HomeMy WebLinkAboutMINUTES - 10201992 - 1.3 (3) I . 3 ®
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 20, 1992 by the following vote:
AYES: Supervisros Powers, Fanden, Torlakson, McPeak
NOES: None
ABSENT: Supervisor Schroder
ABSTAIN: None
SUBJECT:
Approval of Memorandum of Understanding )
with Contra Costa County Appraisers' Assn. ) Resolution No. 92/713
The Contra Costa County Board of Supervisors RESOLVES THAT:
1. On May 12,1992 the Employee Relations Manager submitted a Memorandum of
Understanding dated April 30, 1992, entered into with Contra Costa County
Appraisers' Association for employees represented by the Association.
2. This Board having thoroughly considered said Memorandum of Understanding,
the same is approved.
3. Salaries and Terms and Conditions of Employment, Appraisers' Association.
The Memorandum of Understanding with Contra Costa County Appraisers'
Association is attached hereto, and Section Numbers 1 through 42 inclusive and
Attachments are incorporated herein as if set forth in full and made applicable to the
represented employees.
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 October 1, 1991.
,
Orig. Dept. : Personnel (Contact Eileen Bitten @ 646-4054)
cc: Auditor-Controller
Operating Departments
Appraisers' Association f hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Superviso on t Ieto shown.
ATTESTED: — ^�',Off_ � 7
PHIL BATCHELOR,Clerk of the Board
of Supervisorsand County Administrator
By .Deputy
RESOLUTION NO. 92/713
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MEMORANDUM OF UNDERSTANDING
BETWEEN CONTRA COSTA COUNTY
AND
CONTRA COSTA COUNTY APPRAISERS' ASSOCIATION
EFFECTIVE
OCTOBER 1, 1991 - SEPTEMBER 30, 1993
CONTRA COSTA COUNTY APPRAISERS' ASSOCIATION
TABLE OF CONTENTS
DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION 1 ASSOCIATION RECOGNITION . . . . . . . . . . . . . . . . . . . . 3
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.2 Agency Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.3 Maintenance of Membership . . . . . . . . . . . . . . . . . . . . 5
2.4 Withdrawal of Membership . . . . . . . . . . . . . . . . . . . . . . 5
2.5 Communicating With Employees . . . . . . . . . . . . . . . . 5
2.6 Use of County Buildings . . . . . . . . . . . . . . . . . . . . . . 6
2.7 Advance Notice . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.8 Written Statement for New Employees . . . . . . . . . . . . . . . . 7
2.9 List of Employees With Dues Deductions . . . . . . . . . . . . . 7
2.10 Assignment of Classes to Bargaining Units . . . . . . . . . . . . . 7
SECTION 3 NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . 7
SECTION 4 SHOP STEWARDS & OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings . . . . . . . . . . . . . . . . . . . . . . . 8
4.2 Association Representatives . . . .I . . . . . . . . . . . . . . . . 8
SECTION 5 SALARIES
5.1 General Wage Increases . . . . . . . . . . . . . . . . . . . . . . . 8
5.2 Lump Sum Payment & Pay Equity Study . . . . . . . . . . . . . . 9
5.3 Entrance Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5.4 Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . 10
5.5 Increments Within Range . . . . . . . . . . . . . . . . . . . . . . 10
5.6 Part-Time Compensation . . . . . . . . . . . . . . . . . . . . . 11
5.7 Compensation for Portion of Month . . . . . . . . . . . . . . . . 11
5.8 Position Reclassification . . . . . . . . . . . . . . . . . . . . . . 11
5.9 Salary Reallocation & Salary on Reallocation . . . . . . . . . . . 11
5.10 Salary on Promotion . . . . . . . . . . . . . . . . . . . . . . . . 12
5.11 Salary on Appointment From Layoff List . . . . . . . . . . . . . 12
5.12 Salary on Involuntary Demotion . . . . . . . . . . 13
5.13 Salary on Voluntary Demotion . . . . . . . . . . . . . . . . . . . 13
5.14 Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5.15 Pay for Work in Higher Classification . . . . . . . . . . . . . . . 13
5.16 Payment . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 14
5.17 Pay Warrant Errors . . . . . . . . . . . . . . . . . . . . . . . . . 15
SECTION 6 DAYS & HOURS OF WORK . . . . . . . . . . . . . . . . . . . . 15
SECTION 7 OVERTIME & COMPENSATORY TIME
7.1 Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
7.2 Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . . 16
7.3 FLSA Provisions . . . . . . . . . . . . . . . . . . . . . . . . 17
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SECTION 8 CALL BACK TIME . . . . . . . . . . . . . . . . . . . . . . . . . 18
SECTION 9 ON-CALL DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . 18
SECTION 10 SHIFT DIFFERENTIAL . . . . . . . . . . . . . . . . . . . . . . 18
SECTION 11 SEPARATION THROUGH LAYOFF
11.1 Grounds for Layoff . . . . . . . . . . . . . . . . . . . . . . . . 18
11.2 Order of Layoff . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
11.3 Layoff by Displacement . . . . . . . . . . . . . . . . . . . . 19
11.4 Particular Rules on Displacing . . . . . . . . . . . . . . . . . . 19
11.5 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
11.6 Eligibility for Layoff List . . . . . . . . . . . . . . . . . . 20
11.7 Order of Namds on Layoff . . . . . . . . . . . . . . . . . . . . . 20
11.8 Duration of Layoff & Reemployment Rights . . . . . . . . . . . . 20
11.9 Certification of Persons From Layoff Lists . . . . . . . . . . . . 20
11.10 Removal of Names From Reemployment & Layoff Lists . . . . . . 20
11.11 Association Notification . . . . . . . . . . . . . . . . . . . . . . . 21
SECTION 12 HOLIDAYS
12.1 Holidays Observed . . . . . . . . . . . . . . . . . . . . . . 21
12.2 Application of Holiday Credit . . . . . . . .. . . . . . . . . . . . 22
12.3 Permanent Part-Time Employees . . . . . . . . . . . . . . . 22
12.4 4/10 Shift Holidays . . . . . . . . . . . . . . . . . . . . . . . . . 22
12.5 9/80 Shift Holidays . . . . . . . . . . . . . . . . . . . . . . . . . 22
12.6 Accrual of Holiday Time . . . . . . . . . . . . . . . . . . . . . . 23
SECTION 13 VACATION
13.1 Vacation Allowance . . . . . . . . . . . . . . . . . . . . . . . . . 23
13.2 Vacation Accrual Rates . . . . . . . . . . . . . . . . . . . 24
13.3 Bridged Service Time . . . . . . . . . . . . . . . . . . . . . . . 24
1.3.4 Accrual During Leave Without Pay . . . . . . . . . . . . . . . . 24
13.5 Vacation Allowance for Separated Employees . . . . . . . . . . . 24
13.6 Preference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
SECTION 14 SICK LEAVE
14.1 Purpose of Sick Leave . . . . . . . . . . . . . . . . . . . . . . . 25
14.2 Credits To and Charges Against Sick Leave . . . . . . . . . . . 25
14.3 Policies Governing Use of Paid Sick Leave . . . . . . . . . . . . 25
14.4 Administration of Sick Leave . . . . . . . . . . . . . . . . . . 27
14.5 Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
14.6 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . 30
14.7 Rehabilitation Program . . . . . . . . . . . . . . . . . . . . . 31
14.8 Accrual During Leave Without Pay . . . . . . . . . . . . . . . . 31
14.9 Disability Insurance Review Committee . . . . . . . . . . . . . . 31
SECTION 15 LEAVE OF ABSENCE
15.1 Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . 31
15.2 Furlough Days Without Pay . . . . . . . . . . . . . . . . . . . . 32
15.3 Military Leave . . . . . . . . . . . . . . . . . . . . : . . . . . . . 33
15.4 Leave of Absence Reinstatement . . . . . . . . . . . . . . . . . . 33
15.5 Salary Review While on Leave of Absence . . . . . . . . . . . . 33
15.6 Unauthorized Absence . . . . . . . . . . . . . . . . . . . . . . . 34
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SECTION 16 JURY DUTY AND WITNESS DUTY . . . . . . . . . . . . . . . . . 34
SECTION 17 HEALTH AND WELFARE, LIFE AND DENTAL CARE
17.1 County Programs . . . . . . . . . . . . . . . . . . . . . . . . . . 35
17.2 Rate Information . . . . . . . . . . . . . . . . . . . . . . . . 35
17.3 Medicare Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
17.4 Partial Month . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
17.5 Coverage During Absences . . . . . . . . . . . . . . . . . . 35
17.6 Retirement Coverage . . . . . . . . . . . . . . . . . . . . . . . . 36
17.7 Dual Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . 36
SECTION 18 PROBATIONARY PERIOD
18.1 Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
18.2 Classes With Probation Periods Over Six Months . . . . . . . 36
18.3 Revised Probationary Period . . . . . . . . . . . . . . . . . 36
18.4 Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
18.5 Rejection During Probation . . .. . . . . . . . . . . . . . . . . . 37
18.6 Regular Appointment . . . . . . . . . . . . . . . . . . . . . . . 37
18.7 Layoff During Probation . . . . . . . . . . . . . . . . . . . . . 38
18.8 Rejection During.Probation of Layoff Employee . . . . . . 38
SECTION 19 PROMOTION
19.1 Competitive Exam . . . . . . . . . . . . . . . . 38
19.2 Promotion Policy . . . . . . . . . . . . . . . . * 38
19.3 Open Exam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
19.4 Promotion Via Reclassification Without Examination . . . . . . . 38
19.5 Requirements for Promotional Standing . . . . . . . . . . . . . . 39
19.6 Seniority Credits . . . . . . .. . . . . . . . . . . . . . . . . . . . 39
19.7 Physical Examination . . . . . . . . . . . . . . . . . . . . . . . . 39
SECTION 20 TRANSFER
20.1 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
20.2 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
SECTION 21 RESIGNATIONS
21.1 Resignation in Good Standing . . . . . . . . . . . . . . . . . 40
21.2 Constructive Resignation . . . . . . . . . . . . . . . . . . . . . 40
21.3 Effective Resignation . . . . . . . . . .. . . . . . . . . . . . . . . 41
21.4 Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
21.5 Coerced Resignations . . . . . . . . . . . . . . . . . . . . . . . 41
SECTION 22 DISMISSAL, SUSPENSION, DEMOTION & REDUCTION IN SALARY
22.1 Cause for Disciplinary Action . . . . . . . . . . . . . . . . 41
22.2 Skelly Requirements . . . . . . . . . . . . . . . . . . . . . . . 42
22.3 Employee Response . . . . . . . . . . ". . . . . . . . . . . . . . . 43
22.4 Leave Pending Employee.Response . . . . . . . . . . . . . . . . 43
22.5 Length of Suspension . . . . . . . . . . . . . . . . . . . . . . . 43
22.6 Procedure on Disciplinary Action . . . . . . . . . . . . . . . . . 43
SECTION 23 GRIEVANCE PROCEDURE
23.1 Definition and Procedural Steps . . . . . . . . . . . . . . . . . . 44
23.2 Scope of Adjustment Board and Arbitration Decisions . . . . . . 45
23.3 Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
23.4 Association Notification . . . . . . . . . . . . . . . . . . . . . . 45
23.5 Compensation Complaints . . . . . . . . . . . . . . . . . . . 45
23.6 Strike/Work Stoppage . . . . . . . . . . . . . . . . . . . . . . . 46
23.7 Merit.Board . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
23.8 Filing by Association . . . . . . . . . . . . . . . . . . . . . . . 46
SECTION 24 RETIREMENT CONTRIBUTION . . . . . . . . . . . . . . . . . 46
SECTION 25 TRAINING REIMBURSEMENT . . . . . . . . . . . . . . . . . . . 47
SECTION 26 MILEAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
SECTION 27 PERSONNEL FILES . . . . . . . . . . . . . . . . . . . . . 47
SECTION 28 REIMBURSEMENT FOR MEAL EXPENSES . . . . . . . . . . . . . 48
SECTION 29 FLEX-TIME . . . . . . . . . . . . . . . . . . . . . . . . 48
SECTION 30 PROVISIONAL APPOINTMENT . . . . . . . . . . . . . . . . . . . 49
SECTION 31 UNFAIR LABOR PRACTICE . . . . . . . . . . . . . . . . . . . . 49
SECTION 32 LENGTH OF SERVICE DEFINITION . . . . . . . . . . . . . . . . 49
SECTION 33 PERMANENT PART-TIME EMPLOYEE BENEFITS . . . . . . . . . 50
SECTION 34 PERSONAL PROPERTY REIMBURSEMENT . . . . . . . . . 50
SECTION 35 PERMANENT-INTERMITTENT EMPLOYEE BENEFITS . . . . . . 51
SECTION 36 PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN . . . . 51
SECTION 37 PROVISIONAL EMPLOYEE BENEFITS . . . . . . . . . . . . . . . 51
SECTION 38 EDUCATIONAL INCENTIVE . . . . . . . . . . . . . . . . 51
SECTION 39 SPECIAL STUDIES, ETC. . . . . . . . . . . . . . . . . . . . . . 52
SECTION 40 ADOPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
SECTION 41 SCOPE OF AGREEMENT. & SEPARABIL"ITY OF PROVISIONS
41.1 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . 52
41.2 Separability of Provisions . . . . . . . . . . . . . . . . . . . . . 53
41.3 Personnel Management Regulations . . . . . . . . . . . . . . . . 53
41.4 Duration of Agreement . . . . . . . . . . . . . . . . . . . 53
SECTION 42 PAST PRACTICES & EXISTING MOU'S . . . . . . . . . . . . . 53
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ATTACHMENTS
A SALARIES
B HEALTH & DENTAL SUBVENTION AGREEMENT
B-1 DOUBLE MEDICAL ISSUE
B-2 LONG TERM DISABILITY
B-3 ELIGIBILITY CRITERIA FOR ALL ENROLEES
B-4 STATE DISABILITY INSURANCE
B-5 OPEN ENROLLMENT
B-6 SINGLE MEDICAL/FAMILY DENTAL
B-7 HEALTH & DENTAL PROVIDER CONTINUATION
B-8 SMOKER/NON-SMOKER ISSUE
B-9 SICK LEAVE POLICY
C . 9/80 PLAN LETTER OF UNDERSTANDING
D SALARY ADJUSTMENT SIDE LETTER
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
CONTRA COSTA COUNTY APPRAISERS' ASSOCIATION
This Memorandum of Understanding is entered into pursuant to the authority
contained in Division 34 of the Contra Costa County 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
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
Association is the recognized representative, have freely exchanged information,
opinions and proposals and have endeavored to reach agreement on all matters
relating to the employment conditions and employer-employee relations covering such
employees.
This Memorandum of Understanding shall be presented to the Contra Costa County
Board of Supervisors as the joint recommendations of the undersigned for salary and
employee benefit adjustments for the period commencing October 1, 1991 and ending
September 30, 1993.
DEFINITIONS:
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Association: Contra Costa County Appraisers' Association.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and
that the same descriptive title may be used to designate each position allocated to the
group.
