HomeMy WebLinkAboutMINUTES - 10241989 - 1.7 (5) /12-11 1-069
BOARD OF SUPERVISORS
Contra
FROM: James A. Rydingsword
n;
Costa
Director x�• �¢ County
no,•= _ ,•cP�
DATE: October 17, 1989
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SUBJECT: SHELTER, INC. REVOLVING FUND
(to be scheduled for 10/24/89 Board Agenda)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommendation
Authorize the Director of Social Service to advance $23 , 000
in General Fund monies to Shelter, Inc. for its Homeless
Assistance Revolving Fund; and,
Direct the Director of Social Service to request that the
Family and Children' s Trust Committee
1) recommend allocation to Shelter, Inc's Homeless
Assistance Revolving Fund of $25,000 from the
Ann Adler Trust Fund, with $23 , 000 being reimbursed
to the Social Service Department, and
2) set aside up to $20, 000 of new contributions to the
Ann Adler Trust received with the 1990 Property Taxes
for allocation to Shelter, Inc's Homeless Assistance
Revolving Fund.
Financial Impact:
Initial reduction of $23 , 000 in Social Service Department
budget will be reimbursed from the Ann Adler Trust Fund.
Reimbursement requires FACT' s recommendation to the Board, but
is ultimately under the decision-making authority of the Board.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES
ACTION OF BOARD ON APPROVED AS RECOMMENDED —L OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: Auditor-Controller ATTESTED � h 67L oZ 4/2 H'fl�/
County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
F.A.C. T. (via Social Service)
Shelter, Inc.
Social Services
M382 (10/88) BY DEPUTY
Pg 2 - Board Order (Shelter, Inc. Revolving Fund)
Background
(1) The Social Service Department will advance $23 , 000 to
Shelter, Inc. for its Revolving Fund to house homeless
families with children and will obtain reimbursement from
the Ann Adler Trust Fund.
(2) In its September meeting, the Family and Children' s Trust
Committee indicated its willingness to recommend to the
Board allocating to Shelter, Inc's Revolving Fund, FY88-89
Adler Trust monies which are in excess of the RFP funds;
that is approximately $30, 000. The item was not handled
at FACT's October meeting due to the time needed for
finalizing the RFP's for AB2994 and Adler Trust Fund
monies. It will be on FACT' s November 6th agenda and
Carol Severin has been scheduled to make a presentation.
(3) Shelter, Inc. has used the Revolving Fund to assist with
first/last month rent for 1500 persons over the last two
years. 50% of those persons were children under 12 years
of age. Approximately 25% of the Revolving Fund has been
paid back to Shelter, Inc. allowing 63 more families to
receive housing assistance.
(4) Social Service staff will request at the November 6th FACT
meeting allocating $25, 000 now, from the Adler Trust to
Shelter, Inc's Revolving Fund; reimbursing our $20, 000
more to be allocated to the Revolving Fund if sufficient
additional contributions are received with the property
taxes.
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 24, 1989 • , by the following vote:
AYES: Supervisors Powers , Fanden, Schroder, McPeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 89/696 .
SUBJECT: ` 1989-1991 COMPENSATION FOR EMPLOYEES
'IN UNITS REPRESENTED BY- UNITED CLERICAL,
TECHNICAL & SPECIALIZED EMPLOYEES,
LOCAL 2700, AFSCME
The Contra Costa County Board of Supervisors RESOLVES THAT:
1 . On October 17, 1989 the Employee Relations Officer submitted a
Memorandum of Understanding dated October 16, 1989, entered into with United
Clerical , Technical & Specialized Employees, Local 2700, AFSCME for the
following Units represented by the Union:
General Clerical Unit
Deputy Clerk Unit
2. This Board having thoroughly considered said Memorandum of Understanding,
the same is approved.
3. Salaries and Terms and Conditions of Employment, Local 2700 AFSCME. The
Memorandum of Understanding with United Clerical , Technica & Specialized
Employees, Local 2700 AFSCME is attached hereto, and Section Numbers 1 through
56 inclusive and Attachments A and B are incorporated herein as if set forth in
full and made applicable to the employees in the above-named units.
4. If an Ordinance(s) is required to implement any of the foregoing
provisions, the Board of Supervisors will adopt said Ordinance(s).
5.. This Resolution is effective as of July 1 . 1989.
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 oq t da
ATfESTEO: �A9�_
PHIL BATCHELUUOIIR:;,Clerk of the Board
Of SupervisorS and County Administrator
-
-. Deputy. _
Orig. Dept.: Personnel Department v
CC: County Administrator
County Counsel
Auditor—Controller
A11 Departments
Local 2700, AFSCME
RESOLUTION NO, 89/6.96
revaPi<;olGb s1¢nv :;,rc;.v^l(ut to w',sai
`l 1 sTt%
wint-
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
UNITED CLERICAL, TECHNICAL & SPECIALIZED EMPLOYEES,
LOCAL 2700,. AFSCME, AFL-CIO
1989 - 1991
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA 'COUNTY
AND
UNITED CLERICAL, TECHNICAL & SPECIALIZED EMPLOYEES, `
LOCAL 2700, AFSCME, AFL-CIO
1989 - 1991
TABLE OF- CONTENTS
SALARY-ADMINISTRATION PAGE SECTION
Compensation Complaints 52 24.5
Compensation for Portion of Month & PI Compensation 12 5.8
Compensatory Time 17 7.2
Entrance Salary 11 5.4
Flexibly Staffed Positions 55 31
General Wage Increases 9 5.1
Increments Within Range 12 5.6
Lump Sum Payment 10 5.3
On-Call Duty 19 9
Overtime 17 7 .1
Part-Time Compensation 12 5.7
Pay for Work in Higher Classification 14 5.15
Pay Equity Adjustments 10 5.2
Pay Equity Study 10 5.3
Pay Warrant Errors 16 5.17
Payment 15 5.16
Regular Appointment 42 19.6
Salaries 9 5
Salary on Involuntary Demotion 14 5.12
Salary on Promotion 13 5.11
Salary on Voluntary Demotion 14 5.13
Salary Reallocation & Salary on Reallocation 13 5.10
Salary Review while on Leave of Absence 36 16.5
Shift Differential 20 10
CONDITIONS-OF-EMPLOYMENT
Anniversary Dates 11 5.5
Certification of Persons from Layoff Lists 22 11 .9
Constructive Resignation 46 22.2
County Library Employees 57 39
Data on Vacant Positions 57 38
Days & Hours of Work 16 6
Departmental Transfer Agreements 45 21 .5
Dismissal , Suspension & Demotion 47 23
Duration of Layoff Rights 22 11 .8
Effective Resignation 46 22, 3
Eligibility For Layoff List 21 11 .6
Fair Labor Standards Act Provisions 18 7.3
Flex-Time 57 37
Grounds For Layoff 20 11 .1
Layoff By Displacement 20 11 .3
Layoff During Probation 42 19.7
Length of. Service Definition. 58 41
- 2 -
CONDITIONS OF EMPLOYMENT CONT. PAGE SECTION
Grounds For Layoff 20 111.1.1
Layoff By Displacement 20 11 .3
Layoff During Probation 42 19.7
Length of Service Definition 58 41
Meal Periods 56 32
Meals 61 50
Order of Layoff 20 11 .2
Order of Names on Layoff 21 11 .7
Particular Rules on Displacing 21 11 .4
Performance Evaluation 56 33
Position Reclassification 12 5.9
Probationary Period 41 19
Procedure on Dismissal , Suspension or Disciplinary
Demotion 49 23.5
Promotion 43 20
Promotion Via Reclassification Without Examination 43 20.4
Provisional Employee Benefits 59 45
Rejection During Probation of Layoff Employee 41 19.5
Removal of Names From Layoff Lists 2.2 11 .10
Requirements for Promotional Standing 44 20.5
Resignations 46 22
Resignations in Good Standing 46 22.1
Seniority 21 11 .5
Seniority Credits 44 20.6
Separation Through Layoff 20 11
Skelly Requirements 48 23.2
Special .Studies 61 51
Temporary Employees Letter of Understanding 61 52
Transfer 44 21
Transfer (Salary) 14 5.14
Unauthorized Absence 36 16.6
BENEFITS &-ALLOWANCES
Administration of Sick Leave 28 14.3
Bilingual Pay 52 25
Call-Back Time 19 8
Disability 29 14.4
Hazard Pay and Stat Call 60 47
Health & Welfare, Life & Dental Care 37 18
Mileage 55 30
Permanent Part-Time Employee Benefits 58 42
Permanent-Intermittent Employee Benefits 58 43
Permanent-Intermittent Employees Health Plan 58 44
Personal Property 53 27.2
Provisional Employee Benefits 59 45
Reimbursement 53 27
Reimbursement for Meal Expenses 19 7.4
Retirement Contribution 53 26
Safety 54 29.
Service Awards 57 36
Word Processing & VDT Differential 59 46
Workers ' Compensation 33 15
3 -
LEAVES-AND- PAY FOR TIME-NOT WORKED PAGE SECTION
Accrual of Holiday Time & Credit 24 12.6
Death of Family Member 28 14,2
Definition of Immediate Family 31 4.5
Emergency Care of Family 28 14.2
Holidays 23 12
Holidays - 4/10 Shift 24 1.2.4
Holidays - 9/80 Shift 24 12.5
Integration of SDI with County Sick Leave 32 14.7
Jury Duty & Witness Duty 37 17
Leave of Absence 34 16
Leave of Absence Replacement 36 16.3
Leave of Absence Return 36 16.4
Leave Pending Employee Response 49 23.3
Leave Without Pay 34 16.1
Medical & Dental Appointments 28 14.2
Military Leave 35 16.2
Parental Leave of Absence 34 16.1
Permanent Part-Time Employee Benefits
Sheriff' s Dept. Shift & Holiday Agreement 24 12.3
Sick Leave 26 14
Sick Leave Utilization for Pregnancy Disability 27 14.2
Vacation Accrual Rates 26 13.2
Vacation Allowance 25 13.1
Vacation Allowance for Separated Employees 26 13.4
UNION- ORGANIZATION RIGHTS
Adoption 66 53
Agency Shop 4 2.2
Classification 54 28
Classification Studies 52 61
Dues Deduction 4 2.1
Duration of Agreement 66 54
Maintenance of Membership 5 2.3
No Strike 52 24.6
Past Practices & Existing Memoranda of Understanding 67 56
Pay Equity Study 11 5.2
P.E.O.P.L.E. 8 2.12
Personnel Management Regulations 67 55.3
Recognition 3 1
Scope of Agreement & Separability of Provisions 66 55
Shop Stewards & Official Representatives 8 4
Sick Leave Coalition 33 14.10
Unfair Labor Practice 58 40
Union Notification 22 11 .11
Union Recognition 3 1 .1
Union Representatives 9 4.2
Union Security 4 2
Use of County Buildings 7 2.8
Use of County Mail System 7 2.7
Withdrawal of Membership 6 2.5
EMPLOYEE RIGHTS & PROTECTIONS PAGE SECTION
Advance Notice 7 2.9
Attendance at Meetings 8 4.1
Coerced Resignation 47 22.5
Communicating With Employees 6 2.6
Communicable Disease 27 14.2
Compensation Complaints 52 24.5
Disciplinary Actions 56 34
Eligibility for Reemployment 47 22.6
Grievance Procedure 50 24
Letters of Reprimand 60 35
Merit Board 52 24.7
No Discrimination 8 3
Personnel Files 56 35
Reassignment: of Mork Location 45 21 .4
Revocation 46 22.4
Safety 54 29
Scope of Adjustment Board & Arbitration Decisions 51 24.2
Skelly Requirements 48 23.2
VDT User' s Eye Examination 54 29.1
Written Statement for New Employees 8 2,10
ATTACHMENTS
ATTACHMENT A - Project Positions
ATTACHMENT B - Side Letter - Clerical Deep Class
ATTACHMENT C - Side Letter - Secretary Deep Class
ATTACHMENT D - Class and Salary Listing
MEMORANDUM OF UNDERSTANDING
_ BETWEEN
CONTRA COSTA COUNTY
AND
UNITED CLERICAL, TECHNICAL & SPECIALIZED EMPLOYEES,
LOCAL 2700, AFSCME, AFL-CIO
This Memorandum of Understanding is entered into pursuant to the authority con-
tained in Division 34 of Board of Supervisors Resolution 81/1165 and has been
jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of
Contra Costa County in employer-employee relations matters as provided in Board
of Supervisors Resolution 81/1165.
The parties have met and conferred in good faith regarding . wages, hours and
other terms and conditions of employment for the employees in units in which the
Union is the recognized representative, have freely exchanged information, opi-
nions and proposals and have endeavored to reach agreement on all matters
relating to the employment conditions and employer-employee relations covering
such employees.
This Memorandum of Understanding shall be presented to the Contra Costa County
Board of Supervisors, as the governing board of the County and appropriate fire
districts, as the joint recommendations of the undersigned for salary and
employee benefit adjustments for the period commencing July 1 , 1989 and ending
September- 30, 1991 .
Special provisions and restrictions pertaining to Project employees covered by
this Memorandum of Understanding are contained in Attachment A which is attached
hereto and made a part hereof.
DEFINITIONS:
A. "Alternative Work Schedules" means one or more of the following:
1 . 9/80: Eight nine-hour work days plus an eight-hour work day with one
day off within a two week work period.
2. 4/10: Four ten-hour work days within the work week.
3. 5/8: Five eight-hour work days within a work week where the work hours
are other than the standard 8:00 a.m. to 5:00 p.m. (also known as "flex
time" ) .
Meal breaks for any of the above schedules may be either 1/2 hour or 1
hour.
B. "Appointing Authority" means Department Head unless otherwise provided by
statute or ordinance.
1
C. "Class" means a group of positions sufficiently similar with respect to '-the
duties and responsibilities that similar selection procedures and qualifi-
cations may apply and that the same descriptive title may be used to
designate each position allocated to the group.
D. "Cl-ass Title" means the designation given to a class, to each position
allocated to the class, and to the employees allocated to the class.
E. "County" means Contra Costa County.
F. "Demotion" means the change of a permanent employee to another position in
a class allocated to a salary range for which the top step is lower than
the top step of the class which the employee formerly occupied except as
provided for under "Transfer" or as otherwise provided for in this
Memorandum of Understanding, in the Personnel Management Regulations, or in
specific resolutions governing deep classifications.
G. "Director of Personnel " means the person designated by the County
Administrator to serve as the Assistant County Administrator Director of
Personnel .
H. "Eligible" means any person whose name is on an employment or reemployment
or layoff list for a given class.
I . "EmploXee" means a person who is an incumbent of a position or who is on
leave of absence in- accordance with provisions of this Memorandum of
Understanding and whose position is held pending his/her return.
J. "Em1p o-yment List" means a list of persons, who have been found qualified
for employment in a specific class.
K. "Layoff List" means a list of persons who have occupied positions allocated
to a cla_ss in the Merit System and who have been involuntarily separated by
layoff or displacement or have voluntarily demoted in lieu of layoff.
L. "Permanent Intermittent Position" means any position which requires the
services of an incumbent for an indefinite period but on an intermittent
basis, as needed, paid oni an hourly basis.
M. "Permanent Part-Time Position" means any position which will require the
services of an incumbent for an indefinite period but on a regularly sche-
duled less than full-time basis.
N. "Permanent - Position" means any. position which has required, or which will
require the services of an incumbent without interruption, for an indefi-
nite period.
0. "Project Em to ee" meansan employee who is engaged in a time limited
program or service by reason of limited or restricted funding. Such posi-
tions are typically funded from outside sources but may be funded from
County revenues.
2
�. "Promotion" means the change of a permanent employee to another position in
ac
lass allocated to a salary range for which the top step is higher than
the top step of the class which the employee formerly occupied, except as
provided for under "Transfer" or as otherwise provided for in this
Memorandum of Understanding, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Q. "Position" means the assigned duties and responsibilities calling for the
regular full-time, part-time or intermittent employment of a person.
R. "Reallocation" means the act of reassigning an individual position from one
c al ass to another class at the same range of the salary schedule or to a
class which is allocated to another range that is within five (5) percent
of the top step, except as otherwise provided for in the Personnel
Management Regulations, deep class resolutions or other ordinances.
S . "Reclassification" means the act of changing the allocation of a position
braising it to a higher class or reducing it to a lower class on the
basis of significant changes in the kind, difficulty or responsibility of
duties performed in such position.
T, "Reemployment List' means a list of persons, who have occupied positions
all to any class in the merit system and, who have voluntarily
separated and are qualified for consideration for reappointment under the
Personnel Management Regulations governing reemployment.
U. "Resignation" means the voluntary termination of permanent employment with
the County.
V . "Temarar LEmployment" means any employment which will require -the services
of an incumbent for a limited period of time, paid on an hourly basis, not
in an allocated position or in permanent status.
W. "Transfer" means the change of an employee who has permanent status in a
position to another position in the same class in a different department,
or to . another position in a class which is allocated to a range on the
salary plan that is within five (5) percent at top step as the class pre-
viously occupied by the employee.
SECTION l - RECOGNITION
1 .1 Union Reco nition . The Union is the formally recognized employee organiza-
tion for the representation units listed below, and such organization has been
certified as such pursuant to Board of Supervisor' s Resolution 81/1165.
General Clerical Unit
Deputy Clerk Unit
3
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Board of Supervisor' s Resolution 81/1165, only
a majority representative may have dues deduction and as such the Union has the
exclusive privilege of dues deduction or agency fee deduction for all employees
in its units.
2.2 A enc Shop_.
A. The Union agrees that it has a duty to provide fair and non-
discriminatory representation to all employees in all classes in the
units for which this section is applicable regardless of whether they
are members of the Union.
B. All employees employed in a representation unit on or after the effec-
tive date of this Memorandum of Understanding and continuing until the
termination of the Memorandum of Understanding, shall as a condition of
employment either:
1 . Become and remain a member of the Union or;
2. pay to the Union', an agency shop fee in an amount which does not
exceed an amount which may be lawfully collected under applicable
constitutional , statutory, and case law, which under no circumstan-
ces shall exceed the monthly dues, initiation fees and general
assessments made during the duration of this Memorandum of
Understanding. It shall be the sole responsibility of the Union to
determine' an agency shop fee which meets the above criteria; or
3. do both of the following:
a. Execute a written declaration that the employee is a member of
a bonafide religion, body or sect which has historically held a
conscientious objection to joining or financially supporting
any public employee organization as a condition of employment;
and
b. pay a sum equal to the agency shop fee described in Section
2.2.B.2 to a non-religious, non-labor, charitable fund chosen
by the employee from the following charities: Family and
Children ' s Trust Fund, Child Abuse Prevention Council and
Battered Women' s Alternative.
C. The Union shall provide the County with a copy of the Union' s "Hudson
Procedure" for the determination and protest of its agency shop fees.
The Union shall provide a copy of said "Hudson Procedure" to every
fee payer covered by this MOU within one month from the date it is
approved and annually thereafter, and as a condition to any change in
the agency shop fee. Failure by an employee to invoke the Union' s
Hudson Procedure within one month after actual notice of the Hudson
Procedure shall be a waiver by the employee of their right to contest
the amount of the agency shop fee.
4
D. The prov-isions of Section 2.2.6.2 shall not apply during periods that
an employee is . separated from the representation unit but shall be
reinstated upon the return of the employee to the representation unit.
The term separation includes transfer out of the unit, layoff, and
leave of absence with a duration of more than thirty (30) days.
E. The Union shall provide the Director of Personnel with copies of a
financial report patterned after Form LM-2 pursuant to the Labor
Management Disclosure Act of 1959. Such report shall be available to
employees in the unit. - Failure to file such a report not later than
Jun 1 of each calendar year shall result in the termination of all
agency shop fee deductions without jeopardy to any employee, until said
report is filed.
F. Compliance.
1 . An employee employed in or hired into a job class represented by
the Union shall be provided with an "Employee Authorization for
Payroll Deduction" form by the Personnel Department.
