in this MOU or interpretations
thereof (except interpretations resulting from
Adjustment Board or arbitration proceedings
hereunder) will be recognized unless agreed to
by the County and the Union.
24.2 Notice to Association. An official, with whom
a formal grievance is filed by a grievant who is
included in a unit represented by the Association, but
is not represented by the Association in the
grievance, shall give the Association a copy of the
formal presentation.
24.3 Immediate Arbitration.
A. The DSA may waive the grievance procedure
time limits specified in this Section and
proceed to Immediate Arbitration in any case
where the DSA alleges that the County is in
violation of this Agreement in so short a period
of time as to disallow the DSA from proceeding
within the time limits of this Section. That is,
the situation is one where damages or back
pay is not an appropriate remedy, one of
"irreparable injury". For example, grievances
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involving disciplinary actions where there is a
loss of pay, compensation claims, and the like
will not be processed under the provisions of
this section. However, the method of
proceeding to Immediate Arbitration must be
done consistent with the following provisions.
B. The affected employee(s), or the DSA, must
first attempt to resolve the matter by meeting
with the appropriate supervisor/manager, at
the Division level.
C. If the matter is not resolved, the DSA only may
file a demand for Immediate Arbitration.
D. The arbitration shall take place no earlier than
the fifteenth (15th) day following the request by
the DSA for such Immediate Arbitration, unless
otherwise mutually agreed. During the two
week period (fourteen calendar days)
immediately following the request for
Immediate Arbitration, the responding party
shall have the opportunity to attempt to resolve
the dispute.
E. Where the County is the responding party, the
Sheriff and Director of Human Resources, or
their designated representatives jointly, shall
have the opportunity to meet with or otherwise
communicate with appropriate DSA
representatives, in an attempt to resolve the
dispute. At this meeting the parties shall
provide to each other as much information
pertinent to this case as is reasonably
possible.
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F. Once the request for Immediate Arbitration is
filed, the parties shall (even though dispute
resolution discussions are going on during the
two week period) attempt to agree upon a
neutral arbitrator and to obtain a date for
arbitration hearing as soon as possible
immediately following the two week period.
G. The parties will attempt to have a standing list
of available Immediate Arbitrators. If the
parties are unable to agree on an arbitrator,
the parties shall obtain a list of five (5) names
from the State Mediation and Conciliation
Service. Each party may strike one name from
the list and of those arbitrators remaining on
the list, the arbitrator who can first hear the
matter shall be selected. The parties may, by
mutual agreement, use another method of
selecting the arbitrator.
H. The arbitrator shall have only the authority to
decide issues involving the interpretation or
application of this MOU as described in
Subsection A herein. Furthermore, the
arbitrator shall not have the authority to add to,
subtract from, change, or modify any provision
of this MOU. This provision does not expand
what is arbitrable under this MOU.
I. Unless the parties agree otherwise, closing
argument shall be presented orally at the end
of the hearing, and if possible, the arbitrator
shall issue his ruling immediately thereafter.
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J. Nothing herein shall preclude the parties from
attempting to resolve the dispute while th e
grievance is pending.
K. The parties shall attempt to have the arbitration
proceedings completed as quickly as possible.
L. Only four (4) such Immediate Arbitrations (as
opposed to demands for immediate arbitration)
may be held in any fiscal year (July 1 - June
30). However, the parties may mutually agree
on Immediate Arbitration, which shall not count
as one of the four.
M. Until such time as four (4) arbitrations in a
fiscal year have been held pursuant to this
section, the DSA agrees not to seek injunctive
relief to preserve the jurisdiction of the
arbitrator.
N. If either party must file a petition to compel
immediate arbitration (under Section 24.3)
because of the refusal of the other party to
agree to such immediate arbitration, then the
losing party (petitioner or respondent) shall
pay reasonable attorney fees and costs to the
other party, not to exceed a maximum of
$3,000.
24.4 Compensation Complaints. All complaints
involving or concerning the payment of compensation
shall be initially filed in writing with the Director of
Human Resources. Only complaints which allege that
employees are not being compensated in accordance
with the provisions of this MOU shall be considered
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as grievances. Any other matters of compensation
are to be resolved in the meeting and conferring
process, if not detailed in the MOU which results from
such meeting and conferring process shall be
deemed withdrawn until the meeting and conferring
process is next opened for such discussion. No
adjustment shall be retroactive for more than six (6)
months from the date upon which the complaint was
filed.
No change in this MOU or interpretations thereof
(except interpretations resulting from Adjustment
Board proceedings hereunder) will be recognized
unless agreed to by the County and the Association.
24.5 Strike/Work Stoppage. During the term of
this MOU, the Association, its members and
representatives, agree that it and they will not engage
in, authorize, sanction, or support any strike,
slowdown, stoppage of work, sickout, o r refuse to
perform customary duties.
In the case of a legally declared lawful strike against a
private or public sector employer which has been
sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of
physical harm shall not be required to cross the picket
line, provided the employee advises his or her
supervisor as soon as possible, and provided further
that an employee may be required to cross a picket
line where the performance of his or her duties is of
an emergency nature and/or failure to perform such
duties might cause or aggravate a danger to public
health or safety.
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24.6 Merit Board.
A. All grievances of employees in representation
units represented by the Association shall be
processed under Section 24 unless the
employee elects to apply to the Merit Board on
matters within its jurisdiction.
B. No action under Steps 3 and 4 of Subsection
24.1 above shall be taken if action on the
complaint or grievance has been taken by the
Merit Board, or if the complaint or grievance is
pending before the Merit Board.
24.7 Filing by Association. The Association may
file a grievance at Step 3 on behalf of affected
employees when action by the County Administrator
or the Board of Supervisors violates a provision of this
MOU.
24.8 Letters of Reprimand. Letters of reprimand
are subject to the grievance procedure but shall not
be processed past Step 3 unless said letters are used
in a subsequent discharge, suspension or demotion
of the employee.