Class Title: The designation given to a class, to each position allocated to the class,
and to the employees allocated to the class.
County: Contra Costa County.
Demotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is lower than the top step of the
class which the employee formerly occupied except as provided for under "Transfer"
or as otherwise provided for in this Memorandum of Understanding, in the Personnel
Management Regulations, or in specific resolutions governing deep classifications.
Director of Personnel: The person designated by the County Administrator to serve
as the Assistant County Administrator-Director of Personnel.
Eligible: Any person whose name is on an employment or reemployment or layoff list
for a given classification.
Employee: A person who is an incumbent of a position or who is on leave of absence
in accordance with provisions of this Memorandum of Understanding and whose
position is held pending his/her return.
Employment List: A list of persons, who have been found qualified for employment
in a specific class.
Layoff List: A list of persons who have occupied positions allocated to a class in the
Merit System and who have been involuntarily separated by layoff or displacement
or have voluntarily demoted in lieu of layoff.
P,
Permanent-Intermittent Position: . Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as needed, paid on
an hourly basis.
Permanent Part-Time Position: Any position which will require the services of an
incumbent for an indefinite period but on a regularly scheduled less than full time
basis.
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Promotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is higher than the top step of the
class which the employee formerly occupied, except as provided for under
"Transfer" or as otherwise provided for in this Memorandum of Understanding, in
the Personnel Management Regulations, or in specific resolutions governing deep
classes.
Position: The assigned duties and responsibilities calling for the regular full time,
part-time or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to another
class at the same range of the salary schedule or to a class which is allocated to
another range that is within five (5) percent of the top step, except as otherwise
provided for in the Personnel Management Regulations, deep class resolutions or
other ordinances.
Reclassification: The act of changing the allocation of.a position by raising it to a
higher class or reducing it to a lower class on the basis of significant changes in the
kind, difficulty or responsibility of duties performed in such position.
Reemployment List: A list of persons, who have occupied positions allocated to any
class in the merit system and, who have voluntarily separated and are qualified for
consideration for reappointment under the Personnel Management Regulations
governing reemployment.
Resignation: The voluntary termination of permanent service with the County from
a position in the merit system.
_ 2 _
Temporary Employment: Any employment in the merit system which will require the
services of an incumbent for a limited period of time, paid on an hourly basis, not
in an allocated position or in permanent status.
Transfer: The change of an employee who has permanent status in a position to
another position in the same class in a different department, or to another position
in a class which is allocated to a range on the salary plan that is within five (5)
percent at top step as the class previously occupied by the employee.
SECTION 1 - ASSOCIATION RECOGNITION
The Association is the formally recognized employee organization for the Property
Appraisers' Unit, and such aorganization has been certified as such pursuant to
Chapter 34-12 of Board Resolution 81/1165.
SECTION 2 - ASSOCIATION 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 Association
has the exclusive privilege of dues deduction for all members in its units.
2.2 Agency Shop.
A. The Association agrees that it has a duty to provide fair and non-
discriminatory representation to all employees in all classes in the units
for which this section is applicable regardless of whether they are
members of the Association.
B. All employees employed in a representation unit on or after the effective
date of this Memorandum of Understanding and continuing until the
termination of the Memorandum of Understanding, shall as a condition
of employment either:
1. Become and remain a member of the Association or;
2. pay to the Association, an agency shop fee in an amount which
does not exceed an amount which may be lawfully collected under
applicable constitutional, statutory, and case law, which under
no circumstances shall exceed the monthly dues, initiation fees
and general assessments made during the duration of this
Memorandum of Understanding. It shall be the sole
responsibility of the Association to determine an agency shop fee
which meets .the above criteria; or
3. do both of the following:
a. Execute a written declaration: that the employee is a
member of a bona fide religion, body or sect which has
historically held a conscientious objection to joining or
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financially supporting any public employee organization as
a condition of employment; and
b, pay a sum equal to the agency shop fee described in
Section 2.2.B.2 to a non-religious, non-labor, charitable
fund chosen by the employee from the following charities:
Family and Children's Trust Fund, Child Abuse Prevention
Council and Battered Women's Alternative.
C. The Association shall provide the County with a copy of the
Association's Hudson Procedure for the determination and protest of its
agency shop fees. The Association shall provide a copy of said Hudson
Procedure to every fee payer covered by this M.O.U. within one month
from the date it is approved and annually thereafter; and as a condition
to any change in the agency shop fee. Failure by fee payor to invoke
the Association's Hudson Procedure within one month after actual notice
of the Hudson Procedure shall be a waiver by the employee of their
right to contest the amount of the agency shop fee.
D. The provisions of Section 2.2.B.2 shall not apply during periods that
an employee is separated from the representation unit but shall be
reinstated upon the return of the employee to the representation unit.
The term separation includes transfer out of the unit, layoff, and leave
of absence with a duration of more than thirty (30) days.
E. Annually, the Association shall file with the Director of Personnel a
financial statement which shall include an accurate balance sheet and
annual income statement. Such report shall be available to employees
in the unit. -Failure to file such a report within sixty (60) days after
the end of its calendar year shall result in the termination of all agency
shop fee deductions without jeopardy to any employee, until said report
is filed.
F. Compliance.
1. An employee employed in or hired into a job class represented by
the Association shall be provided with an "Employee
Authorization for Payroll Deduction" form by the Personnel
.Department.
2. If the form authorizing payroll deduction is not returned within
thirty (30) calendar days after notice of this agency shop fee
provision and the association dues, agency shop fee, initiation
fee or charitable contribution required under Section 2.2.B.3 are
not received - and the employee has not timely invoked the
Association's Hudson Procedure, or if invoked, the employee's
Hudson Procedure rights have been exhausted - the Association
may, in writing, direct that the County withhold the agency shop
fee and the initiation fee from the employee's salary, in which
case the employee's monthly salary shall be reduced by an amount
equal to the agency shop fee and the County shall pay an equal
amount to the Association.
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G. The Association shall indemnify, defend, and save the County harmless
against any and all claims, demands, suits, orders, or judgments, or
other forms of liability that arise out of or by reason of this Association
Security Section, or action taken or not taken by the County under this
Section. This includes, but is not limited to, the County's Attorneys'
fees and costs. The provisions of this subsection shall not be subject
to the grievance procedure.
H. The County Personnel Department shall monthly furnish a list of all new
hires to the Association.
I. In the event that employees in a bargaining unit represented by the
Association vote to rescind Agency Shop, the provisions of Sections 2.3
and 2.4 shall apply to dues-paying members of the Association.
J. This section becomes operative October 1, 1991.-
2.3
991.2.3 Maintenance of Membership. All employees in units represented by the
Association who are currently paying dues to the Association and all employees in
such units who hereafter become members of the Association shall as a condition of
continued employment pay dues to the Association for the duration of this
Memorandum of Understanding and each year thereafter so long as the Association
continues to represent the position to which the employee is assigned, unless the
employee has exercised the option to cease paying dues in accordance with Section
2.4.
2.4 Withdrawal of Membership. By notifying the Auditor-Controller's Department
in writing, between August 1 and August 31, 1993, any employee may withdraw from
Association membership and discontinue paying dues as of the payroll period
commencing September 1, 1993, discontinuance of dues payments to then be reflected
in the October 10, 1993 paycheck. Immediately upon the close of the above-
mentioned thirty (30) day period, the Auditor-Controller shall submit to the
Association a list'of the employees who have rescinded their authorization for dues
deduction.
2.5 Communicating With Employees. The Association shall be allowed to use
designated portions of bulletin boards or display areas in offices in which there are
employees represented by the Association, provided the communications displayed
have to do with official organization business such as times and places of meetings
and further provided that the 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 Association.
Representatives of the Association, not on County time, shall be permitted to place
a supply of employee literature at specific locations in County buildings if arranged
through the Department Head or designated representative; 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.
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The Association shall be allowed access to work locations in which it represents
employees for the following purposes:
a.. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
d. to represent an.employee on a grievance, and/or to contact an Association
officer on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements, including disclosure of which of the above purposes
is the reason for the visit, will be made with the departmental representative in
charge of the work area, and the visit will not interfere with County services.
2.6 Use of County Buildings. The Association shall be allowed the use of areas
normally used for meeting purposes for meetings of County employees during non-
work hours when:
a. Such space is available and its use by the Association is scheduled twenty-
four (24) hours in advance;
b. there is no additional cost to the County;
c. it does not interfere with normal County operations;
d, employees in attendance are not on duty and are not scheduled for duty;
e. the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Association shall maintain proper order at the
meeting, and see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly
prohibited, even though it may be present in the meeting area.
2.7 Advance Notice. The Association shall, except in cases of emergency, have
the right to reasonable notice of any ordinance, rule, resolution or regulation
directly relating to matters within the scope of representation proposed to be
adopted by the Board, or boards and commissions designated by the Board, and to
meet with the body considering the matter.
The listing of an item on a public agenda or the mailing of a copy of a proposal at
least seventy-two (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.
_ 6 .
In cases of emergency when the Board, or boards and commissions designated by the
Board, determines it must act immediately without such notice or meeting, it shall
give notice and opportunity to meet as soon as practical after its action.
2.8 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 Association, that the employee's classification is
represented by the Association and the name of a representative of the Association.
The County will provide the employee with a packet of information which has been
supplied by the Association and approved by the County.
2.9 List of Employees with Dues Deduction. The County shall provide the
Association with a monthly list of employees who are paying dues to the Association.
2.10 Assignment of Classes to Bargaining Units. The County shall assign new
classes in accordance with the following procedure:
a. Initial Determination. When a new class title is established, the Employee
Relations Officer shall review the composition of existing representation units
to determine the appropriateness of including some or all of the employees in
the new Class in one or more existing representation units, and within a
reasonable period of time, shall notify all recognized employee organizations
of his determination.
b. Final Determination. His determination is final unless, within ten days after
notification, a recognized employee organization requests in writing to meet
and confer thereon.
c. Meet and Confer and Other Steps. He shall meet and confer with such
requesting organizations (and with other recognized employee organizations
where appropriate) to seek agreement on this matter within sixty days after
the ten-day period in Subsection B, unless otherwise mutually agreed.
Thereafter, the procedures in cases of agreement and disagreement, arbitra-
tion referral and expenses, and criteria for determination shall conform to
those in Subsections (d) through (i) of Section 34-12.008 of Board Resolution
81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of sex, race, creed, color, national origin,
sexual orientation or Association activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the extent
prohibited by applicable State and Federal law, there shall be no discrimination
because of age. There shall be no discrimination against any 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.
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SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as official representatives of
the Association shall be allowed to attend meetings held by County agencies during
regular working hours on County time as follows:
a. If their attendance is required by the County at a specific meeting;
b. If their attendance is sought by a hearing body or presentation of testimony
or other reasons;
c. If their attendance is required for meetings, scheduled at reasonable times
agreeable to all parties, required for settlement of grievances filed pursuant
to Section 23 (Grievame Procedure) of,this Memorandum;
d. If they are designated as an official representative, in which case they may
utilize a reasonable time at each level of the proceedings to assist an
employee to present a grievance, provided the meetings are scheduled at
reasonable times agreeable to all parties;
e. If they are designated as spokesperson or representative of the Association
and as such make representations or presentations at meetings or hearings
on wages, salaries and working conditions, provided in each case advance
arrangements for time away from the employee's work station or assignment
are made with the appropriate Department Head, and the County agency
calling the meeting is responsible for determining that the attendance of the
particular employee(s) is required.
4.2 Association Representative. Official representatives of the Association shall
be allowed time off on County time for meetings during regular working hours when
formally meeting and conferring in good faith or consulting with the 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 October 1, 1991, each represented classification shall receive
a general wage increase of 30 levels on the County Salary Schedule
(3%)
B. Effective October 1, 1992, each represented classification shall receive
a general wage increase of 30 levels on the County Salary Schedule
(3%) .
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5.2 Lump Sum Payment & Pay Equity Study.
A. Lump Sum Payment
In lieu of a retroactive pay requiring special payroll recomputation
processing back to October 1, 1991, the County will make a lump sum
payment to each employee for the months of October, November and
December 1991; January, February, March and April 1992 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 then be multiplied by 3% to arrive at the
employee's lump sum payment. The payment amount thus computed will
be added to the etnployee's May 10, 1992 paycheck where it.will be listed
separately as a "Lump Sum Payment" and will be subject to normal tax
withholding 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.
B. Pay Equity.
1. Pay Equity recommendations which are approved by the Board of
Supervisors shall be implemented in such fashion that the County
will provide fifty cents in pay equity adjustments for each one
dollar general wage increase authorized for the classifications
represented by the participating employee organization
collectively, provided that the total of pay equity adjustments in
any fiscal year shall not exceed twenty-five percent of the
general payroll increase.
2. The County agrees to commence meet and confer deliberations
with each bargaining unit participating in the pay equity study
not later than 30 days after the last appeal has been resolved.
3. Each participating labor organization will promise not to bring or
support comparable worth or pay equity litigation against Contra
Costa County or any agent, servant, officer, or employee of
Contra Costa County and further promise that in the event
litigation advancing comparable worth or pay equity claims is
brought against the County or any of its agents, servants,
officers, or employees, within five years from the effective date
of this agreement, by any person(s) employed or formerly
employed in a class(s) represented by the participating employee
organization, the employee organization representing such
class(s) shalteach pay up to five thousand dollars ($5000) of the
County's attorney fees and costs; provided that the employee
organization is not named as a co-defendant in such litigation.
_ 9 _
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 (6) months service.
b. Promotions. The anniversary date of a promoted employee is determined as
for a new employee in Subsection 5.5.a. above.
c. Demotions. The anniversary of a demoted employee is the first day of 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.
e. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and not
required to serve a probation period is determined in the same way as the
anniversary date is determined for a new employee who is appointed the same
date, classification and step and who then successfully completes the
required probationary period.
f. Notwithstanding other provisions of this Section 5, the anniversary of an
employee who is appointed to a classified position from 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 transferred; provided,
however, when the appointment or transfer is effective on the employee's
first regularly scheduled work day of that month, his anniversary 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 determine
whether the salary of the employee shall be advanced to the next higher step in the
salary range. Advancement shall be granted on the affirmative recommendation of
the appointing authority, based on satisfactory performance by the employee. The
appointing authority may recommend denial of the increment or denial subject to one
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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
operating 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 earned vacation or authorized sick leave, shall
receive as compensation for services an amount which is in the same ratio to the
established monthly rate as the number of days worked is to the actual working days
in such employee's normal work schedule for the particular month; but if the
employment is intermittent, compensation shall be on an hourly basis.
5.8 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.
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If the reallocation is from one salary range with more steps to a range
with fewer steps or vice versa, the employee shall be compensated at
the step on the new range which is in the same percentage ratio to the
top step of the new range as was the salary received before reallocation
to the top step of the old range, but in no case shall any employee be
compensated at less than the first step of the range to which the class
is allocated.
