HomeMy WebLinkAboutMINUTES - 11171992 - 1.6 (3) 114 ,
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 17, 1992 by the following vote:
AYES: Supervisors Powers, Fanden, "Schroder, Torlakson, McPeak
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NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT:
Approval of Memorandum of Understanding )
with Western Council of Engineers ) Resolution No. 92/ 765
The Contra Costa County Board of Supervisors RESOLVES THAT:
1. On May 5, 1992 the Employee Relations Manager submitted a Memorandum of
Understanding dated April 27, 1992, entered into with Western Council of
Engineers for employees represented by the Council.
2. This Board having thoroughly considered said Memorandum of Understanding,
the same is approved.
3. Salaries and Terms and Conditions of Employment, Western Council of
Engineers. The Memorandum of Understanding with Western Council of
Engineers is attached hereto, and Section Numbers 1 through 48 inclusive and
Attachments are incorporated herein as if set forth in full and made applicable
to the represented employees.
4. If an Ordinances) 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.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of th3
Board of Supe ' ors on the date hown.
ATTESTED: --,/yl--A*z
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
6Y' - .Deputv
Orig. Dept. : Personnel (Contact Eileen Bitten @ 646-4054)
cc: Auditor-Controller
Operating Departments
Western Council of Engineers
RESOLUTION NO. 92/765
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
WESTERN COUNCIL OF ENGINEERS
EFFECTIVE
OCTOBER 1, 1991 - SEPTEMBER 30, 1993
WESTERN COUNCIL OF ENGINEERS
TABLE OF CONTENTS
DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION 1 COUNCIL RECOGNITION . . . . . . . . . . . . . . . . . . . . . . 3
SECTION 2 COUNCIL SECURITY
2.1 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.2 Communicating With Employees . . . . . . . . . . . . . . . . . . . 3
2.3 Use of County Buildings . . . . . . . . . . . . . . . . . . . . . . . 4
2.4 Advance Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.5 Written Statement for New Employees . . . . . . . . . . . . . . . . 5
2.6 Distribution of Materials . . . . . . . . . . . . . . . . . . . . . . . 5
2.6 Section 11 of 1977-79 MOU . . . . . . . . . . . . . . . . . . . . . . 5
SECTION 3 NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . 5
SECTION 4 OFFICIAL COUNCIL REPRESENTATIVES
4.1 Attendance at Meetings . . . . . . . . . . . . . . . . . . . . . . . 5
4.2 Council Representatives . . . . . . . . . . . . . . . . . . . . . . . 6
SECTION 5 SALARIES
5.1 General Wage Increases . . . . . . . .. . . . . . . . . . . . . . . . 6
5.2 Lump Sum Payment . . . . . . . . . . . . . . . . . . . . . . . 6
5.3 Entrance Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5.4 Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5.5 Increments Within Range . . . . . . . . . . . . . . . . . . . . . . . 7
5.6 Part-Time Compensation . . . . . . . . . . . . . . . . . . . . . . . 8
5.7 Compensation for Portion of Month . . . . . . . . . . . . . . . . . 8
5.8 Position Reclassification . . . . . . . . . . . . . . . . . . . . . . . 8
5.9 Salary Reallocation & Salary on Reallocation . . . . . . . . . . . 9
5.10 Salary on Promotion . . . . . . . . . . . . . . . . . . . . . . . . . 9
5.11 Salary on Appointment From a Layoff List . . . . . . . . . . . . . 9
5.12 Salary on Involuntary Demotion . . . . . . . . . . . . . . . . . . 10
5.13 Salary on Voluntary Demotion . . . . . . . . . . . . . . . . . . . 10
5.14 Transfer . . . . . . . . . . . . . . . . . 10
5.15 Pay for Work in Higher Classification . . . . . . . . . . . . . . . 10
5.16 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5.17 Pay Warrant Errors . . . . . . . . . . . . . . . . . . . . . . . . . 12
SECTION 6 DAYS & HOURS OF WORK . . . . . . . . . . . . . . . . . . . . . 12
SECTION 7 OVERTIME & COMPENSATORY TIME
7.1 Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7.2 Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . . . 13
7.3 Fair Labor Standards Act Provisions . . . . . . . . . . . . . 14
SECTION 8 CALL BACK TIME . . . . . . . . . . . . . . . . . . . . . . . . . 14
SECTION 9 ON-CALL DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . 15
SECTION 10 SHIFT DIFFERENTIAL . . . . . . . . . . . . . . . . . . . . . . . 15
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SECTION 11 SEPARATION THROUGH LAYOFF
11.1 Grounds for Layoff . . . . . . . . . . . . . . . . . . . . . . . . . 15
11.2 Order of Layoff . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
11.3 Layoff by Displacement . . . . . . . . . . . . . . . . . . . . . . 15
11.4 Particular Rules on Displacing . . . . . . . . . . . . . . . . . . 16
11.5 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11.6 Eligibility for Layoff List . . . . . . . . . . . . . . . . . . . . 17
11.7 Order of Names on Layoff . . . . . . . . . . . . . . . . . . . . . 17
11.8 Duration of Layoff and Reemployment Rights . . . . . . . . . . 17
11.9 Certification of Persons From Layoff Lists . . . . . . . . . . . . 17
11.10 Removal of Names From Reemployment & Layoff Lists . . . . . . 17
11.11 Council Notification . . . . . . . . . . . . . . . . . . . . . . . . . 18
SECTION 12 HOLIDAYS
12.1 Holidays Observed . . . . . . . . . . . . . . . . . . . . . . . . . 18
12.2 Application of Holiday Credit . . . . . . . . . . .. . . . . . . . . 19
12.3 Permanent Part-Time Employees . . . . . . . . . . . . . . . . . . 19
12.4 4/10 Shift Holidays . . . . . . . . . . . . . . . . . . . . . . 19
12.5 9/80 Shift Holidays . . . . . . . . . . . . . . . . . . . . . . . 19
12.6 Accrual of Holiday Time & Credit . . . . . . . . . . . . . . . . . 20
SECTION 13 VACATION
13.1 Vacation Allowance . . . . . .. . . . . . . . . . . . . . . . . . . . 20
13.2 Vacation Accrual Rates . . . . . . . . . . . . . . . . . . . . . . . 21
13.3 Bridging of Service . . . . . . . . . . . . . . . . . . . . . . . . . 21
13.4 Accrual During Leave Without Pay . . . . . . . . . . . . . . . . 21
13.5 Vacation Allowance for Separated Employees . . . . . . . . . . . 21
13.6 Preference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
SECTION 14 SICK LEAVE
14.1 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
14.2 Credits to & Charges Against Sick Leave . . . . . . . . . . . . 21
14.3 Policies Governing Use of Paid Sick Leave . . . . . . . . . . . . 22
14.4 Administration of Sick Leave . . . . . . . . . . . . . . . . . . . 24
14.5 Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
14.6 Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . .28
14.7 Coordination of Benefits . . . . . . . . . . . . . . . . . . . . . . 29
14.8 Accrual During Leave Without Pay . . . . . . . . . . . . . . . . 29
14.9 Disability Insurance Review Committee . . . . . . . . . . . . . . 29
14.10 Sick Leave Coalition . . . . . . . . . . . . . . . . . . . . . . . . 29