2. If the form authorizing payroll deduction is not returned within
thirty (30) calendar days after notice of this agency shop fee pro-
vision and the union dues, agency shop fee, initiation fee or
charitable contribution required under Section 2.2.6.3 are not
received , the Union may, in writing, direct that the County with-
hold the agency shop fee and the initiation fee from the employee' s
-salary, in which case the employee' s monthly salary shall be
reduced by an amount equal to the agency shop fee and the County
shall pay an equal amount to the Union.
G. The Union shall indemnify, defend, and save the County harmless against
any and all claims, demands, suits, orders, or judgments, or other
forms of liability that arise out of or by reason of this union
security section, or action taken or not taken by the County under this
Section. This includes, but is not limited to, the County' s Attorneys'
fees and costs. The provisions of this subsection shall not be subject
to the grievance procedure.
H. The County Personnel Department- shall monthly furnish a list of all new
hires to the Union.
I . In the event that employees in a bargaining unit represented by the.
Union vote to rescind "Agency Shop" , the provisions of Section 2.3 and
2.4 shall apply to dues-paying members of the Union.
2.3 Maintenance of Membership. All employees in units represented by the Union
who are currenty—paying dues to the Union and all employees in such units who
hereafter become members of the Union shall as a condition of continued
employment pay dues to the Union for the duration of this Memorandum of
Understanding and each year thereafter so long as the Union continues to repre-
sent the position to which the employee is assigned, unless the employee has
exercised the option to cease paying dues in accordance with Section 2.5.
5
2.4 Employees hired into classifications represented 'by the Union shall , as a
condition of employment, complete a Union dues authorization card provided by
the Union and shall have deducted from their paychecks the membership dues of
the Union. Said employees . shall have thirty (30) days from the date of hire to
decide if he/she does not want to become a member of the Union. Such decision
not to become a member of the Union must be made in writing to the
Auditor-Controller with a copy to the Employee Relations Division within said_
thirty (30) day period. If the employee decides not to become a member of the
Union, any Union dues previously deducted from the employee' s paycheck shall be
returned to the employee and said amount shall be deducted from the next, dues
deduction check sent to the Union. If the employee does not notify the County
in writing of the decision not to become a member within the thirty (30) day
period; he/she shall. be deemed to have voluntarily agreed to pay the dues of the
Union.
Each such dues authorization form referenced above shall include a statement
that the Union and the County have entered into a Memorandum of Understanding,
that the employee is required to authorize payroll deductions of Union dues as a
condition of employment, and that such authorization may be revoked within the
first thirty (30) days of employment upon proper written notice by the employee
within said thirty (30) day period as set forth above. Each such employee
shall , upon completion of the authorization form, receive a copy of said
authorization form which shall be deemed proper notice of his/her right to
revoke said authorization.
2.5 Withdrawal of Membershi . By notifying the Auditor-Controller's Department
in writing, between August 1 , 1991 and August 31 , 1991 , any employee may
withdraw from Union membership and discontinue paying dues as of the payroll
period , commencing September 1 , 1991 , discontinuance of dues payments to then be
reflected in the September 10, 1991 paycheck. Immediately upon close of the
above mentioned thirty (30) day period the Auditor-Controller shall submit to
the Union a list of the employees who have rescinded their authorization for
dues deduction.
2.6 Communicating, With Em looyees. The Union shall be allowed to use designated
portions of bulletin boards or display areas in public portions of County
buildings or in public portions of offices in which there are employees repre-
sented 'by the Union, provided the communications displayed have to do with mat-
ters within the scope of representation and further provided that the employee
organization appropriately posts and removes the information. The Department
Head reserves the right to remove objectionable materials after consultation
with the Union.
Representatives of the Union, not on County time, shall be permitted to place
a supply of employee literature at specific locations in County buildings if
arranged through the Department Head or designated representative; said repre-
sentatives may distribute employee organization literature in work areas (except
work areas not open to the public) if the nature of the literature and the
proposed method of distribution are compatible with the work environment and
work in progress.
6
such placement and/or distribution shall not be performed by on-duty employees.
The Union shall be allowed access. to work locations in which it represents
employees for the following purposes:
1 . To post literature on bulletin boards;
2. to arrange for use of a meeting room;
3. to leave and/or distribute a supply of literature as indicated above;
4. to represent an employee on a grievance, and/or to contact a union officer
on a matter, within the scope of representation.
In the application of this provision, it is agreed and understood that in each
such instance advance arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the departmental
representative in charge of the work area, and the visit will not interfere with
County services.
2.7 Use of County_ Mail System. The Union may distribute materials to
designated-Union representatives through the County distribution channels if
approved by the Personnel Director. The decision of the Personnel Director is
final and not subject to the grievance procedure. This privilege may be revoked
in the event of abuse after the Personnel Director consults with the Union.
2.8 Use- of County Buildin s. The Union shall be allowed the use of areas nor-
mally used for meeting purposes for meetings of County employees during non-work
hours when:
1 . Such space is available and its use by the Union is scheduled twenty-four
(24) hours in advance;
2. there is no additional cost to the County;
3. it does not interfere with normal County operations;
4. employees in attendance are not on duty and are not scheduled for duty; and
5. the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and main-
tain scheduling of such uses. The Union shall maintain proper order at the
meeting, and see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly
prohibited, even though it may be present in the meeting area.
.2.9 Advance Notice. The Union shall , except in cases of emergency, have the
right to reasonable -notice of any ordinance, rule, resolution or regulation
directly relating to matters within the scope of representation proposed to be
7
adopted by the Board, or boards and commissions appointed by the Board, and to
meet with the body considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal
at least seventy-two (72) hours before the item will be heard, or the delivery
of a copy of the proposal at least twenty-four (24) hours before the item will
be heard, shall constitute notice.
In cases of emergency when the Board, or boards and commissions appointed by the
Board, determines it must act immediately without such notice or meeting, it
shall give notice and opportunity to meet as soon as practical after its action.
2.10 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification in any of the
bargaining units represented by the Union, that the employee' s classification is
represented by the Union and the name of a representative of the Union. The
County will provide the employee with a packet of information which has been
supplied by the Union and approved by the. County.
2.11 Section 22 of the 1977-79 Memorandum of Understanding between the County
and United Clerical Employees shall continue for the duration of this Memorandum
of Understanding.
2.12 P.E.O.P.L.E. Employees in classifications represented by United Clerical ,
Tehcnical & Specialized Employees, Local 2700, AFSCME may make a voluntary,
monetary monthly contribution to P.E.O.P.L.E., said contributions to be deducted
from employees ' pay the the County and remitted to AFSCME, P.E.O.P.L.E. (Public
Employees Organized to Promote Legislative Equality.
SECTION 3 --NO- DISCRIMINATION
There shall be no discrimination because of sex, race, creed, color, national
origin, sexual orientation or union activities against any employee or applicant
for employment by the County , or by anyone employed by- the County; and to the
extent prohibited by applicable State and Federal law there shall be no discri-
mination because of age. There shall be no discrimination against any han-
dicapped person solely because of such handicap unless that handicap prevents
the person from meeting the minimum standards established for the position or
from carrying out the duties of the position safely. There shall be no discri-
mination because of Union membership or legitimate Union activity against any
employee or applicant for employment by the County or anyone employed by the
County.
SECTION 4 -- SHOP STEWARDS- AND .OFFICIAL REPRESENTATIVES
4.1 Attendance -at Meetings. Employees designated as shop stewards or official
representatives of the Union shall be allowed to attend meetings held by County
agencies during regular working hours on County time as follows:
1 . If their attendance is required by the County at a specific meeting.
2. if their attendance is sought by a hearing body or presentation of testi-
mony or other reasons;
8
3. if their attendance is required for a meeting necessary for settlement of
grievances filed pursuant to Section 24 - Grievance Procedure of this
Memorandum of Understanding and scheduled at reasonable times agreeable to
all parties;
4. if they are designated as a shop steward, in which case they may utilize a
reasonable time at each level of the proceedings to assist an, employee to
present a grievance provided the meetings are scheduled at reasonable .times
agreeable to all parties;
5. if they are designated as spokesperson or representative of the Union and
as such make representations or presentations at meetings or hearings on
wages, salaries and working conditions provided in each case advance
arrangements for time away from the employee' s work station or assignment
are made with the appropriate Department Head, and the County agency
calling the meeting is responsible for determining that the attendance of
the particular employee's) is required;
6. to attend examination appeal board hearings to assist an employee in making
a presentation.
4.2 Union Representatives. Official representatives of the Union shall be
allowed time off on County time for meetings during regular working hours when
formally meeting and conferring in good faith or consulting with the Employee
Relations Officer or other management representatives on matters within the
scope of representation, provided that advance arrangements for the time away
from the work station or assignment are made with the appropriate Department
Head.
SECTION 5 - SALARIES
5.1 General Wa a Increases
A. Effective, October 1 , 1989, each represented classification shall
receive a general wage increase of 39 levels on the County Salary
Schedule (4q) .
B. Effective January 1 , 1990 each represented classification shall receive
a general wage increase of 20 levels on the County Salary Schedule
(2%) .
C. Effective October 1 ,, 1990, salaries for all represented classifications
shall be increased by not less than 3 percent (29 levels). If the
increase in the U.S. Bureau of Labor Statistics . Consumer Price' Index
(Urban Wage Earners and Clerical Workers) for the San Francisco-Oakland
area between August 1989 and August 1990 is greater than 3 percent, the
general increase above 3 percent (rounded to the nearest level ) shall
be calculated at three-fourths (.75) of the percentage increase in the
Consumer Price Index (Urban Wage Earners and Clerical Workers) up to a
maximum general increase not to exceed a 6 percent total increase in
salary (58 levels).
9
5.2 Pa Equity Adjustments
A. Effective January 1 , 1990, each female dominated, represented classifi-
cation shall receive , a pay equity increase of 20 levels on the County
Salary Schedule (2%) .
B. Effective January- 1 , 1991 , each female dominated, represented classifi-
cation shall receive a pay equity increase of 10 levels on the County
Salary Schedule (1 %)
5.3 Lum2 Sum Pa)gent &. PaX Equity Stud
A. Lum2 Sum PaXTent
In lieu of a retroactive pay requiring special payroll recomputation
processing back to July 1 , 1989, the County will make a "lump sum
payment" to each employee for the months of July, August and September,
1989 computed as follows: Employee regular pay, overtime pay and spe-
cific other earnings ordinarily computed as a percentage of base pay
will be added together for each applicable pay period to determine the
"Retro Pay Base" (RPB). This base will then be multiplied by 4% to
arrive at the employee' s lump sum payment. The payment amount thus
computed will be added to the employees November 10, 1989 paycheck
where it will be listed separately as a "LUMP SUM PAYMENT" and will
be subject to normal tax withholding and retirement deduction require-
ments.
If the employee believes there is an underpayment resulting from this
methodology exceeding $30.00, the employee, should contact the Personnel
Department. The Personnel Department and the Auditor' s office will
investigate and issue/generate the additional pay, if owed, as soon as
possible.
B. PaXEquiLX
A pay equity study using point factor methodology, will be carried out
by the County using County Staff and resources. The County shall
attempt to complete the study as early as possible, but no later than
March 1 , 1991 .
Recommendations from the Pay Equity Study shall be submitted to the
Board of Supervisors for approval .
Pay Equity recommendations which are approved by the Board of
Supervisors shall beiimplemented in such fashion that the County will
provide fifty cents in pay equity adjustments for each one dollar
general wage increase authorized for the classifications represented by
the participating unions collectively, provided that the total of pay
equity adjustments in any fiscal year shall not exceed twenty-five per-
cent of the general payroll increase.
Pay Equity Adjustments resulting from the study shall be subject to
meeting and conferring for a successor Memorandum of Understanding com-
mencing October 1 , 1991 .
10
Each participating union will promise not to bring or support com-.
parable worth or pay equity litigation against Contra Costa County or
any agent, servant, officer, or employee of Contra Costa County and
further promise that in .the event litigation advancing comparable worth
or pay equity claims is brought against the County or any of its
agents, servants, officers, or employees, within five years from the
effective date of this agreement, by any person(s) employed or formerly
employed in a class(s) represented by the participating unions, the
union(s) representing such class(s) shall each pay up to five thousand
dollars ($5000) of the County' s attorney fees and costs; provided that
the union is not named as a co-defendant in such litigation.
5.4 Entrance Salaa. New employees shall generally be appointed at the minimum
step of the salary range established for the particular. class of position to
which the appointment is made. However, the appointing authority may fill a
particular position at a step above the minimum of the range.
5.5 Anniversary! Dates. Except as may otherwise be provided for in deep class
resolutions, anniversary dates will be set as follows:
A. New�EmploXees. The anniversary date of a new employee is the first day
of the calendar month after the calendar month when the employee suc-
cessfully completes six (6) months service provided however, if an
employee began work on the first regularly scheduled workday of the
month the anniversary date is the first day of the calendar month when
the employee successfully completes six (6) months service.
B. Promotions. The anniversary date of a promoted employee is determined
as for a new employee in Subsection 5.5.A above.
C. Demotions. The anniversary of a demoted employee is the first day of
r.he�calendar month after the calendar month when the demotion was
effective.
D. Transfer-,- Rea-11oc-ati-on -and Reclassification. The anniversary date of
an employee who is transferred to another position or one whose posi-
tion has been reallocated or reclassified to a class allocated to the
same salary range or to a salary range which is within five (5) percent
of the top step of the prev.ious classification, remains unchanged.
E. Reempl ooments_. The anniversary of an' employee appointed from a
reem-pp oyment list to the first step of the applicable salary range and
not required to serve a probation period is determined in the same way
as the anniversary date is determined for a new employee who is
appointed the same date, classification and step and who then success-
fully completes the required probationary period.
F. Notwithstanding other provisions of this Section 5, the anniversary of
an employee who is appointed to a classified position from outside the
County' s merit system at a rate above the minimum salary for the
employee' s new class, or who is transferred from another governmental
entity to this County' s merit system., is one (1 ) year from the first
day of the calendar month after the calendar month when the employee
was appointed or transferred; provided however, when the appointment or
transfer is effective on the employee' s first regularly scheduled work
day of that month, his/her anniversary is one (1 ) year after the first
calendar day of that month.
11
5.6 Increments Within Range. The performance of each employee, except those of
employees already at the maximum salary step of the appropriate salary range,
shall be reviewed on the anniversary date as set forth in Section 5.5 to deter-
mi ne
eter-mine whether the salary of the . employee shall be advanced to the next higher
step in the salary range. Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on satisfactory performance by
the employee. The appointing authority may recommend denial of the increment or
denial subject to one additional review at some specified date before the next.
anniversary, such date to be set at the time the original report is returned.
This decision may be appealed through the Grievance Procedure.
Except as herein provided, increments within range shall not be granted more .
frequently than once a year, nor shall more than one (1 ) step within-range
increment be granted at one time, except as otherwise provided in deep class
resolutions. In case an appointing authority recommends denial of the within
range increment on some particular anniversary date, but recommends a special
salary review at some date before the next anniversary the special salary review
shall not affect, the regular salary review on the next anniversary date.
Nothing herein shall be construed to make the granting of increments mandatory
on the County. If an operating department verifies in writing that an adminis-
trative or clerical error was made in failing to submit the documents needed to
advance an employee to the next salary step on the first of the month when eli-
gible, said advancement shall be made retroactive to the first of the month when
eligible.
5.7 Part-Time Com ensation. A part-time employee shall be paid a monthly
salary in the same ratio to the full-time monthly rate to which the employee
would be entitled as a full-time employee under the provisions of this Section 5
as the number of hours per week in the employee' s part-time work schedule bears
to the number of hours in the full-time work schedule of the department.
5.8 Compensation -for Portion of Month and Permanent -Intermittent Compensation.
Any emp oyee who works less than any full ca3endar month, except when on earned
vacation or authorized sick leave, shall receive as compensation for services an
amount which is in the same ratio to the established monthly rate as the number
of. days worked is to the actual working days in such employee's normal work
schedule for the particular month; but if the employment is intermittent, com-
pensation shall be on an hourly basis, which is calculated on the number of.
hours in the month worked plus five (5) percent above the salary step earned.
5.9 Position Reclassification. An employee who is an incumbent of a position
which is reclassified to a class which is allocated to the same range of the
basic salary schedule as is the class of the position before it was
reclassified, shall be paid at the same step of the range as the employee
received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated
to a lower range of the basic salary schedule shall continue to receive the same
salary as before the reclassification, but if such salary is greater than the
maximum of the range of the class to which the position has been reclassified,
the salary of the incumbent shall be reduced to the maximum salary for the new
classification. The salary of an incumbent of a position which is reclassified
12
to a class which is allocated to a range of the basic salary schedule'-greater
than the range of the class of the position before it was reclassified shall be
governed by the provisions of Section 5.11 - SalarX on Promotion.
5.10 SalarZ Reallocation andSalar on Reallocation.
A. In a general salary increase or decrease, an employee in a class which
is reallocated to a salary range above or below that to whichit t was
previously allocated, when the number of steps remain the same, shall
be compensated at the same step in the new salary range the employee
was receiving in the range to which the class was previously allocated.
If the reallocation is from one salary range with more steps to a range
with fewer steps or vice versa, the employee shall be compensated at
the step on the new range which is in the same percentage ratio to the
top step of the new range as was the salary received before realloca-
tion to the top step of the old range, but in no case shall any
employee be compensated at less than the first step of the range to
which the class is allocated.
B. In the event that' a classification is reallocated from a salary range
with more steps to a salary range with fewer steps on the salary sche
dul e, apart from the general salary increase or decrease described in
Sect-ion 5.10.A above, each incumbent of a position in the reallocated
class shall be placed upon the step of the new range which equals the
rate of pay received before the reallocation. In the event that the
steps in the new range do not contain the same rates as the old range,
each incumbent shall be placed at the step of the new range which is
next above the salary rate received in the old range, or if the new
range does not contain a higher step, at the step which is next lower
than the salary received in the old range.
C. In the event an employee is in a position which is reallocated to a
different class which is allocated to a salary range the same as, or
above or below the salary range of the employee' s previous class, the
incumbent shall be placed at the step in the new class which equals the
rate of pay received before reallocation. In the event that the steps
in the range for the new class do not contain the same rates as the
range, for the old class, the incumbent shall be placed at the step of
the new range which is next above the salary rate received in the old
range; or if the new range does not contain a higher step, the incum-
bent shall be placed at the step which is next lower than the salary
received in the old range.
D. In the event of reallocation to a deep class, the provisions of the
deep class resolution and incumbent sal.ary allocations, if any, shall
supercede Section 5.10.
5.11 Salary on Promotion. Any employee who is appointed to a position of a
class a o—ll- cated to a higher salary range than the class previously occupied,
except as provided under Section 5.13, shall receive the salary in the new
salary range which is next higher than the rate received before promotion. In
the event this increase is less than five (5) percent, the employee' s salary
13
shall be adjusted. to the step in the new range which is at least five (5) per-
cent greater than the next higher step; provided, however, that the next step
shall not exceed the maximum salary for the higher class.
5.12 Salary on Involuntar y Demotion. Any employee who is demoted, except as
provided under Section 5.13, shall have his/her salary reduced to the monthly
salary step in the range for the class of position to which he/she has been
demoted next lower than the salary received before demotion. In the event this
decrease is less than five (5) percent, the employee' s salary shall be adjusted
to the, step in the new range which is five (5) percent less than the next lower
step; provided, however, that the next step shall not be less .than the minimum
salary for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of
the demoted employee shall be that step on the salary range which he/she would
have achieved had he/she been continuously in the position to which he/she has
been demoted,all within-range increments having been granted.
5.13 Salary on Volunta�r,y-Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary range lower than that of the class from
which he or she demotes, his or her salary shall remain the same if the steps in
his or her new (demoted ) salary range permit, and if not, the new salary shall
be set at the step next below former salary.
5.14 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of
the new class which equals the rate of pay received before the transfer. In- the
event that the steps in the range for the new class do not contain the same
rates as the range for the ofd class, the employee shall be placed at the step
of the new range which is next above the salary rate received in the old range;
or if the -new range does not contain a higher step, the employee shall be placed
at the step which is next lower than the salary received in the old range.