B. In the event that a classification is reallocated from a salary range with
more steps to a salary range with fewer steps on the salary schedule,
apart from the general salary increase or decrease described in 5.9.A.
above, each incumbent of a position in the reallocated class shall be
placed upon the step of the new range which equals the rate of pay
received before the reallocation. In the event that the steps in the new
.range do not contain the same rates as the old range, each incumbent
shall be placed at the step of the new range which is next above the
salary rate received in the old range, or if the new range does not
contain a higher step, at the step which is next lower than the salary
received in the old range.
C. In the event an employee is in a position which is reallocated to a
different class which is allocated to a salary range the same as, above
or below the salary range of the employee's previous class, the 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
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 5,10.
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.
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
percent (5%) , in which case the salary shall be adjusted to the step in the new range
which is five percent greater than the next higher step, if the new range permits
such adjustment.
- 12 -
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.
Whenever a permanent employee transfers to or from a deep class, as provided in the
appropriate deep class resolutions, the salary of that 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 specified
levels identified for certain positions and their incumbents, the employee's salary in
the new class shall be set in accordance with the section on "salary on promotion" if
the employee is transferring to another class or to a level in a deep class for which
the salary is,at least 5% above the top 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 5.11, Salary on Promotion of this
Memorandum, commencing on the 73rd consecutive hour of the assignment, under the
following conditions:
a. The employee is assigned to a program service or activity established by the
Board of Supervisors which is reflected in an authorized position which has
been classified and assigned to the Salary Schedule.
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b. The nature of the departmental assignment is such that the employee in the
lower classification becomes fully responsible for the duties of the position of
the higher classification.
C. Employee selected for the assignment will normally be expected to meet the
minimum qualifications for the higher classification.
d. Pay for work in a higher classification shall not be utilized as a substitute for
regular promotional procedures provided in this Memorandum.
e. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
f. 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.
g. Any incentives (e.g. , the education incentive) and special differentials
(e.g. , bilingual differential and hazardous duty differential) accruing to the
employee in his/her permanent position shall continue.
h. 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.
i. Allowable overtime pay, shift differentials and/or work location differentials
will be paid on the basis of the rate of pay for the higher class.
5.16 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 option of
the employee, of the employee's basic salary of the previous month except that it
shall not exceed the amount of the previous month's basic salary less all requested
or required deductions.
The election to receive an advance shall be made on or before April 30 or October 31
of each year or during the first month of employment by filing on forms prepared by
the Auditor-Controller a notice of election to receive salary advance.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.16, 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.
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5.17 Pay Warrant Errors. If an employee receives a pay warrant which has an
error in the amount of compensation to be received and if this error occurred as a
result of a mistake by the 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 in employee pay shall be corrected as soon as possible as to current pay
rate but that no recovery of either overpayments or underpayments to an employee
shall be made retroactively except for the two (2) year period immediately preceding
discovery of the pay error. A repayment schedule not to exceed six months will be
mutually agreed to between the employee and the Auditor-Controller or designee.
This provision shall apply regardless of whether the error was made by the
employee, the appointing afithority or designee, the Director of Personnel or
designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued
over or underpayments are excluded from this section for both parties.
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 and encompass the complete
operational cycle contemplated.
The work week for employees in the 4/10 shift is four (4), ten (10) hour working
days during a work week consisting of any seven (7) day period. If the County
wants to eliminate any existing 4/10 shift and substitute a 5/8 shift, or to institute
a 4/10 shift which does not allow for three (3) consecutive days off (excluding
overtime days or a change of shift assignment), it will meet and confer with the
Association prior to implementing said new shift.
It is agreed that a 9/80 work schedule will continue subject to the agreement between
the Assessor's Department and the Appraisers' Association dated March 4, 1992
(attached as addendum) .
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work performed in excess of forty
hours per week or eight hours per day. Overtime for 114-10" shift employees is any
work performed beyond ten hours per day or forty hours per week. All overtime
shall be compensated for at the rate of one and one-half (1-1/2) times the employee's
base rate.of pay (not including shift and other special differentials) .
Overtime for permanent employees is earned and credited in a minimum of one-half
hour increments and is compensated by either pay or compensatory time off.
- 15 -
Employees entitled to overtime credit for holidays in positions which work around the
clock (such as the County hospital, the Sheriff's Office and jails, and the Juvenile
Hall and Boys' Ranch) shall be provided a choice as to whether they shall"be paid at
the overtime rate,or shall receive compensatory time off at the rate of one and one-
half hours compensatory time off for each hour worked. Such compensatory time off,
and the accumulation thereof, shall be in addition to the total vacation accumulation
permitted under the terms of this Memorandum of Understanding. The specific
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 specifically
request 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 sixty
(60) hours. Once a sixty (60) hour balance has been attained, authorized
overtime hours will be paid at the overtime rate. If the employee's balance
falls below sixty (60) hours, the employee shall again accrue compensatory
time off for authorized overtime hours worked until the employee's balance
again reaches sixty (60) hours.
e. Accrued compensatory time off shall be carried over for use in the next fiscal
year; however, as provided in 7.2.D. above, accrued compensatory time off
balances may not exceed sixty (60) hours.
f. Employees may not use more than sixty (60) hours of compensatory time off
in any fiscal year period (July 1 - June 30) without the approval of the
Department Head or designee.
g. The use of accrued compensatory time off shall be by mutual agreement
between the Department Head or his/her designee and the employee.
Compensatory time off shall not be taken when the employee should be
replaced by another employee who would be eligible to receive, for time
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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 7.2.J. below.;'
j. Since employees accrue compensatory time off at the rate of one and one-half
(1-1/2) hours for each hour of authorized overtime worked, accrued
compensatory time balances will be paid off at the straight time rate (two-
thirds 2/3 the overtime rate) for the employee's current salary whenever:
1. the employee changes status and is no longer eligible for 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
procedures to administer this Section.
7.3 Fair Labor Standards Act Provisions. The Fair Labor Standards Act, as
amended, may govern certain terms and conditions of the employment of employees
covered by this Memorandum of Understanding. It is anticipated that compliance
with the Act may require changes in some of the County policies and practices
currently in effect or agreed upon. If it is determined,by the County that certain
working conditions, 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
Association (employee organizations) and will meet and confer with said organization
regarding the implementation of such modifications.
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SECTIONS - CALL BACK TIME
Any employee who is called back to duty shall be paid at the appropriate rate for the
actual time worked plus one (1).hour. Such employee called back shall be paid a
minimum of two (2) hours at the appropriate rate for each call back.
SECTION 9 - ON-CALL DUTY
On-call duty is any time other than time when the employee is actually on duty
during which an employee is not required to be on County premises but stand ready
to immediately report for duty and must arrange so that his/her superior can reach
him/her on ten (10) minutes notice or less. An employee assigned to on-call time
shall be paid one (1) hour of Straight time credit for.each four (4) hours on such on-
call time unless otherwise provided in the supplemental sections of this Agreement.
Where on-call arrangements exist, the Department Head shall designate which
employees are on-call unless otherwise provided in the supplemental sections of this
Agreement.
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 commencement of
a vacation, paid sick leave period, paid disability or other paid leave, will
have shift differential included in computing the pay for their leave. The
paid leave of an employee who is on a rotating shift schedule shall include the
shift 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.
SECTION 11 - SEPARATION THROUGH LAYOFF
11.1 Grounds for Layoff. 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) .
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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
respectively.
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
permanent part-time employees for the purpose of reducing the impact
of a proposed layoff with the written approval of the Director of
Personnel or designee retain their permanent full time employee
seniority rights for layoff purposes only and may, in a later layoff,
displace a full time employee with less seniority as provided in these
rules.
11.5 Seniority. An employee's seniority within a class for layoff and displacement
purposes shall be determined by adding the employee's length of service in the
particular class in question to the employee's length of service in other classes at the
same or higher salary levels as determined by the salary schedule in effect at the
time of layoff. Employees reallocated or transferred without examination from one
class to another class having a salary within five percent 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 initiation, or otherwise reallocated to a deep
class because the duties of the position occupied are appropriately described in the
deep class, shall carry into the deep class the seniority accrued or carried forward
in the former class and seniority accrued in other classes which have been included
in the deep class. Service for layoff and displacement purposes includes only the
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employee's last continuous permanent County employment. Periods of separation may
not be bridged to extend such service unless the separation is a result of layoff, in
which case bridging will be authorized if the employee is reemployed in a permanent
position within the employee's layoff eligibility. Approved leaves of absence, as
provided for in these rules and regulations, shall not constitute a period of
separation. In the event of ties in seniority rights in the particular class in
question, such ties shall be broken by length of last continuous permanent County
employment. If there remain ties in seniority rights, such ties shall be broken by
counting total time in the department in permanent employment. Any remaining ties
shall be broken by random selection among the employees involved.
11.6 Eligibility for Layoff List. Whenever any person who has permanent status
is laid off, has been displaced, has been demoted by displacement or has voluntarily
demoted in lieu of layoff or displacement, 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
displacement, 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 departments, the tie(s)
shall be broken by length of last continuous permanent County employment with
remaining ties broken by random selection among the employees involved.
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 voluntarily demoted
in lieu of layoff. When a request for personnel is received from the appointing
authority of a department, if a layoff list exists for the class, the appointing
authority shall receive and appoint the eligible highest on the layoff list from that
department; or in the case that there is no layoff from that department, the
appointing authority shall receive and appoint the eligible highest on the layoff list.
However, if an eligible so certified is rejected during probation 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;
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b. On evidence that the eligible cannot be located by postal authorities;
C. On receipt of a statement from the appointing authority or eligible that the
eligible declines certification or indicates no further desire for appointment
in the class;
d. If three offers of permanent appointment to the class for which the eligible
list was established have been declined by the eligible;
e. If five certifications for permanent appointment from an open employment list,
including certification to two different departments if the class has permanent
positions in more than one department, have failed to result in selection and
appointment;
S
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 person affected.
11.11 Association 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
Association, the Employee Relations Officer shall notify the Association 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)
workdays (eight (S) work days for employees on the 4/10 workweek) notice of layoff
except in cases of emergency.
SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe the following holidays:
January 1st, known as New Year's Day
Third Monday in January, known as Dr. Martin Luther King Jr. Day
Third Monday in February, known as President's Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day.
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.
Each full time employee shall accrue two (2) hours of personal holiday credit per
month. Such personal holiday time may be taken in increments of one-tenth (1/10)
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,
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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 Application of Holiday Credit. 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 schedule
cited above.
b. Employees on a work schedule other than Monday through Friday shall be
entitled to credit for any holiday, whether worked or not, observed by
employees on the regular schedule.
C. For all employees, if a work day falls on a scheduled holiday; they shall
receive overtime pay or equivalent compensatory time credit (holiday credit)
for working the holiday; or if a holiday falls on the day off of an employee,
the employee shall be given straight time pay or equivalent compensatory time
credit unless otherwise provided for in other Sections of this Agreement.
d. I£ 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 Saturday or Sunday as designated by the appointing
authority (rather than Monday through Friday eight (8) hours per day or a
designated 4/10 or 9/80 schedule) holidays shall be observed on the day on
which the holiday falls regardless if it is a Saturday or Sunday.
12.3 Permanent Part-Time Employees. 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 bear 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 scheduled
holiday, they shall receive overtime pay or equivalent compensatory
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 equivalent
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 scheduled
holiday, they shall receive overtime pay or equivalent compensatory
time credit (holiday credit) for working the holiday for the first eight
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(8) hours worked; or if a holiday falls on the day off of an employee,
the employee shall be given straight time pay or equivalent
compensatory time credit 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. Employees entitled to holiday credit shall be
permitted to elect between pay or compensatory time off in recognition of holidays
worked.
A. Any person who is eligible and who elects to accrue holiday time must
agree to do so for a full fiscal year (July 1 through June 30) , or the
remainder there6f..
B. Employes starting work after a list of those electing to accrue holiday,
time has been submitted to the Auditor and approved, will be paid
overtime unless they specifically requested in writing within seven (7)
calendar days to be placed on the accrual list.
C. Holiday credit 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.
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 permanent position.
Increased accruals begin on the first of the month following the month in which the
employee qualifies. Accrual for portions of a month shall be in minimum amounts of
one (1) hour calculated on the same basis as for partial month compensation pursuant
to Section 5.7 of this Memorandum of Understanding. Vacation credits may not be
taken during the first six 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 increments of 1/10 hours.
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13.2 Vacation Accrual Rates. For employees hired prior to October 1, 1979 the
rates at which vacation credits accrue and the maximum accumulation thereof are as
follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10 2/3 256
12 years 11 1/3 272
13 years 12 288
14 years 12 2/3 304
15 through 19 years 13 1/3 320
20 through 24 years 16 2/3 400
25 through 29 years 20 480
30 years and up 23 1/3 560
For employees hired on or after October 1, 1979, the rates at which vacation credits
accrue, and the maximum accumulation thereof, are as follows:
Monthly Maximum
,Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 10 2/3 256
12 years 11 1/3 272
13 years 12 288
14 years 12 2/3 304
15 through 19 years 13 1/3 320
20 through 24 years 16 2/3 . 400
25 through 29 years 20 480
30 years and up 23 1/3 560
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 No. 81/1165.
13.3 Bridged Service. Employees who are rehired and have their service bridged
in accordance with the provisions of this Memorandum of Understanding shall accrue
vacation in accordance with the accrual formula for employees hired after October
1, 1979. However, prior service time which has been bridged shall count toward
longevity accrual.
13.4 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay or unpaid military leave shall accrue any vacation credit during
the time of such leave, nor shall an employee who is absent without pay accrue
vacation credit during the absence.
13.5 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.
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13.6 Preference. 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 or other departmental policies.
SECTION 14 - SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences from work due to illness or
injury. It is a benefit extended by the County and may be used only as authorized;
it is not paid time off which employees may use for personal activities.
14.2 Credits To and Charges Against Sick Leave. Sick leave credits accrue at the
rate of eight (8) working h6urs credit for each completed month of service, as
prescribed by County Salary Regulations. 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-tenth
hour (6 minute) increments.
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 reemployed in a permanent position
within the period of lay off eligibility.
As of the date of retirement, an employee's accumulated sick leave is converted to
retirement on the basis of one day of retirement service credit for each day of
accumulated sick leave credit.
14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the
primary purpose of paid sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury. The following definitions
apply:
Immediate Family: Includes only the spouse, son, stepson, daughter, stepdaughter,
'father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild,
father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-
in-law, foster children, aunt, uncle, cousin, stepbrother, or stepsister of an
employee and/or includes any other person for whom the employee is the legal
guardian or conservator, or any person who is claimed as a "dependent" for IRS
reporting purposes by the employee.
Employee: Any person employed by Contra Costa County in an allocated position in
the County service.
Paid Sick Leave ,Credits: Sick leave credits provided for by County Salary
Regulations and memoranda of understanding.
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Condition/Reason: With respect to necessary verbal contacts and confirmations
which occur between the department and the employee when sick leave is requested
or verified, a brief statement in non-technical terms from the employee regarding
inability to work due to injury or illness is sufficient.
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. Temporary Illness or Injury of an Employee. Paid sick leave credits
may be used when the employee is off work because of a temporary
illness or injury.
