HomeMy WebLinkAboutMINUTES - 02271990 - 1.92 �-092 �
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on FEBRUARY 27, 1990 , by the following vote:
AYES: Supervisors Powers , Schroder, McPeak, Torlakson, Fanden
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 90/11S
SUBJECT: -IN THE MATTER OF APPROVING THE
MEMORANDUM OF UNDERSTANDING WITH
THE WESTERN COUNCIL OF ENGINEERS
The Contra Costa County Board of Supervisors RESOLVES THAT:
1 . On February 27, 1990-, the Employee Relations Officer submitted the
Memorandum of Understanding dated February 22, 1990 entered into with Western
Council of Engineers for the Professional Engineer Unit.
2. This Board having thoroughly considered said Memorandum of Understanding,
the same is approved..
3. Sal-ari es a-nd Terms and Conditions. -of Employment; Western - Council of-
Engineers. Memorandum of Understanding with Western Council of Engineers is
attached hereto, marked Exhibit A; and Section Numbers 1 through...48 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 unit.
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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.
1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors FEB date shown.
ATTESTED:
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
—.Deputy
Orig. Dept.; Personnel
CC: Auditor–Controller
Public Works
Building Inspection
Western Council of Engineers
RESOLUTION NO. 90/1-15
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
WESTERN COUNCIL OF ENGINEERS
EFFECTIVE
JULY 1 , 1989 - SEPTEMBER 30, 1991
MEMORANDUM .OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
WESTERN COUNCIL OF ENGINEERS
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
Council is the recognized representative, have freely exchanged information,
opinions and proposals and have endeavored to reach agreement on all matters
relating to the employment conditions and employer-employee relations covering
such employees.
This 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. "Appointing Authority" means Department Head unless otherwise provided by
statute or ordinance.
B. "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.
C. "Class Title" means the designation given to a class, to each position
allocated to the class, and to the employees allocated to the class.
D. "Council " means Western Council of Engineers.
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 classes.
G. "Director of Personnel " means the person designated by the County
Administrator to serve as the Assistant County AdministratorDirector of
Personnel .
H. "Eligible" means any person whose name is on an employment or reemployment
or layoff list for a given class.
I . "Employee" 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 return.
J. "Employment 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 class 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 on 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 Employee" means an 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.
P. "Promotion" means the change of a permanent employee to another position in
a class allocated to a salary range for which the top step is higher than
the top step of the class which the employee formerly occupied, except as
provided iur 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.
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R. "Reallocation" means the act of reassigning an individual position from one
. class to another class at the same range of the salary schedule or to a
class which is allocated to another range that is within five (5) percent
of the top step, except as otherwise provided for in the Personnel
Management Regulations, deep class resolutions or other ordinances.
S. "Reclassification" means the act of changing the allocation of a position
by raising it to a higher class or reducing it to a lower class on the
basis of significant changes in the kind, difficulty or responsibility of
duties performed in such position.
T. "Reemployment Iist" means a list of persons, who have occupied positions
allocated to any class in the merit system and, who have voluntarily
separated and are qualified for consideration for reappointment under the
Personnel Management Regulations governing reemployment.
U. "Resignation" means the voluntary termination of permanent employment with
the County.
V. "Temporary Employment" 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 1 - RECOGNITION
1 .1 Council Recognition. The Council is formally recognized as the exclusive
representative for the employees assigned to the Professional Engineer Unit and
has been certified as such pursuant to Board Resolution 81/1165.
SECTION 2 - COUNCIL SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board Resolution 81/1165 only
a majority representative may have dues deduction and as such the Council has
the exclusive privilege of dues deduction for all members in its units.
Dues deduction shall be based on the voluntary written authorization of the
employee which shall remain in effect so long as the employee remains in a unit
represented by the Council unless such authorization is cancelled in writing by
the employee. The dues deduction shall be for an amount specified by the
Council . The Council shall indemnify, defend, and hold the County harmless
against any claims made and against any suit instituted against the County on
account of dues deduction. The Council shall refund to the County any amounts
paid to it in error upon presentation of supporting evidence.
2.2 Communicating With Employees. The Council shall be allowed to use
designated portions of bulletin boards or display areas in public portions of
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County buildings or in public portions of offices in which there are employees
represented by the Council , provided the communications displayed have to do
with official organization business such as times and places of meetings and
further provided that the employee organization appropriately posts and removes
the information. The Department Head reserves the right to remove objectionable
materials after notification to and discussion with the Council .
Representatives of the Council , not on County time, shall be permitted to place
a supply of employee literature at specific locations in County buildings if
arranged through the Employee Relations Officer; said representatives may
distribute employee organization literature in work areas (except work areas not
open to the public) if the nature of the literature and the proposed method of
distribution are compatible with the work environment and work in progress.
Such placement and/or distribution shall not be performed by on duty employees.
The Council 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 council
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.
2.3 Use of County Buildings. The Council shall be allowed the use of areas
normally used for meeting purposes for meetings of County employees during non-
work hours when :
1 . Such space is available and its use by the Council 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;
5. The meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and
maintain scheduling of such uses. The Council shall maintain proper order at
the meeting,, and see that the space is left in a clean and orderly condition,
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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.
2.4 Advance-Notice. The Council shall , except in cases of emergency, have the
right to reasonable notice of any ordinance, rule, resolution or regulation
directly relating to matters within the scope of representation proposed to be
adopted by the Board, or boards and commissions designated by the Board, and to
meet with the body considering the matter.
The listing of an item on a public agenda or the mailing of a copy of a proposal
at least seventy-two (72) hours before the item will be heard, or the delivery
of a copy of the proposal at least twenty-four (24) hours before the item will
be heard, shall constitute notice.
In cases of emergency when the Board, or boards and commissions designated by
the Board determines it must act immediately without such notice or meeting, it
shall give notice and opportunity to meet as soon as practical after its action.
2.5 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 Council , that the employee's classification
is represented by the Council and the name of a representative of the Council .
The County will provide the employee with a packet of information which has been
supplied by the Council and approved by the County. The County will also provide
the addresses of new employees to the Council if the employee consents in
writing to the County providing this information to the Council .
2.6 The Council may distribute materials to designated Council representatives
through the County distribution channels if approved by the Personnel Director
or his designee. The decision of the Personnel Director is final and not sub-
ject to the grievance procedure. This privilege may be revoked in the event of
abuse after the Personnel Director consults with the Council .
2.7 Section 11 of the 1977-1979 Memorandum of Understanding between the County
and Western Council of Engineers shall be continued for the duration of this
Memorandum of Understanding.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin,
sexual orientation or Council activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the extent
prohibited by applicable State and Federal law there shall be no discrimination
because of age. There shall be no discrimination against any handicapped 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 or in a manner that does not endanger the
health of such person. There shall be no discrimination because of Union mem-
bership or legitimate union activity against any employee or applicant for
employment by the County or anyone employed by the County.