SECTION 15 LEAVE OF ABSENCE
15.1 Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . 29
15.2 Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
15.3 Leave of Absence Replacement . . . . . . . . . . . . . . . . . . 30
15.4 Salary Review While on Leave of Absence. . . . . . . . . . . . . 30
15.5 Unauthorized Absence . . . . . . . . . . . . . . . . . . . . . . . 30
15.6 Furlough Days Without Pay . . . . . . . . . . . . . . . . . . . . 30
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SECTION 16 JURY DUTY AND WITNESS DUTY . . . . . . . . . . . . . . . . . 32
SECTION 17 HEALTH AND WELFARE, LIFE AND DENTAL CARE
17.1 County Programs . . . . . . . . . . . . . . . . . . . . . . . . . . 33
17.2 Health & Dental Subvention . . . . . . . . . . . . . . . . . . . . 33
17.3 Rate Information . . . . . . . . . . . . . . . . . . . . . . . . . . 34
17.4 Medicare Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
17.5 Partial Month . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
17.6 Coverage During Absences . . . . . . . . . . . . . . . . . . . . 34
17.7 Retirement Coverage . . . . . . . . . . . . . . . . . . . . . . . . 35
17.8 Dual Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
SECTION 18 PROBATIONARY PERIOD
18.1 Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
18.2 Revised Probationary Period . . . . . . . . . . . . . . . . . . . 35
18.3 Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
18.4 Rejection During Probation . . . . . . . . . . . . . . . . . . . . 35
18.5 Regular Appointment . . . . . . . . . . . . . . . . . . . . . 36
18.6 Layoff During Probation . . . . . . . . . . . . . . . . . . . . . . 37
18.7 Rejection During Probation of Layoff Employee . . . . . . . . . 37
SECTION 19 PROMOTION
19.1 Competitive Exam . . . . . . . . . . . . . . . . . . . . . . . . . . 37
19.2 Promotion Policy . . . . . . . . . . . . . . . . . . . . . . . . . . 37
19.3 Open Exams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
19.4 Promotion Via Reclassification Without Examination . . . . . . . 37
19.5 Requirements for Promotional Standing . . . . . . . . . . . . . 38
19.6 Seniority Credits . . . . . . . . . . . . . . . . . . . . . . . . . . 38
19.7 Physical Examinations . . . . . . . . . . . . . . . . . . . . . . . 38
SECTION 20 TRANSFER
20.1 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
20.2 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
SECTION 21 RESIGNATIONS
21.1 Resignation in Good Standing . . . . . . . . . . . . . . . . . . . 39
21.2 Constructive Resignation . . . . . . . . . . . . . . . . . . . . . 39
21.3 Effective Resignation . . . . . . . . . . . . . . . . . . . . . . . . 39
21.4 Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
21.5 Coerced Resignations . . . . . . . . . . . . . . . . . . . . . . 40
SECTION 22 DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY
AND DEMOTION
22.1 Sufficient Cause for Action . . . . . . . . . . . . . . . . . . . . 40
22.2 Skelly Requirements . . . . . . . . . . . . . . . . . . . . . . . . 41
22.3 Employee Response . . . . . . . . . . . . . . . . . . . . . . . . . 42
22.4 Leave Pending Employee Response . . . . . . . . . . . . . . . . 42
22.5 Length of Suspension . . . . . . . . . . . . . . . . . . . . . . . 42
22.6 Procedure on Disciplinary Action . . . . . . . . . . . . . . . . . 42
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SECTION 23 GRIEVANCE PROCEDURE
23.1 Definition and Procedural Steps . . . . . . . . . . . . . . . . . . 42
23.2 Scope of Adjustment Board and Arbitration Decisions . . . . . . 44
23.3 Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
23.4 Compensation Complaints . . . . . . . . . . . . . . . . . . . . . 44
23.5 Strike/Work Stoppage . . . . . . . . . . . . . . . . . . . . . . . 45
23.6 Merit Board . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 45
23.7 Filing by Council . . . . . . . . . . . . . . . . . . . . . . . . . . 45
SECTION 24 RETIREMENT CONTRIBUTION . . . . . . . . . . . . . . . . 45
SECTION 25 TRAINING REIMBURSEMENT . . . . . . . . . . . . . . . . . . . 45
SECTION 26 MILEAGE REIMBURSEMENT . . . . . . . . . . . . . . . . . . . . 46
SECTION 27 PERSONNEL FILES . . . . . . . . . . . . . . . . . . . . . . . . . 46
SECTION 28 PROFESSIONAL DEVELOPMENT
28.1 Professional Development Reimbursement . . . . . . . . . . . . 47
28.2 Professional Examination Time Off . . . . . . . . . . . . . . . . 48
SECTION 29 FLEX-TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
SECTION 30 BOOK REIMBURSEMENT . . . . . . . . . . . . . . . . . . . . . . 48
SECTION 31 SAFETY SHOES & PRESCRIPTION SAFETY EYEGLASSES 48
SECTION 32 SERVICE AWARDS . . . . . . . . . . . . . . . . . . . . . . . 48
SECTION 33 REIMBURSEMENT FOR MEAL EXPENSES . . . . . . . . . . . . . 49
SECTION 34 PERSONAL PROPERTY REIMBURSEMENT . . . . . . . . . . . . 49
SECTION 35 LENGTH OF SERVICE DEFINITION . . . . . . . . . . . . . . . . 50
SECTION 36 PERMANENT PART-TIME EMPLOYEE BENEFITS . . . . . . . . . 50
SECTION 37 PERMANENT INTERMITTENT EMPLOYEE BENEFITS . . . . . . 50
SECTION 38 PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN . . . . 50
SECTION 39 PROVISIONAL EMPLOYEE BENEFITS . . . . . . . . . . . . . . . 51
SECTION 40 REGISTRATION DIFFERENTIAL . . . . . . . . . . . . . . . . . 51
SECTION 41 MALPRACTICE COVERAGE . . . . . . . . . . . . . . . . . . . . 51
SECTION 42 DEPENDENT CARE SALARY CONTRIBUTION . . . . . . . . . . 51
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SECTION 43 SPECIAL STUDIES . . . . . . . . . . . . . . . . . . . . . . . . 51
SECTION 44 COMMUNITY DEVELOPMENT DEPARTMENT PROCEDURES . . . 52
SECTION 45 ADOPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
SECTION 46 SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS
46.1 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . 52
46.2 Separability of Provisions . . . . . . . . . . . . . . . . . . . . . 52
46.3 Personnel Management Regulations . . . . . . . . . . . . . . . . 53
46.4 Duration of Agreement . .. . . . . . . . . . . . . . . . . . . . . . 53
SECTION 47 UNFAIR LABOR PRACTICE . . . . . . . . . . . . . . . . . . 53
SECTION 48 PAST PRACTICES & EXISTING MOU'S . . . . . . . . . . . . 53
ATTACHMENTS
ATTACHMENT A - PROJECT POSITIONS
ATTACHMENT B - CLASS & SALARY LISTING
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
WESTERN COUNCIL OF ENGINEERS
This Memorandum of Understanding is entered into pursuant to the authority
contained in Division 34 of Board of Supervisors Resolution 81/1165 and has been
jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of
Contra Costa County in employer-employee relations matters as provided in Board
of Supervisors Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the Council
is the recognized representative, have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on all matters relating to the
employment conditions and employer-employee relations covering such employees.
