HomeMy WebLinkAboutMINUTES - 12082015 - C.28RECOMMENDATION(S):
ADOPT Resolution No. 2015/452 correcting and replacing the attachment presented to the Board on October 20,
2015, in regards to the Memorandum of Understanding (MOU) between Contra Costa County and the Deputy
District Attorneys' Association (DDAA) for the period of July 1, 2015 through June 30, 2018.
FISCAL IMPACT:
None.
BACKGROUND:
The DDAA began bargaining with Contra Costa County on or about May 14, 2015; a Tentative Agreement (TA) was
reached between the County and the DDAA on October 8, 2015; and the resulting Memorandum of Understanding
was adopted by the Board of Supervisors on October 20, 2015. The unexecuted copy of the MOU attached to the
Board action on October 20 contained the original TA language agreed to by the union, which was revised at the
close of bargaining. The executed, attached, MOU is now complete and correct.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/08/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Lisa Driscoll, County Finance
Director (925) 335-1023
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: December 8, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Lisa Lopez, Assistant Director of Human Resources, Haj Nahal, Assistant Auditor Controller, Alvan Mangalindan, Ann Elliott, Benefits Manager, Craig
Taylor, Benefits Supervisor, Cherie Mathisen, Chief of Administrative Services
C. 28
To:Board of Supervisors
From:David Twa, County Administrator
Date:December 8, 2015
Contra
Costa
County
Subject:Confirming Memorandum of Understanding with the Deputy District Attorneys' Association (correcting attachment)
BACKGROUND: (CONT'D)
In summary, the changes are:
Health, Life and Dental Care – Section 13
Inclusion of High Deductible Health Provider and Plan selected by the County.
Limit access to CCHP Plan B, Kaiser Permanente Plan A, Health Net HMO Plan A, and Health Net
PPO to employees hired before January 1, 2016. These plans are to be eliminated for all employees
beginning January 1, 2018.
The County will make available to employees represented by the Association any new medical or
dental plans selected by the County to replace current plans not renewed. Notice will be provided
regarding the effective date of any new medical or dental plans.
The County will adjust its monthly premium subsidies to cover all increases for the 2016 plan year.
Beginning January 1, 2017, any future increases in monthly premiums or plan premium penalties
imposed by the medical plan, are to be shared evenly by the County and the Association.
Provide employees eligible to receive an offer of coverage from the County under the Affordable
Care Act, with access to County medical plans at the full premium amount.
ATTACHMENTS
Resolution No. 2015/452
DDAA MOU 7-1-15 thru 6-30-18
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY DISTRICT ATTORNEYS’ ASSOCIATION
JULY 1, 2015 – JUNE 30, 2018
i
CONTRA COSTA COUNTY
DEPUTY DISTRICT ATTORNEYS’ ASSOCIATION
TABLE OF CONTENTS
SECTION 1 ASSOCIATION RECOGNITION ........................................................ 3
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction.................................................................................. 4
2.2 Maintenance of Membership .............................................................. 4
2.3 Withdrawal of Membership ................................................................. 4
2.4 Communicating With Employees ........................................................ 4
2.5 Use of County Buildings ..................................................................... 4
SECTION 3 NO DISCRIMINATION ....................................................................... 4
SECTION 4 ASSOCIATION REPRESENTATIVES
4.1 Attendance at Meetings ...................................................................... 4
SECTION 5 SALARIES
5.1 General Wages .................................................................................. 5
SECTION 6 LAYOFFS .......................................................................................... 6
SECTION 7 JURY DUTY AND WITNESS DUTY
7.1 Jury Duty ............................................................................................ 6
7.2 Witness Duty ...................................................................................... 7
SECTION 8 GRIEVANCE PROCEDURE
8.1 Definition and Procedural Steps ......................................................... 7
8.2 Compensation Claims ........................................................................ 8
8.3 Strike or Work Stoppage .................................................................... 8
8.4 Arbitrator’s Decision (Final & Binding) ................................................ 9
SECTION 9 DAYS AND HOURS OF WORK/HOLIDAYS
9.1 Definitions – Days and Hours of Work. ............................................... 9
9.2 Timestamp ....................................................................................... 10
9.3 Accrual Usage .................................................................................. 10
9.4 Automated Time Keeping ................................................................. 10
9.5 Holidays Observed ........................................................................... 10
9.6 Definitions - Holidays ....................................................................... 10
9.7 Holidays – Part-Time Employees ..................................................... 11
9.8 Personal Holiday Credit .................................................................... 11
SECTION 10 VACATION LEAVE
10.1 Vacation Accrual Rates .................................................................... 11
10.2 Vacation Allowance for
Separated Employees ...................................................................... 12
10.3 Service Award Date Defined ............................................................ 12
ii
SECTION 11 SICK LEAVE
11.1 Sick Leave ....................................................................................... 12
11.2 Part-Time Employees ....................................................................... 12
SECTION 12 LEAVE OF ABSENCE
12.1 Leave Without Pay ........................................................................... 13
12.2 General Administration ..................................................................... 13
12.3 Family Care Leave or Medical Leave ............................................... 13
12.4 Certification ...................................................................................... 13
12.5 Intermittent Use of Leave ................................................................. 14
12.6 Aggregate Use for Spouse ............................................................... 14
12.7 Definitions ........................................................................................ 14
SECTION 13 HEALTH, LIFE & DENTAL CARE
13.1 Health Plan Coverages .................................................................... 15
13.2 Monthly Premium Subsidy ................................................................ 16
13.3 Retirement Coverage ....................................................................... 17
13.4 Health Plan Coverages & Provisions ................................................ 19
13.5 Family Member Eligibility Criteria ..................................................... 19
13.6 Dual Coverage ................................................................................. 20
13.7 Medical Plan Cost-Sharing on and after January 1, 2016 ................. 21
13.8 Life Insurance Benefit Under Health and Dental Plans ..................... 22
13.9 Supplemental Life Insurance ............................................................ 22
13.10 Health Care Spending Account ........................................................ 22
13.11 PERS Long-Term Care .................................................................... 22
13.12 Dependent Care Assistance Program .............................................. 22
13.13 Premium Conversion Plan ................................................................ 23
13.14 Prevailing Section ............................................................................ 23
13.15 Rate Information............................................................................... 23
13.16 Partial Month .................................................................................... 23
13.17 Coverage During Absences ............................................................. 23
13.18 Child Care ........................................................................................ 23
13.19 Health Benefit Coverage for Employees Not Otherwise Covered ..... 23
SECTION 14 CATASTROPHIC LEAVE BANK
14.1 Program Design ............................................................................... 24
SECTION 15 TRAVEL REIMBURSEMENT .......................................................... 25
SECTION 16 RETIREMENT
16.1 Contribution ...................................................................................... 26
16.2 414H2 Participation .......................................................................... 26
16.3 Retirement Benefits – Employees Who Become Members of
CCCERA After December 31, 2012 ................................................. 26
SECTION 17 PROFESSIONAL EXPENSES
17.1 Reimbursement ................................................................................ 27
SECTION 18 BILINGUAL PAY DIFFERENTIAL ................................................... 27
SECTION 19 WORKERS’ COMPENSATION ....................................................... 28
iii
SECTION 20 LONGEVITY PAY ............................................................................ 30
SECTION 21 DEFERRED COMPENSATION INCENTIVE .................................... 30
SECTION 22 ANNUAL ADMINISTRATIVE LEAVE .............................................. 32
SECTION 23 VACATION BUY-BACK .................................................................. 33
SECTION 24 SICK LEAVE INCENTIVE ................................................................ 33
SECTION 25 COMPUTER VISION CARE( CVC) USERS EYE EXAM ................. 34
SECTION 26 LONG-TERM DISABILITY INSURANCE ......................................... 35
SECTION 27 ATTORNEY FIXED-TERM CLASSES ............................................. 35
SECTION 28 LAW SCHOOL STUDENT LOAN REIMBURSEMENT PROGRAM 35
SECTION 29 SERVICE AWARDS ........................................................................ 36
SECTION 30 LOSS OR DAMAGE TO PERSONAL PROPERTY ......................... 37
SECTION 31 ADOPTION ...................................................................................... 37
SECTION 32 SCOPE OF AGREEMENT AND SEVERABILITY OF PROVISIONS
32.1 Scope of Agreement ........................................................................ 37
32.2 Severability of Provisions ................................................................. 38
32.3 Personnel Management Regulations ................................................ 38
32.4 Duration of Agreement ..................................................................... 38
ATTACHMENTS
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY DISTRICT ATTORNEYS’ ASSOCIATION
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Division 34 of Board of Supervisors' Resolution No. 81/1165 and has been
jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of Contra
Costa County in employer-employee relations matters as provided in Board of
Supervisors' Resolution No. 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the Association
is the recognized representative, have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on all matters relating to the
employment conditions and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors, as the
governing board of Contra Costa County, as the joint recommendations of the
undersigned for salary and employee benefit adjustments for the term set forth herein.
DEFINITIONS
Deputy District Attorneys’ Assn 2 2015-2018
DEFINITIONS
Appointing Authority: The Department Head unless otherwise provided by statute or
ordinance.
Association: Deputy District Attorneys’ Association (DDAA).
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: Demotion is the reduction of an employee to another position in a class
having a lower salary allocation than the class previously occupied by the employee or
to a lower compensation level within the employee’s salary range.
Director of Human Resources: The person designated by the County Administrator to
serve as the Assistant County Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment, reemployment, or layoff list for
a given class.
Employee: A person who is an incumbent of a position or who is on leave of absence
in accordance with provisions of this MOU and whose position is held pending his
return.
Employment List: A list of names 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 involuntarily separated by layoff, displacement, or demoted
by displacement, or have voluntarily demoted in lieu of layoff or displacement, or have
voluntarily transferred in lieu of layoff or displacement.
Permanent-Intermittent Position: Any position that requires the services of an
incumbent for an indefinite period of time, but on an intermittent basis, as needed, paid
on an hourly basis. Notwithstanding any other provision of this MOU, permanent-
intermittent employees are entitled to an hourly wage and FLSA overtime, when
applicable, but no other pays or employment benefits, unless this MOU specifically
references “permanent-intermittent” employees for a pay or benefit.
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.
DEFINITIONS
Deputy District Attorneys’ Assn 3 2015-2018
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Position: The assigned duties and responsibilities calling for the regular full time, part-
time or intermittent employment of a person.
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 otherwise provided for in the
Personnel Management Regulations or in ordinances or resolutions governing deep
classifications.
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 or in ordinances or resolutions.
Reclassification: The act of reassignment or change in 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 nature, difficulty, or responsibility of duties performed in the position.