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SECTION 4 --OFFICIAL COUNCIL REPRESENTATIVES
4.1 Attendance -at Meetings. Employees designated as official council represen-
tatives shall be allowed to attend meetings held by County agencies during regu-
lar 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;
3. If their attendance is required for meetings schedule at reasonable times
agreeable to all parties, required for settlement of grievances filed pur-
suant to Section 23 (Grievance Procedure) of this Memorandum.
4. If they are designated as a council representative in which case they may
utilize a reasonable time at each level of the proceedings to assist an
employee to present a grievance, provided the meetings are scheduled at
reasonable times agreeable to all parties.
5. If they are designated as spokesperson or representative of the Council 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.
4.2 Council Representative. Official representatives of the Council 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 the number of such representatives shall
not exceed two (2) without prior approval of the Employee Relations Officer, and
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 Wage Increases
A. Effective February 1 , 1990 each represented classification shall
receive a general wage increase of 59 levels on the County Salary
Schedule (6%) .
B. Effective April 1 , 1990 each represented classification shall receive a
general wage increase of 84 levels on the County Salary Schedule
(8.8%) .
C. Effective October 1 , 1990, each represented classification shall
receive a general wage increase of 49 levels on the County Salary
Schedule (5%) .
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5.2 Lump Sum Payment
In lieu of a retroactive pay requiring special payroll recomputation pro-
cessing back to July 1 , 1989, the County will make a "lump sum payment" to
each employee for the period from July 1989 through December 1989 computed
as follows: Employee regular pay, overtime pay and specific 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 be multiplied by 4%. For the month of January 1990, the base
will be multiplied by 6%. The combined sum of the above computations will
be -added to the employee's March 10, 1990 paycheck where it will be listed
separately as a "LUMP SUM PAYMENT" and will be subject to normal tax with-
holding and retirement deduction requirements.
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.
5.3 Entrance Salary. New employees shall generally be appointed at the minimum
step of the salary range established for the particular class of position to
which the appointment is made. However, the appointing authority may fill a
particular position at a step above the minimum of the range.
5.4 Anniversary -Dates. Except as may otherwise be provided for in deep class
resolutions , anniversary dates will be set as follows:
A. New Employees . The anniversary date of a new employee is the first day of
the calendar month after the calendar month when the employee successfully
completes six (6) months service provided however, if an employee began
work on the first regularly scheduled workday of the month the anniversary
date is the first day of the calendar month when the employee successfully
completes six months service.
B. Promotions . The anniversary date of a promoted employee is determined as
for a new employee in Subsection 5.3.A. above.
C. Demotions. The anniversary of a demoted employee is the first day of the
calendar month after the calendar month when the demotion was effective.
D. Transfer, Reallocation and Reclassification. The anniversary date of an
employee who is transferred to another position or one whose position has
been reallocated or reclassified to a class allocated to the same salary
range or to a salary range which is within five (5) percent of the top step
of the previous classification, remains unchanged.
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E. Reemplo_yments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and not
required to serve• a probation period is determined in the same way as the
anniversary date is determined for a new employee who is appointed the same
date, classification and step and who then successfully completes the
required probationary period.
F. Notwithstanding other provisions of this Section 5, the anniversary of an
employee who is appointed to a classified position from 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 year of the calendar
month after the calendar month when the employee was appointed or trans-
ferred; provided, .however, when the appointment or transfer is effective on
the employee's first regularly scheduled work day of that month, his anni-
versary is one (1 ) year after the first calendar day of that month.
5.5 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-
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. (Which must be set at the time the original report is returned).
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1 ) step within-range
increment be granted at one time, except as otherwise provided in deep-class
resolutions. In case an appointing authority recommends denial of the within
range increment on some particular anniversary date, but recommends a special
salary review at some date before the next anniversary the special salary review
shall not affect the regular salary review on the next anniversary date. Nothing
herein shall be construed to make the granting of increments mandatory on the
County. If an operatiing department verifies in writing that an administrative
or clerical error was made in failing to submit the documents needed to advance
an employee to the next salary step on the first of the month when eligible, said
advancement shall be made retroactive to the first of the month when eligible.
5.6 Part-Time Compensation. A part-time employee shall be paid a monthly
salary in the same ratio to the full-time monthly rate to which the employee
would be entitled as a full-time employee under the provisions of this Section 5
as the number of hours per week in the employee's part-time work schedule bears
to the number of hours in the full-time work schedule of the department.
5.7 Compensation for Portion of Month. Any employee who works less than any
full calendar month, except when on authorized paid leave, shall receive as com-
pensation for services : an amount which is in the same ratio to the established
monthly rate as the number of days worked is to the actual working days in such
employee' s normal work schedule for the particular month; but if the employment
is intermittent, compensation shall be on an hourly basis.
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5.8 Position -Reclassification. An employee who is an incumbent of a position
which is reclassified to a class which is allocated to the same range of the
basic salary schedule as is the class of the position before it was
reclassified, shall be paid at the same step of the range as the employee
received under the previous classification.
An incumbent of a position which is reclassified to a class which is allocated
to a lower range of the basic salary schedule shall continue to receive the same
salary as before the reclassification, but if such salary is greater than the
maximum of the range of the class to which the position has been reclassified,
the salary of the incumbent shall be reduced to the maximum salary for the new
classification. The salary of an incumbent of a position which is reclassified
to a class which is allocated to a range of the basic salary schedule greater
than the range of the class of the position before it was reclassified shall be
governed by the provisions of Section 5.10 Salary on Promotion.
5.9 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which
is reallocated to a salary range above or below that to which it was
previously allocated, when the number of steps remain the same, shall
be compensated at the same step in the new salary range the employee
was receiving in the range to which the class was previously allocated.
If the reallocation is from one salary range with more steps to a range
with fewer steps or vice versa, the employee shall be compensated at
the step on the new range which is in the same 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-
dule, apart from the general salary increase or decrease described in
5.9A 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 incum-
bent shall be placed at the step of the new range which is next above
the salary rate received in the old range, or if the new range does not
contain a higher step, at the step which is next lower than the salary
received in the old range.
C. In the event an employee is in a position which is reallocated to a
different class which is allocated to a salary range the same as above
or below the salary range of the employee' s previous class, the incum-
bent 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 incumbent shall be
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placed at the' step which is next lower than the salary received in the
old range.
D. In the event of reallocation to a deep class, the provisions of the
deep class resolution and incumbent salary allocations, if any, shall
supercede Section 5.9.
5.10 Salary on Promotion. Any employee who is appointed to a position of a
class allocated to a - higher salary range than the class previously occupied,
except as provided under Section 5.14, shall receive the salary in the new
salary range which is next higher than the rate received before promotion. In
the event this increase is less than five percent (5%), the employee's salary
shall be adjusted to the step in the new range which is at least five percent
(5%) greater than the next higher step; provided, however, that the next step
shall not exceed the maximum salary for the higher class.