B. Permanent Disability Sick Leave. Permanent disability means the
employee suffer§ from a disabling physical injury or illness and is
thereby prevented from engaging in any County occupation for which
the employee is qualified by reason of education, training or
experience. 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 following
conditions:
1. An application for retirement due to disability has been filed with
the Retirement Board.
2. Satisfactory medical evidence of such disability is received by
the appointing authority within 30 days of the start of use of sick
leave for permanent disability.
3. The appointing authority may review medical evidence and order
further examination as deemed necessary, and may terminate use
of sick leave when such further examination demonstrates that
the employee is not disabled, or when the appointing authority .
determines that the medical evidence submitted by the employee
is insufficient, or where the above conditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits
when under a physician's order to remain secluded due to exposure to
a communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. Employees whose
disability is caused. or contributed to by pregnancy, miscarriage,
abortion, childbirth, or recovery therefrom, shall be allowed to utilize
sick leave credit to the maximum accrued by such employee during the
period of such disability under the conditions set forth below:
1. Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of
disability from the employee's attending physician. The
statement must address itself to the employee's general physical
condition having considered the nature of the work performed by
the employee, and it must indicate the date of the commencement
- 26 -
of the disability as well as the date the physician anticipates the
disability to terminate.
2. If an employee does not apply for leave and the appointing
authority believes that the employee is not able to properly
perform her work or that her general health is impaired due to
disability caused or contributed to by pregnancy, miscarriage,
abortion, childbirth or recovery therefrom the employee shall be
required to undergo a physical examination by a physician
selected by the County. Should the medical report so
recommend, a mandatory leave shall be imposed upon the
employee for the duration of the disability.
3. Sick leav6 may not be utilized after the employee has been
released from the hospital unless the employee has provided the
County with a written statement from her attending physician
stating that her disability continues and the projected dates of
the employee's recovery from such disability.
E. Medical and Dental Appointments. An employee may use paid sick leave
credits: ,
1. For working time used in keeping medical and dental
appointments for the employee's own care; and
2. For working time used by an employee for prescheduled medical
and dental appointments for an immediate family member.
F. Emergency Care of Family. An employee may use paid sick leave credits
for working time used in cases of illness or injury to an immediate family
member.
G. Death of Family Member. An employee may use paid sick leave credits
for working time used because of a death in the employee's immediate
family, but this shall not exceed three working days, plus up to two
days of work time for necessary travel.
H. Accumulated paid sick leave credits may not be used in the following
situations:
1. Vacation. Paid sick leave credits may not be used for an
employee's illness or injury which occurs while he is on vacation
but the County Administrator may authorize it when extenuating
circumstances exist and the appointing authority approves.
2. Not in Pay Status. Paid sick leave credits may not be used when
the employee would otherwise be eligible to use paid sick leave
credits but is not in pay status.
14.4 Administration of Sick Leave. The proper administration of sick leave is a
responsibility of the employee and the department head. The following procedures
apply:
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A. Employee Responsibilities
1. Employees are responsible for notifying their department of an
absence prior to the commencement of their work shift or as soon
thereafter as possible. Notification shall include the reason and
possible duration of the absence.
2. Employees are responsible for keeping their department informed
on a continuing basis of their condition and probable date of
return to work.
3. Employees are responsible for obtaining advance approval from
their supervisor for the scheduled time of pre-arranged personal
or family medical and dental appointment.
4. Employees are encouraged to keep the department advised of (1)
a current telephone number to which sick leave related inquiries
may be directed, and (2) any condition(s) and/or restriction(s)
that may reasonably be imposed regarding specific locations
and/or persons the department may contact to verify the
employee's sick leave.
B. Department Responsibilities. The use of sick leave may properly 'be
denied if these procedures are not followed. Abuse of sick leave on the
part of the employee is cause for disciplinary action.
Departmental approval of sick leave.is a certification of the legitimacy
of the sick leave claim. The department head or designee may make
reasonable inquiries about employee absences. The department may
require medical verification for an absence of three (3) or more working
days. The department may also require medical verification for
absences of less than three (3) working days for probable cause if the
employee had been notified in advance in writing that such verification
was necessary. Inquiries may be made in the following ways:
1. Calling the employee's residence telephone number or other
contact telephone number provided by the employee if telephone
notification was not made in accordance with departmental sick
leave call-in guidelines. These inquiries shall be subject to any
restrictions imposed by the employee under Section 14.4.A.
2. Obtaining the employee's signature on the Absence/Overtime
Record, or on another form established for that purpose, as
employee certification of the legitimacy of the claim.
3. Obtaining the employee's written statement of explanation
regarding the sick leave claim.
4. Requiring the employee to obtain a physician's certificate or
verification of the employee's illness, date(s) the employee was
incapacitated, and the employee's.ability to return to work, as
specified above.
- 28 -
5. In absences of an extended nature, requiring the employee to
obtain from their physician a statement of progress and
anticipated date on which the employee will be able to return to
work, as specified above.
Department heads are responsible for establishing timekeeping
procedures which will insure the submission of a time card covering
each employee absence and for operating their respective offices in
accordance with these policies and with clarifying regulations issued by
the Office of the County Administrator.
To help assure uniform policy application, the Personnel Director or
designated management staff of the County Personnel Department
should be contacted with respect to sick leave determinations about
which the department is in doubt.
14.5 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 1937. An appointing authority,
after giving notice, may place an employee on leave if the appointing
authority has filed an application for disability retirement for the
employee, or whom the appointing authority believes to be temporarily
or permanently physically or mentally incapacitated for the performance
of the employee's duties.
B. An appointing authority who has reasonable cause to believe that there
are physical or mental health conditions present in an employee which
endanger the health or safety of the employee, other employees or the
public, or which impair the employee's performance of duty, may order
the employee to undergo, at County expense and on the 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
prejudice to the employee's right to use sick leave, vacation or any
other benefit to which the employee is entitled other than regular
salary. The 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
examination by a licensed physician, and may consider a report of the
- 29 -
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.
14.6 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 deter-
mining Workers' Compensation benefits.
B. Three (3) consd'cutive 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
hospitalization, or when the disability_exceeds twenty-one (21) days.
A permanent employee shall continue to receive full regular salary
during any period of compensable temporary disability absence.
"Compensable temporary disability absence" for the purpose of this
section, is any absence due to work-connected disability which qualifies
for temporary disability compensation under Workers' Compensation
Law, set forth in Division 4 of the California Labor Code. When any
disability becomes permanent, the salary provided in this Section shall
terminate. The employee shall return to the County all temporary
disability payments received from any County-funded wage replacement
program. No charge shall be made against sick leave or vacation for
these salary payments. Sick leave and vacation rights shall not accrue
for those periods during which salary payments are made.
The maximum period for the described salary continuation for any one
injury or illness shall be one year from the date of temporary disability.
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
continuing pay under the Workers' Compensation Program will be
cleared through the County Administrator's Office, Risk Management
Division.
Whenever an employee who has been injured on the job and has
returned to work is required by an attending physician to leave work
for treatment during working hours, the employee shall be allowed time
off up to three (3) hours for such treatment without loss of pay or
benefits. This provision applies only to injuries that have been
accepted by the County as job connected injuries.
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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'
Compensation benefits. If salary integration is no longer available,
Workers' Compensation benefits will be paid directly to the employee as
prescribed by Workers' Compensation laws.
E. Rehabilitation Integration. An injured employee who is eligible for
Workers' Compensation rehabilitation temporary disability benefits and
whose disability is medically permanent and stationary will continue to
receive full salary by rehabilitation temporary disability benefits until
those accruals are exhausted. Thereafter, the rehabilitation temporary
disability benefits will be paid directly to the employee.
s
F. Health Insurance. The County contribution to the employee's group
insurance plan(s) continues during the continuing pay period-sand
during integration of sick leave or vacation with Workers' Compensation
benefits.
G. Method of Integration. An employee's sick leave and/or vacation
charges shall be calculated as follows:- C = 8 [1 - (W = S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly Salary
14.7 Rehabilitation Program. 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 Accrual During Leave Without Pay. No employee who has been granted a
leave without pay or an unpaid military leave shall accrue any sick leave credits
during the time of such leave, nor shall an employee who is absent without pay
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 recommend
to the Director of Personnel the feasibility of implementing a self-funded and self-
administered disability insurance program.
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.
Employees who file for a leave of absence without pay are not required to first
exhaust vacation accruals.
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
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requested by the employee) parental leave of absence, commencing 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 prior to the
scheduled leave commencement date unless an exigency arises.
Requests for leave without pay shall be made upon forms prescribed by the Director
of Personnel and shall state specifically the reason for the request, the date when
it is desired to begin the leave and the probable date of return.
Leave without pay may be granted for any of the following reasons:
a. Illness or disability;
b. pregnancy; '
c. parental leave;
d. to take a course of study such as will increase his/her usefulness on return
to his/her position;
e. 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 Furlough Days Without Pay. , Subject to the prior written approval of the
appointing authority, employees may elect to take furlough days or hours without
pay (pre-authorized absence without pay), up to a maximum of 15 calendar days for
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!I
f
any one period. Longer pre-authorized absences without pay are considered leaves
of absence without pay. Employees who take furlough time shall have their
compensation for the portion of the month worked computed in accord with Section
5.7 Compensation for Portion of Month of this Memorandum of Understanding. Full
time and part time employees who take furlough time shall have their vacation, sick
leave, floating holiday and any other payroll-computed accruals computed as though
they had worked the furlough time. When computing vacation, sick leave, floating
holiday and other accrual credits for employees taking furlough time, this provision
shall supersede Sections 13.4, 14.2, 14.8 and 15.1 of this Memorandum of
Understanding regarding the computation of vacation, sick leave, floating holiday
and other accrual credits as regards furlough time only. For payroll purposes,
furlough time (absence without pay with prior authorization of the appointing
authority) shall be reported separately from other absences without pay to the
Auditor-Controller. This provision is effective May 1, 1992 and expires September,
30, 1993.
15.3 Military Leave. Any employee in the merit system and who is required to
serve as a member of the State Militia or the United States Army, Navy, Air Force,
Marine Corps, Coast Guard or any division thereof shall be granted a military leave
for the period of such service, plus ninety (90) days. An employee who volunteers
for such service shall be granted a leave of absence if necessary in accordance with
applicable state or federal laws. Upon the termination of such service or upon
honorable discharge, the employee shall be entitled to return to his/her position in
the,classified service provided such still exists and the employee is otherwise
qualified, without any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of. such
absence, suffer any loss of vacation, holiday or sick leave privileges which may be
accrued at the time of such leave, nor shall the employee be prejudiced thereby with
reference to salary adjustments or continuation of employment. For purposes of
determining eligibility for salary adjustments or seniority in case of layoff or
promotional examination, time on military leave shall be considered as time in County
service.
Any employee who has been granted a military leave may, upon return, be required
to furnish such evidence of performance of military service or of honorable discharge
as the Director of Personnel may deem necessary.
15.4 Leave of Absence Reinstatement. Any permanent employee in the merit
system who requests reinstatement to the classification held by the employee in the
same department at the same time the employee was granted a leave of absence, shall
be reinstated to a position in that classification and department.
In case of severance from service by reason of the reinstatement of a permanent
employee, the provisions of Section 11 (Separation through Layoff) shall apply.
15.5 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.
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15.6 Unauthorized Absence. An unauthorized absence from the work site or
failure to report for duty after a leave request has been disapproved, revoked or
cancelled by the appointing authority, or at the expiration of a leave, shall be
without pay. Such absence may also be grounds for disciplinary action.
SECTION 16 - JURY DUTY AND WITNESS DUTY
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 status, 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 juf y 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 received (other than mileage allowance) to the County.
When an employee is called for jury duty and elects to retain all 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.
Permanent-intermittent employees are entitled paid jury duty leave only for those
days on which they were previously scheduled to work.
Witness Duty. Employees called upon as a witness or an expert witness in a case
arising in the course of their work or the work of another department, may remain
in their regular pay status and turn over to the County all fees and expenses paid
to them (other than mileage allowance) or they may take vacation leave or leave
without pay and retain all fees and expenses.
An employee who is served with a subpoena which compels his/her presence as a
witness (except as a party or expert witness) shall be granted a leave of absence
with pay in the amount of the difference between the employee's regular earnings
and any amount he/she receives for such appearance.
Employees subpoenaed to court as witness in a felony criminal case may remain in
their regular pay status, or they may take vacation leave or leave without pay and
retain all fees and expenses 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.
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SECTION 17 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
17.1 County Programs. 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, and 1st Choice Health Plan to all permanent employees regularly
scheduled to work twenty (20) or more hours per week. During the term of this
Memorandum of Understanding, all conditions and agreements regarding health,
dental and related benefits contained in the January 28, 1992 and February 6, 1992
Letters of Agreement (attached) between the County and the Health Care Coalition
shall be in effect.
17.2 Rate Information. The County Benefits Division will make health and dental
plan rate information available upon request to employees and departments. In
addition, the County Benefits Division will publish and distribute to employees and
departments information about rate changes as they occur during the year.
17.3 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 members 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 two enrollees.
17.4 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.
17.5 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.
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An employee who terminates County employment may convert to individual health
plan coverage, if available, or may continue County group health plan coverage to
the extent provided under COBRA by making premium payments to the County at a
time and place specified by the County.
17.6 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.
17.7 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 6f 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 Classes With Probation Periods Over Six Months. Listed below are those
classes represented by the Association which have probation periods in excess of six
(6) months:
Appraiser Aide = One (1) year
Junior Appraiser - One (1) year
Auditor-Appraiser I - One (1) year
18.3 Revised Probationary Period. When the probationary period for a class is
changed, only new appointees to positions in the classification shall be subject to the
revised probationary period.
18.4 Criteria. The probationary period shall date from the time of appointment to
a permanent 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 one (1)
year probation period, probation will be considered completed upon serving two
thousand (2,000) hours after appointment except that in no instance will this period
be less than one-r(1) year from the beginning of probation. If a permanent-
intermittent probationary employee is reassigned to full time, credit .toward
probation completion in the full time position shall be prorated on the basis of one
hundred seventy-three (173) hours per month.
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18.5 Rejection During Probation. An employee who is rejected during the
probation period and restored to the eligible list shall begin a new probationary
period if subsequently certified and appointed.
A. Notwithstanding any other provisions of this section, an employee
(probationer) shall have the right to appeal from any rejection during
the probationary period based on political or religious affiliations or
opinions, Association activities, or race, color, national origin, sex,
age, 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 seventh calendar
day after the date of delivery to the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable
cause to believe that the rejection may have been based on grounds
prohibited in Subsection A, it may refer the matter to a Hearing Officer
for hearing, recommended findings of fact, conclusions of law and
decision, pursuant to the relevant provisions of the Merit Board rules
in which proceedings the rejected probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny
the appeal. If, after hearing, the Merit Board upholds the appeal, it
shall direct that the appellant be reinstated in the position and the
appellant shall begin a new probationary period unless the Merit Board
specifically reinstates the former period.
18.6 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,
without notice and without right of appeal or hearing. 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.
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.