Whenever a permanent employee transfers to or from a deep class, as provided in
the appropriate deep class resolutions, the salary of the employee shall be set
as provided in the deep class resolutions at a step not to exceed a five (5)
percent increase in the employee' s base salary.
However, if the deep class transfer occurs to or from a deep class with
specified levels identified for certain positions and their incumbents, the
employee' s salary in the new class shall be set in accordance with the section
on "salary on promotion" if the employee is transferrring to another class or to
a level in a deep class for which the salary is at least five (5) percent above
the top base step of the deep class level or class in which they have status
currently.
5.15 PaX for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which
the compensation is greater than that to which the employee is regularly
assigned, the employee shall receive compensation for such work at the rate of
pay established for the higher classification pursuant to Subsection 5.11
14
Salary on Promotion of this Memorandum, commencing on the 'eleventh (11th) work
day of the assignment, under the following conditions:
1 . The employee is assigned to a program, service, or activity established by
the Board of Supervisors which is reflected in an authorized position which
has been classified and assigned to the Salary Schedule.
2. The nature of the departmental assignment is such that the employee. in the
lower classification becomes fully responsible for the duties of the -posi-
tion of the higher classification.
3. Employee selected for the assignment will normally be expected to meet the
minimum qualifications for the higher classification.
4. Pay for work in a higher classification shall not be utilized as a substi-
tute for regular promotional procedures provided in this Memorandum.
5. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
6. If approval is granted for pay for work in a higher classification and the
assignment is terminated and later reapproved for the same employee within
thirty (30) days, no additional waiting period will be required.
7 . Any incentives (e. g. , the education incentive) and special differentials
(e.g. , bilingual . differential and hazardous duty differential ) accruing to
the employee in his/her permanent position shall continue.
B. During the period of work for higher pay in a higher . classification, an
employee will retain his/her permanent classification, and anniversary and
salary review dates will be determined by time in that classification.
9. Allowable overtime pay, shift differential and/or work location differen-
tials will be . paid on the basis of the rate of pay for the higher class.
5.16 Paxment. On the tenth. (10th) day of each month, the Auditor will draw a
warrant upon the Treasurer in favor of each employee for the amount of salary
due the employee for the preceding month; provided, however, that each employee
(except those paid on an hourly rate) may choose to receive an advance on the
employee' s monthly salary, in which case the Auditor shall , on the twenty-fifth
(25th) day of each month, draw. his/her warrant upon the Treasurer in favor of
such employee.
The advance shall be in an amount equal to one-third (1/3) or less, at the
employee' s option, of the employee' s basic salary of the previous month except
that it shall not exceed the amount of the previous month' s basic salary less
all requested or required deductions.
An election to receive or discontinue an advance shall not be made more than
twice in any calendar year or during the first month of employment by filing
forms prepared by the Auditor-Controller.
15
Each election shall become effective on the first day of the month following the
deadli-ne for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section, all required or
requested deductions from salary shall be taken from the second installment,
which is payable on the tenth '(10th) day of the following month.
5.17 Pay Warrant Errors . If an employee receives a pay warrant which has an
error in the amount of compensation to be received and if this error occurred as
a result of a mistake by the Audi tor-Control l er' s Department, it is the policy
of the Auditor-Controller' s Department that the error will be corrected and a
new _ warrant issued within forty-eight (48) hours, exclusive of Saturdays,
Sundays and holidays from the time the Department is made aware of and verifies
that the pay warrant is in error.
Pay errors found in employee pay shall be corrected as soon as possible as to
current pay rate but that no recovery of either overpayments or underpayments to
an employee shall be made retroactively except for the two (2) year period
immediately preceding discovery of the pay error. This provision shall apply
regardless of whether the error was made by the employee, the appointing
authority or designee, the Director of Personnel or designee, or the
Auditor-Controller or designee.
Recovery of fraudulently accrued over or underpayments are excluded from this
section for both parties.
When . the County notifies an employee of an overpayment and proposed repayment
schedule and the employee wishes to meet with the County, a meeting will be held
at which time a repayment schedule shall be determined. If requested by the
employee, a Union representative may be present at a meeting with management to
discuss a repayment schedule in the case of overpayments to the employee.
SECTION 6 - DAYS AND HOURS OF WORK
The normal work week of County employees is forty (40) hours between 12:01 a.m.
.Monday to 12:00 midnight Sunday, usually five (5) eight (8) hour days. However,
where operational requirements of a department require deviations from the usual
pattern of five (5) eight (8) hour days per work week, an employee'. s work hours
may be scheduled to meet these requirements. The Department Head shall prepare
written schedules in advance to support all deviations and encompassing the
complete operational cycle contemplated.
The work week for employees in the "4-10" shift is four (4) ten (10) hour
working days during a work week consisting of any seven (7) day period. If the
County wants to eliminate any existing "4-10" shift and substitute a "5-8" shift
or to institute a "4-10" shift which does not allow for three (3) consecutive
days off (excluding overtime days or a change of shift as-signment), it will meet
and confer with the Union prior to implementing said new shift.
16
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work performed in excess of forty
hours per week or eight hours per day. Overtime for "4-10" shift employees is -
any work performed beyond - ten (10) hours per day or forty (40) hours per week.
All overtime shall be compensated for at the rate of one and one-half (1-1/2)
times the employee' s base rate of pay (not including shift and other special
differentials).
Overtime for permanent employees is earned and credited in a minimum of one-half
hour increments and is compensated by either pay or compensatory time off.
Employees entitled to overtime credit for holidays in positions which work
around the clock (such as the County hospital , the Sheriff' s office and jails,
and the juvenile hall and boys' ranch) shall be provided a choice as to
whether they shall be paid at the overtime rate or shall receive compensatory
time off at the. rate of one and one-half hours compensatory time off for each
hour worked. Such compensatory time off, and the accumulation thereof shall be
in addition to the total vacation accumulation permitted under the terms of this
Memorandum of Understanding. The specific provisions of this accumulation are
set forth in Section 12.6 of this Memorandum of Understanding. Regular overtime
for twenty-four (24) hour institutional employees may be accrued as compensatory
time in accordance with Section 7.2 of this Memorandum of Understanding.
7 .2 Gcm ensator Time. The following provisions shall apply:
A. Employees may periodically elect to accrue compensatory time off in
lieu of overtime pay. Eligible employees must notify their Department
Head or his or her designee of their intention to accrue compensatory
time off or to receive overtime pay at least thirty (30) days in
advance of the change.
B. The names of those employees electing to accrue compensatory time off
shall be placed on a list maintained by the Department. Employees who
become eligible (i .e., newly hired employees, employees promoting,
demoting, etc. ) for compensatory time off in accordance with these
guidelines must elect to accrue compensatory time or they will be paid
for authorized overtime hours worked.
C. Compensatory time off shall be accrued at the rate of one and one-half
(1-1/2) times the actual authorized overtime hours worked by the
employee.
D. Employees may not accrue a compensatory_ time off balance that exceeds
one-hundred twenty (120) hours (i .e. , eighty (80) hours at time and
one-half). Once the maximum balance has been attained, authorized
overtime hours will be paid at the overtime rate. If the employee' s
balance falls below one-•hundred twenty (120) hours, the employee shall
again accrue compensatory time off for authorized overtime hours worked
until the employee' s balance again reaches one-hundred twenty (120)
hours.
17
E. . Accrued compensatory time off shall be carried over for use in the next
fiscal year; however,' as provided in D above, accrued compensatory time
off balances may not exceed one hundred twenty (120) hours.
F. Employees may not use more than one hundred twenty (120) hours of com-
pensatory time off in any fiscal year period (July 1 - June 30) .
G. The use of accrued compensatory time off shall be by mutual agreement
between the Department Head or his/her designee and the employee.
Compensatory time off shall not be taken when the employee would be
replaced by another employee who would be eligible to receive, for time
worked, either overtime payment or compensatory time accruals as pro-
vided for in this Section. This provision may be waived at the discre-
tion of the Department Head or-his or her designee.
H. When an employee promotes, demotes or transfers from one classification
eligible for compensatory time off to another classification eligible
for, compensatory time off within the same de artment, the employee' s
accrued compensatory time off balance will be carried forward with the
employee.
I . Compensatory time accrual balances will be paid off when an employee
moves from one department to another through promotion, demotion or
transfer. Said payoff will be made in accordance with the provisions
and salary of the class from which the employee is promoting, demoting
or transferring as set forth in J below.
J. Since employees accrue compensatory time off at the rate of one and
one-half (1-1/2) hours for each hour of authorized overtime worked,
accrued compensatory time balances will be paid off at the straight
time rate (two-thirds (2/3) the overtime rate) for the employee' s
current salary whenever:
1 . the employee changes status and is no longer eligible for compen-
satory time off;
2. the employee promotes, demotes or transfers to another department;
3. the employee separates from County service;
4. the employee retires.
K. The Office of the County Auditor-Controller will establish timekeeping
procedures to administer this Section.
7.3 Fair Labor Standards Act - Provisions: The Fair Labor Standards Act, as
amended, may govern certain terms and conditions of the employment of employees
covered by this M.O.U. It is anticipated that compliance with the Act may
require changes in some of the County policies and practices currently in effect
or agreed upon. If it is determined by the County that certain working con-
ditions, including but not limited to work schedules, hours of work, method of
computing overtime, overtime pay, and compensatory time off entitlements or use,
must be changed to conform .with the Fair Labor Standards Act, such terms and
conditions of employment shall not be controlled by this Memorandum of
Understanding but shall be subject to modification by the County to conform to
18
the Federal Law without further meeting and conferring. The County shall notify
the Union (employee organizations) and will meet and confer with said organiza-
tion regarding the implementation of such modifications.
7 .4 Reimbursement For Meal E_ Uenses
Employees shall be reimbursed for meal expenses under the following cir-
cumstances and in the amount specified:
1 . When the employee is required to be out of his/her regular or normal
work area during a meal hour because of a particular work assignment-
and with prior approval of the department head or his designee.
2. When the employee is required to stay over to attend consecutive or
continuing afternoon and night sessions of a board or commission..
3. When the employee is required to incur expenses as host for official
guests of the County, work as members of examining boards, official
visitors, and speaker or honored guests at banquets or other official
functions.
4. When the employee is required to work three or more hours of overtime;
in this case he/she may be reimbursed in accordance with the
Administrative Bulletin on Expense Reimbursement.
Meal costs will be reimbursed only when eaten away from home, or away from
the facility in the case of employees at 24-hour institutions.
Procedures and definitions relative to reimbursement for meal expenses
shall be in accordance with the Administrative Bulletin on Expense
Reimbursement.
SECTION 8 - CALL BACK TIME
Any employee who is called back to duty shall be paid at the appropriate rate
for the actual time worked plus one (1 ) hour. Such employee called back shall
be paid a minimum of two (2) hours at the appropriate rate for each call back.
SECTION- 9 - ON-CALL DUTY
On call duty is any time other than time when the employee is actually on duty
during which an employee is not required to be on County premises but stand
ready to immediately report for duty and must arrange so that his/her superior
can reach him/her on ten (10) minutes notice or less. An employee assigned to
on-call time shall be paid one (1 ) hour of straight time credit for each four
(4) hours on such on-call time unless otherwise provided in the supplemental
sections of this Agreement. Where on-call arrangements exist, the Department
Head shall designate which employees are on-call unless otherwise provided in
the supplemental sections of this Agreement.
19
SECTION 10 - SHIFT DIFFERENTIAL
In the hours which qualify for shift differential , employees shall receive five
(5) percent above their base salary rate.
To qualify for shift differential , an employee must have a regularly assigned
daily work schedule which requires:
A. Completion of more than one and one-half (1-1/2) hours over the normal
actual working time; or
B. at least four (4) hours of .actual working time from 5 :00 p.m. through
9:00 a.m. inclusive. However, employees who have been regularly
working a shift qualifying for shift differential immediately pre-
ceding the commencement of a vacation, paid sick leave period, paid
disability or other paid leave, will have shift differential included
in computing the pay for their leave. The paid leave of an employee
who is on a rotating shift schedule shall include the shift differen-
tial that would have been received had the employee worked the shift
for which the employee was scheduled during such period. Shift dif-
ferential shall only be paid during paid sick leave and paid disabi-
lity as provided above for the first thirty (30) calendar days of each
absence.
SECTION 11 -- SEPARATION THROUGH LAYOFF
11 .1 Grounds for La off. Any employee(s) having permanent status in
positionTS7— the merit service may be laid off when the position is no longer
necessary, or for reasons of economy, lack of work, lack of funds or for such
other reason(s) as the Board of Supervisors deems sufficient for abolishing the
position(s).
11 . 2 Order of Layoff. The order of layoff in a department shall be based on
inverse seniority in the class of positions, the employee in that department
with least seniority being laid off first and so on.
11 . 3 Layoff By Displacement.
A. In the Same Class. A laid off permanent full-time employee may
displace an employee in the department having less seniority in the
same class who occupies permanent intermittent or permanent part-time
position, the least senior employee being displaced first.
B. In- the Same Level or Lower Class. A laid off or displaced employee
who had achieved permanent status in a class at the same or lower
salary level as determined by the salary schedule in effect at the
time of layoff may displace within the department and in the class an
employee having less seniority; the least senior employee being
displaced first, and so on with senior displaced employees displacing
junior employees.
20
11 .4 Particular Rules on DisplacI U.
A. Permanent intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type respec-
tively.
espec-
tively.
B. A Permanent full-time employee may displace any intermittent or part-
time employee with less seniority 1 ) in the same class as provided in
Section 11 .3 (A) , .or 2) in a class of the same or lower salary level
as provided in Section 11 .2 (B) if no full-time employee in a class at
the same or lower salary level has less seniority than the displacing
employees.
C. Former permanent full-time employees who have voluntarily become per-
manent part-time employees for the purpose of reducing the impact of a
proposed layoff with the written approval of the Director of Personnel
or designee retain their permanent full-time employee seniority rights
for layoff purposes only and may in a later layoff displace a full-
time employee with less seniority as provided in these rules.
11 .5 Seniority. An employee' s seniority within a class for layoff and displa-
cement purposes shall be determined by adding the employee' s length of service
in the particular class in question to the employee' s length of service in other
classes at the same or higher salary levels as determined by the salary schedule
in effect at the time of layoff. Employees reallocated or transferred without
examination from one class to another class having a salary within five percent
of the former class shall carry the seniority accrued in the former class into
the new class. Service for layoff and displacement purposes includes only the
employee' s last continuous permanent County employment. Periods of separation
may not be bridged to extend such service unless the separation is a result of
layoff in which case {bridging will be authorized if the employee is reemployed
in a permanent position within the employee' s layoff eligibility. Approved
leaves of absence as provided for in these rules and regulations shall not
constitute a period of separation. In the event of ties in seniority rights in
the particular class in question, such ties shall be broken by length of last
continuous permanent County employment. If there . remain ties in seniority
rights, such ties shall be broken by counting total time in the department in
permanent employment. Any remaining ties shall be broken by random selection
among the employees involved.
11 .6 EliQibilit for- Layoff List. Whenever any person who has permanent status
is laid off, has been displaced, has been demoted by displacement or has volun-
tarily demoted in lieu of layoff or displacement, the person' s name shall be
placed on the Layoff list for the class of positions from which that person has
been removed.
11 .7 Order of Names on Layoff. First, layoff lists shall contain the names of
persons laidid off or displaced or when demoted as a result of a layoff or displa-
cement, or who have voluntarily demoted in lieu of layoff or displacement, names
shall be listed in order of layoff seniority in the class from which laid off,
displaced or demoted on the date of layoff, the most senior person listed first.
In case of ties in seniority, the seniority rules shall apply except that where
21
there is a class seniority tie between persons laid off from different depart-
ments, the tie(s) shall be broken by length of last continuous permanent County
employment with remaining ties broken by random selection among the employees
involved.
11 .8 Duration of Layoff Rights. The name of any person laid off shall continue
on the layoff list for a period of two (2) years. Persons placed on layoff
lists shall be continued on the list for an additional two years if application
for extension of eligibility, is made before the expiration of the original
period of eligibility.
11 .9 Certi-fi cati on of Persons -From Layoff Lists. Lay off lists contai n the
name(sf person(s) laid off, displaced or demoted by displacement or volun-
tarily demoted in lieu of layoff. When a request for personnel is received from
the appointing authority of a department, if a layoff list exists for the class,
the appointing authority shall receive and appoint the eligible highest on the
layoff list from that department; or in the case that there is no layoff from
that department, the appointing authority shall receive and appoint the eligible
highest on the layoff list. 'However, if an eligible so certified is rejected
during probation as referenced in Section 19.7 and 19.8 and restored to , the
layoff list, the rejected employee will not again be certified to the department
from which rejected on probation unless the appointing authority so requests.
The Director of Personnel shall recommend to the Board. of Supervisors that a
person employed from a layoff list be appointed at the same step of that salary
range the employee held on the day of layoff.
11 .10 Removal of Names from L_ a-off Lists . The Director of Personnel may remove
the name of any eligible from a layoff list for any reason listed below:
A. For any cause stipulated in Section 404.1 of the Personnel Management
Regulations.
B. On evidence that the eligible cannot be located by postal authorities.
C. On receipt of a statement from the appointing authority or eligible
that the eligible declines certification or indicates no further
desire for appointment in the class.
D. If three offers of permanent appointment to the class for which the
eligible list was established have been declined by the eligible.
E. If five certifications for permanent appointment from an open
employment list, including certification to two different departments
if the class has permanent positions in more than one department have
failed to result in selection and appointment.
F. If the eligible fails to respond to the Director of Personnel or the
appointing authority within five (5) days to written notice of cer-
tification mailed to the person' s last known address. Notice shall be
sent to the person affected.
11 .11 Union Notification. When it appears to the Department Head and/or
22
Employee Relations Officer that the Board of Supervisors may take action which
will result, in the layoff of employees in a representation unit represented by
the Union, the Employee Relations Officer shall notify the Union of the possibi-
lity of such layoffs and shall meet and confer with it regarding the implemen-
tation of the action.
The County agrees to give employees ten (1 0) work days (eight (8) work days for
employees on the "4-10" workweek) notice of layoff.
SECTION 12--- HOLIDAYS
12.1 The County will observe the following holidays:
A. January lst, known as New Years Day
Third Monday in January known as Dr. Martin Luther King Jr, Day
Third Monday in February, known as Presidents Day
The last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veteran' s Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after, Thanksgiving Day
December 25th, .known as Christmas Day
Such other days as the Board of Supervisors may by resolution
designate as holidays.
B. Each employee shall accrue two (2) hours of personal holiday credit
per month. Such personal holiday time may be taken in increments of
one-half (1%2) . hour, and preference of personal hol i days shall be
given to employees according to their seniority 'in their department as
reasonably as possible. No employee may accrue more than forty (40)
hours of personal holiday . credit beginning January 1 , 1988. On
separation from County service, an employee shall be paid for any
unused personal holiday credits at the employee' s then current pay
rate.
12.2 The following provisions indicate how holiday credit is to be applied:
A. Employees on the five (5) day Monday through Friday work schedule
shall be entitled to a holiday whenever a holiday is observed pur
suant to the schedule cited above.
B. Employees on a work schedule other than Monday through Friday shall be
entitled to credit for any holiday, whether worked or not, observed by
employees on the regular schedule.
C. For all employees, if a work day falls on a scheduled holiday they
shall receive overtime pay or equivalent compensatory time credit
(Holiday Credit) for working the holiday, or if a holiday falls on the
day off of an employee, the employee- shall be given straight time pay
or equivalent compensatory time credit.
23
D. If any holiday listed in Section 12.1 .A falls on a Saturday, it shall
be celebrated on the preceding Friday. If any holiday listed in
Section 12.1 .A falls on a Sunday, it shall be celebrated on the
following Monday. For employees in the Health Services Department
(only) assigned to units or services on a shift operational cycle
which includes Saturday or Sunday as designated by the appointing
authority (rather than Monday through Friday eight (8) hours per day
or a designated "4/10" or "9/80" schedule) holidays shall be observed
on the day on which the holiday falls, regardless if it is a Saturday
or Sunday.