Letters of Reprimand shall be removed from an
employee's file which are five (5) years old from the
date issued unless subsequent disciplinary action has
been taken and sustained against the employee for
the same type of offense within said five (5) year
period in which case the Letter of Reprimand is not
subject to removal. However, where the subsequent
disciplinary action consists of Letter(s) of Reprimand
for the same type of offense, those letters (including
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the original letter) will be removed from the
employee's file after five (5) years pass from the date
the most recent letter is issued unless a different type
of discipline (e.g., suspension, et al) for the same
type of offense is taken and sustained during said five
(5) year period. Those Letters of Reprimand which
have been placed in an employee's file as a result of
an Arbitrator's decision reducing a disciplinary action
to a Letter of Reprimand will be reviewed by the
Sheriff who in his sole discretion will determine
whether the five (5) year removal period will a pply.
24.9 Corrective Counseling System. The
Corrective Counseling System is a method of training
and counseling employees in an effort to improve
behavior and performance without the negative
effects of lasting disciplinary measures. It will
hereafter consist of three phases, or levels, with
procedures and policies for administration developed
within the Department. Placement into the Corrective
Counseling System is not subject to the grievance
procedure.
There shall be no mention of the phase program in
any employee's evaluation, although the
circumstances allegedly supporting the starting, the
ending, or the continuing of a phase, may be
mentioned. This does not affect any other rights or
responsibilities of the parties with regards to the
performance per se.
An employee placed into a Phase of the Corrective
Counseling System may appeal the placement
through a formal department hearing process.
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Following are the guidelines and procedures to be
utilized in the process:
a. Hearing Officer. The phase placement appeal
will be heard by the Commander not in the
employee's direct chain of command, hereafter
referred to as the Hearing Officer. The Hearing
Officer has the authority to set aside the phase
placement completely or decrease the phase
to any lower level.
b. Notification of Intent to Appeal. Upon receipt
of the Phase memo, the affected employee
has seven (7) calendar days to deliver written
documentation of an intent to appeal the phase
placement. The intent to appeal memo is to be
addressed to the Hearing Officer, with a copy
to the employee's Division Commander. The
appeal process defers the starting date of the
phase period.
c. Hearing Date. Upon receipt of the intent to
appeal memo, the Hearing Officer will
schedule a hearing date and notify the affected
employee at least seven (7) calendar days
prior to the hearing date. The hearing date
shall be within twenty-one (21) calendar days
of the Hearing Officer's receipt of the intent to
appeal unless one of the primary parties
involved is unavailable, in which case the
hearing will be scheduled as soon as practical
upon the return to work of the parties.
d. The Hearing. For Phase I and II actions, the
employee may submit a written request for
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hearing to the Hearing Officer. The Hearing
Officer will review the request and determine if
there is a basis for a formal hearing. An
alternate informal process exists which would
allow the employee and his/her representative
to meet and discuss the phase placement in
accordance with the established open door
policy of the Department.
For Phase III appeals, the Hearing Officer will
determine the parties to be present at the
hearing, except that the affected employee will
be present, and a maximum of two (2)
representatives of the employee's choice.
In general, witnesses will not be called or
allowed; however, the affected employee may
submit written statements from the employee
(or others) which will support the appeal.
The entire appeal hearing will be tape
recorded. The tape will be kept (and be
available) in the Administration Division, and
will be erased when the phase is no longer in
effect. Upon his request and at his expense,
the employee may tape the hearing.
The Hearing Officer will weigh all testimony
and attempt to determine the facts surrounding
the phase placement.
e. Results. The Hearing Officer will report his
decision in a brief memo to the employee
within five (5) business days of the hearing.
SECTION 25 - DEPARTMENT
INVESTIGATIONS
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If the decision upholds the original
recommendation or decreases the phase level,
the phase period begins on the date of the
Hearing Officer's decision.
If the Hearing Officer determines that a phase
was not appropriate, all reference to the phase
incident and hearing will be immediately
purged from the personnel file, and the
Hearing Officer's written decision will be sent to
the affected employee.
SECTION 25 - DEPARTMENT INVESTIGATIONS
It has always been and shall continue to be, the
Sheriff's position that all internal investigations shall
be conducted in a professional and timely manner.
The scope and intent of all legal and policy mandates
shall be adhered to during all phases of the
investigation. This includes that the confidentiality of
all information gained during the inquiry shall be
consistent with present legal restraints relative to
discovery and disclosure.
SECTION 26 - LABOR/MANAGEMENT
COMMITTEE
A. There shall be established a
Labor/Management Committee to maximize
communications between the parties in the
area of labor relations.
SECTION 27 - PREMIUM PAYS
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B. There shall be four (4) representatives of
Management and four (4) representatives of
the Association, with the DSA representatives
time treated as if the meeting were held under
Government Code Section 3505.
C. The meetings shall begin in the first full month
after the adoption by the Board of Supervisors
of this MOU and continue every other month
thereafter.
SECTION 27 - PREMIUM PAYS
27.1 Non-Sworn Training Officer Program. Non-
sworn Training Officer assignments are for a one (1)
year period; each year current non -sworn Training
Officers must be reevaluated for assignment to non-
sworn Training Officer status. It is further understood
that the designation as a non -sworn Training Officer
shall be at the sole discretion of the Sheriff.
Non-sworn Training Officers will receive a flat $200
per month for period so assigned, regardless of
whether or not they are actually training during the
month.
27.2 Lead Deputy Sheriff/Corporal Assignment.
A. Effective October 1, 1999, a Lead Deputy
Sheriff/Corporal assignment is established to
assist with training and other duties to be
determined by the process set forth in Section
49.B - Labor/Management Committee. A Lead
Deputy Sheriff/Corporal will receive an
increase of five percent (5%) of base salary for
SECTION 27 - PREMIUM PAYS
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the period so assigned. It is further understood
that the assignment as a Lead Deputy
Sheriff/Corporal shall be at the sole discretion
of the Sheriff.
B. Effective October 1, 1999, all Deputy Sheriffs
currently designated as Training Officers shall
receive the five percent (5%) increase in base
salary set forth in Section 27.2.A above, in lieu
of the $200 per month premium pay they
previously received as Training Officers.
C. A Lead Deputy Sheriff/Corporal assignment as
a Training Officer is for a one (1) year period;
each year, current Lead Deputy
Sheriff/Corporals assigned as Training Officers
must be reevaluated for assignment to Lead
Deputy Sheriff/Corporal status. It is further
understood that the assignment as a Lead
Deputy Sheriff/Corporal shall be at the sole
discretion of the Sheriff.
27.3 Investigators. Effective January 1, 2007
Investigators assigned to the Investigations Division
will receive a flat increase of $218 per month for
period so assigned.