This Memorandum of Understanding shall be presented to the Contra Costa County
Board of Supervisors, as the governing board of the County and appropriate fire
districts, as the joint recommendations of the undersigned for salary and employee
benefit adjustments for the period commencing October 1, 1991 and ending September
30, 1993.
Special provisions and restrictions pertaining to Project employees covered by this
Memorandum of Understanding are contained in Attachment A which is .attached
hereto and made a part hereof.
DEFINITIONS:
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
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.
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.
Permanent Status: Appointment to a position which must be confirmed by successful
completion of the probationary period specified for the class.
Project Employee: An employee who is engaged in a time limited program or service
by reason of limited or restricted funding. Such positions are typically funded from
outside sources but may be funded from County revenues.
Promotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is higher than the top step of the
class which the employee formerly occupied, except as 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.
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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.
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 - COUNCIL RECOGNITION
The Council is formally recognized as the exclusive representative for the employees
assigned to the Professional Engineer Unit and has been certified as such pursuant
to Board Resolution 81/1165.
SECTION 2 - COUNCIL SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board Resolution 81/1165 only
a majority representative may have dues deduction and as such the Council has the
exclusive privilege of dues deduction for all members in its units.
Dues deduction shall be based on the voluntary written authorization of the employee
which shall remain in effect so long as the employee remains in a unit represented by
the Council unless such authorization is canceled in writing by the employee. The
dues deduction shall be for an amount specified by the Council. The Council shall
.indemnify, defend, and hold the County harmless against any claims made and
against any suit instituted against the County on account of dues deduction. The
Council shall refund to the County any amounts paid to it in error upon presentation
of supporting evidence.
2.2 Communicating With Employees. The Council shall be allowed to use designated
portions of bulletin boards or display areas in public portions of County buildings
or in public portions of offices in which there are employees represented by the
Council, provided the communications displayed have to do with official organization
business such as times and places of meetings and further provided that the
employee organization appropriately posts and removes the information. The
Department Head reserves the right to remove objectionable materials after
notification to and discussion with the Council.
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Representatives of the Council, not on County time, shall be permitted to place a
supply of employee literature at specific locations in County buildings if arranged
through the Employee Relations Officer; said representatives may distribute
employee organization literature in work areas (except work areas not open to the
public) if the nature of the literature and the proposed method of distribution are
compatible with the work environment and work in progress.
Such placement and/or distribution shall not be performed by on duty employees.
The Council shall be allowed access to work locations in which it represents
employees for the following purposes:
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 a council officer
on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements, including disclosure of which of the above purposes
is the reason for the visit, will be made with the departmental representative in
charge of the work area, and the visit will not interfere with County services.
2.3 Use of County Buildings. The Council shall be allowed the use of areas
normally used for meeting purposes for meetings of County employees during non-
work hours when:
a. Such space is available and its use by the Council 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 Council 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.
2.4 Advance Notice. The Council shall, except in cases of emergency, have the
right to reasonable notice of any ordinance, rule, resolution or regulation directly
relating to matters within the scope of representation proposed to be adopted by the
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Board, or boards and commissions designated by the Board, and to meet with the
body considering the matter.
The listing of an item on a public agenda or the mailing of a copy of a proposal at
least seventy-two (72) hours before the item will be heard, or the delivery of a copy
of the proposal at least twenty-four (24) hours before the item will be heard, shall
constitute notice.
In cases of emergency when the Board, or boards and commissions designated by the
Board determines it must act immediately without such notice or meeting, it shall give
notice and opportunity to meet as soon as practical after its action.
2.5 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification in any of the bargaining
units represented by the Council, that the employee's classification is represented
by the Council and the name of a representative of the Council. The County will
provide the employee with a packet of information which has been supplied by the
Council and approved by the County. The County will also provide the addresses of
new employees to the Council if the employee consents in writing to the County
providing this information to the Council.
2.6 Distribution of Materials. The Council may distribute materials to designated
Council representatives through the County distribution channels if approved by the
Personnel Director or his designee. The decision of the Personnel Director is final
and not subject to the grievance procedure. This privilege may be revoked in the
event of abuse after the Personnel Director consults with the Council.
2.7 Section 11 of 1977-79 MOU. Section 11 of the 1977-1979 Memorandum of
Understanding between the County and Western Council of Engineers shall be
continued for the duration of this Memorandum of Understanding.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin,
sexual orientation or Council activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the extent
prohibited by applicable State and Federal law there shall be no discrimination
because of age. There shall be no discrimination against any handicapped person
solely because of such handicap unless that handicap prevents the person from
meeting the minimum standards established for the position or from carrying out the
duties of the position safely or in a manner that does not endanger the health of such
person. There shall be no discrimination because of Union membership or legitimate
union activity against any employee or applicant for employment by the County or
anyone employed by the County.