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An employee dismissed for other than disciplinary reasons within six (6) months
after being promoted or transferred from a position in the Merit System to a position
not included in the Merit System shall be restored to a position in the classification
in the department from which the employee was promoted or transferred.
A probationary employee who has been rejected or has resigned during probation
shall not be restored to the eligible list from which the employee was certified unless
the employee receives the affirmative recommendation from the appointing authority
and is certified by the 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.
18.7 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.
18.8 Rejection During Probation of Layoff Employee. 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 if subsequently certified and appointed in a different department or
classification than that from which the employee was laid off.
SECTION 19 - PROMOTION
19.1 Competitive Exam. Promotion 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.
19.3 Open Exam. If an examination for one of the classes represented by the
Association is proposed to be announced on an open only basis, the Director of
Personnel shall give five (5) days prior notice of such proposed announcement and
shall meet at the request of the Association to discuss the reasons for such open
announcement.
19.4 Promotion Via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to
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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 hpproval of the Personnel Director.
e. The Association 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 promotional 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 (700) or more, shall receive, in addition to all other credits, five
one-hundredths of one percent (.05%) for each completed month of service as a
permanent County employee continuously preceding the final date for filing
application for said examination. For purposes of seniority credits, leaves of
absence shall be considered as service. Seniority credits shall be included in the
final percentage score from which the rank on the promotional list is determined. No
employee, however, shall receive more than a total of five percent (5%) credit for
seniority in any promotional examination.
19.7 Physical Examination. County employees who are required as part of the
promotional examination process to take a physical examination shall do so on County
time at County expense.
SECTION 20 - TRANSFER
.... '20.1 Conditions. The following conditions are required in order to qualify for
transfer:
a. The position shall be in the same class, or if in a different class, shall have
been determined by the Director of Personnel to be appropriate for transfer
on the basis.of minimum qualifications and qualifying procedure;
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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 wri-
ting;
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 clash for which appointment is being considered.
20.2 Procedure. Any employee or appointing authority who desires to initiate a
transfer may inform the Director of Personnel in writing of such desire stating the
reasons therefore. The Director of Personnel shall, if he or she considers that the
reasons are adequate and that the transfer will be for the good of the County service
and the parties involved, inform the appointing authority or authorities concerned
and the employee of the proposal and may take the initiative in accomplishing the
transfer.
The County will provide the Association with a list of administrative /personnel
officers of each County department. It is the responsibility of employees to contact
County departments and inform them of their desire to transfer. Employees who
transfer from one department to another shall serve a three month probationary
period.
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 effective
when:
a. An employee has been absent from duty for five (5) consecutive working days
without leave; and
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b. five (5) more consecutive 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.
21.3 Effective Resignation. A resignation is effective when delivered or spoken
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
concurrence 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 havg 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 this 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, DEMOTION & REDUCTION IN SALARY
22.1 Cause for Disciplinary Action. The appointing authority may dismiss,
suspend, demote or reduce in salary, any employee for cause. Reduction in salary
shall neither exceed five percent (5%) of the employee's base salary nor extend for
a period of more than three (3) months. The following are sufficient causes for such
action (the list is indicative rather than inclusive of restrictions and dismissal,
suspension, demotion, or reduction in salary may be based on reasons other than
those specifically mentioned) :
a. absence without leave,
b. conviction of any criminal act involving moral turpitude,
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e
C. conduct tending to bring the merit system into disrepute,
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
g. being at work under the influence of liquor or drugs, carrying onto the pre-
mises liquor or drugs or consuming or using liquor or drugs during work
hours and/or on County premises,
h. neglect of duty,i.e. non-performance of properly assigned responsibilities,
It
i. negligent or willful damage to public property or waste of public supplies or
equipment,
j. violation of any lawful or reasonable regulation or order given by a super-
visor or Department Head,
k. willful violation of any of the provisions of_ the Merit System Ordinance or
Personnel Management Regulations,
1. material and intentional misrepresentation or concealment of any fact in
connection with obtaining employment,
m. misappropriation of County funds or property,
n. unreasonable failure or refusal to undergo any physical, medical and/or
psychiatric exam and/or treatment authorized by this Memorandum of
Understanding,
o. dishonesty or theft,
p. excessive or unexcused absenteeism and/or tardiness.
q. sexual harassment, including but not limited to unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual
nature, when such conduct has the purpose or effect of affecting employment
decisions concerning an individual, or unreasonably interfering with an
individual's work performance, or creating an intimidating and hostile work
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 114-10" 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;
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b. A copy of the charges, including the acts or omissions and grounds upon
which the action is based;
C. If it is claimed that the employee has violated a rule or regulation of the
County, department or district, a copy of said rule shall be included with the
notice;
d. A statement that the employee may review and request copies of materials
upon which the proposed action is based;
e. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
22.3 Employee Response. The employee upon whom a Notice of Proposed Action has
been served shall have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response is not filed within seven
(7) days or during any extension, the right to respond is lost.
22.4 Leave Pending Employee Response. Pending,response to a Notice of Proposed
Action within the first seven (7) days or extension thereof, the appointing
authority, for cause specified in writing, may place the employee on temporary leave
of absence, with pay.
22.5 Length of Suspension. Suspensions without pay shall not exceed thirty (30)
days unless ordered by an arbitrator, an adjustment board or the Merit Board.
22.6 Procedure on Dismissal, Suspension, Reduction in Pay, or Demotion.
A. In any disciplinary action to dismiss, suspend, reduce the pay of or
demote an employee having permanent status in a position in the merit
system, after having complied with the Skelly requirements where
applicable, the appointing authority shall make an order in writing
stating specifically the causes for the action.
B. 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, reduced in pay or
demoted, either personally or by certified mail, to the employee's last
known mailing address. The order shall be effective either upon
personal service or deposit in the U. S. Postal Service.
C. The employee may appeal an order of dismissal, suspension, reduction
in pay 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.
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SECTION 23 - GRIEVANCE PROCEDURE
23.1 Definition and Procedural Steps. A grievance is any dispute which involves
the interpretation or application of any provision of this Memorandum of
Understanding excluding, however, those provisions of this Memorandum of
Understanding which specifically provide that the decision of any County official
shall be final, the interpretation or application of those provisions not being subject
to the grievance procedure. The Association may represent the employee at any
stage of the process. Grievances must be filed within thirty (30) days of the
incident or occurrence about which the employee claims to have a grievance, and
shall be processed in the following manner:
Step 1. Any employee or group of employees who believes that a provision of this
Memorandum of Understandixfg has been misinterpreted or misapplied to his or her
detriment shall discuss the complaint with the employee's immediate supervisor, who
shall meet with the employee within five (5) days of receipt of a written request to
hold such meeting.
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.
Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the employee
may appeal in writing to the Personnel Director. The Personnel Director or his or
her designee shall have thirty-five (35) work days in which to investigate the merit
of the complaint, and to meet with the Department Head and the employee and attempt
to settle the grievance.
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 ten
(10) work days of the written response of the Personnel Director or designee. If the
parties are unable to reach a mutually satisfactory accord on any grievance which
arises and is presented during the term of this Memorandum of Understanding, such
grievance shall be submitted to an Adjustment Board comprised of three (3)
Association representatives, no more than two (2) of whom shall be either an
employee of the County or an elected or appointed official of the Association
presenting this grievance, and three (3) representatives of the County, no more
than two (2) of whom shall be either an employee of the County or a member of the
staff of an organization employed to represent the County in the meeting and
conferring process.
Step 5. If an Adjustment Board is unable to arrive at a majority decision, either the
employee or.the County 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. The fees and expenses of the arbitrator and of the Court
Reporter shall be shared equally by the employee and the County. Each party,
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however, shall bear the costs of its own presentation, including preparation 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 Association which has been cer-
tified 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
written 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
Step 3 above, or the Adjustment Board in pursuance of the provisions
of Step 4 above, resolve a grievance which involves suspension or
discharge, they may agree to payment for lost time or to reinstatement
with or without payment for lost time.
23.3 Time Limits. 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 Association Notification. An official with whom a formal grievance is filed by
a grievant who is included in a unit represented by the Association, but is not
represented by the Association in the grievance, shall give the Association a copy
of the formal presentation.
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
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adjustment shall be retroactive for more than two (2) years 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 Association.
23.6 Strike/Work Stoppage. During the term of this Memorandum of
Understanding, the Association, its members and representatives, agree that it and
they will not engage in, authorize, sanction or support any strike, slowdown,
stoppage of work, sickout 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 council
having jurisdiction, an employee who is in danger of physical harm shall not be
required to cross the picket line, provided the employee advises his or her
supervisor as soon as possible, and provided further that an employee may be
required to cross a picket line where the performance of his or her duties is of an
emergency nature and/or failure to perform such duties might cause or aggravate
a danger to public health or safety.
23.7 Merit Board.
A. All grievances of employees in representation units represented by the
Association 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 Filing by Association. The Association may file a grievance at Step 3 on
behalf of affected employees when action by the County Administrator or the Board
of Supervisors violates a provision of this Memorandum of Understanding.
SECTION 24 - RETIREMENT CONTRIBUTION
Pursuant to Government Code Section 31581.1, the County will continue to pay fifty
percent (500) of the retirement contributions normally required of employees. Such
payments shall continue for the duration of this Memorandum of Understanding, and
shall terminate thereafter. Employees shall be responsible for payment of the
employees' contribution for the retirement cost-of-living program, as determined by
the Board of Retirement of the Contra Costa .County Employees' Retirement
Association, without the County paying any part of the employee's share. The
County will pay the remaining one-half . (1/2) of the retirement cost-of-living
program contribution.
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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.
SECTION 26 - MILEAGE
Effective October 1, 1991 through April 30, 1992 mileage allowance for the use of
personal vehicles on County business shall be paid according to the following per
month formula:
1 - 700 miles { $.28 per mile
701 - plus miles $.20 per mile
The above rates shall be adjusted to reflect an increase or decrease in the cost of
gasoline which shall be determined as provided below on the basis of the average
price for "gasoline, all types" per gallon as listed in Table 5, "Gasoline Average
Prices per gallon, U.S. City Average and Selected Areas" for the San Francisco-
Oakland California area published by the Bureau of Labor Statistics, U.S.
Department of Labor, hereinafter referred to as the "Energy Report".
The above mileage rates shall be increased or decreased by one cent ($.01) for each
fifteen cents ($.15) increase or decrease in the base price for gasoline which shall
be defined as the average price of gasoline per gallon for October 1991, as published
in the Energy Report. Any such rate increase or decrease shall be effective the
first of the month following publication of the index. The above formula rates
include price increases reported since July 1979.
The mileage rate increase or decrease based on the Energy Report shall be
contingent upon the continued availability of the official monthly Energy Report in
its present form and calculated on the same basis unless otherwise agreed upon by
the parties.
Effective May 1, 1992 the mileage allowance for use of personal vehicles on County
business shall be two cents ($.02) per mile above the Internal Revenue Service base
rate which is currently twenty-eight cents ($.28) per mile. The base rate shall be
adjusted to reflect changes in this -rate on the date it becomes effective or the first
of the month following announcement of the changed rate by the Internal Revenue
Service, whichever is later.
SECTION 27 - PERSONNEL FILES
An employee shall have the right to inspect and review any official record(s) relating
to his or her performance as an employee, or to a grievance concerning the employee
which is kept or maintained by the County in the employee's personnel history folder
on file in the;Personnel Department. The contents of such records shall be made
available .to the employee for inspection and review at reasonable intervals during
the regular business hours of the County.
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The County shall provide an opportunity for the employee to respond in writing to
any information which is in the employee's personnel file about which he or she
disagrees. Such response shall become a permanent part of the employee's personnel
record. The employee shall be responsible for providing the written responses to
be included as part of the employee's permanent personnel record.
This section does not apply to the records of an employee relating to the
investigation of a possible criminal offense, medical records and information or letter
of reference.
Employees have the right to review their official personnel files, which are
maintained in the Personnel Department or by their department. In a case involving
a grievance or disciplinary action, the employee's designated representative may also
review his/her personnel file-gwith specific written authorization from the employee.
SECTION 28 - REIMBURSEMENT FOR MEAL EXPENSES
Employees shall be reimbursed for meal expenses under the following circumstances
and in the amount specified:
a. When the employee is required by his/her Department Head to attend a
meeting concerning County business or County affairs;
b. 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;
c. When the employee is required to stay over to attend consecutive or con-
tinuing afternoon and night sessions of a board or commission.
d. When the employee is required to incur expenses as host for official guests
.of the County, work as a member of an examining board, official visitors, and
speakers or honored guests at banquets or other official functions;
e. 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 the Administrative
Bulletin on Expense Reimbursement.
Meal costs will be reimbursed only when eaten away from home or away from the
facility in the case of employees at 24-hour institutions.
Procedures and definitions relative to reimbursement for meal expenses shall be in
accordance with the Administrative Bulletin on Expense Reimbursement.
SECTION 29 - FLEX-TIME
It is understood that Resolution No. 75/1037 pertaining to flex-time may be applied
to the Property Appraisers' 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 Property Appraisers' unit. The
Department Head, prior to implementation, shall discuss the implementation of any
- 48 -
flex-time system involving employees represented by the Appraisers' Association
with the Association. 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,
the Appraisers' Association may request to meet with the Department Head for the
purpose of proposing an alternate flexible work schedule.
SECTION 30 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for personnel to fill a position in
a class for which no reemployment or employment list is available, or in a class for
which no eligible or insufficient eligibles to complete the certification will accept
appointment to the position, the Director of Personnel may authorize the appointing
authority to appoint any person who possesses the minimum qualifications for the
class as set forth in the class specifications, provided that the names of eligibles
available and the names of persons who have indicated the intention to take the next
examination for the class shall be referred to the appointing authority at the time
authorization is issued.
In no case shall a permanent position be filled by a provisional appointment for a
period exceeding six (6) calendar months, except under the following conditions
a. If an examination has been announced for the class and recruitment of appli-
cants is in process, the Director of Personnel may authorize a continuation of
provisional appointments until an eligible list is established;and
b. In the case of a provisional appointment to a permanent position vacated by
a leave of absence, such.provisional appointment may be continued for the
duration of said leave.
A provisional appointment shall be terminated within thirty (30) days after the date
of certification of eligibles from an appropriate eligible list.
All decisions of the Director of Personnel relative to provisional appointments are
final and not subject to the grievance procedure.
SECTION 31 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor practice as defined in
Chapter 34-22 of the Board 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 32 - LENGTH OF SERVICE DEFINITION (for service awards and vacation
accruals)
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including temporary,
provisional and permanent status, and absences on approved leave of absence) .
When an employee separates from a permanent position in good standing and within
- 49 -
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 33 - 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 34 - PERSONAL PROPERTY REIMBURSEMENT
The loss or damage to personal property of employees is subject to reimbursement
under the following conditions:
a. The loss or damage must result from an event which is not normally encoun-
tered or anticipated on the job and which is not subject to the control of the
employee.
b. Ordinary wear and tear of personal property used on the job is not compen-
sated.