27.4 Hazard Pay for Non-Sworn Detention
Division. The County shall pay a five percent (5%)
differential above the base rate of pay for non-sworn
employees assigned to the Detention Division
effective the first pay period after adoption of this
MOU by the Board of Supervisors.
SECTION 27 - PREMIUM PAYS
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27.5 Longevity Pay (Non-Sworn). Effective July 1,
2008, non-sworn employees at ten (10) years of
County service shall receive a two and one -half
percent (2.5%) longevity pay differential. County
agrees to pay such benefit regardless of the term of
the MOU.
Effective July 1, 2012, non-sworn employees with
twenty (20) years of non-sworn County service shall
receive an additional longevity pay differential of two
percent (2.0%).
27.6 Longevity Pay (Sworn). County and DSA
agree to delete the benefits provided for in Section 27
Physical Fitness Health Care in the 1998-2001 MOU,
except as it applies to Sheriff’s Aides, and replace it
with the following language:
Upon completion of fifteen (15) years sworn service,
employees shall be eligible for a five percent (5%)
base salary differential.
Effective July 1, 2012, sworn employees with twenty
(20) years of sworn County service, shall receive an
additional two percent (2.0%) longevity pay
differential.
27.7 Investigations and Special Investigations
Unit. Effective January 1, 2014, while assigned to
the Investigations Unit (Org 2535) and Special
Investigations Unit (Org 2536), the following
classifications will be entitled to a five percent (5%)
differential to base rate of pay:
Sergeant (6XTA)
SECTION 28 – RETIREMENT
CONTRIBUTION
DSA RANK & FILE - 158 - 2013 – 2016 MOU
Deputy Sheriff (6XWA)
27.8 Forensic Services. Effective January 1,
2014, while assigned to Forensic Services (Org
2515), the following classification will be entitled to a
five percent (5%) differential to base rate of pay:
Crime Scene Investigator II (6CVB)
27.9 P.O.S.T. Certificates. Effective January 1,
2014, permanent full-time employees in the
classifications of Sheriff’s Dispatcher I (64WK),
Sheriff’s Dispatcher II (64WM), and Supervising
Sheriff’s Dispatcher (64HD) will receive a career
incentive allowance of one percent (1.0%) of base
pay per month for the possession of a valid
Intermediate P.O.S.T. certificate and one percent
(1.0%) of base pay per month for the possession of a
valid Advanced P.O.S.T. certificate for a total of up to
two percent (2.0%).
SECTION 28 – RETIREMENT CONTRIBUTION
28.1 Payment of Employee Contributions.
A. Effective on January 1, 2012, employees are
responsible for the payment of one hundred
percent (100%) of the employees’ basic
retirement benefit contributions determined
annually by the Board of Retirement of the
Contra Costa County Employees’ Retirement
Association, without the County paying any
part of the employee’s contributions.
Employees are also responsible for the
SECTION 28 – RETIREMENT
CONTRIBUTION
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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
28.2 Safety Retirement Tier Elections-
Employees Hired or Rehired Before January 1,
2013.
A. If either the Internal Revenue Service issues
guidance acceptable to both parties, or the
County receives a Private Letter Ruling from
the IRS, that protects the County and DSA
members hired prior to January 1, 2013, from
additional tax liability, DSA members will have
the opportunity to elect new retirement tiers
pursuant to Government Code section
31484.9.
B. The following tiers are established:
1. In Safety Tier A, the retirement formula is “3
Percent at 50.” The cost of living adjustment
(COLA) to the retirement allowance shall not
exceed three (3) percent per year. The
employee’s final compensation shall be based
on a twelve (12) month salary average.
2. In Safety Tier C, the retirement formula is “3
Percent at 50.” The cost of living adjustment
(COLA) to the retirement allowance shall not
exceed two (2) percent per year. The
employee’s final compensation shall be
calculated based on a thirty-six (36) month
SECTION 28 – RETIREMENT
CONTRIBUTION
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salary average.
3. In the Safety PEPRA Tier, the retirement
formula is established by the Public Employees
Pension Reform Act (PEPRA) (Chapters 296,
297, Statutes of 2012). The retirement formula
is PEPRA Safety Option Plan Two (2.7% at 57.
The cost of living adjustment to the
retirement allowance (COLA) shall not exceed
two percent (2%) per year, and the cost of
living adjustment will be banked. The
employee’s final compensation will be
based on his/her average annual
compensation earnable during a consecutive
thirty-six month period
C. Method of Election.
1. Upon the occurrence of all of the following:
a. the contingency listed in subsection A is
met;
b. actuarial studies by the County and by the
Contra Costa County Employees
Retirement Association (“CCCERA”,)
have been completed;
c. the Board of Supervisors has adopted such
ordinances or resolutions as may be
necessary to implement the election;
d. as required by Government Code section
31484.9, the County has prepared written
information about the change in benefits for
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CONTRIBUTION
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employees who elect to enter a new tier;
and
e. CCCERA has taken any other actions that
may be necessary to implement the
election; the County shall work with
CCCERA to provide a time period of no
less than three (3) calendar months during
which sworn members of the DSA
bargaining unit who are in Safety Tier A as
of December 31, 2012, may make a written
irrevocable election to 1) waive and release
all rights to retirement benefits under Safety
Tier A for the period of service following the
election and 2) enter the Safety PEPRA
Tier for the period of service following the
election.
In addition, the County shall work with
CCCERA to provide a time period of no
less than three (3) calendar months during
which sworn members of the DSA
bargaining unit who are in Safety Tier C as
of December 31, 2012, may make a written
irrevocable election to 1) waive and release
all rights to retirement benefits under Safety
Tier C for the period of service following the
election and 2) to enter the Safety PEPRA
Tier for the period of service following the
election.
Employees electing to enter the
Safety PEPRA Tier will enter the
Safety PEPRA Tier on the first day
SECTION 28 – RETIREMENT
CONTRIBUTION
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of the first calendar month after the
close of the election period.
2. An employee in Safety Tier A who
elects to enter the Safety PEPRA
Tier shall have his/her retirement
benefits calculated on the basis of
Safety Tier A for the period of
service prior to the election. An
employee in Safety Tier C who
elects to enter the Safety PEPRA
Tier shall have his/her retirement
benefits calculated on the basis of
Safety Tier C for the period of
service prior to the election.