SECTION 4 - OFFICIAL COUNCIL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as official council represen-
tatives shall be allowed to attend meetings held by County agencies during regular
working hours on County time as follows:
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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 schedule at reasonable times
agreeable to all parties, required for settlement of grievances filed pursuant
to Section 23 (Grievance Procedure) of this Memorandum.
d. If they are designated as a council representative in which case they may
utilize a reasonable time at each level of the proceedings to assist an employee
to present a grievance, provided the meetings are scheduled at reasonable
times agreeable to all parties.
e. If they are designated as spokesperson or representative of the Council and
as such make representations or presentations at meetings or hearings on
wages, salaries and working conditions; provided in each case advance
arrangements for time away from the employee's work station or assignment are
made with the appropriate Department Head, and the. County agency calling
the meeting is responsible for determining that the attendance of the
particular employee(s) is required.
4.2 Council Representative. Official representatives of the Council shall be
allowed time off on County time for meetings during regular working hours when
formally meeting and conferring in good faith or consulting with the Employee
Relations Officer or other management representatives on matters within the scope
of representation, provided that the number of such representatives shall not exceed
two (2) without prior approval of the Employee Relations Officer, and that advance
arrangements for the time away from the work station or assignment are made with
the appropriate Department Head.
SECTION 5 - SALARIES
5.1 General Wage Increases.
A. Effective April 1, 1992 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%) .
5.2 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 period from October 1, 1991 through March 31,
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
be multiplied by 3%. The sum of the above computations will be added to the
employee's June 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.
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If the employee believes there is an underpayment resulting from this methodology
exceeding $30.00, the employee should contact the Personnel Department. The
Personnel Department and the Auditor's office will investigate and issue/generate
the additional pay, if owed, as soon as possible.
5.3 Entrance Salary. New employees shall generally be appointed at the minimum
step of the salary range established for the particular class of position to which the
appointment is made. However, the appointing authority may fill a particular
position at a step above the minimum of the range.
5.4 Anniversary Dates. Except as may otherwise be provided for in deep class
resolutions, anniversary dates will be set as follows:
A. New Employees. The anniversary date of a new employee is the first day
of the calendar month after the calendar month when the employee
successfully completes six (6) months service provided however, if an
employee began work on the first regularly scheduled workday of the
month the anniversary date is the first day of the calendar month when the
employee successfully completes six months service.
B. Promotions. The anniversary date of a promoted employee is determined
as for a new employee in Subsection 5.3.A. above.
C. Demotions The anniversary of a demoted employee is the first day of the
calendar month after the calendar month when the demotion was effective.
D. Transfer, Reallocation and Reclassification. The anniversary date of an
employee who is transferred to another position or one whose position has
been reallocated or reclassified to a class allocated to the same salary
range or to a salary range which is within five percent (5%) 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,
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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
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 authorized paid 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.
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5.9 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class which is
reallocated to a salary range above or below that to which it was
previously allocated, when the number of steps remain the same, shall be
compensated at the same step in the new salary range the employee was
receiving in the range to which the class was previously allocated. If the
reallocation is from one salary range with more steps to a range with fewer
steps or vice versa, the employee shall be compensated at the step on the
new range which is in the same percentage ratio to the top step of the new
range as was the salary received before 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 incumbent shall be
placed at the step in the new class which equals the rate of pay received
before reallocation. In the event that the steps in the range for the new
class do not contain the same rates as the range for the old class, the
incumbent shall be placed at the step of the new range which is next above
the salary rate received in the old range; or if the new range does not
contain a higher step, the 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 supersede
Section 5.9.
5.10 Salary on Promotion. Any employee who is appointed to a position of a class
allocated to a higher salary range than the class previously occupied, except as
provided under Section 5.14, shall receive the salary in the new salary range which
is next higher than the rate received before promotion. In the event this increase
is less than five percent (5%), the employee's salary shall be adjusted to the step in
the new range which is at least five percent (5%) greater than the next higher step;
provided, however, that the next step shall not exceed the maximum salary for the
higher class.
5.11 Salary on Appointment From a Layoff List. In the event of the appointment of
a laid off employee from the layoff list to the class from which the employee was laid
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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 (5%) greater than the next higher step, if the new range
permits such adjustment.
5.12 Salary on Involuntary Demotion. Any employee who is demoted, except as
provided under Section 5.14, shall have his/her salary reduced to the monthly salary
step in the range for the class of position to which he has been demoted next lower
than the salary received before demotion. In the event this decrease is less than
five percent (5%), the employee's salary shall be adjusted to the step in the new
range which is five percent (5%) less than the next lower step; provided however,
that the next step shall not be less than the minimum salary for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of the
demoted employee shall be that step on the salary range which he/she would have
achieved had he/she been continuously in the position to which he/she has been
demoted, all within-range increments having been granted.
5.13 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary schedule lower than that of the class from
which he or she demotes, his or her salary shall remain the same if the steps in his
or her new (demoted) salary range permit, and if not, new salary shall be set at the
step next below former salary.
5.14 Transfer. An employee who is transferred from one position to another as
described under "Transfer" shall be placed at the step in the salary range of the
new class which equals the rate of pay received before the transfer. In the event
that the steps in the range for the new class do not contain the same rates as the
range for the old class, the employee shall be placed at the step of the new range
which is next above the salary rate received in the old range; or if the new range
does not contain a higher step, the employee shall be placed at the step which is next
lower than the salary received in the old range.
Whenever a permanent employee transfers to or from a deep class, as provided in the
appropriate deep class resolutions, the salary of the employee shall. be set. as
provided in the deep class resolutions at a step not to exceed a 5% increase in the
employee's base salary.
However, if the deep class transfer occurs to or from a deep class with 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 base step of the deep class level or class in
which they have status currently.
5.15 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which the
compensation is greater than that to which the employee is regularly assigned, the
employee shall receive compensation for such work at the rate of pay established for
the higher classification pursuant to Subsection 5.10 Salary on Promotion of the
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Memorandum. Effective with the ratification of this MOU, pay for work in a higher
classification will commence on the 73rd 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.
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 employees
option, of the employee's basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less all requested or required
deductions.
The election to receive an advance shall be made on or before April 30 or October 31
of each year or during the first month of employment by filing on forms prepared by
the Auditor-Controller a notice of election to receive salary advance.