C. Employee tools or equipment provided without the express approval of the
Department Head and automobiles are excluded from reimbursement.
d. The loss or damage must have occurred in the line of duty.
e. The loss or damage was not a result of negligence or lack of proper care by
the employee.
f. The personal property was necessarily worn or carried by the employee in
order to adequately fulfill the duties and requirements of the job.
g. The loss or damage to employee's eyeglasses, dentures or other prosthetic
devices did not occur simultaneously with a job-connected injury covered by
Workers' Compensation.
h. The amount of reimbursement shall be limited to the actual cost to repair
damages. Reimbursement for items damaged beyond repair shall be limited to
the actual value of the item at the time of loss or damage but not more than the
original cost.
i. The burden of proof of loss rests with.the employee.
j. Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to Personal
Property.
- 50 -
SECTION 35 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation and sick leave
benefits.
SECTION 36 - PERMANENT-INTERMITTENT EMPLOYEES HEALTH PLAN
A permanent-intermittent employee represented by Contra Costa County Appraisers'
Association may participate in the County Group Health Plan of medical, dental and
life insurance coverage wholly at the employee's expense. The County will not
contribute to the employee's monthly premium. The employee will be responsible for
paying the monthly premium appropriately and punctually. Failure to meet the
premium deadline will mean automatic and immediate withdrawal from the County
Group Health Plan and reinstatement may only be effectuated during the annual open
enrollment period.
SECTION 37 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees who are not permanent employees of the County immediately
prior to their provisional appointment are eligible for vacation and sick leave
benefits.
Provisional employees may participate in the County Group Health Plan of medical,
dental and life insurance coverage wholly at the employee's expense. The County
will not contribute to the employee's monthly premium. The employee will be
responsible for paying the monthly premium appropriately and punctually. Failure
to meet the premium deadline will mean automatic and immediate withdrawal from the
County Group Health Plan and reinstatement may only be effectuated during the
annual open enrollment period.
SECTION 38 - EDUCATIONAL INCENTIVE
Effective August 1, 1992 classes represented by the Association will be entitled to
a salary differential of $50.00 per month for possession of a certification for
educational achievement from at least one of the following:
1. American Institute of Real Estate Appraisers-Residential Member (RM)
designation;
2. State Board of Equalization-Advanced Appraiser certification;
3. International Association of Assessing Officers - Residential Evaluation
Specialist (RES.) ;
4. Society of Auditor Appraisers - Master Auditor-Appraiser (MAA)
designation;
5. Society of Real Estate Appraisers - Senior Residential Appraiser (SRA)
designation;
- 51 -
6. Any other certification approved by the County Assessor and the Director of
Personnel.
SECTION 39 - SPECIAL STUDIES, ETC.
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
consider the feasibility of adding a Vision Care Program.
If a reopener does occur, it will not be sooner than six calendar months
following adoption of memoranda of understanding by the Board of
Supervisors.
B. Retirement Study. During the life of this MOU, the County agrees to
participate in a joint labor-management committee whose specific objective will
be to identify and evaluate any feasible methods of lessening or eliminating
the difference in benefit levels between the Tier I and Tier II Retirement
plans. This committee will make use of the resources and advice of the
County Retirement Office and its staff and will report its findings and
recommendations to the County Administrator. The Association is entitled to
have a representative on this committee.
C. Ineligible Deferred Compensation Study. The County will conduct a
feasibility study during the term of this MOU to ascertain the advantages
and/or disadvantages to County employees of providing an ineligible deferred
compensation as described in Section 457(f) of the Internal Revenue Code of
1986.
D. Evaluations. In response to proposals by several employee organizations, the
County agrees to meet with labor representatives to discuss a County-wide
performance system/process, but not a County-wide performance evaluation
form.
SECTION 40 - 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 provisions shall become
effective upon the first day of the month following thirty (30) days after such
Ordinance is adopted.
SECTION 41 - SCOPE AGREEMENT AND SEPARABILITY OF PROVISION
41.1 Scope of Agreement. Except as otherwise specifically provided herein, this
Memorandum of Understanding fully and completely incorporates the understanding
of the parties hereto and constitutes the sole and entire agreement between the
parties in any and all matters subject to meet and confer. Neither party shall,
during the term of this Memorandum of Understanding demand any change herein,
- 52 -
provided that nothing herein shall prohibit the parties from changing the terms of
this Memorandum of Understanding by mutual agreement.
41.2 Separability of Provisions. Should any section, clause or provision of this
Memorandum of Understanding be declared illegal, unlawful, or unenforceable, by
final judgment of a court of competent jurisdiction, such invalidation of such section,
clause or provision shall not invalidate the remaining portions hereof, and such
remaining portions shall remain in full force and effect for the duration of this
Memorandum of Understanding.
41.3 Personnel Management Regulations. Where a specific provision contained in
a section of this Memorandum of Understanding conflicts with a specific provision
contained in a section of the Personnel Management Regulations, the provision 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.
41.4 Duration of Agreement. This Agreement shall continue in full force and effect
from October 1, 1991 to and including September 30, 1993. Said Agreement shall
automatically renew from year to year thereafter unless either party gives written
notice to the other prior to sixty (60) days from the aforesaid termination date of its
intention to amend, modify or terminate the Agreement.
SECTION 42 - PAST PRACTICES & 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 beginning with the
effective date of this Memorandum of Understanding, the Association may claim a
violation of a past practice. If the Association can demonstrate that such past
practice exists by virtue of having been acknowledged and agreed to by Management
and representatives of the Association, or by employees represented by the
Association who reach agreement with a Department Head on a specific policy
covering a group of employees such as a reassignment policy, the alleged violation
of said past practice will be subject to the grievance procedure. Those practices
which have been agreed to by Management and not approved by the Department Head
must be confirmed and approved by the Department Head within six (6) months from
the below execution date of this Memorandum of Understanding in order to be
considered a past practice pursuant to this provision.
- 53 -
S50CIp'�IoN
DATE,:
cosvx
Coll
- 54 -
ATTACHMENT A
CONTRA COSTA COUNTY APPRAISERS' ASSOCIATION
SALARIES
10/1/91 10/1/92
CLASS LEVEL RANGE LEVEL RANGE
APPRAISER AIDE C51408 1857-2257 C51438 1913-2326
APPRAISER ANALYST r C51984 3302-4014 C52014 3403-4136
ASSISTANT APPRAISER C51808 2769-3366 C51838 2854-3469
ASSOCIATE APPRAISER C51964 3237-3934 C51994 3335-4054
AUDITOR-APPRAISER I C51595 2238-2721 C51625 2306-2804
AUDITOR APPRAISER II C51842 2865-3483 C51872 2952-3589
JUNIOR APPRAISER C51553 2146-2609 C51583 2212-2688
SR. APPRAISER ANALYST C52059 3559-4326 C52089 3667-4458
SR. AUDITOR-APPRAISER C51995 3339-4058 C52025 3440-4182
ATTACHMENT B
CONTRA COSTA COUNTY
HEALTH CARE COALITION NEGOTIATIONS
JANUARY 28, 1992
SETTLEMENT AGREEMENT
HEALTH & DENTAL SUBVENTION ONLY
1. SUBVENTION FOR 1991-1992
CCHP: County will contribute $10 single and $26 family for premium increases; employees
will continue to pay $.01. Dental only coverage at $.01.
1st Choice, Kaiser & Dental: County will contribute 77%toward health and dental premiums
with plan changes indicated below. County subvention for Safeguard B to be the same level
as for Safeguard A not to exceed total premium of Safeguard B.
�r
2. PLAN CHANGES FOR 1991-1992 (All effective 1st of month following open enrollment)
Kaiser
$3 co-pay on Rx and include COB. County agrees to add maintenance drug program within
60 days of its availability.
1st Choice (PPO pays @ 100%; non-PPO pays @ 800 of UCR after annual $200
deductible.)
• Add office visit coverage for routine pap test.
• Add diabetic training to $300 lifetime limit.
• Add injectable drugs to Rx program with 50% co-pay.
• Cap physical therapy visits at 50 visits per calendar year.
• Change Pharmacy drug program from $2 generic, $8 brand name to $2 generic, $5
brand name - no exceptions.
• Add $25 co-pay for a non-PPO Emergency Room physician if services provided at a
PPO hospital; balance of bill paid by health plan (no further exceptions as under
current plan) .* County will continue current practice of negotiating non-PPO
provider billings for services provided at PPO hospital.
• Add $25 co-pay for a non-PPO Radiologist if services are performed at a PPO
hospital; balance of bill paid by health plan (no further exceptions as under current
plan) . Second opinion provisions remain unchanged.*
• Biannual routine eye examinations for corrective lenses only with $10 co-pay.
Annual eye examinations for children to age 18 and adults over 40 with $10 co-pay.
Dental Plan
Continue with current dental program and add Safeguard B option beginning with March
1992 open enrollment. Reopen Delta dental plan for redesign in June 1992. County will
solicit proposals on prepaid dental plans prior to the end of the MOU period. The Request
for Proposal will be made available to all qualified vendors of prepaid dental plans
(including Denticare) .
2 -
3. REOPENER FOR HEALTH PLAN REDESIGN
Effective June 1, 1992, the County and the Health Care Coalition will reopen meet and
confer deliberations on further health plan redesign with the objectives of achieving
improved cost control and service to members.
4. SUBVENTION FOR 1992-1993
CCHP: County will contribute 98%of premium cost for health and dental plans. Dental only
coverage at $.01.
1st Choice, Kaiser & Dental: County will contribute 77% toward health and dental
premiums. County subvention for Safeguard B to be the same level as for Safeguard A not
to exceed total premium of Safeguard B.
If a mutually agreeable range of plan redesign options are achieved by the County and the
Health Care Coalition as a result of the June 1992 reopener, the County will contribute an
additional 3% not to exceed 80%.
5. WORKERS' COMPENSATION
The County will reduce Workers' Compensation for all non-safety employees to 94% of
monthly salary for all claims filed with the employee's department on or after February 10,
1992 and 88% filed on or after January 1, 1993. All savings generated will be used toward
offsetting chargeable increases in County subvention of premiums for health and dental
plans. If Workers' Compensation becomes taxable, the County agrees to restore the
current benefit level (100% of monthly salary) and the parties shall meet and confer with
respect to funding the increased cost.
*$25 co-pay does not apply to annual$1000 maximum out-of-pocket expense per member (includes
$200 deductible) . $25 co-pay is waived after $1000 limit is reached.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
DATE: DATE:
copro3:hcc .
ATTACH. - B-1
COUNTY RESPONSE TO DOUBLE MEDICAL ISSUE
The County will survey all permanent employees prior to the June 1992 reopener to
ascertain the extent to which employees who have or are eligible for double medical
coverage would, in lieu of double medical coverage, have the County contribute to
a deferred compensation plan. The data gathered shall be shared with the Health
Care Coalition, and the County will negotiate a deferred compensation contribution
in lieu of medical coverage provided the employee has alternate medical coverage and
there is a cost savings to the County.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
0,/kj. �s 7• ��
DATE: :Z 4Z DATE:
ATTACH. B-2
COUNTY RESPONSE TO LTD ISSUE
The County Auditor-Controller can accommodate individual monthly payroll
deductions for an LTD premium and can remit the total premium amount due each
month directly to the insurance carrier with a list of subscribers. It will be the sole
responsibility of the insurance provider and the subscriber to complete necessary
enrollment documents which'will be provided by the.Auditor-Controller, including
payroll deduction authorization cards, change of status forms and cancellations, and
forward this information once each month to the Auditor-Controller according to a
pre-established cut-off date. The Auditor-Controller will be obligated only to
deduct and remit premiums in accordance with monthly directions from the insurance
provider and any reconciliation of premium totals will be the responsibility of the
insurance carrier and the subscriber. The Auditor-Controller is authorized to levy
necessary and reasonable administrative charges as part of the monthly premium
deduction not to exceed $.05 per participating employee per month.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
DATE: �" IV -Z DATE:
ATTACH. B-3
ELIGIBILITY CRITERIA APPLICABLE TO ALL ENROLLEES IN
1ST CHOICE, KAISER OR CCHP MEDICAL PLANS
1. The eligibility criteria listed below which are now in effect for 1st Choice
members, will also be in effect for Kaiser members, CCHP members and all new
employees on the first of the month following the 1992 open enrollment period.
2. The eligibility criteria listed below are more restrictive but will not apply to
any dependents added before the 1992 open enrollment until and unless the
dependents are moved from one health plan to another.
3. The following persons may be enrolled as the eligible Family Members of a
Subscriber:
a. The Subscriber's Spouse.
b. The Subscriber's Child, which includes a natural or legally adopted
child of either a Subscriber or the spouse, a foster child entirely
supported by the Subscriber or the spouse and for whom the
Subscriber or the spouse is the legal_guardian, provided in all cases
that the child is dependent, unmarried, and under the age of 25.
Nevertheless, foster children who are eligible for Medi-Cal coverage are
not eligible for coverage under this Plan. Pursuant to Insurance Code
section 10121, immediate coverage is available to each newborn child of
a Member and to any minor child placed in the physical custody of a
Member for adoption. For a legally adopted child, proof of eligibility
by a court adoption order and a copy of a U.S. income tax return of the
Subscriber or the spouse showing dependency of the child, may be
required. For a foster child, proof of eligibility requires a copy of a
Social Service Foster Care Agreement and a letter from Social Service
verifying that the child is not eligible for Medi-Cal coverage. For
dependents aged 19 to 25, a statement may be required to verify that
the child is legally dependent in accordance with Internal Revenue
Service requirements. Attainment of the limiting age shall not terminate
coverage of a child while the child is and continues to be both (a)
incapable of self-sustaining employment by reason of mental retardation
or physical handicap and (b) chiefly dependent upon the Subscriber for
support and maintenance, provided the proof of such incapacity and
dependency is furnished to the Plan Administrator by the Subscriber
within 31 days of the child's 25th birthday and annually thereafter, if
required by the Plan Administrator.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
DATE: ';'- /& qZ DATE: /�/��
ATTACH. S-4
COUNTY RESPONSE TO SDI ISSUE
A committee of County representatives and Health Care Coalition representatives
agree to meet within thirty (30) days following the completion of Health Care
Negotiations to discuss changes in the administration of the SDI program...
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
DATE: ;2-6(c%i,- DATE: f� oZ
ATTACH. B-5
COUNTY RESPONSE TO OPEN ENROLLMENT ISSUE
The County agrees to conduct the open enrollment for the health and dental plans
previously deferred from November 1991, during the period March 1, 1992.to March
31, 1992.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
DATE: G i DATE: b��
ATTACH. B-6
COUNTY RESPONSE TO SINGLE MEDICAL/FAMILY DENTAL ISSUE
Employees may choose single medical and family dental if eligible.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
DATE: 9, 6 G12 DATE: C24 7oZ
ATTACH. B-7
COUNTY RESPONSE TO HEALTH & DENTAL PROVIDER CONTINUATION ISSUE
For the term of this Memorandum of Understanding, the County will not discontinue
any health or dental plan currently provided. However, if the provider discontinues
service to the County, the County shall meet and confer regarding a replacement.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
r
DATE: 2L�' 9 2 DATE:
ATTACH. B-8
COUNTY RESPONSE TO SMOKER/NON-SMOKER ISSUE
To further pursue the Board of Supervisor's objective of achieving a healthy
workforce, a labor/management committee shall be convened within 30 days of
reaching agreement with the Health Care Coalition* to recommend a proactive model
program which includes incentives for developing and maintaining a healthy
lifestyle. The committee shall present its recommendation to the County and the
Health Care Coalition for the June 1992 reopener.