D. The parties agree that the provisions of
Government Code section 31484.9 shall apply
to sworn members of the Deputy Sheriff ’s
Association.
28.3 Tier A - Thirty Years of Continuous Service as
a Safety Member. Through the term of this
Memorandum of Understanding and any extensions
thereof, a DSA member with credit for more than 30
years of continuous service as a safety member shall
not make payments from his or her retirement base to
pay part of the employer’s contribution for the cost
of Safety Tier A.
SECTION 28 – RETIREMENT
CONTRIBUTION
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28.4 Safety Retirement Tier C - Employees Hired
or Rehired after December 31, 2006, but Before
January 1, 2013.
A. For sworn employees hired by the County after
December 31, 2006, but before January 1,
2013, the retirement formula shall be “3
Percent at 50”. The cost of living adjustment
(COLA) to the retirement allowance shall not
exceed two (2) percent per year. The
employee’s final compensation shall be
based on his or her highest thirty six (36)
month salary average. Safety Tier A is closed
to all employees initially hired after December
31, 2006.
B. Employees who left County service prior to
January 1, 2013, and are rehired after that
date shall not be eligible to elect a retirement
tier. Such rehired employees shall be
automatically placed in that retirement tier for
which they are eligible under the County
Employees Retirement Law and PEPRA.
C. Safety Tier C is closed to all employees initially
hired after December 31, 2012 , except for
those sworn employees, who, under PEPRA,
do not become New Members of CCCERA.
SECTION 28 – RETIREMENT
CONTRIBUTION
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28.5 Safety Retirement Benefit–Sworn
Employees who become New Members of
CCCERA on or after January 1, 2013.
A. For sworn employees who, under PEPRA, become
Safety New Members of the Contra Costa County
Employee Retirement Association (CCCERA) on or
after January 1, 2013, retirement benefits are
governed by the California Public Employees Pension
Reform Act of 2013 (PEPRA), (Chapters 296, 297,
Statutes of 2012). To the extent this Agreement
conflicts with any provision of PEPRA, PEPRA will
govern.
B. PEPRA Safety Option Plan Two (2.7% @ 57)
applies to these employees who, under PEPRA,
become New Members of CCCERA. For these
employees, the cost of living adjustment to the
retirement allowance will not exceed two percent (2%)
per year, and the cost of living adjustment will be
banked.
28.6 Retirement Benefit - Non-Sworn Employees
who become New Members of CCCERA on or
After January 1, 2013.
A. For non-sworn employees who, under PEPRA,
become New Members of the Contra Costa County
Employees Retirement Association (CCCERA) on or
after January 1, 2013, retirement benefits are
governed by the California Public Employees Pension
Reform Act of 2013 (PEPRA), (Chapters 296, 297,
Statutes of 2012). To the extent this Agreement
SECTION 29 - SAFETY
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conflicts with any provision of PEPRA, PEPRA will
govern.
B. For employees hired by the County after June 30,
2013, who, under PEPRA, become New Members of
CCCERA the cost of living adjustment to the
retirement allowance will not exceed two percent (2%)
per year, and the cost of living adjustment will be
banked.
C. For employees who, under PEPRA, become New
Members of CCCERA, the disability provisions are
the same as the current Tier III disability provisions.
D. The County will seek legislation amending the
County Employees Retirement Law of 1937 to clarify
that the current Tier III disability provisions apply to
non-sworn employees who, under PEPRA, become
New Members of CCCERA. The Union must support
the legislation, in addition to the County, by calling
and sending a letter (on Union letterhead) in support
of the bill to the state legislator sponsoring the bill, on
or before the date specified by the County. In
addition, if requested by the County, the Union must
testify in support of the bill before the state legislative
committees considering the bill.
SECTION 29 - SAFETY
The County shall expend every effort to see to it that
the work performed under the terms and conditions of
this MOU is performed with a maximum degree of
safety consistent with the requirement to conduct
efficient operations.
SECTION 30 - MILEAGE
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SECTION 30 - MILEAGE
Mileage allowance for the use of personal vehicles on
County business shall be paid according to the rates
allowed by the Internal Revenue Service and shall be
adjusted to reflect changes in this rate on the date it
becomes effective
or the first of the month following announcement of
the changed rate by the Internal Revenue Service,
whichever is later.
SECTION 31 - 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.
Pay errors discovered by the County on or after
August 1, 1984 found in employee pay shall be
corrected as soon as possible as to current pay rate
but that no recovery of either overpayments or
underpayments to an employee shall be made
retroactively except for the six (6) month period
immediately preceding discovery of the pay error.
This provision shall apply regardless of whether the
error was made by the employee, the appointing
authority or designee, the Director of Human
Resources or designee, or the Auditor-Controller or
SECTION 32 - PROVISIONAL
APPOINTMENT
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designee. Recovery of fraudulently accrued over or
underpayments are excluded from this section for
both parties.
When the County notifies an employee of an
overpayment and proposed repayment schedule and
the employee wishes to meet with the County, a
meeting will be held at which time a repayment
schedule shall be determined.
If requested by the employee, an Association
representative may be present at a meeting with
management to discuss a repayment schedule in the
case of overpayments to the employee.
SECTION 32 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request
for personnel to fill a position in a class for which no
reemployment or employment list is available, or in a
class for which no eligible or insufficient eligibles to
complete the certification will accept appointment to
the position, the Director of Human Resources may
authorize the appointing authority to appoint any
person who possesses the minimum qualifications for
the class as set forth in the class specifications,
provided that the names of eligibles available and the
names of persons who have indicated their intention
to take the next examination for the class shall be
referred to the appointing authority at the time
authorization is issued.
In no case shall a permanent position be filled by a
provisional appointment for a period exceeding six (6)
SECTION 33 - PERSONNEL FILES
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calendar months except under the following
conditions:
a. If an examination has been announced for the
class and recruitment of applicants is in
process, the Director of Human Resources
may authorize a continuation of provisional
appointments until an eligible list is
established.
b. In case of a provisional appointment to a
permanent position vacated by a leave of
absence, such provisional appointment may be
continued for the duration of said leave.
A provisional appointment shall be terminated within
thirty (30) days after the date of certification of
eligibles from an appropriate eligible list.