5.11 Salary on Appointment From a Layoff List. In the event of the appointment
of a laid off employee' from the layoff list to the class from which the employee
was laid off, the employee shall be appointed at the step which the employee had
formerly attained in the higher class unless such step results in an increase of
less than five (5) percent, in which case the salary shall be adjusted to the
step in the new range which is five (5) percent greater than the next higher
step, if the new range permits such adjustment.
5.12 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.14, shall have his/her salary reduced to the monthly
salary step in the range for the class of position to which he has been demoted
next lower than the salary received before demotion. In the event this decrease
is less than five percent (5%) , the employee's salary shall be adjusted to the
step in the new range which is five percent (5%) less than the next lower step;
provided however, that the next step shall not be less than the minimum salary
for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of
the demoted employee shall be that step on the salary range which he/she would
have achieved had he/she been continuously in the position to which he/she has
been demoted, all within-range increments having been granted.
5.13 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary schedule lower than that of the class
from which he or she demotes, his or her salary shall remain the same if the
steps in his or her new (demoted) salary range permit, and if not, 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 old class, the employee shall be placed at the step
of the new range which is next above the salary rate received in the old range;
or if the new range does not contain a higher step, the employee shall be placed
at the step which is next lower than the salary received in the old range.
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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 5% increase
in the employee's base salary.
However, if the deep class transfer occurs to or from a deep class with spe-
cified 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 transferring to another class or to
a level in a deep class for which the salary is at least 5% above the top base
step of the deep class level or class in which they have status currently.
5.15 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which
the compensation is greater than that to which the employee is regularly
assigned, the employee shall receive compensation for such work at the rate of
pay established for the higher classification pursuant to Subsection 5.10 Salary
on -Promotion of the Memorandum. Effective with the ratification of this MOU,
pay for work in a higher classification will commence 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 h.is/her permanent position shall continue.
8. 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 differentials and/or work location differen-
tials will be paid on the basis of the rate of pay for the higher class.
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5.16 Payment. On the tenth (10th) day of each month, the Auditor will draw a
warrant upon the Treasurer in favor of each employee for the amount of salary
due the employee for the preceding month; provided, however, that each employee
(except those paid on an hourly rate) may choose to receive an advance on the
employee's monthly salary, in which case the Auditor shall , on the twenty-fifth
(25th) day of each month, draw his/her warrant upon the Treasurer in favor of
such employee.
The advance shall be in an amount equal to one-third (1/3) or less, at the
employees 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.
The election to receive an advance shall be made on or before April 30 or
October 31 of each year or during the first month of employment by filing on
forms prepared by the Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.15 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.
5.11 Pavy Warrant Errors. If an employee receives a pay warrant which has an
error in the amount of ,compensation to be received and if this error occurred as
a result of a mistake by the Auditor-Controller's Department, it is the policy
of the Auditor-Controller's Department that the error will be corrected and a
new warrant issued within 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 six month period imme-
diately 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 under-
payments are excluded from this section for both parties.
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-hour days; however,
where operational requirements of a department require deviations from the usual
pattern of five eight-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, including the complete opera-
tional cycle contemplated.
12
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 assignment), it will meet and
confer with the Union prior to implementing said new shift.
SECTION 7 ---OVERTIME & 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 hours per day or forty hours per week. All over-
time 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 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 provision of this accumulation are set forth in Section 12.5 of this
Memorandum of Understanding. Regular overtime for 24-hour institutional
employees may be accrued as compensatory time in accordance with Section 7.2 of
this Memorandum of Understanding.
7.2 Compensatory Time. The following provisions shall apply:
A. Employees may periodically elect to accrue compensatory time off in lieu of
overtime pay. Employees shall make a choice, which will remain in effect
for a period of one fiscal year July 1 - June 30. Eligible employees must
notify their Department Head or his/her designee of their intention to
accrue compensatory time off at least seven (7) calendar days prior to July
1 of each year.
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, after the
list has been compiled, will be paid for authorized overtime hours worked
until the preparation of the next annual list, unless such employees speci-
fically rquest in writing to the Department Head or his designee that they
be placed on the list currently in effect.
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. Once a one-hundred twenty (120) hour balance
13
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.
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 compen-
satory time off in any fiscal year period (July 1 - June 30).
G. The use of accrued compensatory time off shall be by mutual agreement bet-
ween the Department Head or his designee and the employee. Compensatory
time off shall not be taken when the employee should be replaced by another
employee who would be eligible to receive, for time worked, either overtime
payment or compensatory time accruals as provided for in this Section.
This provision may be waived at the discretion 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 department, 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 whe-
never:
he-
never:
1. the employee changes status and is no longer eligible for compensatory
time off;
2. the employee promotes , demotes or transfers to another department;
3. the employee separates from County service;
4. the employee retires.
K. The Office of the County Auditor-Controller will establish timekeeping pro-
cedures 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. It it is determined by the County that certain working con-
14
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
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.
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 appointing
authority shall designate which employees are on-call unless otherwise provided
in the supplemental sections of this Agreement.
SECTION 10 - SHIFT DIFFERENTIAL
In the hours which qualify for shift differential , employees shall receive five
percent (5%) 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 preceding the commen-
cement 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 differential that would have been
received had the employee worked the shift for which the employee was
scheduled during such period. Shift differential shall only be paid
during paid sick leave and paid disability as provided above for the first
thirty (30) calendar days of each absence.
15
SECTION 11 - SEPARATION THROUGH LAYOFF
11 .1 Grounds . - for -La off. Any employee(s) having permanent . status in
positions in the merit service may be laid off when the position is no longer
necessary, or for reasons of economy, lack of work, lack of funds or for such
other reason(s) as the Board of Supervisors deems sufficient for abolishing the
position(s).
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 a 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.
11 .4 Particular Rules on Displacing.
A. Permanent-intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type respec-
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 'a,,off 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
16
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 as provided in Section 305.2 of the County's Personnel
Management Regulations shall carry the seniority accrued in the former class
into the new class. Employees reallocated to a new deep class upon its ini-
tiation or otherwise reallocated to a deep class because the duties of the posi-
tion occupied are appropriately described in the deep class shall carry into the
deep class the seniority accrued or carried forward in the former class and
seniority accrued in other classes which have been included in the deep class.
Service for layoff and displacement purposes includes only the employee's last
continuous permanent County employment. Periods of separation may not be
bridged to extend such service unless the separation is a result of layoff in
which case bridging will be authorized if the employee is reemployed in a per-
manent 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 par-
ticular class in question, such ties shall be broken by length of last con-
tinuous 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 Eligibility 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 laid 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
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 and Reemployment Rights. The name of any person laid
off or granted reemployment privileges after application shall continue on the
appropriate 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 Certification of Persons From Layoff Lists. Layoff lists contain the
name(s) of 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
17
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 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 Reemployment and Layoff Lists. The Director of
Personnel may remove the name of any eligible from a reemployment or 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 appoint-
ment 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 certification
mailed to the person' s last known address. Notice shall be sent to the per-
son affected.