Reemployment List: A list of persons who have occupied positions allocated to a
class who have voluntarily separated and are qualified for consideration for
reappointment under the Personnel Management Regulations governing reemployment.
Resignation: The voluntary termination of permanent employment with the County.
Transfer: The change of an employee to another position in the same class in a
different department, or to another position in a class which is allocated to a salary
schedule the top step of which is within five (5) percent of the top step of the class
previously occupied in the same or different department or as otherwise defined in deep
class ordinances or resolutions.
Union: Deputy District Attorneys’ Association (DDAA).
SECTION 1 - ASSOCIATION RECOGNITION
The Association is the formally recognized employee organization for the representation
units listed below, and such organization has been certified as such pursuant to Board
of Supervisor’s Resolution 2008/132, dated March 11, 2008.
2KTF Deputy District Attorney – Basic Level
2KTG Deputy District Attorney – Advanced
2KWD Deputy District Attorney – Fixed Term
SECTION 2 - ASSOCIATION SECURITY
Deputy District Attorneys’ Assn 4 2015-2018
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Board of Supervisors' Resolution No. 81/1165,
only a majority representative may have dues deduction and as such the Association
has the exclusive privilege of dues deduction or agency fee deduction for all employees
in its units.
2.2 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 2.3.
2.3 Withdrawal of Membership. By notifying the Auditor-Controller's Department in
writing, between August 1 and August 31, any employee may withdraw from
Association membership and discontinue paying dues as of the payroll period
commencing September 1. Upon close of the above referenced 30 day period, the
Auditor-Controller shall submit to the Association the list of the employees who have
rescinded their authorization for dues deduction.
2.4 Communicating With Employees. Representatives of the Association, not on
County time, shall be permitted to place employee literature at designated locations in
County buildings if arranged through the Department Head or designated
representative.
2.5 Use of County Buildings. The Association shall be allowed the use of areas
normally used for meeting purposes for Association meetings during non-work hours
when:
A. Such space is available.
B. There is no additional cost to the County.
C. It does not interfere with normal County operations.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of age, sex, race, creed, color, national origin,
religion, disability, sexual orientation or Association activities against any employee or
applicant for employment by the County or by anyone employed by the County.
SECTION 4 – ASSOCIATION REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as Association
Representatives or official representatives of the Association shall be allowed to attend
meetings held by County agencies during regular working hours on County time as
follows:
SECTION 5 - SALARIES
Deputy District Attorneys’ Assn 5 2015-2018
A. If their attendance is required by the County at a specific meeting, including
meetings of the Board of Supervisors.
B. If their attendance is sought by a hearing body or presentation of testimony or
other reasons.
C. If they are designated as an Association Representative, in which case they may
utilize a reasonable time at each level of the proceedings to assist an employee
to present a grievance provided the meetings are scheduled at reasonable times
agreeable to all parties.
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, and the County agency calling the
meeting is responsible for determining that the attendance of the particular
employee(s) is required, including meetings of the Board of Supervisors and
Retirement Board where items which are within the scope of representation and
involving the Association are to be discussed.
E. Association Representatives and Association officials shall advise, as far in
advance as possible, their immediate supervisor, or his/her designee, of their
intent to engage in Association business. All arrangements for release time shall
include the location, the estimated time needed and the general nature of the
Association business involved.
F. Official representative of the Association shall be allowed time off on County time
for meetings during regular working hours when formally meeting and conferring
in good faith or consulting with the Labor Relations Manager or othe r
management representatives on matters within the scope of representation,
provided advance arrangement for the time away from the work assignment or
station are made with the appropriate Department Head. No more than four (4)
Association Representatives will be released at any one time during work hours
for this purpose.
SECTION 5 - SALARIES
5.1 General Wages.
A. Effective on October 1, 2015, the base rate of pay for all classifications
represented by the Deputy District Attorneys’ Association will be increased by
five percent (5%).
B. Effective on July 1, 2016, the base rate of pay for all classifications represented
by the Deputy District Attorneys’ Association will be increased by four and one-
half percent (4.5%).
SECTION 6 - LAYOFFS
Deputy District Attorneys’ Assn 6 2015-2018
C. Effective July 1, 2017, the base rate of pay for all classifications represented by
the Deputy District Attorneys’ Association will be increased by four and one-half
percent (4.5%).
SECTION 6 - LAYOFFS
Layoffs, if necessary, will be made pursuant to the Contra Costa County Personnel
Management Regulations, Part 12 - LAYOFF.
SECTION 7 - JURY DUTY AND WITNESS DUTY
7.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time
an employee is obligated to report to the court.
A. When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
B. Employees shall advise their department as soon as possible if scheduled to
appear for jury duty.
C. If summoned for jury duty in a 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.
D. 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 shif t
assignment and the following shall apply:
1. If an employee elects to remain in a regular pay status and waive or
surrender all fees (other than mileage), the employee shall obtain from the
Clerk or Jury Commissioner a certificate indicating the days attended and
noting that fees other than mileage are waived or surrendered. The
employee shall furnish the certificate to his department where it will be
retained as a department record. No "Absence/Overtime Record" is
required.
2. 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.
E. Employees are not permitted to engage in any employment regardless of shift
assignment or occupation before or after daily jury service that would affect their
ability to properly serve as jurors.
SECTION 8 - GRIEVANCE PROCEDURE
Deputy District Attorneys’ Assn 7 2015-2018
F. An employee on short notice standby to report to court, whose job duties make
short notice response impossible or impractical, shall be given alternate work
assignments for those days to enable them to respond to the court on short
notice.
G. When an employee is required to serve on jury duty, the County will adjust that
employee's work schedule to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee requests otherwise.
H. Permanent-intermittent employees are entitled to paid jury duty leave only for
those days on which they were previously scheduled to work.
7.2 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. 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 8 - GRIEVANCE PROCEDURE
8.1 Definition and Procedural Steps. 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. Disciplinary action shall not be the subject of a grievance
pursuant to this grievance procedure. An employee may choose to appeal disciplinary
action through the Merit Board or by any other means available outside of this MOU.
Grievances regarding promotions or claims of discrimination are not subject to the
grievance procedure. The Association may represent the grievant at any stage of the
process.
Grievances must be filed within thirty (30) calendar days of the incident or occurrence
about which the grievant claims to have a grievance and shall be processed in the
following manner:
Step 1. The Association and 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 grievant's immediate supervisor, who shall meet
SECTION 8 - GRIEVANCE PROCEDURE
Deputy District Attorneys’ Assn 8 2015-2018
with the grievant within five (5) work days of receipt of a written request to hold such
meeting.
If a grievance is not satisfactorily resolved in Step 1 above, the grievant may submit the
grievance in writing and request that a Board of Adjustment be convened, to such
management official as the Department Head may designate. This request shall be filed
no more than (10) ten days after the completion of Step 1. This formal written grievance
shall state which provision of the MOU has been misinterpreted or misapplied, how
misapplication or misinterpretation has affected the grievant to the grievant's 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 Head or his or her
designee shall have ten (10) work days in which to respond to the grievance in writing.
Step 2. BOARD OF ADJUSTMENT: Pursuant to a formal written request, as defined
above, a Board of Adjustment shall be created to be composed of two (2)
representatives of each party to this Agreement, for the purpose of passing on all
claims, disputes and grievances arising between the parties during the term of this
MOU. Said Board shall meet for consideration of any such matter referred to it within
seven (7) calendar days after receipt of said written request. For cases other than
those which are disciplinary in nature, the convening of the Adjustment Board may be
waived. The request of either party to extend the time limit for the convening of the
Board of Adjustment due to extenuating circumstances will not be unreasonably denied.
If the matter is not adjusted and is impassed, the moving party shall communicate in
writing to the other party within twenty (20) business days following the meeting of the
Board of Adjustment their desire to proceed to arbitration. Failure of the moving party to
comply with the twenty (20) business day time limit herein specified shall be deemed to
be a conclusive waiver of the grievance.
Step 3. ARBITRATION: The parties will mutually select an impartial arbitrator. If the
parties are unable to agree upon the selection of an arbitrator, they shall request a
panel of arbitrators from the California State Mediation and Conciliation Service and
they shall select an arbitrator by utilizing the strike-off method. Any fee for provision of a
panel of arbitrators shall be split equally between the parties.
Each party shall in good faith divulge to the other party all available material facts at the
time said party acquires knowledge thereof concerning the matter in dispute. Nothing
contained herein shall require either party to supply documents which are irrelevant.
All jointly-incurred arbitration expenses shall be borne by the losing party. In the event
of a dispute concerning the application of this Section, the Arbitrator shall be
empowered to determine the allocation of expenses.
8.2 Compensation Claims. The Employer is not required to pay any wage claim or
portion thereof retroactively for a period of more than six (6) months immediately prior to
the date of the Employer’s receipt, of written notice from the Union, of such claim.
8.3 Strike or Work Stoppage. During the term of this MOU, the Association, its
members and representatives, agree that it and they will not engage in, authorize,
SECTION 9 – DAYS AND HOURS OF WORK/HOLIDAYS
Deputy District Attorneys’ Assn 9 2015-2018
sanction, or support any strike, slowdown, stoppage of work, sick-out, or refusal to
perform customary duties.
8.4 The arbitrator’s decision shall be final and binding. The arbitrator shall not have
the right to alter, amend, delete or add to any of the terms of this Agreement.
SECTION 9 – DAYS AND HOURS OF WORK/HOLIDAYS
9.1 Definitions – Days and Hours of Work.
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 when the employee is
regularly scheduled to work other than eight (8) hours per day between Monday
and Friday, inclusive.
D. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour working days
and one (1) eight (8) hour day off during a workweek consisting of any seven (7)
day period, for a total of forty (40) hour per workweek.
E. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a
recurring schedule of thirty six (36) hours in one calendar week and forty four
(44) hours in the next calendar week, but only forty (40) hours in the designated
workweek. In the thirty six (36) hour calendar week, the employee works four (4)
nine (9) hour days and has the same day of the week off that is worked for eight
(8) hours in the forty four (44) hour calendar week. In the forty four (44) hour
calendar week, the employee works four (4) nine (9) hour days and one (1) eight
(8) hour day.
F. Workweek for Employees on Regular, Alternate, Flexible, and 4/10 Work
Schedules: For employees on regular, alternate, and 4/10 work schedules, the
workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday.
G. Workweek for Employees on a 9/80 Work Schedule: The 9/80 workweek
begins on the same day of the week as the employee’s eight (8) hour work day
and regularly scheduled 9/80 day off. The start time of the workweek is four (4)
hours and one (1) minute after the start time of the eight (8) hour workday. The
end time of the workweek is four (4) hours after the eight (8) hour workday start
time. The result is a workweek that is a fixed and regularly recurring period of
seven (7) consecutive twenty four (24) hour periods (168 hours).