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Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.15 all required or
requested deductions from salary shall be taken from the second installment, which
is payable on the tenth (10th) day of the following month.
5.17 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 found in employee pay shall be corrected as soon as possible as to current.
pay rate but that no recovery of either overpayments or underpayments to an
employee shall be made retroactively except for the six month period immediately
preceding discovery of the pay error. This provision shall apply regardless of
whether the error was made by the employee, the appointing authority or designee,
the Director of Personnel or designee, or the Auditor-Controller or designee.
Recovery of fraudulently accrued over or underpayments are excluded from this
section for both parties.
SECTION 6 - DAYS AND HOURS OF WORK
The normal work week of County employees is forty (40) hours between 12:01 a.m.
Monday to 12:00 midnight Sunday, usually five (5) eight-hour days; however, where
operational requirements of a department require deviations from the usual pattern
of five eight-hour days per work week, an employee's work hours may be scheduled
to meet these requirements. The Department Head shall prepare written schedules
in advance to support all deviations, including the complete 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 Union prior to
implementing said new shift.
SECTION 7 - OVERTIME & COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work performed in excess of forty hours
per week or eight hours per day. Overtime for 4/10 shift employees is any work
performed beyond ten hours per day or forty hours per week. All overtime shall be
compensated for at the rate of one and one-half (1-1) 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.
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Employees entitled to overtime credit for holidays in positions which work around the
clock shall be provided a choice as to whether they shall be paid at the overtime rate
or shall receive compensatory time off at the rate of one and one-half hours
compensatory time off for each hour worked. Such compensatory time off, and the
accumulation thereof shall be in addition to the total vacation accumulation permitted
under the terms of this Memorandum of Understanding. The specific provision of
this accumulation are set forth in Section 12.5 of this Memorandum of Understanding.
Regular overtime for 24-hour institutional employees may be accrued as
compensatory time in accordance with Section 7.2 of this Memorandum of
Understanding.
7.2 Compensatory Time. The following provisions shall apply:
a. Employees may periodically elect to accrue compensatory time off in lieu of
overtime pay. Employees shall make a choice, which will remain in effect for
a period of one fiscal year July 1 - June 30. Eligible employees must notify
their Department Head or his/her designee of their intention to accrue
compensatory time off at least seven (7) calendar days prior to July 1 of each
year.
b. The names of those employees electing to accrue compensatory time off shall
be placed on a list maintained by the department. Employees who become
eligible (i.e. , newly hired employees, employees promoting, demoting, etc.)
for compensatory time off in accordance with these guidelines, after the list
has been compiled, will be paid for authorized overtime hours worked until the
preparation of the next annual list, unless such employees 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 one-
hundred twenty (120) hours. Once a one-hundred twenty (120) hour balance
has been attained, authorized overtime hours will be paid at the overtime rate.
If the employee's balance falls below one-hundred twenty (120) hours, the
employee shall again accrue compensatory time off for authorized overtime
hours worked until the employee's balance again reaches one hundred twenty
(120) hours.
e. Accrued compensatory time off shall be carried over for use in.the next fiscal
year; however, as provided in d. above, accrued compensatory time off
balances may not exceed one hundred twenty (120) hours.
f. Employees may not use more than one hundred twenty (120) hours of compen-
satory time off in any fiscal year period (July 1 - June 30) .
g. The-use of accrued compensatory time off shall be by mutual agreement
between the Department Head or his designee and the employee.
Compensatory time off shall not be taken when the employee should be
replaced by another employee who would be eligible to receive, for time
worked, either overtime payment or compensatory time accruals as provided
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for in this Section. This provision may be waived at the discretion of the
Department Head or his or her designee.
h. When an employee promotes, demotes or transfers from one classification
eligible for compensatory time off to another classification eligible for
compensatory time off within the same department, the employee's accrued
compensatory time off balance will be carried forward with the employee.
i. Compensatory time accrual balances will be paid off when an employee moves
from one department to another through promotion, demotion or transfer.
Said payoff will be made in accordance with the provisions and salary of the
class from which the employee is promoting, demoting or transferring as set
forth in J. below.
j. Since employees accrue compensatory time off at the rate of one and one-half
(1-1/2) hours for each hour of authorized overtime worked, accrued
compensatory time balances will be paid off at the straight time rate (two-
thirds (2/3) the overtime rate) for the employee's current salary 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 M.O.U. It is anticipated that compliance with the Act may require
changes in some of the County policies and practices currently in effect or agreed
upon. It 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 Union (employee organizations) and will
meet and confer with said organization regarding the implementation of such
modifications.
SECTION 8 - CALL BACK TIME
Any employee who is called back to duty shall be paid at the appropriate rate for the
actual time worked plus one (1) hour. Such employee called back shall be paid a
minimum of two (2) hours at the appropriate rate for each call back.
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SECTION 9 - ON-CALL DUTY
On-call duty is any time other than time when the employee is actually on duty
during which an employee is not required to be on County premises but stand ready
to immediately report for duty and must arrange so that his/her superior can reach
him/her on ten (10) minutes notice or less. An employee assigned to on-call time
shall be paid one (1) hour of straight time credit for each four (4) hours on such on-
call time unless otherwise provided in the supplemental sections of this Agreement.
Where on-call arrangements exist, the appointing authority shall designate which
employees are on-call unless otherwise provided in the supplemental sections of this
Agreement.
SECTION 10 - SHIFT DIFFERENTIAL
In the hours which qualify for shift differential, employees shall receive five percent
(5%) above their base salary rate.
To qualify for shift differential, an employee must have a regularly assigned daily
work schedule which requires:
a. Completion of more than one and one-half (14/2) 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 position(s)
in the merit service may be laid off when the position is no longer necessary, or for
reasons of economy, lack of work, lack of funds or for such other reason(s) as the
Board of Supervisors deems sufficient for abolishing.the position(s).
11.2 Order of Layoff. The order of layoff in a department shall be based.on inverse
seniority in the class of positions, the employee in that department with least
seniority being laid off first and so on.
11.3 Layoff by Displacement.
A. In the same class. A laid off permanent full time employee may displace an
employee in the department having less seniority in the same class who
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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 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
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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.
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.
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d. If three offers of permanent appointment to the class for which the eligible list
was established have been declined by the eligible.
e. If five certifications for permanent appointment from an open employment list,
including certification to two different departments if the class has permanent
positions in more than one department, have failed to result in selection and
appointment.
f. If the eligible fails to respond to the Director of Personnel or the appointing
authority within five (5) days to written notice of certification mailed to the
person's last known address. Notice shall be sent to the person affected.