The purpose of this plan is to equalize holidays between employees on regular
work schedule and those on other work schedules.
12.3 Permanent Part-Time Em to ees shall receive holiday credit in the same
ratio to the holiday credit given full-time employees as the number of hours per
week in the part-time employee' s schedule bears to the number of hours in the
regular full-time schedule, regardless of whether the holiday falls on the part-
time employee ' s regular work day.
12.4 "4%10" Shift - HolidaXs.
A. Holiday Shift Pay. For all employees, if a work day falls on a sche-
duled holiday, they shall receive overtime pay or equivalent compen-
satory time credit (Holiday Credit) for working the holiday for the
first eight (8) hours worked; or if a holiday falls on the day off of
an employee, the employee shall be given straight time pay or equiva-
lent compensatory time credit for eight (8) hours.
B. Absence on Holiday. The maximum time. charged to sick leave, vacation
or leave without pay on a holiday shall be two (2) hours.
12.5 "9/80" Shift Holidays.
A. Holiday Shift PaZ. For all employees, if a work day falls on a sche-
duled holiday, they shall receive overtime pay or equivalent compen-
satory time credit (Holiday Credit) for working the holiday for the
first eight (8) hours worked; or if a holiday falls on the day off of
an employee, the employee shall be given straight time pay or equiva-
lent compensatory time credit for eight (8) hours.
B. Absence on Holida . The maximum time charged to sick leave, vacation,
or leave without pay on a holiday shall be one (1 ) hours.
12.6 Accrual of- -HolidaX Time & Credit. Employees entitled to holiday credit
shall be permitted to elect between pay at the overtime rate or compensatory
time off in recognition of holidays worked.
24
The following procedures shall apply to this selection:
A. Any person who is eligible and who elects to accrue holiday credit
must agree to do so for a full fiscal year (July 1 through June 30) ,
or the remainder thereof.
B. Employees starting work after a list of those electing to accrue holi-
day credit has been submitted to the Auditor and approved, will be
paid overtime unless they specifically request in writing within seven
(7) calendar days to be placed on the holiday credit accrual list.
C'. Holiday time shall be accrued at the rate specified above to a maximum
of eight (8) hours worked by the employee.
D. Accrued holiday credit may not be accumulated in excess of two hundred
eighty-eight (288) working. hours exclusive of regular vacation
accruals. After two hundred eighty-eight (288) hours, holiday time
shall be paid at the rates specified above.
E. Accrued holiday credit may be taken off at times determined by mutual
agreement of the employee and the Department Head.
F. Accrued holiday credit shall be paid off only upon a change in status
of the employee such as separation, transfer to another department or
reassignment to a permanent- intermittent position.
SECTION 13 --VACATION LEAVE
13.1 Vacation Allowance. Employees in permanent positions are entitled to
vacation with pay. Accrual is based upon straight time hours of working time
per calendar month of service and begins on the date of appointment to a per-
manent position. Increased accruals begin on the first of the month following
the month in which the employee qualifies. Accrual for portions of a month
shall be in minimum amounts of one (1 ) hour calculated on the same basis as for
partial month compensation pursuant to Section 5.8 of this Memorandum of
Understanding. Vacation credits may be taken in 1/2 hour increments but may not
be taken during the. first six (6) months of employment (not necessarily synony-
mous with probationary status) except where sick leave has been exhausted.
25
13.2 Vacation Accrual Rates .
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years . 10 240
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
1.3.3 No employee who has been granted a leave without pay or unpaid military
leave shall accrue any vacation credit during the time of such leave, nor shall
an employee who is absent without pay accrue vacation credit during the absence.
13.4 Vacation Allowance for Separated Em to ees. On separation from County
service, an employee shall be paid for any unused vacation credits at the
employee' s then current pay rate.
13.5 Preference of vacation shall be given to employees according to their
seniority in their department as reasonably as possible.
13.6 Employees in permanent part-time and permanent intermittent positions
shall accrue vacation benefits on a prorated basis as provided in Ordinance Code
Section 36-2.006 of Board Resolution No. 81/1165.
SECTION 14 = SICK LEAVE
14.1 The purpose of paid sick leave is to insure employees against loss of pay
for temporary absences from work due to illness or injury. Sick leave may be
used only as authorized; it is not paid time off which employees may use for
personal activities.
14.2 Sick leave credits accrue at the rate of eight (8) working hours credit for
each completed month of service. Employees who work a portion of a month are
entitled to a pro rata share of the monthly sick leave credit computed on the
same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one-
half (1/2) hour. Unused sick leave credits accumulate from year to year. When
an employee is separated, other than through retirement, accumulated sick leave
credits shall be cancelled, unless the separation results from layoff in which-
case the accumulated credits shall be restored if the employee is reemployed in
a permanent position within the period of his/her layoff eligibility.
Upon retirement, an employee' s accumulated sick leave shall be converted to
retirement time on the basis of one day of retirement service credit for each
day of accumulated sick leave credit.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval , by an employee in pay status, but only in the following instances:
26
A. An employee may use paid sick leave credits when the employee is off
work because of a temporary illness or injury.
B. Sick leave may be used by permanently disabled employees until all
accruals of the employee have been exhausted or until the employee is
retired by the Retirement Board subject to the conditions listed
below. For the purposes of this Section 14, permanent disability
shall mean the employee suffers from a disabling physical injury or
illness and is thereby prevented from engaging in any County occupa-
tion for which he or she is qualified by reason of education, training
or experience. Sick leave credits may be used under this provision
only when the following requirements are met:
1 . An application for retirement due to disability has been filed
with the Retirement Board and
2.. satisfactory medical evidence of such disability is received by
the appointing authority within thirty (30) days of the start of
use of sick leave for permanent disability. The appointing
authority may review medical evidence and order further examina-
tion as he/she deems necessary, and may terminate use of sick
leave when such further .examination demonstrates that the employee
is not disabled, or when the appointing authority determines that
the medical evidence submitted by the employee is insufficient, or
where the above conditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits
while under a physician' s orders to remain secluded due to exposure to
a communicable disease.
D. Sick Leave Utilization for Pregnancy Di_sabil i X. Every female employee
shall be�enttitl ed to at least four months leave of absence on account
of pregnancy "disability and to use available sick leave or vacation
pay entitlements during such leave.
1 . Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of disabi-
lity from the employee' s attending physician. The statement must
address itself to the employee' s general physical condition having
considered the nature of the work performed by the employee, and
it must indicate the date of the commencement of the disability as
well as the date the physician anticipates the disability to ter-
minate. The appointing authority retains the right to medical
review of all requests for such leave.
2. If a female employee does not apply for sick leave and the
appointing authority believes that the employee is not able to
properly perform her work or that her general health is impaired
due to disability caused or contributed to by pregnancy,
miscarriage, abortion, childbirth or recovery therefrom, the
employee shall be required to undergo a physical examination by a
physician selected by the County, the cost of such examination
shall be borne by the County. Should the medical report so recom-
27
mend, a mandatory leave shall be imposed upon the employee for the
duration of the disability.
3. If all accrued sick leave has been utilized by the employee, the
employee shall be considered on leave without pay. Sick leave may
not be utilized after the employee has been released from the
hospital unless the employee has provided the County with a writ-
ten statement from her attending physician stating that her disa-
bility continues and the projected date of the employee' s recovery
from such disability.
E. Medical and Dental ARpointments. An employee may use paid sick leave
credits for medical and dental appointments as follows:
1 . For working time used in keeping medical and dental appointments
for the employee' s own . care; and
2. for working time (not over forty (40) hours in each fiscal year)
used by an employee for pre-scheduled medical and dental appoint-
ments for an immediate family member living in the employee' s home
and for children and , parents who may reside outside of the
employee' s home. Such use of sick leave credits shall be
accounted for by the department on a fiscal year basis. Any
balance of the forty (40) hours remaining at the end of the fiscal
year shall not be carried over to the next year; departments shall
notify the employee if the maximum allowance is reached.
Authorization to use sick leave for this purpose is contingent on
availability of accumulated sick leave credits; it is not an addi-
tional allotment of sick leave which employees may charge.
F. Emer enc Care of Eamil An employee may use paid sick leave for
working time used in cases of illness, or injury to, an immediate
family member living in the employee' s home or for children and
parents who may reside outside of the employee' s home.
G. Death of FamilX Member_. An employee may use said sick leave credits
for absence from work because of a death in the employee' s immediate
family, but . this shall not exceed three (3) working days plus up to
two (2) days of work time for necessary travel .
14.3 Administration of Sick Leave.
A. Accumulated paid sick leave credits may not be used in the following
situations:
1 . Vacation. For an employee' s illness or injury while the employee
is on vacation except when extenuating circumstances exist and the
appointing authority approves.
2. Not in Pay Status. . When the employee would otherwise be eligible
to use paid sick leave credits but is not in a pay status.
28
B. The proper administration of sick leave is a responsibility of the
employee and the Department Head. The following procedures apply:
1 . Employees are responsible for notifying their department of an
absence as early as possible prior to the commencement of their
work shift or not later than thirty (30) minutes thereafter if
possible. Notification shall include the reason and possible
duration of the absence.
2. Employees are responsible for keeping their department informed of
their continuing condition and probable date of return to work.
3. Employees are responsible for obtaining advance approval from
their appointing authority or designee for the schedule time of
prearranged personal or family medical and dental appointments.
The use of sick leave may be denied if these procedures are not followed. abuse
of sick leave on the part of the employee is cause for disciplinary action. To
ascertain the propriety of claims against sick leave, Department Heads may make
such investigations as they deem necessary.
14.4 DisabiI ice.
A. An employee physically or mentally incapacitated for the performance
of duty is subject to dismissal , suspension or demotion, subject to
the County Employees Retirement Law of 1937. An appointing authority
after giving notice may place an employee on leave if the appointing
authority has filed an application for disability retirement for the
employee, or whom the appointing author=ity believes to be temporarily
or permanently physically or mentally incapacitated for the perfor-
mance of the employee' s duties.
B. An appointing authority who has reasonable cause to believe that there
are physical or mental - health conditions present in an employee which
endanger the health or safety of the employee, other employees, or the
public, or which impair the employee' s performance of duty, may order
the employee to undergo at County expense and on the employee' s paid
time, a physical , medical and/or psychiatric exmination by a licensed
physician and receive a report of the findings on such examination.
If the examining physician recommends that treatment for physical or.
mental health problems, including leave, are in the best interests of
the employee or the County in relation to the employee overcoming any
disability and/or performing his or her duties the appointing
authority may direct the employee to take such leave and/or undergo
such treatment.
C. Leave due to temporary or permanent disability shall be without preju-
dice to the employee' s right to use sick leave, vacation, or any other
benefit to which the employee is entitled other than regular salary.
The Personnel Director may order lost pay restored for good cause and
subject to the employee' s duty to mitigate damages.
29
D. Before an employee returns to work from any absence for illness or
injury, other leave of absence or disability leave, exceeding two
weeks in duration, the appointing authority may order the employee to
undergo at County expense a physical , medical, and/or psychiatric exa-
mination by a licensed physician, and may consider a report of the
findings on such examination. If the report shows that such employee
is physically or mentally incapacitated for the performance of duty,
the appointing authority may take such action as he deems necessary in
accordance with appropriate provisions of this Memorandum of.
Understanding.
E. Before an employee is placed on an unpaid leave of absence or
suspended because of physical or mental incapacity under (a) or (b)
above, the employee shall be given notice of the proposed leave of
absence or suspension by letter or- memorandum, delivered personally or
by certified mail , containing the following:
1 . a statement of the leave of absence or suspension proposed;
2. the proposed dates or duration of the leave or suspension which
may be indeterminate until a certain physical or. mental health
condition has been attained by the employee;
3. a statement of the basis upon which the action is being taken
4. a statement that the employee may review the materials upon which
the action is taken;
5. a statement that the employee has until a specified date (not less
than seven (7) work days from personal delivery or mailing of the
notice ) to respond to the appointing authority orally or in
writing.
F. Pending response to the notice the appointing authority for cause spe-
cified in writing may place the employee on a temporary leave of
absence, with pay.
G. The employee to whom the notice has been delivered or mailed shall
have seven (7) work days to respond to the appointing authority either
orally or in writing before the proposed action may be taken.
H. After having complied with the notice requirements above, the_
appointing authority may order the leave of absence or suspension in
writing stating specifically the basis upon which the action is being
taken, delivering the order to the employee either personally or by
certified mail , effective either upon personal delivery or deposit in
the U.S. Postal Service.
I . An employee who is placed on leave or suspended under this section
may, within ten (10) calendar days after personal delivery or mailing
to the employee of the order, appeal the order in writing through the
Director of Personnel to the Merit Board. Alternatively, the employee
may file a written election with the Director of Personnel waiving the
employee' s right to appeal to the Merit Board in favor of appeal to a
Disability Review Arbitrator.
30
J. In the event of an appeal either to the Merit Board or the Disability
Review Arbitrator, the employee has the burden of proof to show that
either:
1 , the physical or mental health condition cited by the appointing
authority does not exist, or
2. the physical or mental health condition does exist, but it is not
sufficient to prevent, preclude, or impair the employee' s perfor-
mance of duty, or is not sufficient to endangerthe health or
safety of the employee, other employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be
transmitted by the Director of Personnel to the Merit Board for
hearing under the Merit Board' s Procedures, Section 1114-1128 inclu-
sive. Medical reports submitted in evidence in such hearings shall
remain confidential information and shall not be a part of the public
record.
L. If the appeal .is to a Disability Review Arbitrator, the employee (and
his representative) will meet with the County' s representative to
mutually select the Disability Review Arbitrator, who may be a defacto
arbitrator, or a physician, or a rehabilitation specialist, or some
other recognized specialist mutually selected by the parties. The
arbitrator shall hear and review the evidence. The decision of the
Disability Review Arbitrator shall be binding on both the County and
the employee.
Scoee of the Arbitrator' s Review.
a. The arbitrator may affirm, modify or revoke the leave of absence
or suspension.
b. The arbitrator may make his decision based only on evidence sub-
mitted by the County and the employee.
c. The arbitrator may order back pay or paid sick leave credits for
any period of leave of absence or suspension if the leave or
suspension is found not to be sustainable, subject to the
employee' s duty to mitigate damages,
d. The arbitrator' s fees and expenses shall be paid one-half by the
County and one-half by the employee or employee' s association.
M. It is understood that the benefits specified in Sections 14 and 15
shall be coordinated with the rehabilitation program as determined by
the labor-management committee.
14.5 Definition of Immediate Family. For the purposes of this Section 14 the
immediate family shall be restricted to the spouse, son, stepson, daughter,
stepdaughter, father, step-father, mother, stepmother, brother, sister, grand-
parent, grandchild, , father- in-law, mother- in-law, son-in-law,, brother-in-law,
daughter- in-law, or sister- in-law of an employee.
31
14.6 No employee who has been granted a leave without pay or an unpaid military
leave shall accrue any sick 'leave credits during the time of such leave nor
shall an employee who is absent without pay accrue sick leave credits during the
absence.
14.7 Integration of State Disability Benefits with the County Sick Leave
Benefit Program. Employees ;eligible for State Disability benefits and sick
leave benefits for any portion of disability shall be required to make applica-
tion for both benefits. The State Disability benefits shall be returned to the
County to be credited to . the employees sick leave balance on the following
basis:
1 . Integration with State Disability is automatic and cannot be waived.
2. The amount credited to the employees sick leave balance shall be converted
to sick leave hours by dividing the amount received from State Disability
Insurance by the employee' s straight time hourly rate, at the time of
payment, as determined" by the, appropriate salary schedule for the
employee' s class of employment.
3. If the employee is eligible for State Disability Insurance benefits,
application must be made and the benefits returned to the County for sick
leave credits so that the principle of integration is completed.
4. In the event an employee is not eligible for- sick leave credits from the
County, there will be no integration and the employee shall not return
State Disability Insurance benefits to the County.
5. In the event an employee receives sick leave benefits for a portion of the
disability period, State Disability benefits must be utilized to restore
only those sick leave hours used during the period of disability.
6. Restoration of sick leave balances shall be rounded to the nearest one-
half (1/2) hour.
7 . In no instance will an employee be allowed to "purchase" sick leave not
accrued.
8. The County will provide separate accounting for the "purchase" sick leave
to insure that State Disability Insurance benefits are not taxable.
14.8 Disability Insurance Revi-ew Committee. The County shall establish a
Disability Insurance Review Committee consisting of one representative from each
employee organization and four management representatives to review and recom-
mend to the Director of Personnel the feasibility of implementing a self-funded
and self-administered disability insurance program.
14.9 Employee Annual Health Examination. Employees of the County who work in a
Health Services Department facility will annually be required to complete a
Health Questionnaire and take a Tuberculosis Skin .Test. A chest X-Ray will be
required if the employee has previously had a positive reaction to a tuber-
culosis
uber-culosis skin test. However employees will not be required to take X-Ray exams
in excess of what is required by applicable Federal and State laws.
32
Employees will also be requested to be screened for Rubella immunity. If the
result of the Rubella test is negative, the appointing authority or designee
will recommend , that the employee become immunized. If the employee has direct
patient contact and refuses to become immunized, said employee will be relocated
to an indirect patient contact area.
14.10 Sick Leave Coalition. The County agrees to meet and confer with the union
along with the other employee organizations in the coalition regarding implemen-
tation of a revised County-wide Sick Leave Policy. The County agrees to discuss
flexibility in the use of sick leave including alternative incentives. Such
meet and confer sessions shall take place during the term of this memorandum of
understanding.
SECTION 15 - WORKERS ' COMPENSATION
A. Employees who leave work as a result of an on-the-job injury will have
the balance of that day charged to sick leave and/or vacation
accruals. This will be considered as the last day worked for purposes
of determining Workers' Compensation benefits.
B. Three (3) consecutive calendar days following the last day worked
constitutes a waiting period before Workers' Compensation starts. The
time the employee .is scheduled to work during this waiting period will
be charged to the employee' s sick leave and/or vacation accruals. In
order to qualify for Workers' Compensation the employee must be under
the care of a physician. Temporary compensation is payable on the
first three (3) days of disability when the injury necessitates hospi-
talization, or when the disability exceeds twenty-one (21 ) days.
A permanent employee shall continue to receive full regular salary
duping any period of compensable temporary disability absence.
"Compensable temporary disability absence" for the purpose of this
Section, is any absence due to work connected disability which quali-
fies for temporary disability compensation under Workers' Compensation
Law set forth in Division 4 of the California Labor Code. When any
-disability becomes permanent, the salary provided in this Section
shall terminate. The employee shall return to the County all tem-
porary disability payments received by him from any County funded wage
replacement program. No charge shall be made against sick leave or
vacation for these salary payments. Sick leave and vacation rights
shall not accrue for those periods during which salary payments are
made.
The maximum period for the described salary continuation for any one
injury or illness shall be one year from the date of temporary disabi-
lity.
C. Continuing pay begins at the same time that temporary Workers'
Compensation starts and continues until the temporary disability ends,
or until one (1 ) year has expired, whichever comes first. All con-
tinuing pay under the Workers ' Compensation Program will be cleared
through the Personnel Office, Benefits Division.
33
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 treat-
ment during working hours the employee shall be allowed time off up to
three (3) hours for such treatment without loss of pay or benefits.
This provision applies only to injuries that have been accepted by the
County as a. job connected injury.
D. Full - Pay Be and One °Year. If an injured employee remains eligible for
temporary disability beyond one year, full salary will continue by
integrating sick leave and/or vacation accruals with Workers'
Compensation benefits. If salary integration is no longer available,
Workers ' Compensation benefits will be paid directly to the employee
as prescribed by Workers' Compensation laws.
E. Rehabilitation Inte ration. An injured employee who is eligible for
Workers' Compensation Re abilitation Temporary Disability benefits and
whose disability is medically permanent and stationary will continue
to receive full salary by integrating sick leave and/or vacation
accruals with Workers ' Compensation Rehabilitation Temporary
Disability benefits until those accruals are exhausted. Thereafter,
the Rehabilitation Temporary Disability benefits will be paid directly
to the employee.