SECTION 9 – DAYS AND HOURS OF WORK/HOLIDAYS
Deputy District Attorneys’ Assn 10 2015-2018
9.2 Timestamp: Each and every temporary and permanent intermittent employee
(hereafter called “hourly employees”) must timestamp in and out as he/she begins
his/her work shift/day, finishes his/her work shift/day, and takes meal breaks.
9.3 Accrual Usage: The use of leave accruals must be reported in one minute
increments and may not be rounded.
9.4 Automated Time Keeping:
A. The Association agrees to the implementation of an automated timekeeping
system by the County. The Association waives its right to meet and confer
regarding any impacts that result from the County’s implementation of the
automated timekeeping system. The Association agrees to convert from the
current monthly payroll procedures with an advance to a new payroll procedure
to be determined.
B. The County will ensure that the necessary equipment to allow temporary and
permanent-intermittent employees, who are paid on an hourly basis, to
“timestamp” in and out in a timely manner.
9.5 Holidays Observed. The County will observe the following holidays:
New Year's Day Labor Day
Martin Luther King Jr. Day Veterans' Day
Presidents' Day Thanksgiving Day
Memorial Day Day after Thanksgiving Day
Independence Day Christmas Day
Such other days as the Board of Supervisors may, by Resolution, designate as
holidays.
9.6 Definitions - Holidays
A. Holidays: Employees are entitled to observe a holiday (day off work), without a
reduction in pay, whenever a holiday is observed by the County. Any holiday
observed by the County that falls on a Saturday is observed on the preceding
Friday and any holiday that falls on a Sunday is observed on the following
Monday.
B. Holidays – Flexible, Alternate, 9/80, and 4/10 Work Schedules: When a
holiday falls on the regulary scheduled day off any employee who is on a flexible,
alternate, 9/80, or 4/10 work schedule, the employee is entitled to take the day
off, without a reduction in pay, in recognition of the holiday. These employees are
entitled to request another day off in recognition of their regularly scheduled day
off. The requested day off must be within the same month and work week as the
holiday and it must be pre-approved by the employee’s supervisor. If the day off
is not approved by the supervisor, it is lost. If the workday is a nine (9) hour day,
the employee must use on 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
SECTION 10 – VACATION LEAVE
Deputy District Attorneys’ Assn 11 2015-2018
leave accruals. If the employee does not have any non-sick leave accrual
balances, leave without pay (AWOP) will be authorized.
9.7 Holidays – Part-Time Employees. Permanent, part-time employees are
entitled to observe a holiday (day off work) in the same ratio as the number of hours in
the part time employee's weekly schedule bears to forty (40) hours.
A. 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 8
(hours), without a reduction in pay. For example, a part time employee whose
position hours are 24 per week is entitled to 4.8 hours off work on a holiday
(24/40 multiplied by 8 = 4.8). Hereafter, the number of hours 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 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.
9.8 Personal Holiday Credit. Employees are entitled to accrue two (2) hours of
personal holiday credit each month. This time is prorated for part time employees. No
employee may accrue more than forty (40) hours of personal holiday credit. On
separation from County service, employees are paid for any unused personal holiday
credit hours at the employee's then current rate of pay, up to a maximum of forty (40)
hours.
SECTION 10 – VACATION LEAVE
10.1 Vacation Accrual Rates. Employees are entitled to accrue paid vacation credit
not to exceed the maximum cumulative hours as follows:
Monthly Maximum
Accural 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
SECTION 11 – SICK LEAVE
Deputy District Attorneys’ Assn 12 2015-2018
10.2 Vacation Allowance for Separated Employees. On separation from County
service an employee shall be paid for any unused vacation credits at the employees
then current pay rate.
10.3 Service Award Date Defined: An employee’s Service Award Date is the first
day of his/her temporary, provisional, or permanent appointment to a position in the
County. If an employee is first appointed to a temporary or provisional position and then
later appointed to a permanent position, the Service Award Date for that employee is
the date of the first day of the temporary or provisional appointment.
Example One:
1. The employee’s Service Award Date is January 1, 1988.
2. The employee reaches 20 years of service on January 1, 2008.
3. February 1, 2008 is the date on which the employee is eligible to begin
accruing 16.66 hours of vacation time each month.
4. The increased vacation hours will first appear on the employee’s March
10, 2008 pay warrant.
Example Two:
1. An employee’s Service Award Date is February 24, 1987.
2. The employee reached 20 years of service on February 24, 2007.
3. March 1, 2007 is the date on which the employee is eligible to begin
accruing 16.66 hours of vacation time each month.
4. The increased vacation hours will first appear on the employee’s April 10,
2007 pay warrant.
SECTION 11 – SICK LEAVE
11.1 Sick Leave. Employees are entitled to accrue paid sick leave credit in
accordance with the provisions of the County Salary Regulations and Administrative
Bulletin No. 411.7 (Sick Leave Policy) adopted on October 17, 1997, as periodically
amended.
11.2 Part-Time Employees. Part-time employees are entitled to accrue paid vacation
and sick leave credit on a pro-rata basis.
SECTION 12 – LEAVE OF ABSENCE
Deputy District Attorneys’ Assn 13 2015-2018
SECTION 12 – LEAVE OF ABSENCE
12.1 Leave Without Pay. Any employee who has permanent status may be granted a
leave of absence without pay upon written request, approved by the District Attorney.
12.2 General Administration – Leave of Absence. Requests for leave without pay
shall be made upon forms prescribed by the Director of Human Resources and shall
state specfically the reason for the request, the date when it is desired to begin the
leave, and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1. Illness or disability
2. Pregnancy
3. Parental
4. To engage in a course of study which will increase the emplolyee’s skills
upon return to the position.
5. For other reasons or circumstance acceptable to the District Attorney.
B. An employee must request family care leave at least thirty (30) days before the
leave is to begin if the reason for the leave if foreseeable. If the need is not
forseeable, the employee must provide written notice to the employer within five
(5) days of learning of the event by which the need for the family care leave
arises.
C. A leave with pay may be for a period not to exceed one (1) year.
12.3 Family Care Leave or Medical Leave. Upon request to the District Attorney, in
a rolling twelve (12) month period measured backward from the date the employee uses
his/her FMLA leave, any employee who has permanent status shall be entitled to at
least twelve (12) weeks leave (less if so requested by the employee) for:
A. Medical leave of absence for the employee's own serious health condition which
makes the employee unable to perform the functions of the employee's position;
or
B. Family care leave of absence without pay for reason of the birth of a child of the
employee, the placement of a child with an employee in connection with the
adoption or foster care of the child by the employee, or the serious illness or
health condition of a child, parent, spouse, or domestic partner of the employee.
12.4 Certification. The employee may be asked to provide certification of the need
for family care leave or medical leave. Additional period(s) of family care or medical
leave may be granted by the appointing authority.
SECTION 12 – LEAVE OF ABSENCE
Deputy District Attorneys’ Assn 14 2015-2018
12.5 Intermittent Use of Leave. The twelve (12) week entitlement may be used
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. 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.
12.6 Aggregate Use for Spouse. In the situation where husband and wife are both
employed by the County, the family care of medical leave entitlement based on the
birth, adoption or foster care of a child is limited to an aggregate for both employees
together of twelve (12) weeks during a “rolling” twelve (12) month period measured
backward from the date the employee uses his/her FMLA leave. Employees requesting
family care leave are required to advise their appointing authority(ies) when their
spouse is also employed by the County.
12.7 Definitions. For medical and family care leaves of absence under this section,
the following definitions apply:
A. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or
a child who is under eighteen (18) years of age for whom an employee stands in
loco parentis or for whom the employee is the guardian or conservator, or an
adult dependent child of the employee.
B. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian,
conservator, or other person standing in loco parentis to a child.
C. Spouse: A partner in marriage as defined in California Civil Code Section 4100.
D. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom
the employee is not related and with whom the employee resides and shares the
common necessities of life.
E. Serious Health Condition: An illness, injury, impairment, or physical or mental
condition which warrants the participation of a family member to provide care
during a period of treatment or supervision and involves either inpatient care in a
hospital, hospice or residential health care facility or continuing treatment or
continuing supervision by a health care provider (e.g. physician or surgeon) as
defined by State and Federal law.
F. Certification for Family Care Leave: A written communication to the employer
from a health care provider of a person for whose care the leave is being taken
which need not identify the serious health condition involved, but shall contain:
1. the date, if known, on which the serious health condition commenced;
2. the probable duration of the condition;
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Deputy District Attorneys’ Assn 15 2015-2018
3. an estimate of the amount of time which the employee needs to render
care or supervision;
4. a statement that the serious health condition warrants the participation of
a family member to provide care during period of treatment or supervisio n;
5. if for intermittent leave or a reduced work schedule leave, the certification
should indicate that the intermittent leave or reduced leave schedule is
necessary for the care of the individual or will assist in their recovery, and
its expected duration.
G. Certification for 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:
1. the date, if known, on which the serious health condition commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to perform the functions of the
employee's job;
4. if for intermittent leave or a reduced work schedule leave, the certification
should indicate the medical necessity for the intermittent leave or reduced
leave schedule and its expected duration.