11 .11 Council Notification. When it appears to the Department Head and/or
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 Council , the Employee Relations Officer shall notify the Council of the
possibility of such layoffs and shall meet and confer with it regarding the
implementation of the action.
The County agrees to give employees ten (10) work days (eight (8) work days for
employees on the "4-10" workweek) notice of layoff except in cases of emergency.
18
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 full time employee shall accrue two (2) hours of personal holi-
day credit per month., Such personal holiday time may be taken in
increments of one-half (1/2) hour, and preference of personal holidays
shall be given to employees according to their seniority in their
department as reasonably as possible. No employee may accrue more
than forty (40) hours of personal holiday credit 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-day Monday through Friday work schedule shall be
entitled to a holiday whenever a holiday is observed pursuant to the sche-
dule 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 com-
pensatory time credit and unless otherwise provided for in other Sections of
this Agreement.
D, If any holiday listed in Section 12.1 .A, above, 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 positions assigned to units or services on a shift
operational cycle which includes a Saturday or Sunday as designated by the
appointing authority (rather than Monday through Friday 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.
19
12.3 Permanent Part-Time Employees 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 - Holidays.
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 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 one (1 ) hour.
12.6 Accrual -of Holiday Time & Credit. Employees entitled to holiday credit
shall be permitted to elect between pay or compensatory time off in recognition
of holidays worked.
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 holiday
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 288 hours, holiday time shall be paid at the rates specified above.
20
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 5.7 of this Memorandum of
Understanding. Vacation credits may not be taken during the first 6 calendar
months of employment (not necessarily synonymous with probationary status)
except where sick leave is exhausted; and none shall be allowed in excess of
actual accrual at the time vacation is taken. Vacation may be taken in incre-
ments of 1/2 hour.
13.2 Vacation Accrual Rates . Effective March 1 , 1990 the rates at which vaca-
tion credits accrue and the maximum accumulation thereof are as follows :
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
Employees in permanent part-time and permanent-intermittent positions shall
accrue vacation benefits on a pro-rata basis as provided in Section 36-1.006 of
Board Resolution 81/1165.
13.3 Employees who are rehired and have their service bridged in accordance
with the provisions of this Memorandum of Understanding shall have their prior
service time count toward longevity accrual .
13.4 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.
21
13.5 Vacation Allowance for Separated Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the
employee's then current pay rate.
13.6 Preference of vacation shall be given to employees according to their
seniority in their department as reasonably as possible unless otherwise pro-
vided in the supplemental sections of this Agreement.
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 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:
A. An employee may use paid sick leave credits when the employee is off
work because of a temporary illness or injury.
B. Sick leave may be used by permanently disabled employees until all
accruals of the employee have been exhausted or until the employee is
retired by the Retirement Board subject to the conditions listed below.
For the purposes of this Section 14 permanent disability shall mean the
employee suffers from a disabling physical injury or illness and is
thereby prevented from engaging in any County occupation for which he or
she is qualified by reason of education, training or experience. Sick
leave credits may be used under this provision only when the following
requirements are met:
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
22
review medical evidence and order further examination as he deems
necessary, and may terminate use of sick leave when such further
exa-mination demonstrates that the employee is not disabled, or when
the appointing authority determines that the medical evidence sub-
mitted by the employee is insufficient, or where the above con-
ditions 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 com-
municable disease.
D. Sick Leave Utilization for Pregnancy Disability. Every female employee
shall be entitled 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 terminate.
The appointing authority retains the right to medical review of all
requests for such leave.
2. If a female employee does not apply for sick leave and the
appointing authority believes that the employee is not able to pro-
perly perform her work or that her general health is impaired due to
disability caused or contributed to by pregnancy, miscarriage, abor-
tion, childbirth or recovery therefrom, the employee shall be
required to undergo a physicial examination by a physician selected
by the County, the cost of such examination shall be borne by the
County. Should the medical report so recommend, a mandatory leave
shall be imposed upon the employee for the duration of the disabi-
lity.
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 hospi-
tal unless the employee has provided the County with a written sta-
tement from her attending physician stating that her disability con-
tinues and the projected date of the employee' s recov-ery from such
disability.
E. Medical - and Dpntal Appointments. An employee may use paid sick leave
credits for medical and dental appointments as fullows :
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
23
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 accumu-
lated sick leave credits; it is not an additional allotment of sick
leave which employees may charge.
F. Emergency Care -of Family. An employee may use paid sick leave for
working time used in cases of illness, or injury to, an immediate family
member living in the employee' s home or for children and parents who may
reside outside of the employee' s home.
G. Death of Family Member. An employee may use said sick leave credits for
absence from work because of a death in the employee's immediate family,
but this shall ;not exceed three (3) working days plus up to two (2) days
of work time for necessary travel .
14.3 Administration of Sick Leave.
A. Accumulated pa i d 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.
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 30 minutes thereafter if possible.
Notification shall include the reason and possible duration of the
absence. For purposes of this subsection "A" employees of depart-
ments which publish other notification policies shall be subject
to those ..policies.
2. Employees are responsible for keeping their:-de.partment 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 scheduled 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
24
ascertain the propriety of claims against sick leave, department heads may make
such investigations as they deem necessary.
14.4 Disability.
A. An employee physically or mentally incapacitated for the performance
of duty is subject to dismissal , suspension or demotion, subject to
the County Employees Retirement Law of 1931. An appointing authority
after giving notice may place an employee on leave if the appointing
authority has filed an application for disability retirement for the
employee, or whom the appointing authority believes to be temporarily
or permanently physically or mentally incapacitated for the perfor-
mance of the employees duties.
B. An appointing authority who has reasonable cause to believe that there
are physical or mental health conditions present in an employee which
endanger the health or safety of the employee, other employees, or the
public, or which impair the employee's performance of duty, may order
the employee to undergo at County expense and on the employees paid
time a physical , medical and/or psychiatric examination 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.
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;
25
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.
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 endanger the health or
safety of the employee, other employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be
transmitted by the Director of Personnel to the Merit Board for
hearing under the Merit Board' s Procedures, Section 1114-1128 inclu-
26
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.
Scope of-the -Arbitrator' s Review.
a. The arbitrator may affirm, modify or revoke the leave of absence
or suspension.
b. The arbitrator may make his decision based only on evidence 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.
14.5 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
during any priod 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' Compensatin
Law set forth in Division 4 of the California Labor Code. When any
disability becomes permanent, the salary provided in this Section
27
shall terminate. The employee shall return to the County all tem-
porary disability payments received from any County funded wage repla-
cement program. No charge shall be made against sick leave or vaca-
tion 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 County Personnel Department, Safety Division.
Whenever an employee who has been injured on the job and has returned
to work is required by an attending physician to leave work for 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 beyond 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' compen-
sation benefits. If salary integration is no longer available,
workers' compensation benefits will be paid directly to the employee
as prescribed by workers' compensation laws.
E. Rehabilitation Integration. An injured employee who is eligible for
workers' compensation rehabilitation temporary disability benefits and
whose disability is medically permanent and stationary will continue
to receive full salary by integrating sick leave and/or vacation
accruals with workers' compensation rehabilitation temporary disabi-
lity 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' compen-
sation benefits.