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 Inte rat ion . An employee' s sick 1rl
ave and/or vacation
charges shah becaTcul ated as follows: C = 8 = (W = S)1
Where C = Sick leave or vacation charge per day (in hours) 1
W = Statutory Workers' Compensation for a month
S = Monthly salary
SECTION 16 - LEAVE OF ABSENCE
16.1 Leave Without Pay. Any employee who has permanent status in the
classified service may be granted a leave of absence without pay upon written
request, approved by the appointing authority; provided, however, that leaves
for pregnancy shall be granted in accordance with applicable state and federal
law. Upon request to the appointing authority, any employee who has permanent
status in the classified service shall be entitled to at least an eighteen (18)
week (less if so requested by the employee) parental leave of absence, com-
mencing with the birth, adoption, or serious illness of a child. or dependent
parent
Insofar as pregnancy disability leave is used under Section 14.2D, that time
will not be considered a part of the 18 week parental leave period.
Additionally, an employee may choose to remain in a pay status by using
available sick leave (under Section 14), vacation, floating holiday or compen-
satory time off entitlements during the 18 week parental leave; however, use of
34
accruals must be on a continuous basis from the beginning of the parental leave
period and may not be "broken" into segments used on a monthly basis (except as
may be required by SDI buyback under Section 14:7) . Parental leave must be
requested at least 30 days prior to the scheduled leave commencement date unless
an exigency arises.
Requests for leave without pay shall be made upon forms prescribed by the
Director of Personnel and shall state specifically the reason for the request,
the date when it is desired to begin the leave, and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1 . Illness or disability;
2. pregnancy;
3. parental ;.
4. to take a course of study such as wi11 : (a) increase his/her use-
fulness on return to his/her position or (b) be of potential benefit
for any classification in the County;
5. for, other reasons or circumstances acceptable to the appointing
authority.
A leave without pay may be for a period not to exceed one (1 ) year, provided the
appointing authority may extend such leave for additional periods. Procedure in
granting extensions shall be the same as that in granting the original leave,
provided that *the request for extension must be made not later than thirty (30)
calendar days before the expiration of the original leave.
Whenever an employee who has been granted a leave without any pay desires to
return before the expiration of such leave, the employee shall so request of the
appointing authority in writing at least fifteen (15) days in advance of the
return for approval by the appointing authority; provided, however, that less
notification may be approved at the discretion of the appointing authority or
his/her designee. The Personnel Department shall be notified promptly of such
return. Failure to submit timely written notice may result in the employee not
being permitted to return to work until the required notice period has elapsed.
Except with respect to leave due to pregnancy, illness or disability, the
"decision of the appointing authority on granting or denying a leave of absence
shall be subject to appeal to the Personnel Director and not subject to appeal
through the grievance procedure set forth in Section 24 of this Memorandum of
Understanding.
16.2 MilitarX Leave . Any employee in the merit system who is required -to serve
as a member of the State Militia or .the United States Army, Navy, Air Force,
Marine Corps, Coast Guard or any division thereof shall be granted a military
leave for the period of such service, plus ninety (90) days. An employee who
volunteers for such service shall be granted a leave of absence if necessary in
35
accordance with applicable state or federal laws. Upon the termination of such
service or upon honorable discharge, the employee shall be entitled to return to
his/her position in the classified service provided such still exists and the
employee is otherwise qualified, without any loss of standing of any kind what-
soever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which
may be accrued at the time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation of employment. For
purposes of determining eligibility for salary adjustments or seniority in case
of layoff or promotional examination, time on military leave shall be considered
as time in County service.
Any employee who has been granted a military leave, may upon return, be required
to furnish such evidence of performance of military service or of honorable
discharge as the Director of Personnel may deem necessary.
16.3 Leave of Absence Replacement, Any permanent employee in the merit system
who requests reinstatement to the classification held by the employee in the
same department at the time the employee was granted a leave of absence, shall
be reinstated to a position in that classification and department and then only
on the basis of seniority.
In case of severance from service by reason of the reinstatement of a permanent
employee, the provisions of Section 11 - Separation Through Layoff shall apply.
16.4 Leave of Absence Return. In the Social Service Department an employee
shall have the right to return to the same class, building, and assignment
(position control number) if the return to work is within eighty-nine (89) con-
secutive days from the initial date the employee started leave of absence. At
such time the leave of absence is approved by the Appointing Authority, the
Social Service Department shall notify the employee of the final date by which
he/she shall return to be assigned to the same position control number.
16.5 SalarZ Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a County position on any anniversary date and who has
not been absent from the position on leave without pay more than six (6) months
during the preceding year shall be reviewed on the anniversary date. Employees
on military leave shall receive salary increments that may accrue to them during
the period of military leave.
16.6 Unauthorized Absence. An unauthorized absence from the work site or
failure to report for duty after a leave request has been disapproved, revoked,
or cancelled by the appointing authority, or at the expiration of a leave shall
be without pay. Such absence may also be grounds for disciplinary action.
36
SECTION 17 - JURY DUTY AND WITNESS DUTY
17.1 Jury DutX. If called for jury duty in a Municipal , Superior, or Federal
Court, or for a Coroner' s jury, employees may remain in their regular pay sta-
tus, or they may take vacation leave or leave without pay and retain all fees
and expenses paid to them.
If an employee is called for jury duty and elects to remain in a regal ar pay
status and waive all fees (other than mileage allowances) received, the employee
shall obtain from the Clerk or Jury Commissioner a certificate which shall
indicate the days attended and the fact that fees other than mileage are waived.
The employee shall furnish the court certificate to his/her department, which
shall be retained as a department record. When serving jury duty in a federal
court, an employee shall return all fees (other_ than mileage allowance) received
to the County.
When an employee is called for jury duty and elects to retain all fees, the
employee nnust -take vacation leave or leave without pay. No court certificate is
required in this instance.
Employees shall advise their department as soon as possible if scheduled to
appear for jury duty.
Permanent intermittent employees are entitled paid jury duty leave only for
those days on which they were previously scheduled to work.
17.2 Witness Duty. Employees called upon as a witness or an expert witness in
a case arising in the course of their work or the work of another department may
remain in their regular pay status and turn over to the County all fees and
expenses paid to them, other than mileage allowance, or they may take vacation
leave or leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters
(e.g. , accident suits and family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to
jury duty as set forth in Section 17- of this Memorandum of Understanding.
Employees shall advise their department as soon as possible if scheduled to
appear for witness duty. Permanent- intermi hent employees are entitled to paid
witness duty only for those days on which they were previously scheduled to
work.
SECTION 18 - HEALTH- AND WELFARE LIFE AND DENTAL CARE
18.1 The County will continue the existing County Group Health Plan program of
medical , dental and Life insurance coverage through Delta Dental Plan, Safeguard
Dental Plan, Aetna Life Insurance and the medical insurance options of
Kaiser-Permanente Foundation Health Plan, the Contra Costa County Health Plan,
lst Choice Health Plan, and the H.E.A.L.S. Health Plan to all permanent
employees regularly scheduled ' to work twenty (20) or more hours per week.
However, the H.E.A.L.S.Health Plan will be terminated effective December 31 ,
1989.
37
18.2 Health Plan Options & Rates. Effective October 1 , 1989 the cost of the
existing County Group Health Plan Programs will be as follows;
KAISER HEALTH PLAN OPTION
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $106.82 $100..59 $ 6.23
Delta 124.63 110.58 14.05
Safeguard 117.46 110.39 7.07
Family (No Medicare)
No Dental 246.65 216.82 $ 29.83
Delta 286.94 229.25 57.69
Safeguard 268.67 226.59 42.08
CONTRA COSTA HEALTH PLAN OPTION
Category Total Cost County Share Emelo ee e Share
Employee Only (No Medicare)
No Dental $103.45 $103.44 $ .01
Delta 1 21 .26 121 .25 .01
Safeguard 114.09 114.08 .01
Family (No Medicare)
No Dental 257.45 257.44 .01
Delta 297 .74 297 .73 .01
Safeguard 279.47 279.46 .01
H .E.A.L.S. HEALTH PLAN OPTION
To :be terminated 12/31/89
Cate2ory Total Cost County Share Em to ee Share
Employee Only (No Medicare)
No Dental $121 .94 $105.20 $ 16.74
Delta 139.75 113.59 26.16
Safeguard 132.58 112.98 19.60 .
Family (No Medicare)
No Dental 289.95 225.48 $ 64.47
Delta 330.24 236.76 93.48
Safeguard 311 .97 237 .75 74.22
38
IST CHOICE HEALTH PLAN OPTION
Category Total Cost CountK Share Employee Share
Employee Only (No Medicare)
No Dental $185.09 $178.30 $ 6.79
Delta 202.90 187.24 15.66
Safeguard 195.73 185.77 9.96
Family (No Medicare)
No Dental 431 .41 388.17 43.24
Delta 471 .70 401 .70 70.00
Safeguard 453.43 397.13 56.30
DENTAL PLANS ONLY
CateQor Total Cost Coun� ty_Share . Employee Share
Employee Only
Delta $ 19.04 $ 19.03 $ .01
Safeguard 11 .87 11 .86 .01
Fami 1 y
Delta 41 .52 41 .51 .01
Safeguard 23.25 23.24 .01
The employee will pay a minimum of one cent ($.0.1 ) for any Health Plan or Dental
Care Coverage. -
18.3 Increased Costs. All rates shown above include life insurance coverage.
The rates listed above are effective October 1 , 1989 and are based on the County
contributing up to a maximum of ten dollars ($10.00) per month of increased pre-
mium for a single subscriber and twenty-three dollars ($23.00) per month of
increased premium for a subscriber with dependents, for the Kaiser and
H.E.A.L.S . Health Plans.
Effective October 1 , 1990, the County will contribute up to ten dollars ($10.00)
per month for a single subscriber and up to twenty-six dollars ($26.00) per
month for a subscriber with dependents, for the Kaiser and First Choice Health
Plans.
Any increase in the Health Plan costs greater than the County contributions
identified above occuring during the duration of this Memorandum of
Understanding shall be borne by the employee.
18.4 Medicare Rates. Corresponding Medicare rates for employees covered under
this Memorandum of Understanding shall be as follows: for Employee Only on
Medicare by taking the Employee Only rate for the option selected and
subtracting the monthly Part B Medicare premium withheld from Social Security
payments for one enrollee; for Employee and Dependent(s) with one member on
39
Medicare by taking the Employee and Dependent(s) rate for the option selected
and subtracting the monthly Part B Medicare . premium withheld from Social
Security payments for one enrollee; for Employee and Dependent(s) with two mem-
bers on Medicare by taking the Employee and Dependent(s) rate for the option
selected and subtacting the monthly Part B Medicare premium withheld from Social
Security payments for two enrollees.
18.5 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. I.f payment is not made, the employee shall be dropped from the health
plan. An employee is thus covered by the health plan for the month in which
compensation is paid.
18.6 Coverage During Absences. An employee on approved leave shall be allowed
to continue his/her health plan coverage at the County group rate for twelve (12)
months provided that the employee shall pay the entire premium for the Health
Plan during said leave.
An employee on leave in excess of twelve (12) months may continue health plan
coverage by converting to an individual health plan option (if available) or
continuing group coverage subject to the provisions of the Consolidated Omnibus
Budget Reduction 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.
An employee who terminates County employment may convert to individual health
plan coverage, if available, or may continue County group health plan coverage
to the extent provided under COBRA by making premium payments to the County at a
time and- place specified by the County.
18.7 Retirement Coverage. Upon retirement, employees may remain in the same
County group medical plan if immediately before their retirement they are either
active subscribers to one of the County Health Plans or if on- authorized leave
of absence without pay they have retained individual conversion membership from
the County plan.
18.8 Dual - Covera e. If a husband and wife both work for the County and one of
them is laid off, the remaining eligible shall be allowed to enroll or transfer
into the health coverage combination of his/her choice.
An eligible employee who is no longer covered for medical or dental coverage
through a spouse' s coverage shall be allowed to enroll or transfer into the
health coverage combination of his/her choice within thirty, (30) days of the
date .coverage is no longer afforded under the spouse' s plan.
40
SECTION 19 - PROBATIONARY PERIOD
19.1 Duration. All appointments from officially promulgated employment lists
for original entrance or promotion shall be subject to a probationary period.
This period shall be from six (6) months to two (2) years duration.
19.2 Listed below are those classes represented by the Union which have proba-
tion periods in excess of six (6) months.
Stenographer Clerk Trainee - one (1 ) year
19.3 When the probationary period for a class is changed, only new appointees
to positions in the classification shall be subject to the revised probationary
period.
19,4 The probationary period shall date from the time of appointment to a per-
manent position after certification from an e-ligible list. It shall not include
time served under provisional appointment or under appointment to limited term
positions or any period of continuous leave of. absence without pay or period of
work connected disability exceeding fifteen (15} calendar days.
For those employees appointed to permanent-intermittent positions with a six (6)
months probation period, probation will be considered completed upon serving
one thousand (1 ,000) hours after appointment except that in no instance will
this period be less than six (6) calendar months from the beginning of proba-
tion. If a permanent-intermittent probationary employee is reassigned to full-
time, credit toward probation completion in the full-time position shall be
prorated on . the basis of one hundred seventy-three (173) hours per month.
19.5 Refection DurinoProbation. An employee who is rejected during the proba-
tion period and restored to the eligible list shal l begirt a new probationary
period- if subsequently certified and appointed.
A. Appeal From Rejection. Notwithstanding any other provisions of this
section, an employee (probationer) shall have the right to appeal from
any rejection during the probationary period based on political , or
religious, or union activities, or race, color, national origin, sex,
age, handicap, or sexual orientation.
B. The appeal must be written, must be signed by the employee and set
forth the grounds and facts by which it is claimed that grounds -For
appeal exist under Subsection A and must be filed through the Director
of Personnel to the Merit Board by 5 :00 p.m. on or before the seventh
(7th) calendar day after the date of delivery to the employee of
notice of rejection.
C. The Merit Board shall consider the appeal , and if it finds probable
cause to believe that the rejection may have been based on grounds
prohibited in Subsection A, it may refer the matter to a Nearing
Officer for hearing, recommended findings of fact, conclusions of law
and decision, pursuant to the relevant provisions of the Merit Board
rules in which proceedings the rejected probationer has the burden of
proof.
41
D. If the Merit Board finds no. probable cause for a hearing, it shall
deny the appeal . If, after hearing, the Merit Board upholds the
appeal , it shall direct that the appellant be reinstated in the posi-
tion and the appellant shall begin a new probationary period unless
the Merit Board specifically reinstates the former period.
19.6 Re ular Appointment. The regular appointment of a probationary employee
shall begin on the day following the end 'of the probationary period, subject to
the condition that the Director of Personnel receive from the appointing
authority a statement in writing that the services of the employee during the
probationary period were satisfactory and that the employee is recommended for
permanent appointment. A probationary employee may be rejected at any time
during the probation period without regard to the Skelly provisions of this
Memorandum of Understanding, without notice and without right of appeal or
hearing except as provided in Section 19.5 (A) . If the. appointing authority has
not returned the probation report, a probationary employee may be rejected from
the service within a reasonable time after the probation period for failure to
pass probation. The appointing authority shall attempt to give a probationary
employee five (5) days notice of said rejection. If the appointing authority
fails to submit in a timely manner the proper written documents certifying that
a probationary employee has served in a satisfactory manner and later
acknowledges it was his or her intention to do so, the regular appointment shall
begin on the day following the end of the probationary period.
Notwithstanding any other provisions of the Memorandum of Understanding, an
employee rejected during the probation period from a position in the Merit
System to which the employee "had been promoted or transferred from an eligible
list, shall be restored to a position in the department from which the employee
was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months
after being promoted or transferred from a position in the Merit System to a
position not included in the Merit System shall be restored to a position in the
classification in the department from which the employee was promoted or trans-
ferred .
A probationary employee who has been rejected or has resigned during probation
shall not be restored to the eligible list from which the employee was certified
unless the employee receives the affirmative recommendation from the appointing
authority and is certified by the Personnel Director whose decision is final .
The Director of Personnel shall not certify the name of a person restored to the
eligible list 'to the same appointing authority by whom the person was rejected
from the same eligible list, unless such certification is requested in writing
by the appointing authority.
19.7 La off During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to
complete only the balance of the required probation.
If reemployed in another department or in another classification, the employee
shall serve a full probationary period. An employee appointed to a permanent
position from a layoff or reemployment list is subject to a probation period if
42
the position is in a department other than the department from which the
employee separated, displaced, or voluntarily demoted in lieu of layoff. An
appointment from a layoff or reemployment list is not subject to a probation
period if the position is in the department from which the employee separated,
displaced or voluntarily demoted in lieu of layoff.
19.8 Rejection During- Probation of Layoff Employee. An employee who has
achieved permanent status in the class before ayoff and who subsequently is
appointed : from the layoff list and then rejected during the probation period
shall be automatically restored to the layoff list, unless discharged for cause,
if the person is within the period of layoff eligibility. The employee shall
begin a . new probation period if subsequently certified and appointed in a dif-
ferent department or classification than that from which the employee was laid
off.
SECTION-20 — PROMOTION
20.1 Promotion shall be by competitive examination unless otherwise provided in
this Memorandum of Understanding.
20.2 Promotion- - Policy. The Director of Personnel , upon request of an
appointingauthority, shall determine whether an examination is to be called on
a promotional basis .
20.3 Open Exams. If an examination for one of the classes represented by the
Union is proposed to be announced on an open only basis, the Director of
Personnel shall give five (5) days prior notice of such proposed announcement
and shall meet at the request of the Union to discuss the reasons for such open
announcement.
20.4 Promotion-via Reclassification without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification
to a higher classification and his/her position reclassified at the request of
the appointing authority and under the following conditions:
1 . An evaluation of the positions(s) in question must show that the duties
and responsibilities have significantly increased and constitute a higher
level of. work.
2. The incumbent of the position must have performed at th.,72 higher level for
one (1 ) year.
3. The incumbent must meet the minimum education and experience requirements
for the higher class.
4. The action must have approval of the Personnel Director.
5. The Union approves such action.
6. Except in unique situations approved by the Personnel Director, the
employee must have passed the examination, if any, for the classification
and be on the eligible list.
43
The appropriate rules regarding probationary status and salary on promotion are
applicable.
20.5 Requirements for- Promotional Standin . In order to qualify for an exami-
nation called on a promotional basis, an employee must have probationary or per-
manent status in the merit system and must possess the minimum qualifications
for the class. Applicants will be admitted to promotional examinations only if
the requirements are met on or before the final filing date. If an employee who
is qualified on a promotional employment list is separated from the merit
system, except by layoff, the employee' s name shall be removed from the promo-
tional list.
20.6 SenioritZ Credits. Employees who have qualified to take promotional exa-
minations and who have earned a total score, not including seniority credits, of
seventy percent (70%) or more shall receive, in addition to all other credits,
five one-hundredths of one percent ( .05%) for each completed month of service as
a permanent County employee continuously preceding the final date for filing
application for said examination. For purposes of seniority credits, leaves of
absence shall be considered as service. Seniority credits shall be included in
the final percentage score from which the rank on the promotional list is deter-
mined. No employee, however, shall receive more than a total of five (5) per-
cent credit for seniority in any promotional examination.
20.7 If a department denies an employee' s request for reclassification or
reassignment to a higher (not flexibly staffed) level in a deep class or to
other classes represented by the Union, upon request of the Union, the denial
will be reviewed by the Personnel Director and appointing authority. The deci-
sion of the Personnel Director shall be given to the Union in writing within
sixty (60) days of the request of the review.
20.8 Permanent employees shall be granted release time from work without loss
of pay to take County promotional examinations or take interviews for a County
promotional position provided the employee gives the Department sufficient
notice of the need for time off.
