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Home My WebLink AboutMINUTES - 01221991 - 1.32 BOARD OF SUPERVISORS �3Z FROM: Harry D. Cisterman, Director of Personnel C ttra January 22, 1991 Costa DATE'. C/y V1..II Il��/ SUBJECT: SETTLEMENT AGREEMENTS BETWEEN CONTRA COSTA COUNTY AND CERTAIN EMPLOYEES OF THE HEALTH SERVICES DEPARTMENT. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: Approve Settlement Agreements between Contra Costa County and certain employees of the Health Services Department. BACKGROUND: The two attached Settlement Agreements, exhibits A and B, represent the resolution of grievances between the County and certain employees in the Health Services Department concerning their lack of compensation at the Intermediate (B) level of the Mental Health. Treatment Specialist. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(SI: ACTION OF BOARD ON jams ,r•'y 29 , 99-1 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: Vla Personnel ATTESTED January 22 , 1y91 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY_2 ,DEPUTY M382/7-83 COMPROMISE SETTLEMENT AND RELEASE 1 PARTIES. Effective January 1, 1991 this agreement is made by and between HERBERT DUNGEON, ROSIEZETTA GLOVER, CAROL . LAWRENCE, HORACE MCGILL, WILLIAM THOMPSON, PATRICIA WARDLEY, collectively referred to as CLAIMANTS, and the County of Contra Costa, referred to as COUNTY. 2 . SUBJECT. This agreement is a compromise settlement of all existing and possible differences between the parties concerning CLAIMANTS ' lack of compensation at the Intermediate (B) level of the Mental Health Treatment Specialist Classification. 3 . NO ADMISSION. This agreement is not and shall never be considered as an admission of any liability to CLAIMANTS due to the failure of the County to compensate them at the Intermediate (13) level of the Mental Health Treatment Specialist classification or the admission of any fault, error, or wrongdoing by COUNTY or by any agent, officer, or employee of the COUNTY. 4 . COUNTY AGREES. A. COUNTY agrees to pay each CLAIMANT in full. settlement of all monetary claims against the COUNTY the sum of twelve thousand and five hundred dollars ($12,500) . B. COUNTY agrees effective January 1, 1991, to reallocate CLAIMANTS to the class of Senior Mental Health Worker at salary level C1-1670 ($2933) with no impact on their seniority date. C. l. COUNTY agrees that on January 1, 1992, incumbents of the Senior Mental Health Worker class who are working towards a Baccalaureate degree and who have completed nine (9) semester units in courses related to their degree requirements (but not including classes which award credit for "life experience" ) at an accredited college or university between January 1, 1991 and December 31, 1991, will receive a 5% salary differential. C. 2 . COUNTY agrees that on January 1, 1992 , incumbents of the Senior Mental Health Worker class who are not working toward a Baccalaureate degree, but who have completed nine (9) semester units in work related courses approved in advance and in writing by Mental Health Administration at an accredited college or university between January 1, 1991 and December 31, 1991, will receive a 5% salary differential . EXHIBIT B 2 C. 3 . COUNTY agrees that on January 1, 1993, incumbents of the Senior Mental Health Worker class who are working towards a Baccalaureate degree and who have completed nine (9) semester units in courses related to their degree requirements (but not including classes which award credit for "life experience" ) at an accredited college or university between January 1, 1992 and December 31, 1992 will receive a 5% salary differential . C. 4 . COUNTY agrees that on January -1, 1993, incumbents of the Senior Mental Health Worker class who are not working toward a Baccalaureate degree, but who have completed nine (9) semester units in work related courses approved in advance and in writing by Mental. Health Administration at 'an accredited college or university between January 1, 1992 and December 31, 1992, will receive a 5% salary differential . The above-mentioned 5% salary differentials are calculated as 5% of an employee's monthly base salary and then added to that employee's monthly pay. D. COUNTY agrees that during the period of January 1, 1991 to January 1, 1993, any incumbent of the Senior Mental Health Worker class who obtains a Baccalaureate degree will be reallocated to Mental Health Treatment Specialist B level or replacement classes . In the event that the Mental Health Treatment Specialist deep class is disbanded prior to January 1, 1993, the Baccalaureate degree unlicensed and Master's degree unlicensed replacement classes for Mental Health Treatment Specialist B level will contain substitution patterns for the required academic major and for the Master's degree, respectively, so that Senior Mental Health Worker incumbents subsequently reallocated to Mental Health Treatment Specialist B level or replacement classes will continue to have the maximum salary horizon comparable to the top step of Mental Health Treatment Specialist B level . This promise is conditioned upon the execution of a side letter by Local No. 1 to modify the Mental Health Treatment Specialist B level minimum qualifications to allow a substitution of relevant experience with Contra Costa County for the presently-required academic major. If Local No. 1 fails or refuses to execute the requisite side letter, this promise is null and void while the remaining terms of this agreement remain in full force and effect. 