All decisions of the Director of Human Resources
relative to provisional appointments are final and not
subject to the grievance procedure.
Before filling a position by a provisional appointment,
the appointing authority shall post notice and shall
consider current qualified employees for the
appointment. Only if there are insufficient internal
applicants to constitute a full certification may the
appointing authority consider applicants from outside
County service.
SECTION 33 - PERSONNEL FILES
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SECTION 33 - PERSONNEL FILES
An employee shall have the right to inspect and
review any official record(s) relating to his or her
performance as an employee or to a grievance
concerning the employee which is kept or maintained
by the County in the employee's personnel file in the
Human Resources Department or in the employee's
personnel file in their department. The contents of
such records shall be made available to the employee
for inspection and review at reasonable intervals
during the regular business hours of the County.
The County shall provide an opportunity for the
employee to respond in writing to any information
which is in the employee's personnel file about which
he or she disagrees. Such response shall become a
permanent part of the employee's personnel record.
The employee shall be responsible for providing the
written responses to be included as part of the
employee's official personnel file. This section does
not apply to the records of an employee relating to
the investigation of a possible criminal offense,
medical records and information or letters of
reference.
All documents pertaining to disciplinary actions shall
be placed in an official personnel file maintained by
the Human Resources Department or in an official
personnel file maintained by their department. Copies
of written reprimands or memoranda pertaining to an
employee's unsatisfactory performance which are to
be placed in the employee's personnel file shall be
given to an employee who shall have the right to
respond in writing to said documents. Letters of
SECTION 34 - SERVICE AWARDS
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reprimand are subject to the grievance procedure but
shall not be processed past Step 3 unless said letters
are used in a subsequent discharge, suspension or
demotion of the employee. 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
department. In a case involving a grievance or
disciplinary action, the employee's designated
representative may also review his or her personnel
file with specific written authorization from the
employee.
The Association will be given a list of all types of
personnel files maintained by the Sheriff.
SECTION 34 - SERVICE AWARDS
The County shall continue its present policy with
respect to service awards including time off; provided,
however, that the type of award given shall be at the
sole discretion of the County.
The following procedures shall apply with respect to
service awards:
a. Presentation Before the Board of Supervisors .
An employee with twenty (20) or more years of
service may go before the Board of
Supervisors to receive his/her Service Award.
When requested by a departme nt, the Human
Resources Department will make
arrangements for the presentation ceremony
SECTION 35 - REIMBURSEMENT FOR
MEAL EXPENSES/CHARGE FOR
DETENTION DIVISION MEALS
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before the Board of Supervisors and notify the
department as to the time and date of the
Board meeting.
b. Service Award Day Off. Employees with
fifteen (15) or more years of service are
entitled to take a day off with pay at each five
(5) year anniversary.
SECTION 35 - REIMBURSEMENT FOR MEAL
EXPENSES/CHARGE FOR DETENTION DIVISION
MEALS
A. Reimbursement for Meal Expenses.
Employees shall be reimbursed for meal
expenses under the following circumstances
and in the amount specified:
1. When the employee is required to be out of
his/her regular or normal work area during a
meal hour because of a particular work
assignment and with prior approval of the
department head or his designee.
2. When the employee is required to stay over
to attend consecutive or continuing
afternoon and night sessions of a board or
commission.
3. When the employee is required to incur
expenses as host for official guests of the
SECTION 35 - REIMBURSEMENT FOR
MEAL EXPENSES/CHARGE FOR
DETENTION DIVISION MEALS
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County, work as members of examining
boards, official visitors, and speakers or
honored guests at banquets or other official
functions.
4. When the employee is required to work
three (3) or more hours of overtime; 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 24 -hour
institutions.
Procedures and definitions relative to
reimbursement for meal expenses shall be
in accordance with the Administrative
Bulletin on Expense Reimbursement.
B. Charge for Detention Division Meals.
Personnel represented by the DSA and
permanently assigned to the Detention Division
will have fifteen dollars ($15.00) per month
deducted from their pay checks in exchange
for meals provided by the Department. The
employee may choose not to eat facility food.
In that case no fees will be deducted.
SECTION 36 - COMPENSATION FOR LOSS
OR DAMAGE TO PERSONAL PROPERTY
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Employees will indicate their option upon
transfer into the Detention Division and, during
the month of January each year, employees
may make a new determination. Current
Detention employees will have the month
following ratification of the contract to exercise
their option.
SECTION 36 - COMPENSATION FOR LOSS OR
DAMAGE TO PERSONAL PROPERTY
36.1 Conditions. The loss or damage to personal
property of employees is subject to reimbursement
under the following conditions:
a. The loss or damage must result from an event
which is not normally encountered or
anticipated on the job and which is not subject
to the control of the employee.
b. Ordinary wear and tear of personal property
used on the job is not compensated.
c. Employee tools or equipment provided without
the express approval of the department head
and automobiles are excluded from
reimbursement.
d. The loss or damage must have occurred in the
line of duty.
e. The loss or damage was not a result of
negligence or lack of proper care by the
employee.
SECTION 37 - UNFAIR LABOR PRACTICE
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f. The personal property was necessarily worn or
carried by the employee in order to adequately
fulfill the duties and requirements of the job.
g. The loss or damage to an employee's dentures
or other prosthetic devices did not occur
simultaneously with a job connected injury
covered by Workers' Compensation.
h. The amount of reimbursement shall be limited
to the actual cost to repair damages.
Reimbursement for items damaged beyond
repair shall be limited to the actual value of the
item at the time of loss or damage but not
more than the original cost.
i. The burden of proof of loss rests with the
employee.
j. Claims for reimbursement must be processed
in accordance with the Administrative Bulletin
on Compensation for Loss or Damage to
Personal Property.
36.2 Policies & Practices. The employer will
continue its present policies and practices with regard
to loss or damage to personal property. This MOU
provision does not constitute a waiver by the DSA or
an affected employee to litigate in court the legality of
portions of the policies dealing with limiting
reimbursement because of alleged employee
negligence or wrongdoing.
SECTION 37 - UNFAIR LABOR PRACTICE
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SECTION 37 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair
labor practice as defined in Chapter 34 -22 of the
Board of Supervisors Resolution 81/1165 against the
other (see Attachment C). Allegations of an unfair
labor practice, if not resolved in discussions between
the parties, shall be heard by a mutually agreed upon
impartial third party.