11.11 Council Notification. When it appears to the Department Head and/or Employee
Relations Officer that the Board of Supervisors may take action which will result in
the layoff of employees in a representation unit represented by the Council, the
Employee Relations Officer shall notify the Council of the possibility of such layoffs
and shall meet and confer with it regarding the implementation of the action..
The County agrees to give employees ten (10) work days (eight (8) work days for
employees on the 4/10 workweek) notice of layoff except in cases of emergency.
SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe the following holidays:
A. January 1st, known as New Years Day
Third Monday in January known as Dr. Martin Luther King, Jr. Day
Third Monday in February, known as Presidents Day
The last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veteran's Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate
as holidays.
B. Each full time employee shall accrue two (2) hours of personal 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, 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.
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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 and unless otherwise provided for in other Sections of this Agreement.
d. If any holiday listed in Section 12.1.A. above, falls on a Saturday, it shall be
celebrated on the preceding Friday. If any holiday listed in Section 12.1.A.
falls on a Sunday, it shall be celebrated on the following Monday. For
employees in positions assigned to units or,services on a shift operational
cycle which includes a Saturday or Sunday as designated by the appointing
authority (rather than Monday through Friday 8 hours per day or a
designated 4-10 or 9-80 schedule) holidays shall be observed on the day on
which the holiday falls regardless if it is a Saturday or Sunday.
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 bears to the number
of hours in the regular full time schedule, regardless of whether the holiday falls on
the part-time employee's regular work day.
12.4 4/10 Shift Holidays.
A. Holiday Shift Pay. For all employees, if a work day falls on a 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 (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.
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B. Absence on Holiday. The maximum time charged to sick leave, vacation,
or leave without pay on a holiday shall be one (1) hour.
12.6 Accrual of Holiday Time & Credit. Employees entitled to holiday credit shall
be permitted to elect between pay or compensatory time off in recognition of holidays
worked.
The following procedures shall apply to this selection:
a. Any person who is eligible and who elects to accrue holiday credit must agree
to do so for a full fiscal year (July 1 through June 30) or the remainder
thereof.
b. Employees starting work after a list of those electing to accrue holiday credit
has been submitted to the Auditor and approved will be paid overtime unless
they specifically request in writing within seven (7) calendar days to be
placed on the holiday credit accrual list.
C. Holiday time shall be accrued at the rate specified above to a maximum of eight
(8) hours worked by the employee.
d. Accrued holiday credit may not be accumulated in excess of two hundred
eighty-eight (288) working hours, exclusive of regular vacation accruals.
After 288 hours, holiday time shall be paid at the rates specified above.
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 6 calendar months of employment (not necessarily synonymous
with probationary status) except where sick leave is exhausted; and none shall be
allowed in excess of actual accrual at the time vacation is taken. Vacation may be
taken in increments of 1/10 hour.
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13.2 Vacation Accrual Rates. 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
Employees in permanent part-time and permanent-intermittent positions shall accrue
vacation benefits on a pro rata basis as provided in Section 36-1.006 of Board
Resolution 81/1165.
13.3 Bridging of Service. Employees who are rehired and have their service
bridged in accordance with the provisions of this Memorandum of Understanding
shall have their prior service time count toward longevity accrual.
13.4 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.
13.6 Preference. Preference of vacation shall be given to employees according to
their seniority in their department as reasonably as possible unless otherwise
provided in the supplemental sections of this Agreement.
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 hours 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.
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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.
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
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:
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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 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
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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:
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.
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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.
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 sickleave 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 employees
duties.
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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 findings on such
examination. If the report shows that such employee is physically or
mentally incapacitated for the performance of duty, the appointing
authority may take such action as he deems necessary in accordance with
appropriate provisions of this Memorandum of Understanding.
E. Before an employee is placed on an unpaid leave of absence or suspended
because of physical or mental incapacity under (A) or (B) above, the
employee shall be given notice of the proposed leave of absence or
suspension by letter or memorandum, delivered personally or by certified
mail, containing the following:
1. a statement of the leave of absence or suspension proposed;
2. the proposed dates or duration of the leave or suspension which may
be indeterminate until a certain physical or mental health condition has
been attained by the employee;
3. a statement of the basis upon which the action is being taken;
4. a statement that the employee may review the materials upon which the
action is taken;
5. a statement that the employee has until a specified date (not less than
seven (7) work days from personal delivery or mailing of the notice)
to respond to the appointing authority orally or in writing.
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F. Pending response to the notice the appointing authority for .cause
specified in writing may place the employee on a temporary leave of
absence, with pay.
G. The employee to whom the notice has been delivered or mailed shall have
seven (7) work days to respond to the appointing authority either orally
or in writing before the proposed action may be taken.
H. After having complied with the notice requirements above, the appointing
authority may order the leave of absence or suspension in writing stating
specifically the basis upon which the action is being taken, delivering the
order to the employee either personally or by certified mail, effective
either upon personal delivery or deposit in the U.S. Postal Service.
I. An employee who is placed on leave or suspended under this section may,
within ten (10) calendar days after personal delivery or .mailing to the
employee of the order, appeal the order in writing through the Director
of Personnel to the Merit Board. Alternatively, the employee may file a
written election with the Director of Personnel waiving the employee's
right to appeal to the Merit Board in favor of appeal to a Disability Review
Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability Review
Arbitrator, the employee has the burden of proof to show that either:
1. the physical or mental health condition cited by the appointing
authority does not exist, or
2. the physical or mental health condition does. exist, but it is not
sufficient to prevent, preclude, or impair the employee's performance
of duty, or is not sufficient to endanger the health or safety of the
employee, other employees, or the public.
K. If the appeal is to the Merit Board, the. order and appeal shall be
transmitted by the Director of Personnel to the Merit Board for hearing
under the Merit Board's Procedures, Section 1114-1128 inclusive. Medical
reports submitted in evidence in such hearings shall remain confidential
information and shall not be a part of the public record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and his
representative) will meet with the County's representative to mutually
select the Disability Review Arbitrator, who may be a de facto arbitrator,
or a physician, or a rehabilitation specialist, or some other recognized
specialist mutually selected by the parties. The arbitrator shall hear and
review the evidence. The decision of the Disability Review Arbitrator
shall be binding on both the County and the employee.