3 5 . SENIORITY AND DISPLACEMENT RIGHTS. A. Incumbents of the Mental Health Treatment Specialist deep class will have displacement (bumping) rights to the class of Senior Mental Health Worker based on their relative seniority dates, (i .e. only those Mental Health Treatment Specialists with a seniority date prior to July 23, 1980 shall have bumping rights to the class of Senior Mental Health Worker. B. Senior Mental Health Workers will not have displacement rights to the Mental Health Treatment Specialist deep class. However, if and when the Mental Health Treatment Specialist deep class is disbanded, incumbents of the Senior Mental Health Worker classification shall have displacement (bumping) rights into any of . those classes which are at the same or lower salary range as Senior Mental Health Worker at the time of a layoff and for which they meet the minimum qualifications. One of the two replacement classes for the Mental Health Treatment Specialist B level will require a Baccalaureate degree, but not a license. The minimum qualifications for that class will permit substitution of experience with Contra Costa County as a Mental Health Treatment Specialist or Senior Mental Health Worker for the required Baccalaureate degree. The top step of that classification will be the same as the flat rate for Senior Mental Health Worker. Therefore, Senior Mental Health Workers will have displacement rights into the Baccalaureate degree, unlicensed classification. 6 . RELEASE. CLAIMANTS, on behalf of themselves, their descendants, dependents, heirs, executors, administrators, and assigns, hereby releases and discharges the County of Contra Costa, Mark Finucane, individually and as the Health Services Director, and their officers, employees, agents, successors, descendants, dependents, heirs, executors, administrators, and assigns, from all causes of action, claims, demands, damages, and liabilities of any kind, whether known or unknown, including but not limited to claims under federal, state or local employment discrimination law, claims for violations of civil rights under federal, state, county, or departmental law, regulations, or contract, claims for breach of contract, compensation, libel, slander, or defamation, now existing or hereafter arising from the matters described in Paragraph 2 . Subject, above, or without limitation from any other cause whatsoever prior to the effective date of this settlement agreement. 4 7 . Civil Code Section 1542 Waived. CLAIMANTS agree that this settlement shall act as a release of future claims that may arise from the matters which are its subject whether such claims are currently known, unknown, foreseen, or unforeseen, notwithstanding Section 1542 of the California Civil Code which provides that a "general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release which . if known by him must have materially affected his settlement with the debtor" and shall be in full settlement of every above-described dispute, claim, or cause of action. Dated: COUNTY OF CONTRA COSTA By: HERBERT DUNGEON HORACE MCGILL ROSIEZETTA GLOVER WILLIAM THOMPSON CAROL LAWRENCE PATRICIA WARDLEY I hereby certify that I am the union business agent representing CLAIMANTS, that I have explained the terms of this release to them, that I have advised them to execute this release and that this release was in fact signed by each of them ' as indicated. By: Henry Clarke, General Manager Contra Costa County Employees Assn. Local No. 1 COMPROMISE SETTLEMENT AND RELEASE 1 . PARTIES . Effective January 1, 1991 this agreement is made by and between LINDA BRUSH (CLAIMANT) , and the County of Contra Costa (COUNTY). 2 . SUBJECT. This agreement is a compromise settlement of all existing and possible differences between the parties concerning CLAIMANT' S lack of compensation at the Intermediate (B) level of the Mental Health Treatment Specialist classification. 3 . NO ADMISSION. This agreement is not and shall never be considered as an admission of any liability to CLAIMANT due to the failure of the County to compensate her at the Intermediate (B) level of the Mental Health Treatment Specialist classification or the admission of any fault, error, or wrongdoing by COUNTY or by any agent, officer, or employee of the COUNTY. 4 . COUNTY AGREES. COUNTY agrees to pay CLAIMANT in full settlement of all monetary claims against COUNTY the sum of twelve thousand and five hundred dollars ($12,500) . 5 . RELEASE. CLAIMANT, on behalf of herself, her descendants, dependents, heirs, executors, administrators, and assigns, hereby releases and discharges the County of Contra Costa, Mark Finucane, individually and as the Health Services Director, and their officers, employees, agents, successors, descendants, dependents, heirs, executors, administrators, and assigns, from all causes of action, claims, demands, damages, and liabilities of any kind, whether known or unknown, including but not limited to claims under federal, state or local employment discrimination law, claims for violations of civil rights under federal, state, county, or departmental law, regulations, or contract, claims for breach of contract, compensation, libel, slander, or defamation, now existing or hereafter arising from the matters described in Paragraph 2 . Subject, above, or without limitation from any other cause whatsoever prior to the effective date of this settlement agreement. 6 . Civil Code Section 1542 Waived. CLAIMANT agrees that this settlement shall act as a release of future claims that may arise from the matters which are its subject whether such claims are currently known, unknown, foreseen, or unforeseen, notwithstanding Section 1542 of the California Civil Code which provides that a "general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor" and EXHIBIT - A - 2 - shall be in full settlement of every above-described dispute, claim, or cause of action. Dated: COUNTY OF CONTRA COSTA LINDA BRUSH By: I hereby certify that I am the union business agent representing CLAIMANT, that I have explained the terms of this release to her, that I have advised her to execute this release and that this release was in fact signed by her as indicated. By: Henry Clarke, General Manager Contra Costa County Employees Assn. Local No. 1