SECTION 38 - LENGTH OF SERVICE DEFINITION
(for service awards and vacation accruals)
The length of service credits of each employee of the
County shall date from the beginning of the last
period of continuous County employment (including
temporary, provisional, and permanent status, and
absences on approved leave of absence). When an
employee separates from a permanent position in
good standing and within two (2) years is reemployed
in a permanent County position, or is reemployed in a
permanent County position from a layoff list within the
period of layoff eligibility, service credits shall include
all credits accumulated at time of separation, but
shall not include the period of separation. The
Director of Human Resources shall determine these
matters based on the employee status records in the
Human Resources Department.
SECTION 39 - PERMANENT PART-TIME
EMPLOYEE BENEFITS
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SECTION 39 - PERMANENT PART-TIME
EMPLOYEE BENEFITS
Permanent part-time employees receive prorated
vacation and sick leave benefits. They are eligible for
health, dental and life insurance benefits at
corresponding premium rates providing they work at
least fifty percent (50%) of full time. If the employee
works at least fifty percent (50%) of full time, County
retirement participation is also included.
SECTION 40 - PERMANENT-INTERMITTENT
EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for
prorated vacation and sick leave benefits.
SECTION 41 - PERMANENT-INTERMITTENT
EMPLOYEE HEALTH PLAN
A permanent-intermittent employee represented by
the DSA may participate in the County Group Health
Plan wholly at the employee's expense. The County
will not contribute to the employee's monthly
premium. The employee will be responsible for paying
the monthly premium appropriately and punctually.
Failure to meet the premium deadline will mean
automatic and immediate withdrawal from the County
Group Health Plan and reinstatement may only be
effectuated during the annual open enrollment period.
SECTION 42 - PROVISIONAL EMPLOYEE
BENEFITS
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SECTION 42 - PROVISIONAL EMPLOYEE
BENEFITS
Provisional employees, who are not permanent
employees of the County immediately prior to their
provisional appointment, are eligible for vacation and
sick leave benefits.
Provisional employees may participate in the County
Group Health Plan wholly at the employee's expense.
The County will not contribute to the employee's
monthly premium. The employee will be responsible
for paying the monthly premium appropriately and
punctually. Failure to meet the premium deadline will
mean automatic and immediate withdrawal from the
County Group Health Plan and reinstatement may
only be effectuated during the annual open
enrollment period.
SECTION 43 - LUNCH PERIOD
Employees assigned to either the Investigation
Division or the Criminalistics Laboratory may select
either a one-half (1/2) hour or one (1) hour lunch
period, it being understood that such selection should
be for periods of no less than three (3) months; it
being further understood that the Department retains
the right to assign starting times.
SECTION 44 - COMPENSATION FOR OFF-
DUTY CANINE CARE
DSA RANK & FILE - 178 - 2013 – 2016 MOU
SECTION 44 - COMPENSATION FOR OFF-DUTY
CANINE CARE
1. Compensable Off-Duty Ordinary Canine
Care: Compensable off-duty ordinary canine
care includes, but is not limited to, handling,
caring, feeding, exercising, grooming, bathing,
kennel cleaning, cleaning of County vehicles,
and ordinary transport to and from the
veterinarian, but does not include commute
time which is not compensable. The amount
of compensable off-duty ordinary canine care
for employees assigned to the Canine Program
(canine handlers) is 14 hours per 28 -day work
period (30 minutes per day). This amount is a
good faith estimate, intended to be
comprehensive, accurate and inclusive of all
pertinent facts. The parties agree that off -duty
ordinary canine care time in excess of this
agreed-upon time is not authorized and is not
compensable.
2. Compensation: In each 28-day work period,
canine handlers will work regular duty time,
plus 14 hours of compensable off -duty ordinary
canine care work -- i.e., 174 hours in a 28-day
period. For the hours worked over 171 to 174
hours in each 28-day work period, canine
handlers will be paid overtime for the three
hours (using the half time method) at the
applicable rate, plus any additional contract
premium needed to ensure that the total per
month for regular, off duty canine care per
canine handler amounts to $200. Hours
SECTION 44 - COMPENSATION FOR OFF-
DUTY CANINE CARE
DSA RANK & FILE - 179 - 2013 – 2016 MOU
worked over 174 in a 28 day period shall be
paid at the applicable contract overtime rate.
Canine handlers will also be eligible for paid
overtime for emergency off-duty canine care
(which is over and beyond ordinary canine
care), provided the canine handler reports
such occurrence in writing to his or her
supervisor as soon as possible, and no later
than the first shift worked after the emergency
occurrence.
Effective January 1, 2007, the above $200 per
month premium for off duty canine care shall
be increased to $245.25 per month.
3. Canine Expenses: The County will pay
veterinarian (visits, procedures, and
prescriptions), kenneling, and food expenses
related to participating canines. The County
will pay up to $750, on a one-time basis and
not exceeding actual cost, for a home kennel.
4. Miscellaneous: The parties agree that the
compensation paid for off -duty canine care
under this MOU fully satisfies the County’s
obligations under the Fair Labor Standards Act
(“FLSA”), and is limited to $200 per month
(effective October 1, 2003, $225 per month).
In the event any claim is made that this
compensation does not fully satisfy the
County’s obligations under the FLSA, contrary
to the mutual intent of the parties, the County
may require a re-opener regarding the Canine
SECTION 45 - BILINGUAL PAY
DSA RANK & FILE - 180 - 2013 – 2016 MOU
Program to ensure compliance with the FLSA
and to effectuate the intent of the parties.
Effective December 5, 2006 such amount shall
be increased from $225 (two hundred twenty
five dollars) to $245.25 (two hundred forty five
dollars and twenty five cents).
SECTION 45 - BILINGUAL PAY
SWORN:
A salary differential of one hundred dollars ($100.00)
per month shall be paid incumbents of positions
requiring bilingual proficiency as designated by the
appointing authority and the 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.
If during the term of this MOU, the County increases
the Bilingual Pay for other bargaining units, the
County will extend that increase to the DSA
bargaining unit members. The increase will be
implemented on prospective basis only and will not be
subject to retroactivity.
NON-SWORN:
Effective January 1, 2007, the current Bilingual rate
for non-sworn personnel shall be increased to one
hundred dollars ($100).