H. 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.
SECTION 13 - HEALTH, LIFE & DENTAL CARE
13.1 Health Plan Coverages: The County will provide the medical and dental
coverage for permanent employees regularly scheduled to work twenty (20) hours or
more per week and for their eligible family members, expressed in one of the Medical
Plan contracts and one of the Dental Plan contracts between the County and the
following providers:
Providers:
1. Contra Costa Health Plans (CCHP)
2. Kaiser Permanente Health Plan
3. Health Net
4. Delta Dental
5. DeltaCare (PMI)
6. High Deductible Health Plan Provider selected by the County
SECTION 13 - HEALTH, LIFE & DENTAL CARE
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Medical Plans:
All employees will have access to the following medical plans:
1. CCHP A
2. Kaiser Permanente Plan B
3. Health Net HMO Plan B
4. A High Deductible Health Plan selected by the County
The following additional medical plans will be available only to employees hired
before January 1, 2016, and will be eliminated for all employees beginning January
1, 2018:
1. CCHP Plan B
2. Kaiser Permanente Plan A
3. Health Net HMO Plan A
4. Health Net PPO- all plans
13.2 Monthly Premium Subsidy:
A. The monthly premium subsidy in effect on January 1, 2015, for each medical
and/or dental plan, is a set dollar amount and is not a percentage of the premium
charged by the plan. The County will pay the following monthly premium
subsidy:
Health & Dental Plans Employee Employee +1
Dependent
Employee +2 or
More Dependents
Contra Costa Health Plans (CCHP), Plan A $509.92 $1,214.90 $1,214.90
Contra Costa Health Plans (CCHP), Plan B $528.50 $1,255.79 $1,255.79
Kaiser Permanente Health Plans $478.91 $1,115.84 $1,115.84
Health Net HMO Plans $627.79 $1,540.02 $1,540.02
Health Net PPO Plans $604.60 $1,436.25 $1,436.25
County Selected High Deductible Health Plan $478.91 $1,115.84 $1,115.84
Delta Dental with CCHP A or B $41.17 $93.00 $93.00
Delta Dental with Kaiser or Health Net $34.02 $76.77 $76.77
Delta Dental without a Health Plan $43.35 $97.81 $97.81
DeltaCare (PMI) with CCHP A or B $25.41 $54.91 $54.91
DeltaCare (PMI) with Kaiser or Health Net $21.31 $46.05 $46.05
DeltaCare (PMI) without a Health Plan $27.31 $59.03 $59.03
B. If the County contracts with a medical or dental plan that is not listed above, the
County will determine the monthly dollar premium subsidy that it will pay to that
medical plan for employees and their eligible family members.
SECTION 13 - HEALTH, LIFE & DENTAL CARE
Deputy District Attorneys’ Assn 17 2015-2018
C. In the event that the County premium subsidy amounts are greater than one
hundred percent (100%) of the applicable premium of any medical or dental plan,
for any plan year, the County’s contribution will not exceed one hundred percent
(100%) of the applicable plan premium.
D. In the event that a provider no longer offers to the County a medical or dental
plan listed in this Section 13 or a provider and the County do not renew a medical
or dental plan listed in this Section 13, the Association agrees that the new
medical or dental plans selected by the County to replace the current plans will
be available to employees represented by the Association and the Association
agrees that the new plans will replace the medical or dental plans provided for in
this MOU. The County will give notice to the Association when any new medical
or dental plans are adopted and when they will be effective for employees
represented by the Association.
13.3 Retirement Coverage:
A. Upon Retirement:
1. Upon retirement and for the term of this agreement, eligible employees
and their eligible family members may remain in their County health/dental
plan, but without County-paid life insurance coverage, if immediately
before their proposed retirement the employees and dependents are
either active subscribers to one of the County contracted health/dental
plans or if while on authorized leave of absence without pay, they have
retained continuous coverage during the leave period. The County will
pay the Heath/Dental monthly premium subsidies for eligible retirees and
their eligible family members set forth in subsection 13.2 (Monthly
Premium Subsidy).
2. Any person who becomes age 65 on or after December 14, 2010, and
who is eligible for Medicare must immediately enroll in Medicare Parts A
and B.
3. For employees hired on or after December 14, 2010, and their eligible
family members, no monthly premium subsidy will be paid by the County
for any health or dental plan after they separate from County employment.
However, any such eligible employee who retires under the Contra Costa
County Employees’ Retirement Association (“CCCERA”) may retain
continuous coverage of a county health or dental plan provided that (i) he
or she begins to receive a monthly retirement allowance from CCCERA
within one hundred twenty (120) days of separation from County
employment and (ii) he or she pays the full premium cost under the health
or dental plan without any County premium subsidy.
B. Employees Who File For Deferred Retirement. Employees, who resign and file
for a deferred retirement and their eligible family members, may continue in their
County group health and dental plan under the following conditions and
limitations.
SECTION 13 - HEALTH, LIFE & DENTAL CARE
Deputy District Attorneys’ Assn 18 2015-2018
1. Health and dental coverage during the deferred retirement period is totally
at the expense of the employee, without any County contributions.
2. Life insurance coverage is not included.
3. To continue health and dental coverage, the employee must:
a. be qualified for a deferred retirement under the 1937 Retirement
Act provisions;
b. be an active member of a County group health and/or dental plan at
the time of filing their deferred retirement application and elect to
continue plan benefits;
c. be eligible for a monthly allowance from the Retirement System and
direct receipt of a monthly allowance within twenty-four (24) months
of application for deferred retirement; and
d. file an election to defer retirement and to continue health benefits
hereunder with the County Benefits Division within thirty (30) days
before separation from County service.
4. Deferred retirees who elect continued health benefits hereunder and their
eligible family members may maintain continuous membership in their
County health and/or dental plan group during the period of deferred
retirement by paying the full premium for health and dental coverage on or
before the 10th of each month, to the Contra Costa County Auditor-
Controller. When the deferred retirees begin to receive retirement
benefits, they will qualify for the same health and/or dental plan coverage
pursuant to Subsection 13.3 (Retirement Coverage) paragraph A as
similarly situated retirees who did not defer retirement are entitled.
5. Deferred retirees may elect health benefits hereunder without electing to
maintain participation in their County health and/or dental plan during their
deferred retirement period. When the deferred retirees begin to receive
retirement benefits, they will qualify for the same health and/or dental
coverage pursuant to Subsection 13.3 (Retirement Coverage) paragraph
A as similarly situated retirees who did not defer retirement, provided
reinstatement to a County group health and/or dental plan will only occur
following a three (3) full calendar month waiting period after the month in
which their retirement allowance commences.
6. Employees who elect deferred retirement will not be eligible in any event
for County health or dental plan subvention unless the member draws a
monthly retirement allowance within twenty-four (24) months after
separation from County service.
SECTION 13 - HEALTH, LIFE & DENTAL CARE
Deputy District Attorneys’ Assn 19 2015-2018
7. Deferred retirees and their eligible family members are required to meet
the same eligibility provisions for health/dental coverage as similarly
situated retirees who did not defer retirement.
C. Employees Hired After December 31, 2006 - Eligibility for Retiree Health
Coverage: All employees hired after December 31, 2006 are eligible for retiree
health/dental coverage pursuant to subsection 13.3 (Retirement Coverage)
paragraphs (A) and (B), above, upon completion of fifteen (15) years of service
as an employee of Contra Costa County. For purposes of retiree health
eligibility, one (1) year of service is defined as one thousand (1,000) hours
worked within one anniversary year. The existing method of crediting service
while an employee is on an approved leave of absence will continue for the
duration of this Agreement.
D. Subject to the provisions of subsection 13.3 (Retirement Coverage) paragraphs
A, B, and C and upon retirement, the following employees (and their eligible
family members) are eligible to receive a monthly premium subsidy for health and
dental plans or are eligible to retain continuous coverage of such plans:
employees, and each employee who retires from a position or classification that
was represented by this bargaining unit at the time of his or her retirement.
E. For purposes of this subsection 13.3 (Retirement Coverage) only, “eligible family
members” does not include Survivors of employees or retirees.
13.4 Health Plan Coverages and Provisions. The following provisions are
applicable regarding County Health and Dental Plan participation:
A. Health, Dental and Life Participation by Other Employees: Permanent
part-time employees working nineteen (19) hours per week or less may
participate in the County Health or Dental plans (with the associated life
insurance benefit) at the employee’s full expense.
B. Coverage Upon Separation: An employee who separates from County
employment is covered by his/her County health and/or dental plan
through the last day of the month in which he/she separates. Employees
who separate from County employment may continue group health and/or
dental plan coverage to the extent provided by the COBRA laws and
regulations.
13.5 Family Member Eligibility Criteria: The following persons may be enrolled as
the eligible Family Members of a medical or dental plan Subscriber:
A. Health Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s child to age 26
d. Employee’s Disabled Child who is:
SECTION 13 - HEALTH, LIFE & DENTAL CARE
Deputy District Attorneys’ Assn 20 2015-2018
(1) over age 26,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a physical
or mental disability that existed prior to the child’s
attainment of age 19.
2. “Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified
Medical Child Support Order (QMCSO) or similar court order.
B. Dental Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s unmarried child who is:
(1) Under age 19; or
(2) Age 19, or above, but under age 24; and,
i. Resides with the Employee for more than 50% of the
year excluding time living at school; and,
ii. Receives at least 50% of support from Employee;
and,
iii. Is enrolled and attends school on a full-time basis, as
defined by the school.
d. Employee’s Disabled Child who is:
(1) Over age 19,
i. Unmarried; and,
ii. Incapable of sustaining employment due to a physical
or mental disability that existed prior to the child’s
attainment of age 19.
2. “Employee’s child” includes natural child, child of a qualified domestic
partner, step-child, adopted child and a child specified in a Qualified
Medical Child Support Order (QMCSO) or similar court order.
13.6 Dual Coverage.
A. Each employee and retiree may be covered only by a single County health (or
dental) plan, including a CalPERS plan. For example, a County employee may
be covered under a single County health and/or dental plan as either the primary
insured or the dependent of another County employee or retiree, but not as both
the primary insured and the dependent of another County employee or retiree.
B. All dependents as defined in Section 13.5 Family Member Eligibility Criteria, may
be covered by the health and/or dental plan of only one spouse or one domestic
partner. For example, when both husband and wife are County employees, all of
SECTION 13 - HEALTH, LIFE & DENTAL CARE
Deputy District Attorneys’ Assn 21 2015-2018
their eligible children may be covered as dependents of either the husband or the
wife, but not both.
C. For purposes of this subsection 13.6 (Dual Coverage) only, “County” includes the
County of Contra Costa and all special districts governed by the Board of
Supervisors, including, but not limited to, the Contra Costa County Fire
Protection District.
13.7 Medical Plan Cost-Sharing on and after January 1, 2016.
A. For the plan year that begins on January 1, 2016, the County will pay the monthly
premium subsidy for medical plans stated in subsection 13.2.A., and adjust the
amounts paid by the County so that the employee cost for the 2016 plan year
does not increase and in recognition of the increases to the Employee Plus Two
or More Dependents medical premiums caused by the shift to a three-tier plan
structure. In total, the County will pay the following amounts for the 2016 plan
year:
Medical Plans Employee Employee +1
Dependent
Employee +2 or
More Dependents
Contra Costa Health Plans (CCHP), Plan A $530.56 $1,049.81 $1,646.89
Contra Costa Health Plans (CCHP), Plan B $549.42 $1,068.65 $1,737.03
Kaiser Permanente Health Plan A $435.38 $803.96 $1,493.79
Kaiser Permanente Health Plan B $445.04 $881.68 $1,407.40
Health Net HMO Plan A $669.34 $1,131.34 $2,280.09
Health Net HMO Plan B $662.01 $1,280.20 $2,060.75
Health Net PPO Plan A $727.94 $1,112.03 $2,755.43
Health Net PPO Plan B $715.64 $1,144.40 $2,623.86
County Selected High Deductible Health Plan $447.04 $916.72 $1,387.40
B. For the plan year that begins on January 1, 2017, and for the term of this
agreement, if there is an increase in the monthly premium, including any plan
premium penalty, charged by a medical plan, the County and the employee will
each pay fifty percent (50%) of the monthly increase that is above the amount of
the 2016 plan premium. The fifty percent (50%) share of the monthly medical
plan increase paid by the County is in addition to the amounts paid by the County
in subsection 13.7.A. for medical plans. If the monthly premium charged for a
Kaiser Permanente Plan B tier is less than the amount paid by the County
pursuant to subsection 13.7.A. for that tier, then the difference (100% of the
savings) will be divided equally among the other Kaiser Permanente Plan B tiers.