Scope of the Arbitrator's Review.
1. The arbitrator may affirm, modify or revoke the leave of absence or
suspension.
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2. The arbitrator may make his decision based only on evidence submitted
by the County and the employee.
3. The arbitrator may order back pay or paid sick leave credits for any
period of leave of absence or suspension if the leave or suspension is
found not to be sustainable, subject to the employee's duty to mitigate
damages.
4. The arbitrator's fees and expenses shall be paid one-half by the
County and one-half by the employee or employee's association.
14.6 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. determining
Workers' Compensation Benefits.
B. Three (3) consecutive calendar days following the last day worked
constitutes a waiting period before Workers' Compensation starts. The
time the employee is scheduled to work during this waiting period will be
charged to the employee's sick leave and/or vacation accruals. In order
to qualify for Workers' Compensation the employee must be under the care
of a physician. Temporary compensation is payable on the first three (3)
days of disability when the injury necessitates 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 Personnel Department, Safety Division.
Whenever an employee who has been injured on the job and has returned
to work is required by an attending physician to leave work for treatment
during working hours the employee shall be allowed time off up to three
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(3) hours for such treatment without loss of pay or benefits. This
provision applies only to injuries that have been accepted by the County
as a job connected injury.
D. Full pay beyond one year. If an injured employee remains eligible for
temporary disability beyond one year, full salary will continue by
integrating sick leave and/or vacation accruals with workers' 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 integrating sick leave and/or vacation accruals with
workers' compensation rehabilitation temporary disability benefits until
those accruals are exhausted. Thereafter, the rehabilitation temporary
disability benefits will be paid directly to the employee.
F. Health Insurance. The County contribution to the employee's group
insurance plans) continues during the continuing pay period and during
integration of sick leave or vacation with workers' compensation benefits.
G. Method of Integration:
An employee's sick leave and/or vacation charges shall be calculated as
follows: C = 8 [1 - (W S)]
C = sick leave or vacation charge per day (in hours)
W = statutory workers' compensation for a month
S = monthly salary
14.7 Coordination of Benefits. 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.
14.10 Sick Leave Coalition. The County agrees to meet and confer with a coalition
of employee organizations, including this council, to revise the Countywide Sick
Leave Policy. Such meet and confer sessions shall take place during the term of this
memorandum of understanding.
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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
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 14.3.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
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employee not being permitted to return to work until the required notice period has
elapsed.
Except with respect to leave due to pregnancy, illness or disability, the decision of
the appointing authority on granting or denying a leave of absence shall be subject
to appeal to the Personnel Director and not subject to appeal through the grievance
procedure set forth in Section 23 of this Memorandum of Understanding.
15.2 Military Leave. Any employee in the merit system who is required to serve as
a member of the State Militia or the United States Army, Navy, Air Force, Marine
Corps, Coast Guard or any division thereof shall be granted a military leave for the
period of such service, plus ninety (90) days. An employee who volunteers for such
service shall be granted a leave of absence if necessary in accordance with applicable
state or federal laws. Upon the termination of such service or upon honorable
discharge, the employee shall be entitled to return to his/her position in the
classified service provided such still exists and the employee is otherwise qualified,
without any loss of standing of any kind 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.
15.3 Leave of Absence Replacement. Any permanent employee in the merit system
who requests reinstatement to the classification held by the employee in the same
department at the time the employee was granted a leave of absence, shall be
reinstated to that classification and department.
In case of severance from service by reason of the reinstatement of a permanent
employee, the provisions of Section 11 - Layoff and Seniority) shall apply.
15.4 Salary Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a County position on any anniversary date and who has not
been absent from the position on leave without pay more than six (6) months during
the preceding year shall be reviewed on the anniversary date. Employees on military
leave shall receive salary increments that may accrue to them during the period of
military leave.
15.5 Unauthorized Absence. An unauthorized absence from the work site or failure
to report for duty after a leave request has been disapproved, revoked, or canceled
by the appointing authority, or at the expiration of a leave shall be without pay.
Such absence may also be grounds for disciplinary action.
15.6 Furlough Days Without Pay. Subject to the prior written approval of the
appointing authority, employees may elect to take furlough days or hours without
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pay (pre-authorized absence without pay), up to a maximum of 15 calendar days for
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 12.3, 13.1, and 14.2 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.
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 jury duty and elects to remain in a regular pay status and
waive all fees (other than mileage allowances) received, the employee shall obtain
from the Clerk or Jury Commissioner a certificate which shall indicate the days
attended and the fact that fees other than mileage are waived. The employee shall
furnish the court certificate to his/her department, which shall be retained as a
department record. When serving jury duty in a federal court, an employee shall
return all fees (other than mileage allowance) received to the County.
When an 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 may and leave or leave
without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters (e.g.. ,
accident suits and family relations) shall take vacation leave or leave without pay and
retain all witness fees paid to them.
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Retention or waiver of fees shall be governed by the same provisions as apply to jury
duty as set forth in Section 16 of this Memorandum of Understanding. Employees
shall advise their department as soon as possible if scheduled to appear for.witness
duty. Permanent intermittent employees are entitled to paid witness duty only for
those days on which they were previously scheduled to work.
SECTION 17 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
17.1 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 MOU, all conditions
and agreements regarding health, dental and related benefits contained in the
January 28, 1992 Letter of Agreement between the County and the Health Care
Coalition shall be in effect.
Any increase in the Health Plan costs greater than the County. contributions
identified above occurring during the duration of this Memorandum of Understanding
shall be borne by the employee.
17.2 Health and Dental Subvention. The following rates apply to permanent full
time and permanent part-time employees working at least 20/40th a week.
Permanent-intermittent, provisional, and permanent part-time employees working
less than 20 hours a week may enroll in a plan but are not entitled to the County
subvention.
A. Subvention for 1991-1992.
1. CCHP and Dental: County will contribute $10 single and $26 family for
monthly premium increases; employees will continue to pay $.01 per
month.
2. Dental Only: Employees will continue to pay $.01 per month.
3. 1st Choice,. Kaiser and Dental: County will contribute 77 percent
(77%) toward monthly health and dental premiums. The County.
subvention for Safeguard B to be the same contribution as for
Safeguard A not to exceed total premium of Safeguard B.
B. Subvention for 1992-1993.
1. CCHP and Dental: County will contribute 98 percent (98%) of monthly
premium cost for health and dental premiums.