G. Method of Integration:
An employee' s sick leave and/or vacation charges shall be calculated
as follows:
C = 8 [l - (W S)]
28
Where C = sick leave or vacation charge per day (in .hours)
W = statutory workers' compensation for a month
S = monthly salary
14.6 Definition of Immediate Family. For the purposes of this Section 14, the
immediate family shall be restricted to the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister, grand-
parent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law or sister-in-law, of an employee.
14.7 It is understood that the benefits specified above in this Section 14
shall be coordinated with the rehabilitation program as determined by the labor-
management committee.
14.8 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.
14.9 Disability Insurance Review 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.
14.10 Sick -Leave Coalition. The County agrees to meet and confer with a coali-
tion of employee organizations, including this council , to revise the County-
wide Sick Leave Policy. Such meet and confer sessions shall take place during
the term of this memorandum of understanding.
SECTION 15 - LEAVE OF ABSENCE
15.1 Leave Without Pay. Any employee who has permanent status in the
classified service may be granted a leave of absence without pay upon written
request, approved by the appointing authority; provided, however, that leaves
for pregnancy 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 14.2.D. , 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
compensatory time off entitlements during the 18 week parental leave; however,
use of 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 14.8) . Parental leave
must be requested at least 30 days perior to the scheduled leave commencement
date unless an exigency arises.
29
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 leave;
4. to take a course of study such as will increase his/her usefulness
on return to his/her position;
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. 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 23 of this Memorandum of
Understanding.
15.2 Military 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
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
30
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.
15.3 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 that classification and department.
In case of severance from service by reason of the reinstatement of a permanent
employee, the provisions of Section 11 - Layoff and Seniority) shall apply.
15.4 Salary Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a County position on any anniversary date and who has
not been absent from the position on leave without pay more than six (6) months
during the preceding year shall be reviewed on the anniversary date. Employees
on military leave shall receive salary increments that may accrue to them during
the period of military leave.
15.5 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.
SECTION 16 — JURY DUTY AND WITNESS DUTY
16.1 Jury Duty. 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 regular 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 emplcyee is called for jury duty and elects to retaih—61 1, fees, the
employee must 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.
31
Permanent intermittent employees are entitled paid jury duty leave only for
those days on which they were previously scheduled to work.
16.2 Witness -Duty. Employees called upon as a witness or an expert witness in
a case arising in the course of their work or the work of another department may
remain in their regular pay status and turn over to the County all fees and
expenses paid to them ' other than mileage allowance or they may take vacation
ay and leave or leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters
(e.g. , accident suits and family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to
jury duty as set forth in Section 16 of this Memorandum of Understanding.
Employees shall advise their department as soon as possible if scheduled to
appear for witness duty. Permanent intermittent employees are entitled to paid
witness duty only for those days on which they were previously scheduled to
work.
SECTION 17-- -HEALTH AND WELFARE, LIFE AND DENTAL CARE
17.1 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,
1st 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 February 28,
1990.
17.2 Health -Plan - Options & Rates. Effective March 1 , 1990 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 124.63 108.23 16.40
Safeguard 117.46 108.04 9.42
Family (Nu Medicare)
No Dental 246.65 216.82 $ 29.83
Delta 286.94 227.14 59.80
Safeguard 268.67 224.48 44.19
32
CONTRA COSTA HEALTH PLAN OPTION
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $103.45 $103.44 $ .01
Delta 121 .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 2/28/90
Category Total Cost County Share Employee 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
IST CHOICE HEALTH PLAN OPTION
Category Total Cost County 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
33
DENTAL PLANS ONLY
Category Total Cost County Share Employee Share
Employee Only
Delta $ 19.04 $ 19.03 $ .01
Safeguard 11 .87 11 .86 .01
Family
Delta 41 .52 41 .51 .01
Safeguard 23.25 23.24 .01
The employee will pay a minimum of one cent ($.O1 ) for any Health Plan or Dental
Care Coverage.
17.3 Increased Costs. All rates shown above include life insurance coverage.
The rates listed above. are effective March 1 , 1990 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.
17.4 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
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.
17.5 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. If 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.
34
17.6 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 is only covered through the month
in which he is credited with compensation but may convert to individual health
plan coverage, if available, or may continue County Group health plan coverage
to the extend provided under COBRA by making premium payments to the County at a
time and place specified by the County.
17.7 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.
17.8 Dual -Coverage. 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.
SECTION 18 —PROBATIONARY PERIOD
18.1 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.
18.2 When the probationary period for a class is changed, only new appointees
to positions in the classification shall be subject to the revised probationary
period.
18.3 The probationary period shall date from the time of appointment to a per-
manent position after certification from an eligible list. It shall not include
time served under provisional appointment or under appointment to limited term
positions or any period of continuous leave of absence without pay or period of
work connected disability exceeding fifteen (15) calendar days.
For those employees appointed to permanent-intermittent positions with a six (6)
months probation period, probation will be considered completed upon serving
35
one-thousand (1 ,000) hours after appointment except that in no instance will
this period be less than six (6) calendar months from the beginning of
probation. If a permanent-intermittent probationary employee is reassigned to
full-time, credit toward probation completion in the full-time position shall be
prorated on the basis of one hundred seventy-three (173) hours per month.
18.4 Rejection During .,Probation. An employee who is rejected during the proba-
tion period and restored to the eligible list shall begin a new probationary
period if subsequentlycertified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this
section, an employee (probationer) shall have the right to appeal from
any rejection during the probationary period based on political or
religious affiliations or opinions, Council 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 the 7th
calendar day after the date of delivery to the employee of notice of
rejection.
C. The Merit Board shall consider the appeal , and if it finds probable
cause to believe that the rejection may have been based on grounds
prohibited in Subsection (A) , it may refer the matter to a Hearing
Officer for hearing, recommended findings of fact, conclusions of law
and decision, pursuant to the relevant provisions of the Merit Board
rules in which proceedings the rejected probationer has the burden of
proof.
D. If the Merit' Board finds no probable cause for a hearing, it shall
deny the appeal . If, after hearing, the Merit Board upholds the
appeal , it shall direct that the appellant be reinstated in the posi-
tion and the appellant shall begin a new probationary period unles.s
the Merit Board specifically reinstates the former period.
18.5 Regular Appointment. The regular appointment of a probationary employee
shall begin on the day following the end of the probationary period, subject to
the condition that the Director of 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, wit�luut notice and without right of appeal or
hearing except as provided in Section 18.4.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. 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.
36
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.
18.6 Layoff During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to
complete only the balance of the required probation.
If reemployed in another department or in another classification, the employee
shall serve a full probationary period. An employee appointed to a permanent
position from a layoff or reemployment list is subject to a probation period if
the position is in a department other than the department from which the
employee separated, displaced, or voluntarily demoted in lieu of layoff. An
appointment from a layoff or reemployment list is not subject to a probation
period if the position is in the department from which the employee separated,
displaced or voluntarily demoted in lieu of layoff.