The savings amount will be added to the medical plan premium cost-sharing
increase amounts paid by the County in a plan year.
C. 2016 Plan Premium Amounts: For purposes of calculating the County and
Employee cost-sharing increases described in subsection13.7.B, above, the
following are the 2016 total monthly medical plan premium amounts:
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Medical Plans Employee Employee +1
Dependent
Employee +2 or
More Dependents
Contra Costa Health Plans (CCHP), Plan A $657.08 $1,314.15 $1,971.23
Contra Costa Health Plans (CCHP), Plan B $728.38 $1,456.77 $2,185.15
Kaiser Permanente Health Plan A $749.80 $1,499.60 $2,249.39
Kaiser Permanente Health Plan B $585.68 $1,171.36 $1,757.04
Health Net HMO Plan A $1,208.76 $2,417.52 $3,626.27
Health Net HMO Plan B $840.55 $1,681.10 $2,521.65
Health Net PPO Plan A $1,643.40 $3,286.80 $4,930.20
Health Net PPO Plan B $1,479.47 $2,958.94 $4,438.40
13.8 Life Insurance Benefit Under Health and Dental Plans. For employees who
are enrolled in the County’s program of medical or dental coverage as either the primary
or the dependent, term life insurance in the amount of ten thousand dollars ($10,000)
will be provided by the County. For Deputy District Attorneys, additional Group Term
Life Insurance in the amount of forty-five thousand dollar ($45,000) will be provided by
the County.
13.9 Supplemental Life Insurance. In addition to the life insurance benefits provided
by this agreement, employees may subscribe voluntarily and at their own expense for
supplemental life insurance. Employees may subscribe for an amount not to exceed
five hundred thousand dollars ($500,000), of which one hundred thousand ($100,000) is
a guaranteed issue, provided the election is made within the required enrollment
periods.
13.10 Health Care Spending Account. After six (6) months of permanent
employment, full and part-time (20/40 or greater) employees may elect to participate in
a Health Care Spending Account (HCSA) Program designated to qualify for tax savings
under Section 125 of the Internal Revenue Code, but such savings are not guaranteed.
The HCSA Program allows employees to set aside a predetermined amount of money
from their pay, not to exceed the maximum amount authorized by federal law, per
calendar year, of before tax dollars, for health care expenses not reimbursed by any
other health benefit plans. HCSA dollars may be expended on any eligible medical
expenses allowed by Internal Revenue Code Section 125. Any unused balance is
forfeited and cannot be recovered by the employee.
13.11 PERS Long-Term Care. The County will deduct and remit monthly premiums to
the PERS Long-Term Care Administrator for employees who are eligible and voluntarily
elect to purchase long-term care at their personal expense through the PERS Long-
Term Care Program.
13.12 Dependent Care Assistance Program. The County offers the option of
enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax
savings under Section 129 of the Internal Revenue Code, but such savings are not
guaranteed. The program allows employees to set aside a predetermined amount of
annual salary not to exceed the lesser of either five thousand dollars ($5,000) or the
SECTION 13 - HEALTH, LIFE & DENTAL CARE
Deputy District Attorneys’ Assn 23 2015-2018
maximum amount authorized by federal law, per calendar year, of before tax dollars to
pay for eligible dependent care (child and elder care) expenses. Any unused balance is
forfeited and cannot be recovered by the employee.
13.13 Premium Conversion Plan. The County offers the Premium Conversion Plan
(PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue
Code, but tax savings are not guaranteed. The program allows employees to use pre-
tax dollars to pay health and dental premiums.
13.14 Prevailing Section. To the extent that any provision of this Section 13 (Health,
Life and Dental Care) is inconsistent with any provision of any other County enactment
or policy, including but not limited to Administrative Bulletins, the Salary Regulations,
the Personnel Management Regulations, or any other agreement or order of the Board
of Supervisors, the provision(s) of this Section 13 (Health, Life and Dental Care) will
prevail.
13.15 Rate Information. The County Benefits Division will make health and dental
plan rate information available upon request to employees and departments. In
addition, the County Benefits Division will publish and distribute to employees and
departments information about rate changes as they occur during the year.
13.16 Partial Month. The County's contribution to the health plan premium is payable
for any month in which the employee is paid. If an employee is not paid enough
compensation in a month to pay the employee share of the premium, the employee
must make up the difference by remitting the amount delinquent to the Auditor-
Controller. The responsibility for this payment rests with the employee. If payment is
not made, the employee shall be dropped from the health plan.
13.17 Coverage During Absences. Employees shall be allowed to maintain their
health plan coverage at the County group rate for twelve (12) months if on approved
leave of absence provided that the employee shall pay the entire premium (i.e. both
employer and employee share) for the health plan during said leave. Said payment
shall be made by the employee at a time and place specified by the County. Late
payment shall result in cancellation of health plan coverage.
An employee on leave in excess of twelve (12) months may continue group coverage
subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act
(COBRA) provided the employee pays the entire cost of coverage, plus any
administrative fees, for the option selected. The entire cost of coverage shall be paid at
a place and time specified by the County. Late payment may result in cancellation of
health plan coverage with no reinstatement allowed.
13.18 Child Care. The County will continue to support the concept of non-profit child
care facilities similar to the “Kid’s at Work” program established in the Public Works
Department.
13.19 Health Benefit Coverage for Permanent Intermittent Employees . To access
County health coverage, permanent intermittent employees represented by the
Association must be eligible to receive an offer of coverage from the County under the
SECTION 14 – CATASTROPHIC LEAVE BANK
Deputy District Attorneys’ Assn 24 2015-2018
federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081).
Employees eligible to receive an offer of coverage (and qualified dependents), will be
offered access to the County’s lowest cost, single individual health insurance plan as
determined by the County. Employees will be responsible for the full premium cost of
coverage. This provision is not subject to the grievance process.
SECTION 14 – CATASTROPHIC LEAVE BANK
14.1 Program Design. All employees are included in the Catastrophic Leave Bank
and may designate a portion of accrued vacation, compensatory time, holiday
compensatory time, or personal holiday credit to be deducted from the donor's existing
balances and credited to the bank or to a specific eligible employee.
A. The County Human Resources Department operates a Catastrophic Leave Bank
which is designed to assist any County employee who has exhausted all paid
accruals due to a serious or catastrophic illness, injury, or condition of the
employee or family member. The program establishes and maintains a
Countywide bank wherein any employee who wishes to contribute may authorize
that a portion of his/her accrued vacation, compensatory time, holiday
compensatory time or personal holiday credit be deducted from those account(s)
and credited to the Catastrophic Leave Bank. Employees may donate hours
either to a specific eligible employee or to the bank. Upon approval, credits from
the Catastrophic Leave Bank may be transferred to a requesting employee's sick
leave account so that employee may remain in paid status for a longer period of
time, thus partially ameliorating the financial impact of the illness, injury or
condition. Catastrophic illness or injury is defined as a critical medical condition,
a long-term major physical impairment or disability that manifests itself during
employment.
B. The plan is administered under the direction of the Director of Human Resources.
The Human Resources Department is responsible for receiving and recording all
donations of accruals and for initiating transfer of credits from the Bank to the
recipient's sick leave account. Disbursement of accruals is subject to the
approval of a six (6) member committee composed of three (3) members
appointed by the County Administrator and three (3) members appointed by the
majority representative employee organizations. The committee will meet as
necessary to consider all requests for credits and will make determinations as to
the appropriateness of the request. The committee will determine the amount of
accruals to be awarded for employees whose donations are non-specific.
Consideration of all requests by the committee will be on an anonymous
requester basis.
C. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the
form of sick leave accruals and will be treated as regular sick leave accruals.
D. To receive credits under this plan, an employee must have permanent status,
have exhausted all time off accruals to a level below eight (8) hours total, have
applied for a medical leave of absence, and have medical verification of need.
SECTION 15 – TRAVEL REIMBURSEMENT
Deputy District Attorneys’ Assn 25 2015-2018
E. Donations are irrevocable unless the donation to the eligible employee is denied.
Donations may be made in hourly blocks with a minimum donation of not less
than four (4) hours from balances in the vacation, holiday, personal holiday,
compensatory time or holiday compensatory time accounts. Employees who
elect to donate to a specific individual will have seventy-five percent (75%) of
their donation credited to the individual and twenty-five percent (25%) credited to
the Catastrophic Leave Bank.
F. Time donated will be converted to a dollar value and the dollar value will be
converted back to sick leave accruals at the recipient's base hourly rate when
disbursed. Credits will not be on a straight hour-for-hour basis. All computations
will be on a standard 173.33 basis, except that employees on other than a forty
(40) hour week will have hours prorated according to their status.
G. Each recipient is limited to a total of one thousand forty (1040) hours or its
equivalent per catastrophic event; each donor is limited to one hundred twenty
(120) hours per calendar year.
H. All appeals from either a donor or recipient will be resolved on a final basis by the
Director of Human Resources.
I. No employee has any entitlement to catastrophic leave benefits. The award of
Catastrophic Leave is at the sole discretion of the committee, both as to amounts
of benefits awarded and as to persons awarded benefits. Benefits May be
denied, or awarded for less than six (6) months. The committee may limit
benefits in accordance with available contributions and choose from among
eligible applicants on an anonymous basis those who will receive benefits,
except for hours donated to a specific employee. In the event a donation is
made to a specific employee and the committee determines the employee does
not meet the Catastrophic Leave Bank criteria, the donating employee may
authorize the hours to be donated to the bank or returned to the donor's account.
The donating employee has fourteen (14) calendar days from notification to
submit his/her decision regarding the status of their donation, or the hours will be
irrevocably transferred to the Catastrophic Leave Bank.
J. Any unused hours transferred to a recipient will be returned to the Catastrophic
Leave Bank.