SECTION 21 --TRANSFER
21 .1 The following conditions are required in order to qualify for transfer:
A. The position shall be in the same class, or if in a different class
shall have been determined by the Director of Personnel to be
appropriate for transfer on the basis of minimum qualifications and
qualifying procedure;
B. the employee shall have permanent status in the merit system and shall
be in good standing;
C. the appointing authority or authorities involved in the transaction
shall have indicated, their agreement in writing;
D. the employee concerned shall have indicated agreement to the change in
writing;
44
E, the Director of Personnel shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished through the
regular appointment procedure provided that the individual desiring transfer has
eligibility on a list for a class for which appointment is being considered.
21 . 2 Any employee or appointing authority who desires to initiate a transfer
may inform the Director of Personnel in writing of such desire stating the
reasons therefore. The Director of Personnel shall if he or she considers that
the reasons are adequate and that the transfer will be for the good of the
County service and the parties involved, inform the appointing authority or
authorities concerned and the employee of the proposal and may take the ini-
tiative in accomplishing the transfer.
21 . 3 The Personnel Director will send a list of employees interested in a
transfer to departments with each certification (referral ) from an employment
list for a vacant position. In the case of vacant positions at the Clerk-Senior
and Specialist levels, Secretary-Advanced Level , Deputy Clerk-Senior, Specialist
and Courtroom Clerk levels, and Account Clerk-Advanced level where the deep
class resolution requires notification/posting of the vacancy and interview of
interested "bidders" within a department, the appointing authority may request
from the Director of Personnel a referral from the transfer list of employees
who have indicated an interest in such a transfer. The appointing authority may
contact the employees interested in a transfer and may choose to interview them
in relation to the vacancy. The decision of the appointing authority is final .
Upon receipt of the proper documents and in accordance with Sections 21 .1 and
21 .2, employees will be eligible for transfer upon receipt of approval of the
Director of. Personnel . Nothing in this section limits the ability of indivi-
duals to express their interest in a transfer without having first made a
transfer application or restricts an appointing authority from making a transfer
appointment of such an individual .
21 .4 Reassi nment of Work Location. Employees desirous of reassignment to a
pos.itionn the same classification at another - work location shall submit a
request for reassignment in writing to the Department Head. When openings occur
in various work locations, requests for reassignment will be reviewed with con-
sideration. given to various factors including but not limited to distance of
employee' s residence from desired work location and relative length of service
of the applicants for a particular location. The Department Head or designated
representative shall make the sole determination as to assignment of personnel ,
except as otherwise provided in the supplemental sections of this Memorandum of
Understanding. This provision applies to intradepartmental reassignments only.
In no event shall reassignments be utilized for disciplinary purposes.
21 ,5 DeDe a�_rttmental -Transfer Agreements . The agreements between the Union and
the Probation Department, Social Service Department, Sheriff' s Department and
Health Services Department concerning transfer procedures for clerical workers
covered by this Memorandum of Understanding shall remain in full force and
effect during the duration of this -Agreement.
21 .6 With the approval of the appropriate appointing authority/authorities and
the consent of the employee, the Director of Personnel may transfer an employee
45
from one job classification. to another_ job classification without examination
under the following conditions:
1 . the duties and responsibilities of the position from which the employee is
being transferred are within the occupational area or directly associated
with the duties and responsibilities of the position to which the employee
is being transferred.
2. the employee must possess the minimum qualifications for the job classifi-
cation to which the employee is being transferred.
3. the employee must serve the probationary period required for the classifi-
cation into which the employee is being transferred.
4. an employee rejected during the probationary period or who resigns during
the probationary period for other than disciplinary reasons shall have the
right at that time to be restored to a position in the classification in
the department from which the employee was transferred.
SECTION 22 - RESIGNATIONS
An employee' s voluntary termination of service is a resignation. Written
resignations shall be forwarded to the Personnel Department by the appointing
authority immediately on receipt, and shall indicate the effective date of
termination. Oral resignation shall be immediately confirmed by the appointing
authority in writing to the employee and to the Personnel Department and shall
indicate the effective date of termination.
22.1 Resignation in Good Standing. A resignation giving the appointing
authority written notice atleast two (2) weeks in advance of the last date of
service (unless the appointing authority requires a longer period of notice, or
consents to the employee' s terminating on shorter notice) is a resignation in
good standing.
22.2 Constructive Resignation. A constructive resignation occurs and is effec-
tive when:
A. An employee has been absent from duty for five (5) consecutive working
days without leave; and
B. five (5) more consecutive working days have elapsed without response
by employee after the mailing of a notice of resignation by the
appointing authority to the employee at the employee' s last known
address.
22.3 Effective Resignation. A resignation is effective when delivered or spo-
ken to the appointing authority, operative either on that date or another date
specified.
22.4 Revocation. A resignation that is effective is revocable only by written
concurrence of the employee and the appointing authority.
46
22.5 Coerced Resignations .
A. Time Limit. A resignation which the employee believes has been
coerced by the appointing authority may be revoked within seven (7)
calendar days after its expression, by serving written notice on the
Director of Personnel and a copy on the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it
shall be revoked and the employee returned to duty effective on the
day following the appointing authority' s acknowledgement without loss
of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice,
the appointing authority acknowledges that the resignation could have
been believed to be coerced, this question, should be handled as an
appeal to the Merit Board. In the alternative, the employee may file
a written election with the Director of Personnel waiving the
employee' s right of appeal to the Meri t Board in favor of the
employee ' s appeal rights under the grievance procedure contained in
Section 24 of the Memorandum of Understanding beginning with Step 3.
0. Dios o�sition. If a final decision is rendered that determines that the
resignation was coerced, the resignation shall be deemed revoked and
the employee returned to duty effective on the day following the deci-
sion but without loss of seniority or pay, subject to the employee' s
duty to mitigate damages. .
22.6 El iqi bi 1 i t,yfor Reemployment. Wi thi n one (1 ) year of ,resi gnati on i n good
standing from County service, a person who has had permanent status which
included satisfactory completion of probation may make application by letter to
the Director of Personnel for placement on a reemployment list as follows: the
class from which the person resigned; or any one class of equal or lesser rank
in the occupational series and in which the person had previously attained per-
manent status; or for any class or deep class which has replaced the class in
which the person previously had status, provided that the person meets the mini-
mum requirements for the new class. If the appointing authority of the depart-
ment from which the person resigned recommends reemployment the Director of
Personnel shall grant reemployment privileges to the person. Consideration of
names from a reemployment list i s mandatory if the appointing authority recom-
mended reemployment of the individual (s) listed but is optional for other
appointing authorities. Names may be removed from reemployment lists in accor-
dance with the provisions of Section 11 .10 of this Memorandum of Understanding.
SECTION 23 — DISMISSAL SUSPENSION-AND DEMOTION
23.1 The appointing authority may dismiss, suspend, or demote, any employee. for
cause. The following are sufficient causes for such action; the list is indica-
t-ive rather than inclusive of restrictions and dismissal , suspension or demotion
may be based on reasons other than those specifically mentioned:
1 . absence without leave, .
47
2. conviction of any criminal act involving moral turpitude,
3. conduct tending to bring the merit system into disrepute,
4. disorderly or immoral conduct,
5. incompetence or inefficiency,
6. insubordination,
7 . being at work under the influence of liquor or drugs, carrying onto the
premises liquor or drugs or consuming or using liquor or drugs during work
hours and/or on County premises,
8 . neglect of duty, i .e. non-performance of assigned responsibilities,
9. negligent or willful damage to public property or waste of public supplies
or equipment,
10, violation of any lawful or reasonable regulation or order given by a
supervisor or Department Head,
1.1wil I ful ' vi ol ati on of any of the provisions of the merit system ordinance
or Personnel Management Regulations,
12. material and intentional misrepresentation or concealment of any fact in
connection with obtaining employment,
13. misappropriation of County funds or property,
14. unreasonable failure or refusal to undergo any physical , medical and/or
psychiatric exam . and/or treatment authorized by this Memorandum of
Understanding,
15. dishonesty or theft,
16. excessive or unexcused absenteeism and/or tardiness.
17. sexual harassment, including but not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal , or physical conduct of a
sexual nature, when such conduct has the purpose or effect of affecting
employment decisions concerning an individual , or unreasonably interfering
with an individual ' s work performance, or creating an intimidating and
hostile working environment.
23.2 Skelly Requirements . Notice of Proposed Action (Skelly Notice). Before
taking a disciplinary action to dismiss, suspend for more than five (5) work
days (four (4) work days for employees on "4-10" work week), demote or reduce in
salary any employee, the appointing authority shall cause to be served per-
sonally or by certified mail on the employee, a Notice of Proposed Action, which
shall contain the following:
48
A. A statement of the action proposed to be taken.
B. A copy of the charges, including the acts or omissions and _grounds
upon which the action is based.
C. if it is claimed that the employee has violated a rule or regulation
of the County, department or district, a copy of said rule shall be
included with the notice.
D. A statement that the employee may review and request copies of
materials upon which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to respond
to the appointing authority either orally or i n'wri ti ng.
Em l� ogee Response. The employee upon whom a Notice of Proposed Action has been
served shall have seven (7) calendar days to respond to the appointing authority
either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend
i*n writing the period to respond. If the employee' s response. is not filed
within seven (7) days or during any extension, the right to respond is lost.
23. 3 Leave Pendinq Employee Response.. Pending response to a Notice of Proposed
Action within the first seven (7) days or extension thereof, the appointing
authority for, cause specified in writing may place the employee on temporary
leave of absence, with pay.
23.4 Suspensions without pay shall not exceed thirty (30) days unless ordered
by an arbitrator, an adjustment board or the Merit Board.
23.5 Procedure on Dismissal Suspension or Discipli nary Demotion.
A. In any disciplinary action to dismiss, suspend, or demote an employee
having permanent status in a position in the merit system, after
having complied with the Skelly requirements where applicable, the
appointing authority shall make an order in writing stating specifi-
cally the causes for the action.
B. Service of Order. Said order of dismissal , suspension, or demotion
shal l be fil ed with the Director of Personnel , showing by whom and the
date a copy was served upon the employee to be dismissed, suspended or
demoted, either personally or by certified mail to the employee' s last
known mailing address. The order shall be effective either upon per-
sonal service or deposit in the U. S . Postal Service.
C. Employee_ #AReals from Order. The employee may appeal an order of
dismissal , suspension or demotion either to the Merit Board or through
the procedures of Section 24 - Grievance Procedure of this Memorandum
of Understanding provided that such�appea_VTs filed in writing with
the Personnel Director within ten (1.0) calendar days after service of
said order. An employee may not both appeal to the Merit Board and
file a grievance under Section 24 of this Memorandum of Understanding.
49
SECTION 24 - GRIEVANCE PROCEDURE
24.1 A grievance is any dispute which involves the interpretation or a ppl i ca-
tion of any provision of this Memorandum of Understanding excluding, however,
those provisions of this Memorandum of Understanding which specifically provide
that the decision of any County official shall be final , the interpretation or
application of those provisions not being subject to the grievance procedure.
The Union may represent the employee at any stage of the process. Grievances
must be filed within thirty (30) days of the incident or occurence about which
the employee claims to have a grievance and shall be processed in the following
manner:
A. Stee. h Any employee or group of employees who believes that a provi-
sion of this Memorandum of Understanding has, been misinterpreted or
misapplied to his or her detriment shall discuss the complaint with
the employees immediate supervisor, who shall meet with the employee
within five (5) days of receipt of a written request to hold such
meeting.
B . St�e22. If a grievance is not satisfactorily resolved in Step 1
above, the employee may submit the grievance in writing within five
(5) work days to such management official as the Department Head may
designate. This formal written grievance shall state which provision
of the Memorandum of Understanding has been misinterpreted or
misapplied, how misapplication or misinterpretation has affected him
or her to his or her detriment, and the - redress he or she seeks. A
copy of each written communication on a grievance shall be filed with
the Director of Personnel . The Department Head or his or her designee
shall have ten (10) work days in which to respond to the grievance in
writing.
C. Ste 33 If a grievance is not satisfactorily resolved in Step 2
above, the employee may appeal in writing within ten (10) work days to
the Personnel Director. The Personnel Director or his or her designee
shall have twenty- five (25) work days in which to investigate the
merit of the complaint and to meet with the Department Head and the
employee and attempt to settle the grievance.
D: Steffi 4. No grievance may be processed under this Section which has
not first been filed and investigated i n accordance with Paragraph C
above and filed within seven (7) work days of the written response of
the Personnel Director or his/her designee. If the parties are
unable to reach a mutually satisfactory accord on any grievance which
arises and is presented during . the term of this. Memorandum. of
Understanding, such grievance shall be submitted in writing to an
Adjustment Board comprised of three (3) Union representatives, no more
than two (2) of whom shall be either an employee of the County or an
elected or appointed official of the Union presenting this grievance,
and three (3) representatives of the County, no more than two (2) of
whom shall be either an employee of the County or a member of the
staff of an organization employed to represent the County in the
meeting and conferring process. The Adjustment Board shall meet
within twenty (20) work days of receipt of the written request.
50
E. Step 5. If an Adjustment Board is unable to arrive at a majority
decision, either the employee (or the County, when alleging a viola-
tion of Section 24.6 below) may require that the grievance be referred
to an impartial arbitrator who shall be designated by mutual agreement
between the employee and the Personnel Director. Such request shall
be submitted within twenty (20) work days of the rendering of the
Adjustment Board decision. Within twenty (20) days of the request for
arbitration the parties shall mutually select an arbitrator. The fees
and expenses of the arbitrator and of the Court Reporter shall be
shared equally by the employee and the County. Each party, however,
shall bear the costs of its own presentation, including preparation
and post hearing briefs, if any.
24.2 Scope of Adjustment Board and Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators on matters properly
before them shall be final and binding on the parties hereto, to the
extent permitted by law.
B . No Adjustment Board and no arbitrator shall entertain, hear, decide or
make recommendations on any dispute unless such dispute involves a
position in a unit represented by the Union which has been certified
as the recognized employee organization for such unit and unless such
dispute falls within the definition of a grievance as set forth in
Subsection 24.1 above.
C. Proposals to add to or change this Memorandum of Understanding or to
change written agreements supplementary hereto shall not be arbitrable
and no proposal to modify, amend, or terminate this Memorandum of
Understanding, nor any matter or subject arising out of or in connec-
tion with such proposals, may be referred to arbitration under this
Section. Neither any Adjustment Board nor any arbitrator shall have
the power to amend or modify this Memorandum of Understanding or writ-
ten agreements supplementary hereto or to establish any new terms or
conditions of employment.
D. If the Personnel Director in pursuance of the procedures outl.i ned in
Subsection 24.1 (C) above, or the Adjustment Board in pursuance of the
provisions of Subsection 24.1 (D) above resolve a grievance which
involves suspension or discharge, they may agree to payment for lost
time or to reinstatement with or without payment for lost time.
E. No change in this Memorandum - of Understanding or interpretations
thereof (except interpretations resulting from Adjustment Board or
arbitration proceedings hereunder) will be recognized unless agreed to
.by the County and the Union.
24.3 The time limits specified above may be waived by mutual agreement of the
parties to the grievance. If the County fails to meet the time limits specified
in Steps 1 through 3 above, the grievance will automatically move to the next
step. If an employee fails to meet the time limits specified in Steps 1 through
3 above, the grievance will be deemed to have been settled and withdrawn.
51
24.4 An official , with whom a formal grievance is filed by a grievant who is
included in a unit represented by the Union, but is not represented by the Union
in the grievance, shall give the Union a copy of the formal presentation.
24.5 Com ensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Personnel
Director. Only complaints which allege that employees are not being compensated
in accordance with the provisions of this Memorandum of Understanding shall be
considered as grievances. Any other matters of compensation are to be resolved
in the meeting and con-ferring process, if not detailed in the Memorandum of
Understanding which results from such meeting and conferring process shall be
deemed withdrawn until the meeting and conferring process is next opened for
such discussion. No adjustment shall be retroactive for more than two (2) years
from the date upon which the complaint was filed.
24.6 No- Strike: During the term of this Memorandum of Understanding, the
Union, its members and representatives, agree that it and they will not engage
in, authorize, sanction, or support any strike, slowdown, stoppage of work,
sickout, or refusal to perform customary duties.
In the case of a legally declared lawful strike against a private or public sec-
tor employer which has been sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of physical harm shall not be
required to cross the picket line, provided the employee advises his or her
supervisor as soon as possible, and provided further that an employee may be
required to cross a picket line where the performance of his or her duties is of
an emergency nature and/or failure to perform such duties might cause or aggra-
vate a danger to public health or safety.
24.7 Merit Board.
A. All grievances of employees in representation units represented by the
Union shall be processed under. Section 24 unless the employee elects
to apply to the Merit Board on matters within its jurisdiction.
B. No action under Paragraph. C, D and E of Subsection 24.1 above shall be
taken if action on the complaint or grievance has been taken by the
Merit Board, or if the complaint or grievance is pending before the
Merit Board.
24.8 The Union may file a grievance at Step 3 on behalf of affected employees
when action by the County Administrator or the Board of Supervisors violates a
provision of this Memorandum of Understanding.
24.9 Disputes over whether a grievance exists as defined in Section 24.1 shall
be resolved through the grievance procedure.
24.10 If disqualified from taking an examination, an employee may utilize the
appeal process specified in the Personnel Management Regulations for employees
disqualified from taking an examination.
SECTION- 25 - BILINGUAL PAY
A salary differential of fifty dollars ($50.00) per month effective December 1 ,
1987 shall be paid incumbents of positions requiring bilingual proficiency as
52
designated by the appointing authority and Director of Personnel . Said dif-
ferential shall be prorated for employees working less than full-time.
Designation of positions for which bilingual proficiency is required is the sole
prerogative of the County. The Union shall be notified when such designations
are made.
SECTION 26 — RETIREMENT CONTRIBUTION
Pursuant to Government Code Section 31581 .1 , the County will continue to pay
fifty (50) percent of the retirement contributions normally required of
employees. Such payments shall continue for the duration of this Memorandum of
Understanding, and shall terminate thereafter. Employees shall be responsible
for payment of the employees' contribution for the retirement cost of living
program as determined by the Board of Retirement of the Contra Costa County
Employees' Retirement Association without the County paying any part of the
employees share. The County will pay the remaining one-half (112) of the
retirement cost-of-living program contribution.
SECTION 27 —REIMBURSEMENT
27.1 The County Administrative Bulletin on Training shall govern reimbursement
for training and shall continue to limit reimbursement for career development
training to two hundred dollars ($200) per semester or one hundred fifty dollars
($150) per quarter, not to exceed six hundred dollars ($600) per year, except as
otherwise provided in the supplemental sections of this Memorandum of
Understanding.
27.2 Personal Proert Reimbursement. The loss or damage to personal property
of employees is subject to reimbursement under the following conditions:
1 . The loss or damage must result from an event which is not normally
encountered or anticipated on the job and which is not subject to the
control of the employee.
2. Ordinary wear and tear of personal property used on the job is not compen-
sated.
3. Employee tools or equipment, provided without the express approval of the
department head, and automobiles are excluded from reimbursement.
4. The loss .or damage must have occurred in the line of duty.
5. The loss or damage was not a result of negligence or lack of proper care
by the employee.
6. The personal property was necessarily worn or carried by the employee in
order to adequately fulfull the duties and requirements of the job.
7. The loss or damage to employee' s eyeglasses, dentures, or other prosthetic
devices did not occur simultaneously with a job connected injury covered
by worker' s compensation.
53
8. The amount of reimbursement shall be limited to the actual cost to repair
damages. Reimbursement for items damaged beyond repair shall be limited
to the actual value of the item at the time of loss or damage but .not more
than the original cost.
9. The burden of proof of loss rests with the employee.
10. Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to the Personal
Property.
SECTION 28- -- CLASSIFICATION
Existing classes of positions may be abolished or changed and new classes may be
added to the classification plan by the Director of Personnel subject to
approval by the Board of Supervisors. The County will offer to meet and confer
with the Union on the minimum qualifications and .salary of new classes and on
any proposed changes in the minimum qualifications in current classes
repres.ented by the Union.