18.7 Rejection During Probation of La off Em to ee. An employee who has
achieved permanent status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the probation period
shall be automatically restored to the layoff list, unless discharged for cause,
if the person is within the period of layoff eligibility. The employee shall
begin a new probation period of subsequently certified and appointed in a dif-
ferent department or classification than that from which the employee was laid
off.
SECTION 19 .- PROMOTION
19.1 Competitive Exam. Promoti-n shall be by competitive examination unless
otherwise provided in this Memorandum of Understanding.
19.2 Promotion Policy. The Director of Personnel , upon request of an
appointing authority, shall determine whether an examination is to be called on
a promotional basis.
37
19.3 Open Exams. If an examination for one of the classes represented by the
Council 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 Council to discuss the reasons for such
open announcement.
19.4 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 position reclassified at the request of the
appointing authority and under the following conditions :
A. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level
of work.
B. The incumbent of the position must have performed at the higher level for
one (1 ) year.
C. The incumbent must meet the minimum education and experience requirements
for the higher class.
D. The action must have approval of the Personnel Director.
E. The Council approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
19.5 Requirements for Promotional Standing. 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.
19.6 Seniority- 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-
minpd, No employee, however, shall receive more than a total of five percent
(5%) credit for seniority in any promotional examination.
19.7 County employees. who are required as part of the promotional examination
process to take a physical examination shall do so on County time at County
expense.
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SECTION 20-- .TRANSFER
20.1 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 shal 1
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.
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.
20.2 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 therefor. 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.
SECTION 21 -- -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.
21 .1 Resignation -in Good Standing. A resignation giving the appointing
authority written notice at least two (2) weeks in advance of the last date of
service (unless the appointing authority requires a longer period of notice, or
consents to the employee' s terminating on shorter notice) is a resignation in
good standing.
21 .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;
39
B. Five (5) more consecutive working days have elapsed without response by the
employee after the' mailing of a notice of resignation by the appointing
authority to the employee at the employee's last known address.
C. Employees working a 4/10 schedule shall have constructively resigned if four
(4) days elapse as provided in "A" above followed by four (4) more days as
provided in "B" above.
21 .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.
21 .4 Revocation. A resignation that is effective is revocable only by written
concurrance of the employee and the appointing authority.
21 .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 Merit Board in favor of the
employee' s appeal rights under the grievance procedure contained in
Section 23 of the Memorandum of Understanding beginning with Step C.
D. Disposition - If a final decision is rendered that determines that the
resignation was coerced, the resignation shall be deemed revoked and
the employee returned to duty effective on the day following the deci-
sion but without loss of seniority or pay, subject to the employee's
duty to mitigate damages.
SECTION-22 - DISMISSAL, SUSPENSION AND DEMOTION
22.1 The appointing authority may dismiss, suspend or demote any employee for
cause. The following are sufficient causes for such action; the list is indica-
tive rather than inclusive of restrictions and dismissal , suspension or demotion
may be based on reasons other than those specifically mentioned:
1 . absence without leave,
40
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 pre-
mises 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 super-
visor or Department Head,
11 . willful violation 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.
22.2 Skelly, Requirements. 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) , or demote an employee, the appointing authority shall cause
to be served personally or by certified mail , on the employee, a Notice of
Proposed Action, which shall contain the following:
A. A statement of the action proposed to be taken.
41
B. A copy of the charges; including the acts or ommissions and grounds upon
which the action is based.
C. If it is claimed that the employee has violated a rule or regulation of the
County, department or district, a copy of said rule shall be included with
the notice.
D. A statement that the employee may review and request copies of materials
upon which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
Employee Response. The employee upon whom a Notice of Proposed Action has been
served shall have seven (7) calendar days to respond to the appointing authority
either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend
in writing the period to respond. If the employee's response is not filed
within seven (7) days or any extension, the rightto respond is lost.
22.3 Leave -Pend_ing Employee Reponse. 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. .
22.4 Suspensions without pay shall not exceed thirty (30) days unless ordered
by an arbitrator, an adjustment board or the Merit Board.
22.5 Procedure on Dismissal , Suspension or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or demote an employee
having permanent status in a position in the merit system, after
having complied with the Skelly requirements where applicable, the
appointing authority shall make an order in writing stating specifi-
cally the causes for the action.
B. Service of-Order. Said order of dismissal , suspension, or demotion
shall be filed 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 -Appeals from Order. The employee may appeal an order of
dismissal , suspension or demotion either to the Merit Board or through
the procedures of Section 23 - Grievance Procedure of this Memorandum
of Understanding provided that such appeal is filed in writing with
the Personnel Director within ten (10) calendar days after service of
said order. An employee may not both appeal to the Merit Board and
file a grievance under Section 23 of this Memorandum of Understanding.
• 42
SECTION-23 ---GRIEVANCE PROCEDURE
23.1 A grievance is any dispute which involves the interpretation or applica-
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 interpre-tation or
application of those provisions not being subject to the grievance procedure.
The Council may represent the employee at any stage of the process. Grievances
must be filed within thirty (30) days of the incident or occurance about which
the employee claims to have a grievance and shall be processed in the following
manner:
A. Step 1 - Any employee or group of employees who believes that a provision of
this Memorandum of Understanding has been misinterpreted or misapplied to
his or her detriment shall discuss the complaint with the employees imme-
diate supervisor, who shall meet with the employee within five (5) days of
receipt of a written request to hold such meeting.
B. Step 2 - If a grievance is not satisfactorily resolved in Step 1 above, the
employee may submit the grievance in writing within ten (10) work days to
such management official as the Department Head may designate. This formal
written grievance shall state which provision of the 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. Step 3 - If a grievance is not satisfactorily resolved in Step 2 above, the
employee may appeal in writing within seven (7) workdays to the Personnel
Director. The Personnel Director or his or her designee shall have twenty
(20) workdays in which to 'investigate the merit of the complaint and to meet
with the Department Head and the employee and attempt to settle the
grievance and respond in writing.
D. Step 4 - No grievance may be processed under this Section which has not
first been filed and investigated in accordance with paragraph C above and
filed within 7 workdays of the written response of the Personnel Director of
his or her designee. If the parties are unable to reach a mutually satis-
factory accord on any grievance which arises and is presented during the
term of this Memorandum of Understanding, such grievance shall be submitted
in writing within seven (7) workdays to an Adjustment Board comprised of
three (3) Council representatives, no more than two (2) of whom shall be.
either an employee of the County or an elected or appointed official of the
Council presenting this grievance, and three (3) representatives of tie
County, no more than two (2) of whom shall be either an employee of the
County or a member of the staff of an organization employed to represent the
County in the meeting and conferring process. The Adjustment Board shall
meet and render a decision within twenty (20) workdays of receipt of the
written request.