SECTION 15 – TRAVEL REIMBURSEMENT
The County will pay a mileage allowance for the use of personal vehicles on County
business at the rate allowed by the Internal Revenue Service (IRS) as a tax deductible
expense, 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 IRS, whichever is
later. This section will be administered in accordance with Administrative Bulletin 111.7.
SECTION 16 – RETIREMENT
Deputy District Attorneys’ Assn 26 2015-2018
SECTION 16 – RETIREMENT
16.1 Contribution. Effective on September 1, 2012, employees are responsible for
the payment of one hundred percent (100%) of the employees’ basic retirement benefit
contributions determined annually by the Board of Retirement of the Contra Costa
County Employees’ Retirement Association, without the County paying any part of the
employees’ contribution. Employees are also responsible for the payment for the
employees’ contributions to the retirement cost of living program as determined annually
by the Board of Retirement, without the County paying any part of the employees’
contributions. The County is responsible for one hundred percent (100%) of the
employer’s retirement contributions determined annually by the Board of Retirement.
16.2 414H2 Participation. The County will continue to implement 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.
16.3 Retirement Benefits – Employees Who Become Members of CCCERA After
December 31, 2012.
A. For employees who become members of the Contra Costa County Employees
Retirement Association (CCCERA) after December 31, 2012, retirement benefits
are governed by the California Public Employees Pension Reform Act of 2013
(PEPRA), (Chapters 296, 297, Statutes of 2012). To the extent PEPRA conflicts
with any provision of this Agreement, PEPRA will govern.
B. For employees who become members of the Contra Costa County Employees
Retirement Association (CCCERA) after December 31, 2012, 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. The County will seek legislation amending the County Employees Retirement
Law of 1937 to clarify that the current Tier III disability provisions apply to
employees who, under PEPRA, become New Members of CCCERA. As soon as
feasible, the County and the Association shall work actively and cooperatively, in
good faith, in support of the legislation. The Association must support the
legislation, in addition to the County, by calling and sending a letter (on
Association 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 Association must testify in support of the bill before the state
legislative committees considering the bill. The parties’ obligation hereunder
shall continue until the effective date of such legislation, notwithstanding the
failure to obtain such legislation in any particular legislative session, unless
otherwise mutually agreed upon by the County and the Association.
SECTION 17 – PROFESSIONAL EXPENSES
Deputy District Attorneys’ Assn 27 2015-2018
SECTION 17 – PROFESSIONAL EXPENSES
17.1 The County shall reimburse each Deputy District Attorney up to a maximum of
six hundred dollars ($600) for each fiscal year for the following types of expenses:
membership dues in legal, professional associations; purchase of legal publications;
legal on-line computer services; and training and travel costs for educational courses
related to the duties of a Deputy District Attorney; and software and hardware from a
standardized County approved list or with Department Head approval. Each Deputy
District Attorney agrees to comply with the provisions of the Computer Use and Security
Policy adopted by the Board of Supervisors. Certification regarding compliance with the
County’s Computer Use and Security Policy may be required.
The reimbursement of training expenses includes books and is governed by any
Administrative Bulletins on Travel or Training.
Each professional development reimbursement request must be approved by the
Department Head and submitted through the regular demand process. Demands must
be accompanied by proof of payment (copy of invoice or receipt).
Any unused accrual may be carried forward to the next fiscal year up to eight hundred
dollars ($800).
17.2 The County will pay, on behalf of Deputy District Attorneys, California State Bar
membership dues (but not penalty fees) and for criminal specialization fees. To be
eligible, an employee must be employed as a Deputy District Attorney with the Contra
Costa County District Attorney’s Office as of January 1 of each calendar year.
The Office of the District Attorney will notify the Auditor-Controller by January 10th of
each year the count of eligible attorneys and the amount to be paid to the State Bar.
The Auditor-Controller will prepare one check to the State Bar of California for annual
membership dues by January 20th.
The Office of the District Attorney will process payment and any required documentation
to the State Bar of California by January 30, of each year.
SECTION 18 – BILINGUAL PAY DIFFERENTIAL
A monthly salary differential will be paid to incumbents of positions requiring bilingual
proficiency as designated by the Appointing Authority and the Director of Human
Resources. The differential will be prorated for employees working less than full time
and/or on an unpaid leave of absence during any given month. The differential is one
hundred dollars ($100.00) per month.
Designation of positions for which bilingual proficiency is required is the sole prerogative
of the County, and such designations may be amended or deleted at any time.
SECTION 19 – WORKERS’ COMPENSATION
Deputy District Attorneys’ Assn 28 2015-2018
SECTION 19 – WORKERS’ COMPENSATION
A permanent non-safety employee shall continue to receive the appropriate percent of
regular monthly salary for all accepted claims filed before January 1, 2000. For all
accepted claims filed with the County on or after January 1, 2000, the percentage of pay
for employees entitled to Workers’ Compensation shall be decreased from eighty-seven
percent (87%) to eighty-six percent (86%). For all accepted claims filed with the County
on or after January 1, 2007, the percentage of regular monthly salary for employees
entitled to Workers’ Compensation shall be decreased from eighty-six percent (86%) to
eighty percent (80%). For all accepted claims filed with the County on or after January
1, 2008, the percentage of regular monthly salary for employees entitled to Workers’
Compensation shall be decreased from eighty percent (80%) to seventy-five percent
(75%). If Workers’ Compensation becomes taxable, the County agrees to restore the
original benefit level (100% of monthly salary) and the parties shall meet and confer with
respect to funding the increased cost.
A. Waiting Period. 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 date of injury, the waiting period will be the first
three (3) calendar days the employee does not work as a result of the injury. The
time the employee is scheduled to work during this waiting period will be charged
to the employee's sick leave and/or vacation accruals. In order to qualify for
Workers' Compensation the employee must be under the care of a physician.
Temporary compensation is payable on the first three (3) days of disability when
the injury necessitates hospitalization, or when the disability exceeds fourteen
(14) days.
B. Continuing Pay. Permanent employees shall continue to receive the appropriate
percentage as outlined above of their regular monthly salary during any period of
compensable temporary disability not to exceed one year. Payment of continuing
pay and/or temporary disability compensation shall be made in accordance with
Part 2, Article 3 of the Workers’ Compensation Laws of California.
"Compensable temporary disability absence" for the purpose of this Section, is
any absence due to work connected disability which qualifies for temporary
disability compensation under Workers' Compensation Law set forth in Part 2,
Article 3 of the Workers’ Compensation Laws of California.. When any disability
becomes medically permanent and stationary and/or maximum medical
improvement, the salary provided in this Section shall terminate. No charge shall
be made against sick leave or vacation for these salary payments. Sick leave
and vacation rights shall not accrue for those periods during which continuing
pay is received.
The County contribution to the employee’s group medical plan shall continue
during any period of compensable temporary disability absence.
Employees shall be entitled to a maximum of one (1) year of continuing pay
benefits for any one (1) injury or illness.
SECTION 19 – WORKERS’ COMPENSATION
Deputy District Attorneys’ Assn 29 2015-2018
C. Continuing pay begins at the same time that temporary Workers' Compensation
benefits commence and continues until either the member is declared medically
permanent/stationary and/or reaches maximum medical improvement, or until
one (1) year of continuing pay, whichever comes first, provided the employee
remains in an active employed status. Continuing pay is automatically terminated
on the date an employee is separated from County service by resignation,
retirement, layoff, or the employee is no longer employed by the County. In these
instances, employees will be paid Workers’ Compensation benefits as prescribed
by Workers’ Compensation laws. All continuing pay will be cleared through the
County Administrator's Office, Risk Management Division.
Whenever an employee who has been injured on the job and has returned to
work is required by an attending physician to leave work for treatment during
working hours the employee shall be allowed time off up to three (3) hours for
such treatment without loss of pay or benefits provided the employee notifies his
supervisor of the appointment at least three (3) working days prior to the
appointment or as soon as the employee aware the appointment has been made.
Said visits are to be scheduled contiguous to either the beginning or end of the
scheduled work day whenever possible. This provision applies only to
injuries/illnesses that have been accepted by the County as work related.
D. Applicable Pay Beyond One Year. If an injured employee remains eligible for
temporary disability beyond one (1) year, 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 and/or reaches maximum medical
improvement, will continue to receive applicable salary by integrating sick leave
and/or vacation accruals with Workers' Compensation Rehabilitation Temporary
Disability benefits until those accruals are exhausted.
Thereafter, the Rehabilitation Temporary Disability benefits will be paid directly to
the employee.
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
SECTION 20 – LONGEVITY PAY
Deputy District Attorneys’ Assn 30 2015-2018
SECTION 20 – LONGEVITY PAY
A. Longevity Differential. Permanent, full-time and part-time employees who have
completed ten (10) years of Contra Costa County service will receive a two and
one-half percent (2.5%) longevity differential effective on the first day of the
month following the month in which the employee qualifies for the ten (10) year
service award.
B. Longevity Differential. Permanent, full-time and part-time employees who have
completed fifteen (15) years of Contra Costa County service will receive a two
and one-half percent (2.5%) longevity differential effective on the first day of the
month following the month in which the employee qualifies for the fifteen (15)
year service award.
C. Longevity Differential. Permanent, full-time and part-time employees who have
completed twenty (20) years of Contra Costa County service will receive a two
percent (2%) longevity differential effective on the first day of the month following
the month in which the employee qualifies for the twenty (20) year service award.
For those employees who completed twenty (20) years of service on or before
November 1, 2012, this longevity differential will be paid prospectively only from
November 1, 2012.
SECTION 21 – DEFERRED COMPENSATION INCENTIVE
A. The County will contribute eighty-five dollars ($85) per month to each employee
who participates in the County’s Deferred Compensation Plan. To be eligible for
this Deferred Compensation Incentive, the employee must contribute to the
deferred compensation plan as indicated below.
Employees with Current
Monthly Salary of:
Qualifying Base
Contribution Amount
Monthly Contribution
Required to Maintain
Incentive Program Eligibility
$2,500 and below
$2,501 – 3,334
$3,335 – 4,167
$4,168 – 5,000
$5,001 – 5,834
$5,835 – 6,667
$6,668 and above
$250
$500
$750
$1,000
$1,500
$2,000
$2,500
$50
$50
$50
$50
$100
$100
$100
Employees who discontinue contributions or who contribute less than the
required amount per month for a period of one (1) month or more will no
longer be eligible for the eighty-five dollar ($85) Deferred Compensation
Incentive. To reestablish eligibility, employees must again make a Base
Contribution Amount as set forth above based on current monthly salary.