If the County wishes to add duties to classes represented by the Union, the
Union shall be notified and upon request of the Union, representatives of the
County will meet and consult with the Union over such duties.
SECTION 29 - SAFETY
The County shall expend every effort to see to it that the work performed under
the terms and conditions of this Memorandum of Understanding is performed with a
maximum degree of safety consistent with the requirement to conduct efficient
operations. The County is aware. of the U.S . Supreme Court "Whirlpool " decision
regarding safe working conditions and will continue to comply with all of the
provisions of that decision. The Union may recommend safety guidelines, regula-
tions, training programs and necessary corrective actions concerning conditions
associated with the work environment. ' Representatives of the Union may want to
discuss with certain Department Heads the participation of the employees it
represents on existing departmental safety committees. If a Department Head
agrees, the Union may designate a representative to participate in any
established Safety Committee.
An employee designated by the Union may participate on each of the established
district safety committees within the Department of Social Services.
29.1 VDT Users Eye Examination. The County agrees to provide an annual eye
examination on County time at County expense as follows:
1 . Eligible employees must use video display terminals at least an average of
four hours per day as certified by their department.
2. Eligible employees who wish an eye examination under this program should
request it through the County Personnel Department, Employee Benefits
Division.
54
29.2. Should prescription VDT glasses be prescribed for an employee following
an eye examination as referenced in Section 29.1 above, the County agrees to
provi de one. pair of VDT glasses to the employee.
SECTION 30 - MILEAGE
30.1 Mileage Reimbursement Rate. Effective October 1 , 1989 mileage allowance
for the use of personal vehicles on County business shall be paid according to
the following per month formula:
1 - 400 miles $ .24 per mile
401 - plus miles .18 per mile
The above rates shall be adjusted -to reflect an increase or decrease in the .cost
of gasoline which shall be determined as provided below on the basis of the average
price for "ga sol i ne, all types" per gallon as listed i n Table 5, "Gasoline Average
Prices per gallon, U.S . City Average and Selected Areas" for the Sar; Francisco-
Oakland California area published by the Bureau of Labor Statistics, U.S .
Department of Labor, hereinafter referred to as the "Energy Report" .
The above mileage rates shall be increased or decreased by one cent ($.O1 ) for
each fifteen cents ($.15) increase or decrease in the base price for gasoline
which shall be defined as the average price of gasoline per gallon for July,
1979, as published in the Energy Report. Any such rate increase or decrease
shall be effective the first of the month following publication of the index.
The above formula rates include price increases reported since July, 1979.
The mileage rate increase or decrease based on the Energy Report shall be
contingent upon the continued availability of the official monthly Energy Report
in its present form and calculated on the same basis unless otherwise agreed
upon by the parties.
30.2 Mil ea ee Reimbursement Po�l icX. Mileage from an employee' s home to the nor-
mal worker-ocati on i s not rei mburseabl e. The normal work location i s the loca-
tion to which an employee is regularly assigned. An employee with more than one
(1 ) normal work 1 ocati on shal l be reimbursed for the mil eage travel ed i n the
same work day between those work locations.
When an employee is temporarily reassigned to a different work location, mileage
will be reimbursed in excess of the normal mileage between the employee' s home
and the regu i ar work 1 ocati on.
SECTION 31 - FLEXIBLY STAFFED POSITIONS
The County shall continue to provide for fle.xi-ble staffing and departmental
certification for all positions in the following classes: Deputy Clerk I to
Deputy Clerk II and Library Clerk I to Library Clerk II . If an operating
department verifies in writing that an administrative or clerical error was made
in failing to submit the documents needed to promote an employee on the first of
the month when eligible, said appointment shall be made retroactive to the first
of the month when eligible. An employee who is denied a promotion to a flexibly
staffed position may appeal such denial to the Merit Board.
55
31 .1 Typist Clerk Trainee. Typist Clerk Trainees may be promoted through
flexible staffing upon completion of the six (6) months probationary period and
successful certification of typing proficiency. Typist Clerk Trainees shall be
provided with on the job training and work release time for clerical skills
training.
31 . 2 Steno2ra her Clerk Trainee. Stenographer Clerk Trainees may be promoted
through flexible staffing upon completion of six (6) months service and upon
certification of typing proficiency and successful completion of the stenography
proficiency exam administered monthly by the Personnel Department. The proba-
ti onary peri od for Stenographer Clerk Trai nee i s one (1 ) year. Stenographer
Clerk Trainees shall be provided with on the job training and work release time
for clerical skills training. Stenographer Clerk Trainees may take each profi-
ciency exam given after the employee begins work until he/she passes.
SECTION 32 - MEAL PERIODS
Representatives of the Union may discuss varying meal periods (e.g. one-half
(1 /2) hour versus a one (1 ) hour meal period), with certain Department Heads.
Any change in the meal period agreed to by the Union and Department Heads must
have final approval from the County Administrator.
SECTION 33 - PERFORMANCE EVALUATION
In those instances when there is a written performance evaluation of an employee
and the employee is requested to sign the evaluation, the employee shall receive
a copy, of the evaluation if she/he so requests.
SECTION 34 - DISCIPLINARY ACTIONS
If the employee so requests in writing, a copy of any written disciplinary
action affecting an employee shall be furnished to the Union.
SECTION 35" PERSONNEL FILES
Each department shall maintain only one official personnel file per employee.
Employees shall have the right to inspect and review any official record(s)
relating to his or her performance as an employee or to a grievance concerning
the employee which is kept or maintained by the County in the employee' s
personnel file in the Personnel Department. The contents of such records
shall be made available to the employee for inspection and review at reasonable
intervals during the regular business hours of the County. Letters of reprimand
are subject to the grievance procedure but shall not be processed past step 3
unless said letters are used in a subsequent discharge, suspension or demotion
of the employee, in which case an appeal of the letters of reprimand may be con-
sidered at the same time as the appeal of the disciplinary action. Copies of
written reprimands or memoranda pertaining to an employee' s unsatisfactory per-
formance which are to be placed in the employee' s personnel file shall be given
to the employee who shall have the right to respond in writing to said docu-
ments.
Derogatory material in an employee' s personnel file (such as warning letters)
56
over two years old will not be used in a subsequent disciplinary action unless
directly related to the action upon which the discipline is taken. Derogatory
material does not include prior suspensions, demotions or dismissals for cause.
The County shall provide an opportunity for the employee to respond in writing
to any information which is in the employee' s personnel file about which he or
she disagrees. Such response shall become a permanent part of the employee' s
personnel record. The employee shall be responsible for providing the written
responses to be included as part of the employee' s permanent personnel record.
This section does not apply to the records of an employee relating to the
investigation of a possible criminal offense, medical records and information
or letters of reference.
Employees have the right to review their official personnel files which are
maintained in the Personnel Department or by their department. In a rase
involving a grievance or disciplinary action, the employee' s designated
representative may also review his/her personnel file with specific written
authorization from the employee.
SECTION 36 —.SERVICE AWARDS
The County shall continue its present policy with respect to service awards
including time off; provided, however, that the type of award given shall be at
the sole discretion of the County.
SECTION 37 - FLEX-TIME
It is understood that Resolution No. 75/1037 pertaining to flex-time may be
applied to clerical employees as well as other County employees. Nothing con-
tained in this Memorandum of Understanding prohibits the Department Head from
implementing a flex-time system for clerical employees. The Department Head
prior to .implementation shall discuss the implementation of any flex-time system
involving employees represented by the Union with the Union. Then the depart-
ment shall determine if the said flex-time is feasible following a trial period
and then shall submit the plan to the County Administrator for approval . Upon
written request to the Employee Relations Officer, the Union may request to meet
with a Department Head for the purpose of proposing an alternate flexible work
schedule.
SECTION 38 — DATA ON VACANT POSITIONS
The County agrees to continue investigating the feasibility of instituting a
data processing system to provide current data on available vacant positions
within the clerical series.
SECTION 39. - COUNTY LIBRARY EMPLOYEES
39.1 Evening Differential . Employees employed at the County Library shall
receive-a five 5) percent base pay salary differential for all scheduled hours
worked between 6:00 p.m. and 9:00 p.m.
57
39.2 Saturday Differential . Employees in the Library Unit who are scheduled to
work Saturday shall receive a five (5) percent base pay salary differential for
all hours worked on such Saturday, said five (5) percent differential shall not
apply to any overtime hours worked on Saturday.
39.3 Library employees in 1989 shall observe December 22, 1989 in lieu of the
day after Thanksgiving; Library employees in 1990 shall observe the day before
Christmas in lieu of the day after Thanksgiving.
SECTION-40 - UNFAIR LABOR PRACTICE
Either the County or the Union may file an unfair labor practice as defined in
Chapter 34-22 of Board Resolution 81/1165 against the other. Allegations of
an unfair labor practice, if not resolved in discussions between the parties,
may be heard by a mutually agreed upon impartial third party.
SECTION 41 - LENGTH OF SERVICE DEFINITION (for service awards &. vacation
accrual s
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including tem-
porary, provisional , and permanent status, and absences on approved leave of
absence). When an employee separates from a permanent position in good standing
and within two years is reemployed in a permanent County position, or • is
reemployed in a permanent County position from a layoff list within the period
of layoff eligibility, service credits shall include all credits accumulated at
time of separation, but shall not include the period of separation. The
Director of Personnel shall determine these matters based on the employee status
records in his/her department.
SECTION 42 — PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave benefits.
They are eligible for health, dental and life insurance benefits at
corresponding premium rates providing they work at least fifty (50) percent of
full time. If the employee works at least fifty (50) percent of full time,
County retirement participation is also included.
SECTION 43 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation and sick_
leave benefits.
SECTION 44- - PERMANENT-INTERMITTENT HEALTH PLAN
A permanent-intermittent employee represented by the Union may participate in
one of the County Group Health Plans of medical , dental and life insurance
coverage wholly at the employee' s expense. The County will not contribute to
the employee' s monthly premium. The employee will be responsible for paying the
monthly premium appropriately and punctually. Failure to meet the premium
deadline will mean automatic and immediate withdrawal from the County Group
58
Health Plan and reinstatement may only be effectuated during the "annual open
enrollment period .
SECTION 45 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees of the County immediately
prior to their provisional appointment, are eligible for vacation and sick leave
benefits.
Provisional employees may participate in one of the County Group Health Plans of
medical , dental and life insurance coverage wholly at the employee' s expense.
The County will not contribute to the employee' s monthly premium. The employee
will be responsible for paying the monthly premium appropriately and punctually.
Failure to meet the premium deadline will mean automatic and immediate
withdrawal from the County Group Health Plan and reinstatement may only be
effectuated during the annual open enrollment period.
SECTION 46 - WORD PROCESSING DIFFERENTIAL & VDT DIFFERENTIAL
A. Word Processinq Employees who are assigned primary respon-
sibility for the operation of word processing machines such as mag-card
machines, minicomputers with word processing software, video display
typewriting equipment or other equipment attached to a typewriter or printer
with external storage capacity and utilized in the transformation of words
and/or ideas into readable form shall receive a differential of $50.00 per
month. This differential shall be pro-rated for permanent part-time and
permanent-intermittent employees.
B. VDT Differential .
1 . Effective May 1 , 1987 employees in classifications represented by AFSCME
Local 2700 who regularly utilize a video display terminal under criteria
specified below shall receive a differential of forty dollars ($40) per
month.
2. Criteria for payment of the video display differential are as indicated:
a. An employee must be proficient at on-line entering, revising and/or
deleting of data. Employees classified as Data Entry Operators will
not be eligible for this differential . Employees who use a data
terminal only for information retrieval rather than on-line manipu-
Iation, also do not qualify.
b. An employee must use the video display terminal at least 25% of the
time. The differential will be pro-rated for part-time and per-
manent intermittent employees.
c. An employee must be proficient at using the special function keys to
activate and use various inter-related screens.
d. An employee must have a good understanding of the department' s com-
puterized system and understand the consequence of error if data is
improperly entered, revised or deleted.
59
e. Employees who receive the word processing differential are not eli-
gible to receive this differential .
3. The Personnel Director or his designee shall review each request for
this differential and payment is subject to his approval .
SECTION 47 - HAZARD PAY & STAT-CALL
A. Hazard Pa. Employees who work in the following designated areas shall
receive a five (5) percent base pay salary differential for each hour worked
in the hazardous area provided, however, that in the event the conditions in
these areas are improved so that the hazardous conditions no longer exist
such differential will no longer be applicable.
1 . Animal Services Department
2. Reception Center of the County Hospital
3. Mental Health Screening Unit of the Health Services Department
4. Conservatorship Office in Martinez
5. Evening Reception for the A.I .R.S. program at the Richmond Clinic
6. Employee who accompanies medical staff into inmate areas of the County
Detention Facility
B. Stat-Call . A ten (10) percent base pay salary differential shall be paid
for those shifts on which employees in classifications represented by
Local 2700 are specifically assigned by the administration to respond to
emergency "stat-calls" if said employees do not qualify for other hazard
assignment differential . A five (5) percent base pay salary differential
shall be paid for those shifts in which said employees are specifically
assigned to respond to emergency "stat-calls" if said employees qualify
for other hazard "assignment differential , said five (5) percent to be in
addition to the "hazard pay differential ."
It is understood that acceptance of the assignment to "stat-call " is
voluntary. Additionally, acceptance of the assignment to "stat-call " is
conditional on an employee(s) having successfully completed required
training. It is further understood that the above referenced salary dif-
ferential is based on an employee(s) actually being assigned to
"stat-call " .
SECTION 48- - CLASSIFICATION STUDIES
Upon receipt of the appropriate P-300 as submitted by operating departments and
approved by the County Administrator' s Office, the County agrees to conduct the
following classification studies. The County shall make its findings known to
the Union without obligation of the County to take action based upon the results
of the studies.
60
Class Issue Date to be Initiated
Medical Records To study need for 3/1/90
Technician a "lead" level
Clerk To study need for 4/1/90
(DA Family Support- reassignment to
Reception) "C" level .
Deputy Clerk Lead To study need for 1/2/90
Specialist "Lead Specialist
Coordinator" level
Patient Financial To study need for 4/1/90
Services Specialist "lead" level .
SECTION 49 - SHERIFF'S DEPARTMENT SHIFT AND HOLIDAY AGREEMENT
The agreement between the Union and the Sheriff' s Department concerning shift
assignments and holiday coverage in the Services Division shall remain in effect
for the duration of this agreement.
SECTION 50 — MEALS
50.1 Hospital-Ho,liday Meals. Employees represented by the Union who are
employed at the County Hospital and who are required to work on Thanksgiving,
Christmas or New Year' s will be provided a free meal in the Hospital Cafeteria
at no cost to the employee.
SECTION 51 - SPECIAL STUDIES
A. During the term of this Memorandum of Understanding, the County intends to
study the feasibility of instituting a shared savings plan for its Health
Plan premiums and will meet and confer with the Union prior to any implemen-
tation.
B. As soon as possible, the County intends to implement the provisions of IRS
Section 125 - Medical Insurance Premiums, which will allow employees, at
their option, to pay health care premiums with pre-tax dollars.
C. During the term of this Memorandum of Understanding, the County intends to
study the feasibility of initiating a Sick Leave Incentive Plan and will
meet and confer with the Union prior to any implementation.
SECTION 52- - LETTER OF UNDERSTANDING TEMPORARY EMPLOYEES
This letter will confirm agreements reached between AFSCME, Loral 2700 and
Contra Costa County through the recent meet and confer process pertaining .to
temporary and provisional employees.
A. Recognition. AFSCME, Local 2700 is the formally recognized employee organi-
zation for temporary employee, not including' emergency appointments and
61
retiree temporary appointments, who are employed by Contra Costa County in
those classifications covered by the Memorandum of Understanding between
AFSCME, Local 2700 and Contra Costa County.
B. Emergency appointments as defined in Section 809 of the Personnel Management
Regulations, and retiree temporary appointments as provided for in
Government Code, Section 31680.2, are not covered by this Letter of
Understanding.
C. A enc X Sho,_.
1 . All covered temporary employees, as specified in paragraph A. above
shall either:
a. Become and remain a member of the Union and pay an agency shop fee
of one and one-quarter percent (1-1/4%) of their regular pay per
semi-monthly pay period; this percentage may be changed by the Union
who will notify the County Auditor-Controller of the new percentage
and effective date; or
b. Pay to the Union an agency shop service fee of the amount which does
not exceed an amount which may be lawfully collected under appli-
cable constitutional , statutory and case law, which under no cir-
cumstances shall exceed the amount specified in C.l .a. above. It
shall be the sole responsibility of the Union to determine an agency
shop fee which meets the above criteria; or
c. Do both of the following:
1 . Execute a written declaration that the employee is a member of a
bona fide religion, body or sect which has historically held a
conscientious objection to joining or financially supporting any
public employee organization as a condition of employment or
declare that the employee has a bona fide religious conscien-
tious objection to joining or financially supporting a public
employee organization; and
2. Pay a sum equal to the agency shop service fee specified in
C.l .b. above to a non-religious, non-labor charitable fund cho-
sen by the employee from those listed in the Memorandum of
Understanding between AFSCME, Local 2700 and Contra Costa
County.
2. No initiation fee or special assessments shall be required 'of these
employees.
3. The union shall provide the County with a copy of the Union' s "Hudson
Procedure" for the determination and protest of its agency shop fees.
The Union shall provide a copy of said "Hudson Procedure" to every fee
payor covered by this MOU within one month from the date it is approved
and annually thereafter, and also as a condition to any change in the
agency shop fee. Failure by a fee payor to invoke the Union' s Hudson
62
Procedure within one month after actual notice of the Hudson Procedure
shall be a waiver by the employee of his/her right to contest the amount
of the agency shop fee.
4. This agency shop service provision shall be effective on the August 10,
1988 payroll .
D. Agency Shop Deductions.
1 . A current temporary employee or a new temporary employee hired into a
job class represented by Local 2700 shall be provided through the County
Personnel Department with an "Employee Authorization For Payroll
Deduction" form. Said employee shall have thirty (30) calendar days to
fully execute the authorization form of his/her choice and return said
form to the County Personnel Department.
2. If the form authorizing payroll deduction is not returned within thirty
(30) calendar days after notice of this agency shop fee provision and
the union dues, agency shop fee or charitable contribution required
under Section 3 are not received, the Union may, in writing, direct that
the County withhold the agency shop fee from the employee' s salary, in
which case the employee' s monthly salary shall be reduced by an amount
equal to the agency shop fee and the County shall pay an equal amount to
the Union.
3. The Union shall indemnify, defend and save the County harmless against
any and all claims, demands, suits, orders, or judgements, or other
forms of liability that arise out of or by reason of this Union Security
Section, or action taken or not taken by the bounty under this Section.
This includes , but is not limited to, the County' s attorney fees and
costs.
4. The authorization of payroll deductions described in _D.l . above shall
require the employee to agree to hold. the County harmless from all
claims, demands, suits or other forms of liability that may arise
against the County for or on account of any deduction made from the
wages of such employee.
E. Sala
1 . Temporary HourlX Rates. Effective June 1 , 1988, for all classifications
represented by the Union, the hourly rate paid temporary employees shall
be the- "1.00 hourly rate" calculated on the salary schedule by dividing
the unrounded monthly salary at any step by 173.33. .
2. Current Employees. Effective June 1 , 1988 all current temporary
employees shall be placed at the salary step for their classification
which is closest to their previous "1.05 hourly rate" (received by tem-
porary employees in some classifications prior to June 1 , 1988) or other
previous rate.
63
3. New Employees. Except as otherwise permitted in deep class resolutions,
temporary employees hired on or after June 1 , 1988 shall generally be
appointed at the minimum step of the salary range established for the
particular class to which the appointment is made. However, the
Director of Personnel may authorize an appointing authority to make a
particular temporary appointment at a step above the minimum of the
range.
F. SalarX Increments within Range.
1 . Increment Eli i_bilitX and. SalarX Review. Effective May 1 , 1988 all tem-
porary employees shall begin accumulating a record of straight time
hours worked for the purpose of a salary review to determine whether the
employee shall be advanced to the next higher step, or other step as
specified by deep class resolution,, in the salary range for the classi-
fication. Advancement to a higher step shall be granted only on the
affirmative recommendaton of the appointing authority, based on satis-
factory performance by the employee. The appointing authority may
recommend granting the salary increment or unconditional denial of the
increment.