*Tentative agreement reached January 29, 1992.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
DATE: 11Z A,[?-z- DATE: ���
ATTACH. g-9
REVISION TO ADMINISTRATIVE BULLETIN 311.5
SUBJECT: SICK LEAVE POLICY
DECEMBER 19, 1991
This bulletin states the County's general policies on the accumulation, use and
administration of paid sick leave credits. While the provisions contained in this bulletin
apply to the majority of County employees, some provisions may differ for..-certain job
classifications as a result of negotiations with employee organizations. Therefore, various
current memoranda of understanding, regulations governing unrepresented employees, and
departmental sick leave guidelines, should be consulted as required to ensure the proper
administration of sick leave. �1.
I. PURPOSE OF SICK LEAVE. The primary purpose of paid sick leave is to insure
employees against loss of pay for temporary absences from work due to illness or
injury. It is a benefit extended by the County and may be used only as authorized;
it is not paid time off which employees may use for personal activities.
II. CREDITS TO AND CHARGES AGAINST SICK LEAVE. Sick leave credits accrue at
the rate of eight (8) working hours credit for each completed month of service, as
prescribed by County Salary Regulations and memoranda of understanding.
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.
Effective November 1, 1979 credits to sick leave are made in minimum amounts of one-
tenth hour (6 minutes) increments. Effective November 16, 1989 charges against
sick leave are made in minimum amounts of one-tenth hour (6 minutes) increments.
Unused sick leave credits accumulate from year to year.
When an employee is separated, other than through retirement, his accumulated sick
leave credits shall be canceled, unless the separation results from layoff, in which
case the accumulated credits shall be restored if he is reemployed in a permanent
position within the period of his layoff eligibility.
As of the date of retirement, an employee's accumulated sick leave is converted to
retirement time on the basis of one day of retirement service credit for each day of
accumulated sick leave credit.
III. POLICIES GOVERNING THE USE OF PAID SICK LEAVE. As indicated above, the
primary purpose of paid sick leave is to insure employees against loss of pay for
temporary absences from work due to illness or injury. The following definitions
apply:
"Immediate Family" means and includes only the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister,
grandparent, grandchild, father-in-law, mother-in-law, daughter-in-law, son-in-
law, brother-in-law, sister-in-law, foster children, aunt, uncle, cousin,
stepbrother, or stepsister of an employee and/or includes any other person for whom
the employee is the legal guardian or conservator, or any person who is claimed as
a "dependent" for IRS reporting purposes by the employee.
"Employee" means any person employed by Contra Costa County in an allocated
position in the County service.
"Paid Sick Leave Credits" means those sick leave credits provided for by County
Salary Regulations and memoranda of understanding.
"Condition/Reason": With respect to necessary verbal contacts and.confirmations
which occur between the department and the employee when sick leave is requested
or verified, a brief statement in non-technical terms from the employee regarding
inability to work due to injury or illness is sufficient.
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:
r
A. Temporary Illness or Injury of an Employee. Paid sick leave credits may be
used when the employee is off work because of a temporary illness or injury.
B. Permanent Disability Sick Leave. Permanent disability means the employee
suffers from a disabling physical injury or illness and is thereby prevented
from engaging in any County occupation for which the employee is qualified
by reason of education, training or experience. 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 following conditions:
1. An application for retirement due to disability has been filed with the
Retirement Board.
2. Satisfactory medical evidence of such disability is received by the
appointing authority within 30 days of the start of use of sick leave for
permanent disability.
3. The appointing authority may review medical evidence and order
further examination as deemed necessary, and may terminate use of sick
leave when such further examination demonstrates that the employee is
not disabled, or when the appointing authority determines that the
medical evidence submitted by the employee is insufficient, or where
the above conditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits when
under a physician's order to remain' secluded due to exposure to a
communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. Employees whose disability
is caused or contributed to by pregnancy, miscarriage, abortion, childbirth,
or recovery therefrom, shall be allowed to, utilize sick leave credit to the
maximum accrued by such employee during the period of such disability under
the conditions set forth below:
1. Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of disability
from the employee's attending physician. The statement must address
- 2 -
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.
2. If an employee does not apply for leave and the appointing authority
believes that the employee is not able to properly perform her work or
that her general health is impaired due to disability caused or
contributed to by pregnancy, miscarriage, abortion, childbirth or
recovery therefrom the employee shall be required to—undergo a
physical examination by a physician selected by the County. Should
the medical report so recommend, a mandatory leave shall be imposed
upon the employee for the duration of the disability.
3. Sick leave may not be utilized after the employee has been released from
the hospital unless the employee has provided the County with a written
statement from her attending physician stating that her disability
continues and the projected dates of the employee's recovery from such
disability.
E. Medical and Dental Appointments. An employee may use paid sick leave
credits:
1. For working time used in keeping medical and dental appointments for
the employee's own care; and
2. For working time used by an employee for pirescheduled medical and
dental appointments for an immediate family member.
F. Emergency Care of Family. An employee may use paid sick leave credits for
working time used in cases of illness or injury to an immediate family member.
G. Death of Family Member. An employee may use paid sick leave credits for
working time used because of a death in the employee's immediate family, but
this shall not exceed three working days, plus up to two days of work time for
necessary travel.
H. Accumulated paid sick leave credits may not be used in the following
situations:
Vacation. Paid sick leave credits may not be used for an employee's illness or
injury which occurs while he is on vacation but the County Administrator may
authorize it when extenuating circumstances exist and the appointing
authority approves.
Not in Pay Status. Paid sick leave credits may not be used when the employee
would otherwise be eligible to use paid sick leave credits but is not in pay
status.
IV. ADMINISTRATION OF SICK LEAVE. The proper administration of sick leave is a
responsibility of the employee and the department head. The following procedures
apply:
- 3 -
A. Employee Responsibilities
1. Employees are responsible for notifying their department of an absence
prior to the commencement of their work shift or as soon thereafter as
possible. Notification shall include the reason and possible duration of
the absence.
2. Employees are responsible for keeping their department informed on a
continuing basis of their condition and probable date of return to work.
3. Employees are responsible for obtaining advance approval from their
supervisor for the scheduled time of pre-arranged personal or family
medical and dental appointment.
�S
4. Employees are encouraged to keep the department advised of (1) a
current telephone number to which sick leave related inquiries may be
directed, and (2) any condition(s) and/or restriction(s) that may
reasonably be imposed regarding specific locations and/or persons the
department may contact to verify the employee's sick leave.
B. Department Responsibilities
The use of sick leave may properly be denied if these procedures are not
followed. Abuse of sick leave on the part of the employee is cause for
disciplinary action.
Departmental approval of sick leave is a certification of the legitimacy of the
sick leave claim. The department head or designee may reasonable inquiries
about employee absences. The department may require medical verification
for an absence of three (3) or more working days. The department may also
require medical verification for absences of less than three (3) working days
for probable cause if the employee had been notified in advance in writing that
such verification was necessary. Inquiries may be made in the following
ways:
• Calling the employee's residence telephone number or other contact
telephone number provided by the employee if telephone notification
was not made in accordance with departmental sick leave call-in
guidelines. These inquiries shall be subject to any restrictions imposed
by the employee under Section IV.A.4.
• Obtaining the employee's signature on the Absence/Overtime Record,
or on another form established for that purpose, as employee
certification of the legitimacy of the claim.
• Obtaining the employee's written statement of explanation regarding the
sick leave claim.
• Requiring the employee to obtain a physician's certificate or verification
of the employee's illness, date(s) the employee was incapacitated, and
the employee's ability to return to work, as specified above.
- 4 -
• In absences of an extended nature, requiring the employee to obtain
from their physician a statement of progress and anticipated date on
which the employee will be able to return to work, as specified above.
Department heads are responsible for establishing timekeeping procedures
which will insure the submission of a time card covering each employee
absence and for operating their respective offices in accordance with these
policies and with clarifying regulations issued by the Office of the County
Administrator.
To help assure uniform policy application, the Personnel Director or
designated management staff of the County Personnel Department should be
contacted with respgct to sick leave determinations about which the
department is in doubt.
FOR THE COUNTY: FOR THE HEALTH CARE COALITION:
DATE: _-2 DATE: G
- 5 -
ATTACHMENT C
LETTER OF UNDERSTANDING — CCCAA 9/80 PLAN
This Letter of Understanding, dated March 4, 1992, between the Contra Costa
County Appraisers Association and the Appointing Authority of the Assessor's
Office, outlines the agreement reached between the Association and the Appointing
Authority and shall be binding on the Assessor's Office and all employees in
s
classifications represented by the Association.
DEFINITIONS:
A) Normal Shift: An eight-hour work day from 8:00 a.m. to 5:00 p.m.
with lunch from 12:00 to 1:00 p.m.
B) Normal Schedule: A seven-day period in which the employee works five
eight-hour days for a total of forty hours.
C) 9/80 Schedule: A fourteen-day period in which an employee works eight
nine-hour days and one eight-hour day for a .total of
eighty hours.
D) Contract Period: The period covered by the Current Memorandum of
Understanding between Contra Costa County Appraisers
Association and Contra Costa County or interim
extensions.
Provisions of the 9/90 Plan and pertinent office policies are as follows:
1. DURATION
The 9/80 Plan, as herein modified, is for the period covered by the
Memorandum of Understanding. During that period this plan may be modified
by mutual agreement of the Board of Directors of the Appraisers Association
and the appointing authority. During or at the conclusion of the contract
period, the Plan may be terminated for cause =by either party or continued by
1
mutual agreement. Two weeks advance notice of termination shall be given to
affected employees. If at a termination of the Plan during the contract
period, there is any imbalance of hours between the normal schedule and 9/80
schedule, an adjustment will be made by awarding time off or working
additional hours equal to the imbalance of hours. Additional hours will not
be considered overtime.
2. PARTICIPATION
All employees in classifications represented by the Association will be
given the option of participating in the Plan or remaining on the normal
schedule. Each appraiser will submit his/her annual election on a signed
form on or before June 30, effective July 1 of each year.
3. SCHEDULE
Annually, a schedule will be prepared by the Department. This schedule
will be prepared on a fiscal year basis so that no compensatory time
accrues. The schedule will recognize, as nearly as possible, provisions of
Part 4 (WORK HOURS AND DAYS) and Part 5 (HOLIDAYS) of this Letter of
Understanding.
The schedule will be developed in four separate parts designated as
Plans "A","B", "C" and "D". All employees assigned to a crew must be on the
same Plan. It is the responsibility of the Division Chief to assign
personnel to Plans "A","B","C" and "D".
The attached schedules, Plan "A",Plan "B",Plan "C" and Plan "D", are
included as a part of this Letter of Understanding.
4. WORK HOURS AND DAYS
On each Monday, Tuesday, .Wednesday, and Thursday, Plan "A" and Plan "B"
9/80.participants' work hours will be from 7:30 a.m. to 5:00 p.m. with lunch
from 12:00 to 12:30 p.m. Participants will have every other Friday off. On
those Fridays that they- do work, participants will work a normal shift.
2
On each Tuesday, Wednesday, Thursday, and Friday, Plan "C" and Plan "0"
9/80 participants' work hours will be from 7:30 a.m. to 5:00 p.m. with lunch
from 12:00 to 12:30 p.m. Participants will have every other Monday off. On
those Mondays that they do work, participants will work a normal shift.
Employees scheduled for training sessions, audit trips, or in the
office for annual complaint period:
a) If the scheduled period is of five (5) full days duration or
longer and one on those days is the employee's 9/80 day off, the
employee will,,revert to the normal schedule for two (2)
consecutive weeks.
b) If the scheduled period is five (5) full days duration or less and
all of those days are regular work days, the employee may choose
to remain on his/her 9/80 schedule or revert to the normal
schedule for two (2) consecutive weeks.
c) If the scheduled period is four (4) full days or less in duration
and is scheduled during the employee's 9/80 day off, the employee
will be allowed a half-day off (7:30 - Noon) on the first day of
the class, and a half day off (12:30 - 5pm) on the last day the
class. This splits the regularly scheduled day off (either Monday
or Friday) into 2 half days. Any travel performed during the
alternate half day-off or during the scheduled day off will not be
considered work time, and any work performed during these periods
will not be considered overtime. Or, an employee may choose to
revert to the normal schedule for two (2) consecutive weeks.
For this section a full day of class is defined as one a.m. and one pm.
.session which may or may not occur on the same day.
3
5. HOLIDAYS
If a holiday falls on a scheduled nine hour work day all 9/80
participants will be required to work nine hours on what would be their
normal eight-hour Monday or Friday in the 9/80 schedule.
Holidays falling on an employee's Friday off will be recognized on the
following Monday. Holidays falling on an employee's Monday off will be
recognized on the following Tuesday..
6. IMBALANCE OF HOURS
Any imbalance of hours that results due to the employee working other
than an assigned schedule shall be adjusted no later than the subsequent .
month in which the imbalance of hours occurs, by working additional hours or
taking additional time off. Additional hours worked will not be considered
overtime.
The department will notify the employee when there is an imbalance of
.hours.
It is the responsibility of the employee to arrange with his/her
immediate supervisor to make up additional hours or take time off within the
time period allowed by this section.
Noncompliance with this section will result in the following:
(1) If the employee does not work the required number of hours as
scheduled and does not make up the deficiency by the end of the
following month, his/her pay will be adjusted accordingly.
(2) If the employee does not use the excess hours by the end of the
following month, he/she will lose them.
4
7. SICK LEAVE AND VACATION
Time spent on sick and vacation leave will be charged on an hour-for-
hour basis; i .e., if the employee takes leave on a scheduled nine-hour day,
he/she will be charged nine hours leave time. The employee will not be
allowed to take sick leave on a day he/she is not scheduled to work.
8. JURY DUTY
9/80 participants will receive no compensatory time credit for jury
duty on a scheduled Monday or Friday off:
9. OVERTIME S
Overtime for 9/80 Plan employees shall be any authorized service
exceeding their normal 9/80 schedule and shall be compensated accordingly to
current and future yearly elections covering compensation at one and one-
half times the employee's basic hourly salary rate or by accumulation of
compensatory time at a rate of one and one-half hours for each hour of
overtime worked.
10. TERMINATION/RESIGNATION
If, during the contract period, a participant of the 9/80 Plan
terminates from county employment for whatever reason, the Department will
compute any imbalance of hours as of the termination date and notify the
Auditor-Controller to:
(1) . Pay the employee an amount representative of any hours worked during
the contract period which are in excess of those total cumulative hours
he/she would have worked on a regular schedule as of the termination
date.
(2) Deduct from the employee's final pay an amount representative of .any
.hours worked during the contract period which are less than those total
cumulative hours he/she would have worked on a regular schedule as of
the termination date.