SECTION 46 - UNIFORMS
DSA RANK & FILE - 181 - 2013 – 2016 MOU
SECTION 46 - UNIFORMS
46.1 Uniform Allowance. Effective January 1,
2007, employees eligible for the uniform allowance
will receive a total of eight hundred seventy two
dollars ($872) per year. Uniform allowance is paid for
the purchase of uniforms and the cleaning and
maintenance of uniforms and equipment.
The above paragraph applies to employees in the
following classifications: Sergeant, Deputy Sheriff,
Deputy Sheriff-Recruit, Sheriff’s Dispatcher I and II,
Supervising Sheriff’s Dispatcher, Sheriff’s Aide,
Rangers, and Sheriff’s Specialist.
46.2 Uniform Allowance Method of Payment.
Effective July 1, 1994 employees who are eligible for
the uniform allowance will receive such allowan ce
included in their monthly pay warrants.
46.3 S.W.A.T. Uniform. The department shall
provide all employees accepted into S.W.A.T. with
the necessary uniform and equipment.
46.4 Criminalists. The department will provide up
to two (2) shirts per year for employees in the
following classifications:
6DWB Criminalist I
6DVC Criminalist II
6DTA Criminalist III
6D7B Criminalistics Lab Aide
6D71 Criminalistics Lab Aide-Proj
6DWA, 6DVB, 6DTB Deputy Sheriff Criminalist I, II,
and III
SECTION 47 - PEACE OFFICER TRAINING
DSA RANK & FILE - 182 - 2013 – 2016 MOU
6DHB Deputy Sheriff Forensic
Supervisors
6CHB Forensic Supervisors
6CWB, 6CVB Crime Scene Investigator I and
II
64WH, 64VG Latent Fingerprint Examiner I
and II
64HB Supervising Latent Fingerprint
Examiner
64WJ, 64VH Fingerprint Technician I and II
64HC Supervising Fingerprint
Technician
SECTION 47 - PEACE OFFICER TRAINING
47.1 Incentive Program - Purposes. In
accordance with the policies expressed in Penal
Code Sections 13500 and following and Chapter 2 of
Title 11 of the California Administrative Code
(Sections 1000 and following); and to attract law
enforcement officers with high education standards,
to broaden the professional experience of present
officers and to maintain a high quality police service
to cope with increased demands placed upon this
function, there is established the following career
incentive program, which provides a career incentive
allowance based on two and one -half percent (2.5%)
of base pay for possessing the first P.O.S.T.
certificate (intermediate) not required by the minimal
qualifications of the class and an additional allowance
based on two and one-half percent (2.5%) of base
pay per month for possessing a second P.O.S.T.
certificate (advanced) not required by the minimal
qualifications of the class.
SECTION 47 - PEACE OFFICER TRAINING
DSA RANK & FILE - 183 - 2013 – 2016 MOU
47.2 Incentive Program - Definitions.
Unless otherwise specified or required by the context
the following terms have the following meanings:
"Officer" means any peace officer member of the
Sheriff's Department who occupies a permanent full-
time position, in pay status, as a peace officer in this
County.
"Intermediate peace officers standards and training
certificate" and "advanced peace officer standards
and training certificate" have the meanings defined in
the regulations of the Commission on Peace Officer
Standards and Training of the California State
Department of Justice. (P.O.S.T.)
47.3 Incentive Program - Intermediate
Certificate. Every officer in the classes of: Deputy
Sheriff, Deputy Sheriff Forensic Supervisor, Deputy
Sheriff-Criminalist I, II, III and Sergeant in the Sheriff's
Department shall receive a career incentive
allowance of two and one-half percent (2.5%) of base
pay per month for the possession of a valid
intermediate P.O.S.T. certificate.
47.4 Incentive Program - Advanced Certificate.
Every in the classes of: Deputy Sheriff, Deputy Sheriff
Forensic Supervisor, Deputy Sheriff-Criminalist I, II, III
and Sergeant in the Sheriff's Department shall
receive a career incentive allowance of two and one -
half percent (2.5%) of base pay per month for the
possession of a valid advanced P.O.S.T. certificate.
This is in addition to the two and one -half percent
(2.5%) allowance for the intermediate certificate.
SECTION 48 - CRITICAL INCIDENT
DSA RANK & FILE - 184 - 2013 – 2016 MOU
47.5 Incentive Program - Pay Status. These
allowances shall be in addition to regular
compensation and shall not be considered part of the
base pay for payroll computation purposes.
SECTION 48 - CRITICAL INCIDENT
In the event the act or omission of a sworn officer
causes the death or serious injury of another person,
the officer's Division Commander shall place t he
employee on Administrative Leave (with pay) for the
seventy-two (72) hours immediately following the
incident.
SECTION 49 - ADOPTION
The provisions of this MOU shall be made applicable
on the dates indicated and upon approval by the
Board of Supervisors. Resolutions and Ordinances,
where necessary, shall be prepared and adopted in
order to implement these provisions. It is understood
that where it is determined that an Ordinance is
required to implement any of the foregoing provisions,
said provisions shall become effective upon the first
day of the month following thirty (30) days after such
Ordinance is adopted.
SECTION 50 - SCOPE OF AGREEMENT AND
SEVERABILITY OF PROVISION
50.1 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
SECTION 51 - PAST PRACTICES AND
EXISTING MEMORANDA OF
UNDERSTANDING
DSA RANK & FILE - 185 - 2013 – 2016 MOU
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 Union 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.
50.2 Severability of Provisions. Should any
section, clause or provision of this MOU be declared
illegal, unlawful or unenforceable, by final judgment of
a court of competent jurisdiction, such invalidation of
such section, clause or provision shall not invalidate
the remaining portions hereof, and such remaining
portions shall remain in full force and effect for the
duration of this MOU.
50.3 Personnel Management Regulations.
Where a specific provision contained in a section of
this MOU conflicts with a specific provision contained
in a section of the Personnel Management
Regulations, the provision of this MOU shall prevail. It
is recognized, however, that certain provisions of the
Personnel Management Regulations may be
supplementary to the provisions of this MOU or deal
with matters not within the scope of representation
and as such remain in full force and effect.