43
E. Step 5 - If an Adjustment Board is unable to arrive at a majority decision,
either the employee (or the County, when alleging a violation of Section
23.6 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) workdays of the rendering of the Adjustment Board decision. Within 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 pre-
paration and post hearing briefs, if any.
23.2 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 Council 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 23.1 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 outlined in
Subsection 23.1 .C. above, or the Adjustment Board in pursuance of the
provisions of Subsection 23.1.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.
23.3 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
5 above, the grievance will be deemed to have been settled and withdrawn.
23.4 An official, with whom a formal grievance is filed by a grievant who is
included in a unit represented by the Council , but is not represented by the
Council in the grievance, shall give the Council a copy of the formal presen-
tation.
44
23.5 Compensation -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 conferring 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 six (6)
months from the date upon which the complaint was filed.
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 Council .
23.6 No -Strike. During the term of this Memorandum of Understanding, the
Council , 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
sector employer which has been sanctioned and approved by the labor body or
union having jurisdiction, an employee who is in danger of physical harm shall
not be required to cross the picket line, provided the employee advises his or
her supervisor as soon as possible, and provided further that an employee may be
required to cross a picket line where the performance of his or her duties is of
an emergency nature and/or failure to perform such duties might cause or
aggravate a danger to public health or safety.
23.7 Merit Board.
A. All grievances of employees in representation units represented by the
Council shall be processed under Section 23 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 23.1 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.
23.8 The Council 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.
SECTION 24 --RETIREMENT CONTRIBUT?4N
Pursuant to Government Code Section 31581 .1 , the County will continue to pay
fifty percent (50%) 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
45
Employees' Retirement Association without the County paying any part of the
employees share. The County will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
SECTION-25---TRAINING-REIMBURSEMENT
The County Administrative Bulletin on Training shall govern reimbursement for
training and shall continue to limit reimbursement for career development
training to $200 per semester or $150 per quarter, not to exceed $600 per year,
except as otherwise provided in the supplemental sections of this Memorandum of
Understanding.
SECTION 26 - MILEAGE
26.1 Mileage Reimbursement Rate. Effective March 1 , 1990 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 "gasoline, al•1 types" per gallon as listed in Table 5, "Gasoline Average
Prices per gallon, U.S; City Average and Selected Areas" for the San 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.
SECTION 27 - PERSONNEL FILES
An employee shall have the right to . inspect and review any official record(s)
relating to his or her performance as an employee or to a grievance concerning
the employee which is kept or maintained by. the County in the employee' s person-
nel file in the Personnel Department or in the employees personal history file
in their department. The contents of such records shall be made available to
the employee for inspection and review at reasonable intervals during the regu-
lar business hours of the County.
The County shall provide an opportunity for the employee to respond in writing
to any information which is in -the employee' s personnel file about which he or
46
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.
All documents pertaining to disciplinary actions shall be placed in an official
personnel file maintained by the Personnel Department or in an official person-
nel file maintained by their department. Copies of written reprimands or
memoranda pertaining to an employee's unsatisfactory performance which are to be
placed in the employee's personnel file shall be given to an employee who shall
have the right to respond in writing to said documents. Letters of reprimand
are subject to the grievance procedure but shall not be processed past step 3
unless said letters are used in a subsequent discharge, suspension or demotion
of the employee. Copies of letters of commendation which are to be placed in
the employee's personnel file will be given to the employee.
Employees have the right to review their official personnel files which are
maintained in the Personnel Department or by their department. In a case
involving a grievance or disciplinary action, the employee's designated repre-
sentative may also review his/her personnel file with specific written authori-
zation from the employee.
SECTION-28 --PROFESSIONAL DEVELOPMENT/DUES
Each full-time employee shall be eligible to claim up to $120.00 for each fiscal
year for professional development during the duration of this memorandum of
understanding.
Allowable expenses include the following activities and materials directly
related to the profession in which the individual is engaged as . a County
employee:
1. Membership dues to professional organizations.
2. Registration fees for attendance at professional meetings, conferences, and
seminars.
3. Books, journals, and periodicals.
4. Tuition and textbook reimbursement for accredited college or university
classes.
5. Professional license fees required by the employee' s classification.
6. Application and examination fees for - registration as a professional
engineer, architect; or engineer-in-training.
Exl usi ons
Items specifically not authorized for purchase with these funds include, but are
not necessarily limited to the following:
1 . Health program memberships and physical fitness equipment.
47
2. Equipment or supplies not specifically required for or directly related to
participation in a professional conference, seminar or workshop.
3. General office supplies.
4. Magazine subscriptions, newspapers, periodicals, or journals or general cir-
culation such as Time, Newsweek, Press Democrat Newspaper, etc.
5. Time planners or calendar-type books.
SECTION-29 --FLEX-TIME
It is understood that, Resolution No. 75/1037 pertaining to flex-time may be
applied to the Professional Engineers Unit as well as other County employees.
Nothing contained in this Memorandum of Understanding prohibits the Department
Head from implementing a flex-time system for employees in the Professional
Engineers Unit. The Department Head, prior to implementation, shall discuss the
implementation of any .flex-time system involving employees represented by the
Western Council of Engineers with the Council . Then the department 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, Western Council of Engineers may
request to meet with the Department Head for the purpose of proposing an
alternate flexible work schedule.
SECTION 30 —BOOK REIMBURSEMENT
The County agrees to reimburse members of the Professional Engineers Unit for
the full cost of books purchased when the books are required for job related
training for which the .employee receives full reimbursement of registration fees
and/or tuition.
S€CTION 31 -- -SAFETY SHOES AND PRESCRIPTION SAFETY EYEGLASSES
The County shall reimburse employees for safety shoes and prescription safety
eyeglasses in those classifications the County has determined are eligible for
such reimbursement. The County will reimburse eligible employees for safety
shoes in an amount not to exceed forty dollars ($40.00) in any calendar year.
The County will reimburse eligible employees for up to one pair per year of
prescription safety eyeglasses which are approved by the County and are obtained
from such establishment as required by the County.
SECTION 32 .--SERVICE AWARDS
The County shall continue its present policy with 'res'pect to service awards
including time off; provided, however, that the type of award given shall be at
the sole discretion of the County.
SECTION 33 ---REIMBURSEMENT FOR MEAL EXPENSES
Employees shall be reimbursed for meal expenses under the following
circumstances and in the amount specified:
48
1 . When the employee is required by his/her Department Head to attend a meeting
concerning County business or County affairs.
2. 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.
3. When the employee is required to stay over to attend consecutive or con-
tinuing afternoon and night sessions of a board or commission.
4. When the employee is required to incur expenses as host for official guests
of the County, work as mmembers of examining boards, official visitors, and
speakers or honored guests at banquets or other official functions.
5. When the employee is required to work three or more hours of overtime; in
this case he or she may be reimbursed in accordance with Administrative
Bulletin.
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-34 - -PERSONAL PROPERTY 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 encoun-
tered 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 fulfill the duties and requirements of the job.
7 . The loss or damage to employees eyeglasses, dentures or other prosthetic
devices did not occur simultaneously with ajob connected injury covered by
workers' compensation.