5
Attest:
For the Department
Don Burriston (e;,
Frank Ascatigno
Jim Giacoma
Dan HallissyLZ
—
1
For the Contra Costa County Appraisers Association
Veronica Clark
Zeny Cruz
Jim Lynch
David Thacker
President
-5- /992
Date
Approved:
n L. Biasotti , Assessor Date
/lou
6
ASSESSOR'S OFFICE
1992-93 9/80 SCHEDULE
PLAN "A"
JULY '92 AUGUST '92 SEPTEMBER '92
IRON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
11
9 9 H 9 9 9 9 FO 9 9 9 FO
F9,3
8 9 30 10 11 12 13 14 8 9 10 11
9 9 9 FO 9 9 9 9 8 H 9 9 9 9
14 15 16 1 17 18 19 20 21 14 15 16 1 18
L209 9 9 9 9 9 9 9 FO 9 9 9 9 FO
21 22 23 24 24 25 26 2 28 21 22 23 24 9 9 9 FO 9 9 9 9 8 9 9 9 9 8
28 29 30 31 31 28 29 301 1
9 9 9 8 9 9 9 9
MONTH: 179 CUM: 179 ,s MONTH: 169 CUM: 348 MONTH; 170 CUM: 518
OCTOBER '92 NOVEMBER 92 DECEMBER '92
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
9 FO 9 9 9 9 8 9 9 9— 9
F91,69
6 8 9 9 10 I1 12 13 8 9 10 11
9 9 9 8 9 9 H 9 FO 9 9 9 9 FO
13 14 15 16 -16-17 18 19 20 14 15 16 17 18
9 9 9 9 FO 9 9 9 9 9 9 9 9 9 8
L1920 21 22 23 23 24 25 26 27 21 22 23 24 25
9 9 8 9 9 9 H H 9 9 9 9 H
28 29 30 30 28 29 30 31
9 9 FO MO MO 9 9 9
MONTH; 169 CUM: 687 MONTH: 143 CUM: 830 MONTH; 179 CUM: 1009
JANUARY '93 FEBRUARY '93 MARCH '93
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
H 9 9 9 9 FO 9 9 9 9 FO
ES-2
6 7 8 8 9 10 11 12 8 9 10 11 12
9 9 FO 9 9 9 9 8 9 9 9 9 8
13 14 15 15 16 17 18 19 15 16 17 18 19
9 9 8 H 9 9 9 FO 9 9 9 9 FO
20 21 22 22 23 24 25 26 22 23 24 25 26
9 9 FO 9 9 9 9 9 9 9 9 9 8
27 28 29 29 30 31
9 9 9 9 9 9
MONTH: 152 CUM: 1161 MONTH: 152 CUM: 1313 MONTH; 187 CUM: 1500
APRIL '93 MAY '93 JUNE '93
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
9 FO 9 9 9 9 8 9 9 9 9
5 6 7 8 9 10 11 12 13 14 8 9 10 11
9 9 9 9 8 9 9 9 9 FO F14
9 9 9 FO
12 13 14 15 16 17 18 19 20 21 15 16 17 18
9 9 9 9 FO 9 9 9 9 8 9 9 9 9 8
19 20 21 22 23 24 25 26 27 28 21 22 23 24 25
9 9 9 9 8 9 9 9 9 FO 9 9 9 9 FO
26 27 28 29 30 31 28 29 30
9 9 9 9 FO H 9 9 9
MONTH; 169 CUM: 1669 MONTH; 160 CUM: 1829 MONTH: 179 CUM: 2008
ASSESSOR'S OFFICE
1992-93 9/80 SCHEDULE
PLAN "B"
JULY '92 AUGUST '92 SEPTEMBER '92
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
11
41
9 9 H El
41 9 9 8 9 9 9 8
6 8 9 10 12 13 14 7 8 9 10 11
MO 9 9 9 9 9 9 FO H 9 9 9 FO
13 14 15 16 17 19 20 21 14 15 16 1 18
9 9 9 9 FO 9 9 8 9 9 9 9 9
20 21 22 23 24 26 27 28 21 22 23 . 24 259 9 9 9 8 9 9 FO 9 9 9 9 FO27 28 29 30 31 28 29 309 9 9 9 FO 9 9 9
MONTH; 170 CUM: 170 MONTH; 169 CUM: 339 7r, MONTH; 170 CUM: 509
OCTOBER '92 NOVEMBER '92 DECEMBER '92
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
1 2 2 3 4 b kil 1 2 3
9 8 9 9 9 9 FO 9 9 97 FO
5 6 7 8 9 9 10 11 12 13 8 9 10 11
9 9 9 9 FO 9 9 H 9 9 , 9 9 9 9 8
12 13 14 15 N 16 17 18 19 20 14 15 16 17 18
9 9 9 9 8 9 9 9 9 FO 9 9 9 9 FO
19 20 21 22 23 23 24 25 26 27 21 22 23 24 25
9 9 9 9 FO 9 9 9 H H 9 9 9 9 H
26 271 28 29 30 30 28 29 30 31
9 9 9 9 8 9 9 9 9 9
MONTH; 177 CUM: 686 MONTH; 144 CUM: 830 MONTH; 179 CUM: 1009
JANUARY '93 FEBRUARY '93 MARCH '93
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
H 9 s9 9 9 8 9 9 9 9 8
4 5 6 7 8 8 9 10 11 12 8 9 10 11 12
MO 9 9 9 9 9 9 9 9 FO 9 9 9 9 FO
11 12 13 14 15 15 16 17 18 19 15 16 17 18 19
9 9 9 9 FO H 9 9 9 9 9 9 9 9 8
18 19 20 21 22 22 23 24 25 26 22 23 24 25 26
H 9 9 .9 9 9 9 9 9 FO 9 9 9 9 FO
25 26 27 28 29 29 30 31
9 9 9 9 FO 9 9 9
MONTH; 144 CUM: 1153 MONTH: 152 CUM: 1305 MONTH; 187 CUM: 1492
APRIL '93 MAY '93 JUNE '93
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
9 ]23
9 9 9 9 FO 9 9 9 FO
5 6 8 10 11 12 13 R 8 9 10 11
9 9 9 9 9 9 9 9 8 9 9 9 9 9
12 13 14 15 17 18 19 20 21 14 15 16 17 18
9 9 9 9 9 9 9 9 FO 9 9 9 9 FO
19 20 21 22 24 25 26 27 28 22 23 24 259 9 9 9 9 9 9 9 8 L21
9 9 9 826 27 28 29 31 28 29 309 9 9 9 ' H 9 9
MONK 177 CUM: 1669 MONTH; 160 CUM: 1829 MONTH: 179 CUM: 2008
ASSESSOR'S OFFICE
1992-93 9/80 SCHEDULE
PLAN "C"
JULY '92 AUGUST '92 SEPTEMBER '92
MON TUE WED THU FRI MON TUE WED THU FRI YON TUE WED THU FRI
F131 2 3 3 4 5 6 Yl I z 3 4
9 9 H MO 9 9 9 9 9 9 9 9
8 9 10 10 11 12 13 14 8 9 10 11
9 9 9 9 8 9 9 9 9 H 9 9 9 9
14 15 16 1 17 18 19 20 21 14 15 16 1 18
9 9 9 9 9 MO 9 9 9 9 MO 9 9 9 9
20 21 22 23 24 24 25 26 27 28 21 22 23 24 25
MO 9 9 9 9 8 9 9 9 9 9 9 9 9 9
27 28 29 30 31 31 28 29 30
8 9 9 9 9 MO MO 9 9
MONTH; 179 CUM: 179 MONTH; 160 CUM: 339 MONTH; 171 CUM: 510
OCTOBER '92 NOVEMBER '92 DECEMBER '92
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
9 9 8 9 9 9 9 9 9 9- 9
5 6 -7-8-9 9 10 11 12 13 7 8 9 10 11
8 9 9 9 9 MO. 9 H 9 9 MO 9 9 9 9
12 13 14 15 16 16 17 18 19 20 14 15 16 17 18
MO 9 9 9 9 9 9 9 9 9 8 9 9 9 9
19 20 21 22 23 L23 24 25 26 27 21 22 23 24 258 9 9 9 9 9 9 H H MO 9 9 9 H
2( 2 28 29 30 28 29 30 31
MO 9 9 9' 9 8 9 9 9
MONTH; 178 CUM: 688 MONTH; 143 CUM: 831 MONTH; 178 CUM: 1009
JANUARY '93 FEBRUARY '93 MARCH '93
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
H MO 9 9 9 9 MO 9 9 9 9
4 5 6 7 8 8 9 10 11 12 8 9 10 11 12 .
MO 9 9 9 9 8 9 9 9 9 8 9 9 9 9
11 12 13 14 15 15 16 17 18 19 15 16 17 18 19
9 1 9 1 9 9 9 H TO 9 9 9 1 MO 9 9 9 9 "1
LH2
19 20 21 22 22 23 24 25 26 22 23 24 25 26
TO 9 9 9 9 9 9 9 9 8 9 9 9 9
26 2? 28 29 30 31
9 9 9 929 MO 9 9
MONTH: 153 CUM: 1162 MONTH: 152 CUM: 1314 MONTH; 178 CUM: 1492
APRIL '93 MAY '93 JUNE '93
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
41
9 9 F17
9 9 9 9 9 9 9 9
5 6 7 8 9 11 12 13 14 7 8 9 10 11
8 9 9 9 9 9 9 9 9 MO 9 9 9 9
12 13 14 15 16 18 19 20 21 14 15 16 17 18
MO 9 9 9 9 8 9 9 9 9 8 . 9 9 9 9
19 20 21 22 23 24 25 26 27 28 21 22 23 24 25
8 9 9 9 9 MO 9 9 9 9 MO 9 9 9 9
26 27 28 29 30 31 28 29 30
MO 9 9 9 9 H 8 9 9
MONTH; 178 CUM: 1670 MONTH: 160 CUM: 1830 MONTH; 178 CUM: 2008
ASSESSOR'S OFFICE
1992-93 9/80 SCHEDULE
PLAN "D"
JULY '92 AUGUST '92 SEPTEMBER '92
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
71
11
9 9 H 8 9 9 9 9 9 9 9 9
F13
8 9 10 10 11 12 13d28
8 9 10 11
9 9 9 9 MO 9 9 9 H TO 9 9 9
14 15 16 17 17 18 19 20 14 15 16 17 18
MO 9 9 9 9 8 9 9 9 9 9 9 9 9
20 21 22 23 24 24 25 26 27 21 22 23 24 25
8 9 9 9 9 MO 9 9 9 9 MO 9 9 9 9
27 28 29 30 31 31 28 29 30
MO 9 9 9 9 8 8 9 1 9
MONTH; 179 CUM: 179 MONTH: 168 CUM: 347 MONTH: 170 CUM: 517
OCTOBER '92 NOVEMBER '92 DECEMBER '92
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
9 9 rg
9 9 9 9 9 9 9 9
5 6 7 8 9 10 11 12 13 7 8 9 10 11
MO 9 9 9 9 9 H 9 9 9 9 9 9 9
12 13 14 15 16 17 18 19 20 14 15 16 17 18
8 9 9 9 9 MO 9 9 9 9 MO 9 9 9 9
19 20 21 22 23 23 24 25 26 27 21 22 23 24 25
MO 9 9 9 9 9 9 9 H H 9 9 9 9 H
26 27 28 29 30 30 28 29 30 31
8 9 9 9 91
MO IMO 9 9 9
MONTH; 178 CUM: 695 MONTH; 134 CUM: 829 MONTH: 180 CUM: 1009
JANUARY '93 FEBRUARY '93 MARCH '93
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
21
51
H 9 9 9 9 9 8 9 9 9 9
4 5 6 7 8 8 9 10 11 12 8 9 10 11 12
9 9 9 9 9 MO 9 9 9 9 MO 9 9 9 9
11 12 13 14 15 15 16 17 18 19 15 16 17 18 19
MO 9 9 9 9 H 9 9 9 9 8 9 9 9 9
18 19 20 21 22 22 23 24 25 26 22 23 24 25 26
H 9 9 9 9 MO 9 9 9 9 MO 9 9 9 9
25 26 27 28 29 29 30 31
MO 9 9 9 9 8 9 9
I I III I -I — I a - I I ij
MONTH: 153 CUM: 1162 MONTH; 153 CUM: 1315 MONTH; 186 CUM: .1501
APRIL '93 MAY '93 JUNE '93
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
9 9 MO 9 9 9 9 TO 9 9 9
5 6 7 8 9 10 11 12 13 14 " 7 8 9 10 11
MO 9 9 9 9 8 9 9 9 9 8 9 9 9 9
12 13 14 15 16 17 18 19 20 21 1 14 15 16 17 18
8 9 9 9 9 MO 9 9 9 9 MO 9 9 9 9
19 20 21 22 23 24 25 26 27 28 r2l 22 23 24 25
MO 9 9 9 9 8 9 9 9 9 9 9 9 9
26 27 28 29 30 31 29 30
8 9 9 9 9 H MO 9 9
MONTH; 178 CUM: 1679 MONTH; 160 CUM: 1839 MONTH; 169 CUM: 2008
ATTACHMENT D
Contra Personnel Department
Costa Administration Bldg.
t � 651 Pine Street
County/ Martinez, California 94553-1292
�6y..
r,,coSx.C'{
February 12, 1992
David Thacker, President
Contra Costa County Appraisers' Assn.
P. O. Box 63
Martinez CA 94553
r
RE: SALARY ADJUSTMENT
Dear Mr. Thacker:
This side letter confirms agreement regarding salary adjustments for Associate
Appraiser and Appraiser Analyst classifications.
In 1989 a study was conducted to determine if an inequitable relationship existed
between the classes of Associate Appraiser and Appraiser Analyst and the
classification of Senior Auditor-Appraiser. At the time of the study there was a 9-
1/2%
-
1/2% pay differential between the classes. It was determined that an inequitable
relationship did exist and that the 9-1/2% differential should be eliminated. In July
1990 a 3% adjustment was made to the classes of Associate Appraiser and Appraiser
Analyst in order to begin closing the salary gap.
We agree that retroactive to October 1, 1991 an additional 3% salary adjustment will
be made to the Associate Appraiser and Appraiser Analyst classifications to further
close the salary gap.
We also agree that on October 1, 1992 an additional 3.2% will be granted to these
positions to bring the Associate Appraiser in parity with the Senior Auditor-
Appraiser and enable the Appraiser Analyst to maintain the current 2% differential
above the Associate Appraiser and Senior Auditor-Appraiser. The October 1, 1992
adjustment of 3.2% is dependent upon the funding being available in the Assessor's
budget.
The above adjustments are separate and apart from any other salary adjustments in
the MOU effective October 1, 1991, between Contra Costa County and the Contra
Costa County Appraisers' Association.
_ 2 _
If the foregoing conforms to your understanding, please indicate your approval and
acceptance in the space provided below.
Dated: 6
Contra Costa County Appraisers' Association
Richard K. Heyne David Thacker, President
Employee Relation er
Assessor's Department
Robert Nash
i
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