Employees with a break in deferred compensation contributions either
SECTION 21 – DEFERRED COMPENSATION INCENTIVE
Deputy District Attorneys’ Assn 31 2015-2018
because of an approved medical leave or an approved financial hardship
withdrawal will not be required to reestablish eligibility. Further, employees
who lose eligibility due to displacement by layoff, but maintain contributions at
the required level and are later employed in an eligible position, will not be
required to reestablish eligibility.
B. Special Benefit for Permanent Employees Hired on and after January 1, 2011:
1. Beginning on April 1, 2011 and for the term of this Agreement, the County
will contribute one hundred and fifty dollars ($150) per month to an
employee’s account in the Contra Costa County Deferred Compensation
Plan, or other tax-qualified savings program designated by the County, for
employees who meet all of the following conditions:
a. The employee must be hired by Contra Costa County on or after
January 1, 2011.
b. The employee must be appointed to a permanent position. The
position may be either full time or part time, but if it is part time, it
must be designated, at a minimum, as 20 hours per week.
c. The employee must have been employed by Contra Costa County
for at least 90 calendar days.
d. The employee must contribute a minimum of twenty-five dollars
($25) per month to the Contra Costa County Deferred
Compensation Plan, or other tax-qualified savings program
designated by the County.
e. The employee must complete and sign the required enrollment
form(s) for his/her deferred compensation account and submit
those forms to the Human Resources Department, Employee
Benefits Services Unit.
f. The employee may not exceed the annual maximum contribution
amount allowable by the United States Internal Revenue Code.
C. No Cross Crediting: The amounts contributed by the employee and the County
pursuant to Subsection B do not count towards the “Qualifying Base Contribution
Amount” or the “Monthly Contribution Required to Maintain Incentive Program
Eligibility” in Subsection A. Similarly, the amounts contributed by the employee
and the County pursuant to Subsection A do not count towards the employee’s
$25 per month minimum contribution required by Subsection B.
D. Maximum Annual Contribution: All of the employee and County contributions set
forth in Subsections A and B will be added together to ensure that the annual
maximum contribution to the employee’s deferred compensation account does
not exceed the annual maximum contribution rate set forth in the United States
Internal Revenue Code.
SECTION 22 – ANNUAL ADMINISTRATIVE LEAVE
Deputy District Attorneys’ Assn 32 2015-2018
E. Deferred Compensation Plan – Loan Provision: On June 26, 2012 the Board of
Supervisors adopted Resolution 2012/298 approving a side letter with the
Coalition Unions to allow a Deferred Compensation Plan Loan Program effective
June 26, 2012. The following is a summary of the provisions of the loan program:
1. The minimum amount of the loan is $1,000.
2. The maximum amount of the loan is the lesser of 50% of the employee’s
balance or $50,000, or as otherwise provided by law.
3. The maximum amortization period of the loan is five (5) years.
4. The loan interest is fixed at the time the loan is originated and for the
duration of the loan. The loan interest rate is the prime rate plus one
percent (1%).
5. There is no prepayment penalty if an employee pays the balance of the
loan plus any accrued interest before the original amortization period for
the loan.
6. The terms of the loan may not be modified after the employee enters into
the loan agreement, except as provided by law.
7. An employee may have only one loan at a time.
8. Payment for the loan is made by monthly payroll deduction.
9. An employee with a loan who is not in paid status (e.g. unpaid leave of
absence) may make his/her monthly payments directly to the Plan
Administrator by some means other than payroll deduction each month
the employee is in an unpaid status (e.g. by a personal check or money
order).
10. The Loan Administrator (MassMutual Life Insurance Company or its
successor) charges a one-time $50 loan initiation fee. This fee is deducted
from the employee’s Deferred Compensation account.
11. The County charges a one-time $25 loan initiation fee and a monthly
maintenance fee of $1.50. These fees are paid by payroll deduction. The
County’s website provides employees with the following information:
a. Deferred Compensation Loan Provision
b. FAQ’s for the Loan Provision including loan status upon
termination of employment and the consequences of
defaulting on a loan
c. Pros and Cons of borrowing from the Deferred
Compensation Plan
d. Loan Application and Agreement
SECTION 22 – ANNUAL ADMINISTRATIVE LEAVE
A. On January 1st of each year, full-time employees in paid status and in the
classifications of District Attorney – Basic Level, Deputy District Attorney –
Advanced, and Deputy District Attorney Fixed Term will be credited with ninety
four (94) hours of paid Administrative Leave. Employees appointed after July 1 st
will be credited for forty seven (47) hours of annual administrative leave on the
first succeeding January 1st and will be credited for ninety four (94) hours
annually thereafter. Annual Administrative leave must be used during the
SECTION 23 – VACATION BUY-BACK
Deputy District Attorneys’ Assn 33 2015-2018
calendar year in which it is credited and any unused hours may not be carried
forward.
B. Permanent part-time employees are eligible for administrative leave on a
prorated basis, based upon their position hours. Permanent-intermittent
employees are not eligible for administrative leave.
C. Employees appointed (hired or promoted) are eligible for administrative leave on
the first day of the month following their appointment date and will receive annual
administrative leave in accordance with subsection A., above.
SECTION 23 – VACATION BUY-BACK
A. For Employees Hired Before January 1, 2012:
Deputy District Attorney – Basic Level, Deputy District Attorney – Advanced, and
Deputy District Attorney Fixed Term, may elect payment of 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 is based on an hourly
rate determined by dividing the employee's monthly salary by 173.33; and (3) the
maximum number of vacation hours that may be paid in any calendar year is
one-third (1/3) of the annual accrual.
Where a lump-sum payment is made to employees as a retroactive general
salary adjustment for a portion of a calendar year that is subsequent to the
exercise by an employee of the vacation buy-back provision herein, that
employee's vacation buy-back will 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 includes the effective
date of the vacation buy-back.
B. For Employees Hired On and After January 1, 2012.
Employees promoted or hired by the County into any classification represented
by the Deputy District Attorneys Association on and after January 1, 2012, are
not eligible for the Vacation Buy-Back benefit. However, any employee who was
eligible for a Vacation Buy-Back benefit before promoting into a classification
represented by the Deputy District Attorneys Association will retain that benefit
after promoting into a classification represented by the Deputy District Attorneys
Association.
SECTION 24 – SICK LEAVE INCENTIVE
Employees may be eligible for a payoff of a part 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
SECTION 25 – COMPUTER VISION CARE (CVC) USERS EYE EXAM
Deputy District Attorneys’ Assn 34 2015-2018
must be approved by the Director of Human Resources, and is subject to the following
conditions:
A. The employee must have resigned in good standing.
B. Payout is not available if the employee is eligible to retire.
C. The balance of sick leave at resignation must be at least seventy percent (70%)
of accruals earned in the preceding continuous period of employment excluding
any sick leave use covered by the Family and Medical Leave Act, the California
Family Rights Act, or the California Pregnancy Disability Act.
D. Payout is by the following schedule:
Years of Payment of Unused
Continuous ServiceSick Leave Payable
3 - 5 years 30%
5 - 7 years 40%
7 plus years 50%
E. No payoff will be made pursuant to this section unless the Contra Costa County
Employees' Retirement Association has certified that an employee requesting a
sick leave payoff has terminated membership in, and has withdrawn his or her
contributions from, the Retirement Association.
F. It is the intent of the Board of Supervisors that payment pursuant to this section
precludes County retirement benefits resulting from employment by this County
or Districts governed by the Board.
SECTION 25 – COMPUTER VISION CARE (CVC) USERS EYE EXAM
Employees are eligible to receive an annual eye examination on County time and 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 make their request
through the Benefits Service Unit of the County Human Resources Department. Should
prescription CVC eyeglasses be prescribed for the employee following the examination,
the County agrees to provide, at no cost, basic CVC eye wear consisting of a fifty dollar
($50) frame and single, bifocal or trifocal lenses. Employees may, through individual
arrangement between the employee and the employees' doctor and solely at the
employee's expense, include blended lenses and other care, services or materials not
covered by the Plan.
SECTION 26 – LONG-TERM DISABILITY INSURANCE
Deputy District Attorneys’ Assn 35 2015-2018
SECTION 26 – LONG-TERM DISABILITY INSURANCE
The County will continue in force 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.
SECTION 27– ATTORNEY FIXED-TERM CLASSES
A. The Fixed-Term (2KWD) attorney class is ineligible for the following benefits:
1. Longevity Pay Plan
2. Management Life Insurance
3. Management Long-Term Disability
4. Attorney Professional Development Reimbursement Fund fifty percent
(50%) of the benefit is available on January 1 and fifty percent (50%) is
available on July 1.
B. Employees in the Fixed-Term Attorney class will be credited hours paid
administrative leave each January 1, subject to the provisions of the MOU.
SECTION 28 – LAW SCHOOL STUDENT LOAN REIMBURSEMENT PROGRAM
For purposes of retention and to bridge the gap between the newer attorneys and those
attorneys that qualify for longevity pay.
A. Eligibility: Fixed term employees and those employees that are converted from
fixed term to regular employees. The measuring period runs from date of hire to
anniversary date. Such payments shall only be made to employees on the
payroll as of the date of ratification of this agreement.
B. Qualifying amounts and terms:
i. If during or upon completion of the third consecutive year of employment
as a full-time Deputy District Attorney Fixed-Term employee (hereafter
“fixed term employee”), a fixed term employee is employed as a Deputy
District Attorney - Basic Level (hereafter “regular employee”), such
employee is eligible to receive $2,000 for purposes of reimbursement for
law school student loan payments.
ii. For those employees that are not retained and not converted to regular
employees, upon completion of their ninth consecutive month of
employment in their third year, an amount not to exceed $1000 will be
payable to eligible employees.
SECTION 29 – SERVICE AWARDS
Deputy District Attorneys’ Assn 36 2015-2018
iii. After conversion from a fixed-term employee to a regular employee in the
fourth full year of employment with the County, at the conclusion of twelve
consecutive months of service, the eligible Deputy District Attorneys are
eligible to receive $3000 for purposes of reimbursement for law school
student loan payments.
iv. After the completion of the fifth full year of employment as a regular full-
time employee, (twelve consecutive months of service) the eligible Deputy
District Attorneys are eligible to receive $4000 for purposes of
reimbursement for law school student loan payments.
v. For persons employed less than forty hours per week, the law school
reimbursement amount shall be adjusted proportionately to the
percentage of time the person is actively working throughout the
respective year.
vi. Employee must supply documentation reflecting the existence of an
outstanding student loan and annual payment record for the student loan
during the preceding twelve months.
vii. This Law School Loan Reimbursement Program becomes effective one
month after approval by the Board of Supervisors. Third year employees
that reached their anniversary date in December 2007, and have been
converted to regular employees, after completing 12 consecutive months
of employment with the District Attorneys office are eligible to receive
$2000 reimbursement subject to supplying the requisite documentation.
viii. This program is not available to those attorneys that have paid off their law
school student loans or to those attorneys that have not incurred student
loans.
ix. Maximum loan reimbursement for eligible employees shall be for a period
not to exceed three years.
x. The law school loan reimbursement program will not exceed $9000 for
any one person.
xi. The above payments are subject to applicable state and federal
withholding, if any.
xii. The terms and conditions are subject to language approved by the
County’s Auditor’s Office.