2. FrequencX of Increments. Increments within range shall not be granted
more frequently than once per every 2080 straight time hours worked by a
temporary employee.
3. Effective Date. Step increases resulting from an approved salary review
shall be effective the first of the month following completion of 2080
straight time hours worked and return of the salary review report to the
Personnel Department.
4. New Em 1 oXees. Temporary employees hired on or after May 1 , 1988 at
step 1 of the salary range for their classification or at step 1 of the
salary range for their assigned level in a deep class will be eligible
for a salary review as described in "F.1 ." above after completion of
1040 straight time hours worked; additional salary reviews will be after
the cumulation of an additional 2080 straight time hours as described in
"F.2." above.
5. No provision of this section shall be construed to make the granting of
salary increments mandatory on the County.
G. Paid Time Off.
1 . Effective May 1 , 1988 temporary employees shall begin accumulating a
record of straight time hours worked.
2. Based upon the accumulation of straight time hours recorded ("G.l ."
above), effective on the payroll following the payroll on which payment
was made for the 2080th straight time hour worked, the temporary
employee shall be credited with forty (40) hours of "paid time off".
Forty (40) hours paid time off credit is the maximum amount an employee
may have at any time.
64
J. This Letter of Understanding is subject to meet and confer effective July 1 ,
1989.
If the foregoing conforms with your understanding, please indicate your accep-
tance and approval in the space provided below.
Date:
By;
S ME, o al 2 Contra Costa County
CTION 53 - ADOPTION
The provisions of this Memorandum of Understanding shall be made applicable on
the dates indicated and upon approval by the Board of Supervisors. Resolutions
and Ordinances, where necessary, shall be prepared and adopted in order to
implement these provisions. It is understood that where it is determined that
an Ordinance is required to implement any of the foregoing provisions, said pro-
visions shall become effective upon the first day of the month following thirty
(30) days after such Ordinance is adopted.
SECTION 54 - DURATION OF AGREEMENT
This Agreement shall continue in full force and effect from July 1 , 1989 to and
including September 30, 1991 . Said Agreement shall automatically renew from
year to year thereafter unless either party gives written notice to the other
prior to sixty (60) days from the aforesaid termination date of its intention to
amend, modify, or terminate the Agreement.
SECTION 55 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
55.1 Sco e of A reement. Except as otherwise specifically provided` herein,
this Memorandum of Understanding 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 Memorandum of Understanding demand
any change herein, provided that nothing herein shall prohibit the parties from
changing the terms of this Memorandum of Understanding by mutual agreement.
55.2 Se arabilit of- Provisions. Should any section, clause or- provision of
this Memorandum of Understanding be declared illegal , un lawful or unenforceable,
by final judgment of a court of competent jurisdiction, such invalidation of
such section, clause or provision shall not invalidate the remaining port-ions
hereof, and such remaining portions shall .remain in full force and effect for
the duration of this Memorandum of Understanding.
66
3. Use. Paid time off (PTO) shall not be taken until "credited" ("G.2."
above) after completion of 2080 straight time hours worked PTO shall
be taken by an employee only with the approval of his/her supervisor.
4. Paid Off At Separation. If a temporary employee terminates his/her
County employment separates from County service), the employee shall be
paid all currently "credited" PTO hours ("G.2" above) and, in addition,
shall be paid off for that portion of PTO hours earned but not yet cre-
dited on the basis of that portion of the 2080 straight time hours
worked (STHW) cumulation. The formula for the earned but not credited
payoff is: STHW divided by 2080 multiplied by 40 multiplied by the
current hourly pay rate at separation.
5. Appointment to a Permanent - Position. If a temporary employee is
appointed to a permanent position, the "credited" PTO hours and the
earned but not yet credited PTO hours, as described in "G.4." above,
shall be converted to "VACATION" hours and subject to the MOU provisions
relating to VACATION.
6. Paid Time Off Credit for Current Tempora ry Em l_Uees. All current tem-
porary emp oyees who are still emp oyed on a temporary basis on or after
May 1 , 1988 , as evidenced by having worked and been paid on the May 25
payroll , shall be given paid time off credit under the following con-
ditions and calculated as follows:
a. Straight time hours worked from Janau.ry 1 , 1987 through April 30,
1988 shall be totaled.
b. If an employee has worked 1040 hours during that period, thereafter
he/she will earn four (4) hours PTO for each 173.33 straight time
hours worked to a maximum of twenty (20) PTO hours,
c. PTO calculated above shall be credited to the employee' s PTO account
on the June 25 , 1988 payroll .
d. Beginning June 26, 1988 , the employee will be eligible use the cre-
dited PTO with the approval of his/her supervisor.
H. Provisional Em to ees. AFSCME, Local 2700 is the formally recognized
em�p oyee organization for all provisional employees appointed by the County
from "outside County service" in classifications covered by the Memorandumn
of Understanding between the County and the Union. The provisional employee
will continue to receive the salaries and benefits provided. in the MOU for
provisional employees. Provisional employees shall be covered by the agency
shop provisions of the Memorandum of Understanding applicable to permanent
employees, effective with the August 10, 1988 payroll , with the exception
that provisional employees shall not be required to pay any initiation fee
or special assessment fee.
I . Grievance Procedure. Temporary and provisional employees covered by. this
Letter of Understanding may grieve only alleged violations of the specific
terms and conditions specified in this Letter of Understanding.
65
55 . 3 Personnel ManagemenjReulations. Where a specific provision contained in
a section of this Memorandum of Understanding conflicts with a specific provi-
sion contained in a section of the Personnel Management Regulations, the provi-
sion of this Memorandum of Understanding shall prevail . It is recognized,
however, that certain provisions of the Personnel Management Regulations may be
supplementary to the provisions of this Memorandum of Understanding or deal with
matters not within the scope . of representation and as such remain in full force
and effect.
SECTION 56 - PAST PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING
Continuance of working conditions and past practices not specifically authorized
by ordinance or by resolution of the Board of Supervisors is not guaranteed by
this Memorandum of Understanding; provided, however, that only during the term
of this Memorandum of Understanding which expires September 30, 1991 , the Union
may claim a violation of a past practice. If the Union can demonstrate that
such past practice exists by virtue of having been acknowledged and agreed to by
Management and representatives of the Union or by employees represented by the
Union who reach agreement with a Department Head on a specific policy covering a
group of employees such as a reassignment policy, the alleged violation of said
past practice will be subject to the grievance procedure. Those practices which
have been agreed to by Management and not approved by the Department Head must
be confirmed and approved by the Department Head within six (6) months from the
below execution date of this Memorandum of Understanding in order to be con-
sidered a past practice pursuant to this provision.
67
Date:
UNITED CLERICAL, TECHNICAL &
SPECIALIZED EMPLOYEES, LOCAL 2700
CONTRA COSTA COUNTY ?AFSCME__--4 _
4
y By
By By
By By
By By GG
i
By ._. By
By By
By
By
By .
By
By .
68
ATTACHMENT A
PROJECT POSITIONS
United Clerical , Technical & Specialized Employees, AFSCME, Local 2700, and the
County have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for employees in project classes which,
except for the project designation, would be represented by United Clerical ,
Technical & Specialized Employees, AFSCME, Local 2700. For example, Clerk is
represented by United Clerical , Technical & Specialized Employees, therefore, it.,
has been agreed that Clerk-Project will also be represented by United Clerical ,
Tehnical & Specialized Employees.
Other project classes that are not readily identifiable as properly included in
bargaining units represented by United Clerical , Technical & Specialized
Employees shall be assigned to bargaining units in accordance with the
provisions of Section 34-12.015 of Board Resolution 81/1165.
The Union and the County understand that the meet and confer process with
respect to the conditions of employment for project classifications is unique
and, therefore, differs from other regular classes represented by United
Clerical , Technical & Specialized Employees in the following respects:
1 . Project employees are not covered by the Merit System;
2. project employees may be separated from service at any time without regard
to the provisions of this Memorandum of Understanding, without right of
appeal or hearing or recourse to the grievance procedure specified herein;
and
3. any provision of this Memorandun of Understanding which pertains to layoff
or seniority are not applicable to project employees.
ATTACHMENT P
Contra Personnel Department
Costa Third Floor, Administration Bldg.
651 Pine Street
COUnty Martinez, California 94553.1292
(415) 372-4064
Harry D. Cisterman
Director of Personnel
November 4, 1985
Mr. Warren Nelson
Business Representative
United Clerical Employees,
Local 2700, AFSCME
936 Court Street
Martinez, CA 94553
Dear Mr. Nelson:
This letter is to confirm understandings reached during discussions concerning
the Clerical Deep Class dated March 29, 1982 and to correct an error in a pre-
viously signed side letter.
1. The allocation factors to be used in determining level
assignments are attached,
2. The following sections of the resolution establishing the
Clerical Deep Class shall be subject to the grievance
procedure contained in the current Memorandum of
Understanding between the County and United Clerical
Employees , AFSCME, Local 2700 limited by notes (a, b, &
c) shown below.
Section Title
2 Compensation
3 Part Time Compensation
5 Compensation for Portion
of month
(a) 6 Initial Appointments to This
Class
9 Salary on Reassignment
Between Levels
(b) 10 Short Term Reassignment
11 Salary on Transfer
12 Salary on Promotion
13 Salary on Demotion
14 Salary on Voluntary Demotion
15 Anniversary Dates
(c) 16 Merit Increment Salary Adjustments
18 Reclassification of Postion
19 Recruitment Difficulty Bonus
21 b Reassignment Selection Procedure
Within Level
21 c Reassignment Selection Procedure
to a Higher Level
22 Seniority
22 Allocation of Current Employees
ipmel
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
-2-
2. . . .Notes
2_2. . . .Notes
a. Failure to give five (5) days prior notice of an
appointment from outside County service is the only
aspect of this section that is subject to the grievance
procedure.
b. Failure to compensate an employee who is filling an
uncovered previously designated senior level position is
the only aspect of this section that is subject to the
grievance procedure.
c. This section is grievable to the extend provided for in
.Section 5.6 "Increments Within Range" of the. Memorandum
of Understanding between the County and United Clerical
Employees dated November 4, 1985.
:3. An employee who is reassigned from a higher level position to a lower
level position and who is Y rated or placed in the appropriate salary range for
the assignment in accordance with Section 9.F of the Clerical Deep Class
Resolution shall be given notice in accordance with Section 23.2 ".Skelly
Requirements" of the Memorandum of Understanding between the County and United
Clerical Employees dated November 4, 1985. An employee may appeal such an
action through Section 24, "Grievance Procedure" beginning with step C. said
appeal must be filed within ten (10) work days of the action.
4. Section 20.7 of the Memorandum of Understanding between the County and
United Clerical Employees dated November 4, 1985 shall apply if an employee is
not redesignated to a senior level position in accordance with Section 20 of the
Clerical Deep Class Resolution.
Dated
United Clerical Employees
Contra Costa County Local 2700, AFSCME
By By
ATTACHMENT C Personnel Department
Contra
CostaThird Floor, Administration Bldg.
} 651 Pine Street
Martinez, California 94553-1292
County (415) 372-4064
Harry D. Cisterman
Director of Personnel
November 4, 1985
Mr, Warren Nelson
Business Representative
United Clerical Employees,
Local 2700, AFSCME
936 Court Street
Martinez, CA 94553
Dear Mr. Nelson:
This letter is to confirm understandings reached during discussions. concerning
the Secretary. Deep Class.
1. The allocation factors to be used in determining level
assignments are attached.
2. The following sections of the resolution establishing the
Secretary Deep Class shall be subject to the grievance
procedure contained in the current Memorandum of
Understanding between the County and United Clerical
Employees, AFSCME, Local 2700 limited by notes (a, b, &
c) shown below.
Section Title
2 Compensation
3 Part Time Compensation
5 Compensation for Portion
of month
a. 6. Initial Appointments to This
Class
9 Salary on Reassignment
Between Levels
b. 10 Short Term Reassignment
11 Salary on Transfer
12 Salary on Promotion
13 Salary on Demotion
14 Salary on Voluntary Demotion
15 Anniversary Dates
C. 16 Merit Increment Salary Adjustments
18 Reclassification of Postion
20 b Vacant Advanced Level Positions
20 c Reassignment Selection Procedure
Within Level
20 d Reassignment Selection Procedure-
to a Nigher Level
21 Seniority
22 Allocation of Current Employees
roma
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
-2-
2. . . .Notes
2-2. . . .Notes
a, Initial appointments above step 14 prior to June 30,
1983, are the only aspect of this section that is. sub-
ject to the grievance procedure.
b. Failure to compensate an employee who is filling an
uncovered previously designated advance level position
is the only aspect of this section that is subject to
the grievance procedure.
c. This section is grievable to the extend provided for in
the Section titled "Increments Within Range" of the
current memorandum of Understanding between the County
and United Clerical Employees.
3, An employee who is reassigned from a nigher level position to a lower
level position and who is Y rated or placed in the appropriate salary range for
the assignment in accordance with Section 9.D of the Secretary Deep Class
Resolution shall be given notice in accordance with the Section on "Skelly
Requirements" in the current Memorandum of Understanding between the County and United
Clerical Employees. An employee may appeal such an action through the
"Grievance Procedure" beginning with step C. Said appeal must be filed within
ten 10 work days of the action.
4. The Section on Promotions; in the current IMemorand-um of Understanding
between the County and United Clerical Employees shall apply if an employee is
not redesignated to an advance level position in accordance with Section 20 of
the Secretary Deep Class Resolution.
Dated
United Clerical Employees
Contra Costa County Local 2700, AFSCME
By �� Lry_�, / By
ATTACHMENT D
PCO87991 CLASS C SALARY LISTING
CF05 CODE R
GENERAL CLERICAL SERVICES UNIT
CLAS LEVEL SALARY RANGE CLASS TITLE
JDTD - C5-1435 . 1908.00 - 2319.00 . . * ACCOUNT CLERK - ADVANCED LEVEL DEEP
JOW8 . C5-1214 . 1529*00 - 1859*00 * . * ACCOUNT CLERK - BEGINNI_NG LEVEL DEE
JDVC . C5- 1330 . 1718.00 - 2088.00 . * ACCOUNT CLERK - EXPERIENCED LEVEL D
J071 . C5-1050 . 1298.00 - 1578.00 . ACCOUNT CLERK TRAINEE - PROJECT
J07A . C5-1527 - 2091.00 - 2542.00 - . ACCOUNTING TECHNICIAN
9BSA . C5-1520 . 2077.00 - 2524.00 . AIRPORT OFFICE ASSISTANT
J9SB . XB-1551 * 2040.00 - 2604*00 * - ASSISTANT SOCIAL SERVICE CLERICAL S
X4VD * C3-1458 * 2152.00 - 2373*00 - * ASSISTANT VOLUNTEER COORDINATOR
J9SC . XC-1489 . 1917.00 - 2447.00 . . , CHILDREN'S SERVICES CLERICAL SPECIA
JWXE . C1-0929 . FLAT - 1265.00 . - * CLERK - BEGINNING LEVEL (NT )
JWXA . C5-1074 - 1330.00 - 1616.00 - - * CLERK - BEGINNING LEVEL(T)
JWX9 o C5-1219 . 1537.00 - 1868.00 - . * CLERK - EXPERIENCED LEVEL
JWW3 - C5-1025 . 1266.00 - 1539.00 . . CLERK - PROJECT
JWXC - XB-1386 - 1730*00 - 2208.00 - . * CLERK - SENIOR LEVEL
JWXD . XB-1458 . 1859*00 - 2373*00 9 * * CLERK - SPECIALIST LEVEL
LAWC . C5-1269 . 1616.00 - 1964.00 . . DATA CONTROL CLERK
J4WA . C5-1172 . 1467.00 - 1783.00 . - DATA ENTRY OPERATOR I
J4VA . C5-1269 . 1616.00 - 1964.00 . * DATA ENTRY OPERATOR II .
J4V1 - C5-1269 . 1616.00 - 19 64*00 - . DATA ENTRY OPERATOR II - PROJECT
9G7A .. C5-1434 . 1906.00 - 2316.00 . * EMERGENCY SERVICES TECHNICAL ASSISI
JWVI . C5-1219 . 1537.00 - 1868.00 . * INTERMEDIATE TYPIST CLERK - PROJECI
3KWF - C5-1074 - 1330.00 - 1616.00 . . LIBRARY CLERK I
3KWG - C5-1219 . 1537*00 - 1868.00 . * LIBRARY' CLERK II
VNTB . C5-1422 - 1883-00 - 2289.00 . . MEDICAL RECORD TECHN.IC.IAN
J9W0. * XB-1363 . 1690.00 - 2158*00 * - MEDICAL TRANSCRIBER
V9VB . XC-1489 . 1917.00 - 2447.00 - .' PATIENT FINANCIAL SERVICES SPECIAL
V9V1 . XC-1489 - 1917.00 - 2447.00 . . PATIENT FINANCIAL SERVICES SPECIAL?
J9WF * C5-1559 . 2159.00 - 2625.00 * . RECORDABLE DOCUMENTS TECHNICIAN
JWHE . C5-1582 . 2209*00 - 2686.00 * - RETIREMENT SERVICES COUNSELOR
J9WA * C5-1074 * 1330*00 - 1616.00 * - SEASONAL CLERK
J3TD * TD-1193 * 2015.00 - 2579.00 * * * SECRETARY (DEEP CLASS)
J317D . TO-1193 . 1613.00 - 2224.00 . - * SECRETARY (DEEP CLASS)
J3TE * XC-1541 . 2019.00 - 2578*00 * - SECRETARY - CLERK OF THE BOARD
J31`9 * TD-1193 . 1613.00 - 2579.00 o . * SECRETARY - PROJECT (DEEP CLASS)
JWT2 . XB-1386 . 1730.00 - 2208*00 . . SENIOR CLERK-PROJECT
?%0879. 1 CLASS SALARY LISTING
CF05t CODE G
DEPUTY CLERKS• UNIT
CLAS LEVEL SALARY RANGE CLASS TITLE
JPT3 . C5-1342 . 1736.00 - 2113.00 . DEPUTY CLERK - SENIOR DATA ENTRY OP
JPXI . C5-1074 . 1330.00 1616.00 . * DEPUTY CLERK-BEGINNING LEVEL
JPX5 . C5-1622 2300.00 - 2795.00 . * DEPUTY. CLERK-COURTROOM CLERK
JPW2 . C5-1172 1467.00 - 1783.00 . DEPUTY CLERK-DATA ENTRY OPERATOR I
JPV2 . C5-1269 . 1616.00 - 1964.00 . DEPUTY CLERK-DATA ENTRY OPERATOR II
JPX2 . C5-1219 . 1537.00 - 1868.00 . * DEPUTY CLERK-EXPERIENCED LEVEL
JPX3 . XB-1386 . 1730.00 - 2208.00 . * DEPUTY CLERK-SENIOR LEVEL
JPX4 m 8-1.458 . 1859.00 - 2373°00 9 DEPUTY CLERK-SPECIALIST LEVEL
PC087901 CLASS C SALARY LISTING
CF05 CODE R
GENERAL CLERICAL SERVICES UNIT
CLAS LEVEL SALARY RANGE CLASS TITLE
JPTA . X8-1458 - 1859.00 — 2373-00 . . SHERIFF'S PROCESS CLERK
J3NA . C5-1154 . 1440.00 — 1751.00 . . STENOGRAPHER CLERK
94SA C5-1425 . 1889.00 — 2296.00 TELECOMUNICATIONS CLERICAL SPECIALI
VNSA . C5-1513 . 2062.00 2507.00 . . TUMOR REGISTRAR
JWW4 . C5-1074 - 1330.00 — 1616.00 . . TYPIST CLERK—PROJECT
AJ7A . C5-1544 . 2127.00 — 2586.00 a 9 WORKER'S COMPENSATION CLAIMS TECHNI