50.4 Duration of Agreement. This Agreement shall
SECTION 51 - PAST PRACTICES AND
EXISTING MEMORANDA OF
UNDERSTANDING
DSA RANK & FILE - 186 - 2013 – 2016 MOU
continue in full force and effect from July 1, 2013 to
and including June 30, 2016.
SECTION 51 - PAST PRACTICES AND EXISTING
MEMORANDA OF UNDERSTANDING
Continuance of working conditions and past practices
not specifically authorized by ordinance or by
resolution of the Board of Supervisors is not
guaranteed by this MOU; provided, however, that only
during the term of this MOU which expires September
30, 2005, the Association may claim a violation of a
past practice. If the Association can demonstrate that
such past practice exists by virtue of having been
acknowledged and agreed to by Management and
representatives of the Association or by employees
represented by the Association who reach agreement
with the Department Head on a specific policy
covering a group of employees such as a
reassignment policy, the alleged violation of said past
practice will be subject to the grievance procedure.
Those practices which have been agreed to by
Management and not approved by the Department
Head must be confirmed and approved by the
Department Head within six (6) months from the
below execution date of this MOU in order to be
considered a past practice pursuant to this provision.
The execution of this MOU does not preclude the
DSA from continuing to negotiate with the County
regarding the establishment of a Labor-Management
SECTION 51 - PAST PRACTICES AND
EXISTING MEMORANDA OF
UNDERSTANDING
DSA RANK & FILE - 187 - 2013 – 2016 MOU
Trust Committee and the authorities and
responsibilities of said committee.
Date:
Deputy Sheriffs’
Association
Contra Costa County: (Rank & File Unit):
(Signature / Printed Name) (Signature / Printed Name)
/
/
/
/
/
/
/
/
/
/
/
/
DEPUTY SHERIFFS’ ASSOCIATION
RANK & FILE
ATTACHMENTS
A. SHERIFF’S AIDE/SPECIALIST
TRANSFER POLICY AND
PROCEDURE
B. CLASS LISTING
C. EMPLOYEE RELATIONS
ORDINANCE – UNFAIR
PRACTICE
D. PROJECT POSITIONS
E. COMPENSATION PAID
SERGEANTS ASSIGNED TO
DEPUTY SHERIFF POSITIONS
Deputy Sheriff's Association
Rank and File
CLASS AND SALARY LISTING
Effective 9/1/2013
ATTACHMENT B
Job Code Class Title
Flex Staff (F) / Deep
Class (D)From To
6XWA DEPUTY SHERIFF-40 HOUR F 5,298.05$ 6,600.81$
6XWB DEPUTY SHERIFF-56 HOUR F 5,298.05$ 6,600.81$
6DWA DEPUTY SHERIFF-CRIMINALIST I F 5,528.49$ 6,095.16$
6DVB DEPUTY SHERIFF-CRIMINALIST II F 6,019.87$ 7,500.12$
6DTB DEPUTY SHERIFF-CRIMINALIST III F 6,969.94$ 8,683.80$
6DHB DEPUTY SHERIFF-FORENSIC SUPVR 7,499.40$ 9,343.46$
6XTA SERGEANT 6,128.12$ 7,634.99$
Job Code Class Title
Flex Staff (F) / Deep
Class (D)From To
6EVA BACKGROUND INVESTIGATOR I F 4,832.72$ 5,874.20$
6ENA BACKGROUND INVESTIGATOR II F 5,325.15$ 6,472.76$
LDVA BIOMETRIC SYSTEMS SPECIALIST 5,556.77$ 6,754.29$
6CWB CRIME SCENE INVESTIGATOR I F 3,626.51$ 4,408.04$
6CVB CRIME SCENE INVESTIGATOR II F 3,898.33$ 4,738.45$
6DWB CRIMINALIST I F 5,523.86$ 6,090.06$
6DVC CRIMINALIST II F 6,014.83$ 7,311.07$
6DTA CRIMINALIST III F 6,964.10$ 8,464.91$
6D7B CRIMINALISTICS LAB AIDE 2,934.04$ 3,566.34$
6D71 CRIMINALISTICS LAB AIDE-PROJ 2,934.04$ 3,566.34$
6X7A DEPUTY SHERIFF-RECRUIT-FIXED TERM F 3,451.34$ 3,451.34$
64WH FINGERPRINT EXAMINER I F 4,654.26$ 5,131.32$
64VG FINGERPRINT EXAMINER II F 4,953.83$ 6,021.42$
64WJ FINGERPRINT TECHNICIAN I F 3,929.34$ 4,332.09$
64VH FINGERPRINT TECHNICIAN II F 4,203.00$ 5,108.78$
6CHB FORENSIC SUPERVISOR 7,463.90$ 9,072.41$
64VF SHERIFF'S AIDE 3,144.61$ 3,822.30$
64WK SHERIFF'S DISPATCHER I F 4,100.24$ 4,520.52$
64WM SHERIFF'S DISPATCHER II F 4,491.29$ 5,199.22$
64SA SHERIFF'S PHOTOGRAPHER 4,433.84$ 5,389.37$
64WR SHERIFF'S RANGER 2,842.54$ 3,455.12$
64VE SHERIFF'S SPECIALIST F 3,706.37$ 4,505.11$
64HB SUPERVISING FINGERPRINT EXAMNR 5,512.93$ 6,701.00$
64HC SUPERVISING FINGERPRINT TECH 4,770.91$ 5,799.07$
6YHA SUPERVISING SHERIFF'S AIDE 3,619.33$ 4,399.32$
64HD SUPERVISING SHF'S DISPATCHER 4,919.62$ 5,979.83$
Salary Range
Salary Range
DEPUTY SHERIFFS’ ASSOCIATION
RANK & FILE
EXHIBITS
(INFORMATION / REFERENCE ONLY)
A. SPECIALIZED ASSIGNMENTS
B. SHERIFF’S “OPEN DOOR” POLICY
C. COMPENSATION FOR SERGEANTS
ASSIGNED TO DEPUTY SHERIFF
POSITIONS
D. TRANSPORTATION BUREAU
ASSIGNMENTS
E. POST ASSIGNMENTS
F. FLSA OVERTIME
G. EXTENSION OF PROBATION PERIOD
FOR INJURED DEPUTY SHERIFF
H. CORONER’S DIVISION SHIFT
I. DETENTION FACILITY ASSIGNMENTS
J. SCHEDULING
K. LUNCH PERIOD