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
49
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 Personal
Property.
S-E-CTION -35- - LENGT+I -OF- SfRVI-CE DEFINITION (for service awards and vacation
accruals)
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including
temporary, provisional , and permanent status, and absences on approved leave of
absence). When an employee separates from a permanent position in good standing
and within two 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
Personnel Director shall determine these matters based on the employee status
records in his department.
SECTION 36 --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 50% of full time. If
the employee works at least 50% of full time, County retirement participation is
also included.
SECTION 37---PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent intermittent employees are eligible for prorated vacation and sick
leave benefits.
SECTION 38 - -PERMANENT-INTERMITTENT EMPLOYEES HEALTH PLAN
A permanent intermittent employee represented by Western Council of Engineers
may participate in the County Group Health Plan of combined 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.
50
SECTION-40-- .REGISTRATION-DIFFERENTIAL
The County agrees to pay a $30 per month salary differential to all incumbents
of Assistant Architectural Engineer positions who possess a valid California
Certificate of Registration as a Civil Engineer, Mechanical Engineer, Electrical
Engineer or Architect.
SECTION-41 ---MALPRACTICE -COVERAGE
The County' s obligation to defend and indemnify i is em.pl oyees is prescribed by
California Government Code Sections 825 et seq. and 995 et seq. This Section
shall be enforceable only at law in accordance with the applicable law, but
shall not be subject to the grievance provisions of this Memorandum of
Understanding.
SECTION 42 ---DEPENDENT-CARE
A. Dependent-Care Information -&Referral Service
On or about March 1 , 1988 the County will administer an "Information &
Referral Service" through the Contra Costa Child Care Council for the dura-
tion of this Memorandum of Understanding.
B. Dependent- Care -Salary Contribution
Effective the first pay period in August .1988, subject to the applicable
provisions of the Internal Revenue Service, employees may contribute up to
$5,000 each calendar year from their salaries for approved dependent care;
only eligible employees may contribute for such expenses; there is no County
contribution for dependent care.
Reimbursements are made on a monthly basis subject to submission of itemized
statements, adequate accumulation of the salary contribution, proof of
payment, and applicable County administrative procedures.
SECTION 43 —SPECIAL STUDIES
A. When the 1st Choice Health Plan Trust Fund reserve balance reaches $535,000
and the trendline is favorable, the County will reopen negotiations to con-
sider the feasibility of adding a Vision Care Program.
If a reo pener does occur, it will not be sooner than six calendar months
following adoption of memoranda of understanding by the Board of
Supervisors.
B. 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 Council prior to any imple-
mentation.
C. As soon as possible, the County intends to implement the provisions of IRS
Section 125 - Medical Insurance Premiums which will allow employees to pay
health care premiums with pre-tax dollars.
51
SECTION 44 --- COMMUNITY DEVELOPMENT-DEPARTMENT PROCEDURES
The County will meet with Council representatives to develop a deep class eva-
luation process for Civil Engineers in the Community Development Department that
will
. provide an evaluation process consistent with the process utilized in the
Public Works Department.
SECTION -45 --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 46 -- -SCOPE-OF-AGREEMENT & SEPARABILITY OF PROVISIONS
46.1 Scope -of -Agreement. Except as otherwise specifically provided herein,
this Memorandum of Understanding fully and completely incorporates the under-
standing 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.
46.2 Separability -of -Provisions. Should any section, clause or provision of
this Memorandum of Understanding be declared illegal , unlawful , or unenfor-
ceable, by final judgment of a court of competent jurisdiction, such invalida-
tion of such section, clause or provision shall not invalidate the remaining
portions hereof, and such remaining portions shall remain in full force and
effect for the duration of this Memorandum of Understanding.
46.3 Personnel -ManacLement Regulations . 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 . Those provisions of the
Personnel Management Regulations within the scope of representation which are
not in conflict with the provisions of this Memorandum of Understanding and
those provisions of the Personnel Management Regulations which are not within
the scope of representation shall be considered in full force and effect.
46.4 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 ter-
mination date of its intention to amend, modify or terminate the Agreement.
52
SECTION 47---UNFAIR-LABOR-PRACTICE
Either the County or the Council 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 48 --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
Council may claim a violation of a past practice. If the Council can
demonstrate that such past practice exists by virtue of having been acknowledged
and agreed to by Management and representatives of the Council or by employees
represented by the Council who reach agreement with a Department Head on a spe-
cific policy covering a group of employees such as a reassignment policy, the
alleged violation of said past practice will be subject to the grievance proce-
dure. 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 considered a past practice pursuant to this provi-
sion.
Date: Z Z O
CONTRA COSTA COUNTY WESTERN COUNCIL OF ENGINEERS
By BY s! I
By . . By
VBy By
By . . . . . By
. G
53
ATTACHMENT A
PROJECT POSITIONS
The Western Council of Engineers 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 Western Council of Engineers. For example, Assistant
Architectural Engineer is represented by Western Council of Engineers, there-
fore, it has been agreed that Assistant Architectural Engineer-Project will also
be represented by Western Council of Engineers.
Other project classes that are not readily identifiable as properly included in
bargaining units represented by Western Council of Engineers shall be assigned
to bargaining units in accordance with the provisions of Section 34-12 of Board
Resolution 81/1165.
The Council 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 Western
Council of Engineers 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 B
CLASS & SALARY LISTING
PROFESSIONAL ENGINEERS UNIT
EFFECTIVE FEBRUARY 11 1990
CLASS LEVEL SALARY RANGE CLASS TITLE
NEWA C5-1782 2698-3280 ASSISTANT ARCHITECTURAL ENGINEER
NEW C5-1782 2698-3280 ASST. ARCHITECTURAL ENGINEER-PROJECT
NEWB C5-1815 2789-3390 ASST. STRUCTURAL ENG.- BLDG. INSP.
NKXA T6-1754 2758-4301 CIVIL ENGINEER
EFFECTIVE APRIL 1 , 1990
CLASS -LEVEL SALARY RANGE CLASS TITLE
NEWA C5-1866 2935-3567 ASSISTANT ARCHITECTURAL ENGINEER
NEW1 C5-1866 2935-3567 ASST. ARCHITECTURAL ENGINEER-PROJECT
NEWB C5_1899 3033-3687 ASST. STRUCTURAL ENG.- BLDG. INSP.
NKXA T6-1838 2999-4678 CIVIL ENGINEER
EFFECTIVE OCTOBER 1, 1990
CLASS -LEVEL SALARY RANGE CLASS TITLE
NEWA C5-1915 3082-3746 ASSISTANT ARCHITECTURAL ENGINEER
NEW1 C5-1915 3082-3746 ASST. ARCHITECTURAL ENGINEER-PROJECT
NEWB C5-1948 3185-3872 ASST. STRUCTURAL ENG.- BLDG. INSP.
NKXA T6-1887 3150-4912 CIVIL ENGINEER
*DEEP CLASS