SECTION 29 – SERVICE AWARDS
A. 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.
SECTION 30 – LOSS OR DAMAGE TO PERSONAL PROPERTY
Deputy District Attorneys’ Assn 37 2015-2018
The following procedure shall apply with respect to service awards:
1. Presentation Before the Board of Supervisors
An employee with 20 or more years of service may go before the Board of
Supervisors to receive his/her service award.
When requested by the 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.
2. Service Award Day Off
Employees with 15 or more years of service are entitled to take a day off
with pay at each five (5) year anniversary.
SECTION 30 – LOSS OR DAMAGE TO PERSONAL PROPERTY
The loss or damage to personal property of employees is subject to reimbursement.
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. Reimbursement for loss or
damage of personal property shall be in accordance with Administrative Bulletin 518.2
(May 23, 1989).
SECTION 31 – 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 32 - SCOPE OF AGREEMENT AND SEVERABILITY OF PROVISIONS
32.1 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. Any past side letters or any other
agreements that are not incorporated into or attached to this MOU are deemed expired
upon approval of this MOU by the Board of Supervisors.
ATTACHMENTS
ATTACHMENT A CLASS AND SALARY LISTING
ATTACHMENT B MEDICAL/DENTAL PLANS COPAYS
ATTACHMENT A
Job code Class Title
Flex Staff (F)/
Deep Class (D)From To
2KTG DEPUTY DISTRICT ATTORNEY-ADV $10,934.03 $12,069.12
2KTF DEPUTY DISTRICT ATTORNEY-BASIC $8,978.59 $10,939.54
2KWD DEPUTY DISTRICT ATTORNEY-FT $6,475.26 $6,961.00
DEPUTY DISTRICT ATTORNEYS' ASSOCIATION
CLASS AND SALARY LISTING
Effective 7/1/2015
Salary Range
ATTACHMENT B
Deputy District Attorney’s Association
MEDICAL/DENTAL PLANS
July 1, 2015 through June 30, 2018
Covered Offered
The County offers the following Plans:
Contra Costa Health Plans (CCHP), Kaiser Permanente, Health Net, Delta Dental and Delta Care USA (PMI) Dental.
Co-Pays and Co-Insurance
The health plan co-pays are as follows:
CCHP A: $0 Office Visit in the RMC Network
$0 Preferred Generic RX
$0 Preferred Brand RX
$0 Non-Preferred Brand RX
CCHP B (*): $0 Office Visit in the RMC Network
$5 Office Visit in the CPN Network
$3 Preferred Generic RX
$3 Preferred Brand RX
$3 Non-Preferred Brand RX
KAISER PERMANENTE PLAN A (*): $10 Office Visit
$10 Preferred Generic RX
$20 Preferred Brand RX
$20 Non-Preferred Brand RX
$10 Emergency Room
KAISER PERMANENTE PLAN: $500 Deductible Per Person
$1000 Deductible Per Family
$20 Office Visit Copay (not subject to deductible)
$20 Urgent Care Copay (not subject to deductible)
$10 Lab & X-ray Copay (not subject to deductible)
$10 Preferred Generic RX
$30 Preferred Brand RX
$30 Non-Preferred Brand RX
10% Co-Insurance After Deductible for Inpatient Hospital, Outpatient
Surgical and Emergency Room
$3000 per person and $6000 per family Annual Out of Pocket Maximum
KAISER PERMANENTE HDHP $1500 Deductible Per Person
$3000 Deductible Per Family
10% Office Visit Coinsurance (After Deductible)
10% Urgent Care Coinsurance (After Deductible)
10% Lab & X-Ray Coinsurance (After Deductible)
$10 Generic Rx (After Deductible)
$30 Brand-Name Rx (After Deductible)
10% Inpatient Hospitalization Coinsurance (After Deductible)
10% Outpatient Surgery & ER Coinsurance (After Deductible)
$3000 per Person Annual Out of Pocket Maximum
$6000 per Family Annual Out of Pocket Maximum
HEALTH NET HMO Plan A (*): $10 Office Visit
$10 Preferred Generic RX
$20 Preferred Brand RX
$35 Non-Preferred Brand or Generic RX
$25 Emergency Room
HEALTH NET HMO Plan B: $20 Office Visit
$50 Urgent Care Visit
$1000 Inpatient Hospital Co-pay
$500 Out-Patient Surgery Co-pay
$100 Emergency Room Co-pay
$10 Preferred Brand RX
$20 Non-Preferred Brand RX
$35 Non-Preferred Brand or Generic RX
$2000 per person and $6000 per family Annual Out of Pocket Maximum
HEALTH NET PPO Plan A (*): $10 Office Visit in network
$5 Preferred Generic RX
$5 Preferred Brand RX
$5 Non-Preferred Brand or Generic RX
$50 Emergency Room Deductible, 10% Co-Insurance
HEALTH NET PPO Plan B (*): $500 Deductible Per Person
$1500 Deductible Per Family
$20 Office Visit in network
80% / 20% For Most In-Network Benefit
60% / 40% For Most In-Network Benefit
$10 Preferred Generic RX
$20 Preferred Brand RX
$35 Non-Preferred Brand or Generic RX
$50 Emergency Room Deductible, 30% Co-Insurance
* This plan is not available to employees hired on or after January 1, 2016
CONTRA COSTA COUNTY
DEPUTY DISTRICT ATTORNEYS’ ASSOCIATION
SUBJECT INDEX
414H2 Participation ....................................................................................................... 26
Accrual Usage ............................................................................................................... 10
Adoption ........................................................................................................................ 37
Aggregate Use for Spouse ............................................................................................ 14
Annual Administrative Leave ......................................................................................... 32
Arbitrator’s Decision (Final and Binding) ......................................................................... 9
Association Recognition .................................................................................................. 3
Association Representatives ........................................................................................... 4
Association Security ........................................................................................................ 4
Attendance at Meetings .................................................................................................. 4
Attorney Fixed-Term Classes ........................................................................................ 35
Automated Time Keeping .............................................................................................. 10
Bilingual Pay Differential ............................................................................................... 27
Catastrophic Leave Bank .............................................................................................. 24
Certification ................................................................................................................... 13
Child Care ..................................................................................................................... 23
Communicating With Employees .................................................................................... 4
Compensation Claims ..................................................................................................... 8
Computer Vision Care (CVC) Users Eye Exam ............................................................ 34
Contribution (Retirement) .............................................................................................. 26
Coverage During Absences .......................................................................................... 23
Days and Hours of Work/Holidays .................................................................................. 9
Deferred Compensation Incentive ................................................................................. 30
Definitions (Days and Hours of Work/Holidays) .............................................................. 9
Definitions – Holidays .................................................................................................... 10
Definitions (Sick Leave) ................................................................................................ 14
Definition & Procedural Steps (Grievance Procedure) .................................................... 7
Dependent Care Assistance Program ........................................................................... 22
Dual Coverage .............................................................................................................. 20
Dues Deduction ............................................................................................................... 4
Duration of Agreement .................................................................................................. 38
Family Care Leave or Medical Leave ............................................................................ 13
Family Member Eligibility Criteria .................................................................................. 19
General Administration .................................................................................................. 13
General Wages ............................................................................................................... 5
Grievance Procedure ...................................................................................................... 7
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Health Benefit Coverage for Employees Not Otherwise Covered ................................. 23
Health Care Spending Account ..................................................................................... 22
Health, Life & Dental Care ............................................................................................ 15
Health Plan Coverages ................................................................................................. 15
Health Plan Coverages and Provisions ......................................................................... 19
Holidays Observed ........................................................................................................ 10
Holidays – Part-Time Employees .................................................................................. 11
Intermittent Use of Leave .............................................................................................. 14
Jury Duty ......................................................................................................................... 6
Jury Duty and Witness Duty ............................................................................................ 6
Law School Student Loan Reimbursement Program .................................................... 35
Layoffs ............................................................................................................................ 6
Leave of Absence ......................................................................................................... 13
Leave Without Pay ........................................................................................................ 13
Life Insurance Benefit Under Health & Dental Plans .................................................... 22
Long Term Disability Insurance ..................................................................................... 34
Longevity Pay ................................................................................................................ 30
Loss or Damage to Personal Property .......................................................................... 37
Maintenance of Membership ........................................................................................... 4
Medical Plan Cost-Sharing on and after January 1, 2016 ............................................. 21
Monthly Premium Subsidy............................................................................................. 16
No Discrimination ............................................................................................................ 4
Partial Month ................................................................................................................. 23
Part-Time Employees (Sick Leave) ............................................................................... 12
Personal Holiday Credit................................................................................................. 10
Personnel Management Regulations ............................................................................ 38
PERS Long-Term Care ................................................................................................. 22
Premium Conversion Plan ............................................................................................ 23
Prevailing Section ......................................................................................................... 23
Professional Expenses .................................................................................................. 27
Program Design ............................................................................................................ 24
Rate Information............................................................................................................ 23
Retirement ..................................................................................................................... 26
Retirement Benefits–Employees Who Become Mbrs of CCCERA After 12/31/12 ....... 26
Retirement Coverage .................................................................................................... 17
Salaries ........................................................................................................................... 5
Scope of Agreement ..................................................................................................... 37
Scope of Agreement and Severability of Provisions ..................................................... 37
Service Award Date Defined ......................................................................................... 12
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Service Awards ............................................................................................................. 36
Severability of Provisions .............................................................................................. 38
Sick Leave ..................................................................................................................... 12
Sick Leave Incentive ..................................................................................................... 33
Strike or Work Stoppage ................................................................................................. 8
Supplemental Life Insurance ......................................................................................... 22
Timestamp .................................................................................................................... 10
Travel Reimbursement .................................................................................................. 25
Use of County Buildings .................................................................................................. 4
Vacation Accrual Rates ................................................................................................. 11
Vacation Allowance for Separated Employees ............................................................. 12
Vacation Buy-Back ........................................................................................................ 33
Vacation Leave ............................................................................................................. 11
Withdrawal of Membership.............................................................................................. 4
Witness Duty ................................................................................................................... 7
Workers’ Compensation ................................................................................................ 28
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