2. Dental Only: Employees will continue to pay $.01 per month.
3. 1st Choice, Kaiser and Dental: County will contribute 77 percent
(77%) toward monthly health and dental premiums. The County
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subvention for Safeguard B to be the same contribution as for
Safeguard A not to exceed total premium of Safeguard B.
17.3 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.
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.
An employee who is on approved leave of absence may convert to individual health
plan coverage within thirty (30) days of the commencement of leave.
17.4 Medicare Rates. Corresponding Medicare rates for employees covered under
this Memorandum of Understanding shall be as follows: for Employee Only on
Medicare by taking the Employee Only rate for the option selected and subtracting
the monthly Part B Medicare premium withheld from Social Security payments for one
enrollee; for Employee and Dependent(s) with one member on Medicare by taking the
Employee and Dependent(s) rate for the option selected and subtracting the monthly.
Part B Medicare premium withheld from Social Security payments for one enrollee;
for Employee and Dependent(s) with two 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.
17.5 Partial Month. The County's contribution to the Health Plan premium is
payable for any month in which the employee is paid. If an employee is not paid
enough compensation in a month to pay the employee .share of the premium, the
employee must makeup 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.
17.6 Coverage During Absences. An employee on approved leave shall be allowed
to continue his/her health plan coverage at the County group rate for twelve (12)
months provided that the.employee shall pay the entire premium for the Health Plan
during said leave.
An employee on leave in excess of twelve (12) months may continue health plan
coverage by converting to an individual health plan option (if available) or
continuing group coverage subject to the provisions of the Consolidated Omnibus
Budget Reduction Act (COBRA) provided the employee pays the entire cost of
coverage, plus any administrative fees, for the option selected. The entire cost of
coverage shall be paid at a place and time specified by the County. Late payment
may result in cancellation of health plan coverage with no reinstatement allowed.
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An employee who terminates County employment is only covered through the month
in which he is credited with compensation but may convert to individual health plan
coverage, if available, or may continue County Group health plan coverage to the
extend provided under COBRA by making premium payments to the County at a time
and place specified by the County.
17.7 Retirement Coverage. Upon retirement, employees may remain in the same
County group medical plan if immediately before their retirement they are either
active subscribers to one of the County Health Plans or if on authorized leave of
absence without pay they have retained individual conversion membership.from the
County plan.
17.8 Dual Coverage. If a husband and wife both work for the County and one of
them is laid off, the remaining eligible shall be allowed to enroll or transfer into the
health coverage combination of his/her choice.
An eligible employee who is no longer covered for medical or dental coverage through
a spouse's coverage shall be allowed to enroll or transfer into the health coverage
combination of his/her choice within thirty (30) days of the date coverage is no
longer afforded under the spouse's plan.
SECTION 18 - PROBATIONARY PERIOD
18.1 Duration. All appointments from officially promulgated employment lists for
original entrance or promotion shall be subject to a probationary period. This period
shall be from six (6) months to two (2) years duration.
18.2. 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.
18.3 Duration. 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 six (6)
months probation period, probation will be considered completed upon serving one
thousand (1,000) hours after appointment except that in no instance will this period
be less than six (6) calendar months from the beginning of probation. If a
permanent-intermittent probationary employee is reassigned to full time, credit
toward probation completion in the full time position shall be prorated on the basis
of one hundred seventy-three (173) hours per month.
18.4 Rejection During Probation. An employee who is rejected during the probation
period and restored to the eligible list shall begin a new probationary period if
subsequently certified and appointed.
A. Appeal from Rejection. Notwithstanding any other provisions of this
section, an employee (probationer) shall have the right to appeal from any
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rejection during the probationary period based on political or religious
affiliations or opinions, Council activities, or race, color, national origin,
sex, age, handicap, or sexual-orientation.
B. The appeal must be written, must be signed by the employee and set forth
the grounds and facts by which it is claimed that grounds for appeal exist
under Subsection (A) and must be filed through the Director of Personnel
to the Merit Board by 5:00 p.m. on the 7th calendar day after the date of
delivery to the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable cause
to believe that the rejection may have been based on grounds prohibited
in Subsection (A), it may refer the matter to a Hearing Officer for
hearing, recommended findings of fact, conclusions of law and decision,
pursuant to the relevant provisions of the Merit Board rules in which
proceedings the rejected probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny the
appeal. If, after hearing, the Merit Board upholds the appeal, it shall
direct that the appellant be reinstated in the position and the appellant
shall begin a new probationary period unless the Merit Board specifically .
reinstates the former period.
18.5 Regular Appointment. The regular appointment of a probationary employee
shall begin on the day following the end of the probationary period, subject to the
condition that the Director of Personnel receive from the appointing authority a
statement in writing that the services of the employee during the probationary period
were satisfactory and that the employee is recommended for permanent appointment.
A probationary employee may be rejected at any time during the probation period
without regard to the Skelly provisions of this Memorandum of Understanding,
without notice and without right of appeal or hearing except as provided in Section
18.4.A. If the appointing authority has not returned the probation report, a
probationary employee may be rejected from the service within a reasonable time
after the probation period for failure to pass probation. If the appointing authority
fails to submit in a timely manner the proper written documents certifying that a
probationary employee has served in a satisfactory manner and later acknowledges
it was his or her intention to do so, the regular appointment shall begin on the day
following the end of the probationary period.
Notwithstanding any other provisions of the Memorandum of Understanding, an
employee rejected during the probation period from a position in the Merit System to
which the employee had been promoted or transferred from an eligible list, shall be
restored to a position in the department from which the employee was promoted or
transferred.
An employee dismissed for other than disciplinary reasons within six (6) months
after being promoted or transferred from a position in the Merit System to a position
not included in the Merit System shall be restored to a position in the classification
in the department from which the employee was promoted or 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
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the employee receives the affirmative recommendation from the appointing authority
and is certified by the Personnel Director whose decision is final. The Director of
Personnel shall not certify the name of a person restored to the eligible list to the
same appointing authority by whom the person was rejected.from the same eligible
list, unless such certification is requested in writing by the appointing authority.
18.6 Layoff During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to complete
only the balance of the required probation.
If reemployed in another department or in another classification, the employee shall
serve a full probationary period. An employee appointed to a permanent position
from a layoff or reemployment list is subject to a probation period if the position is
in a department other than the department from which the employee separated,
displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or
reemployment list is not subject to a probation period if the position is in the
department from which the employee separated, displaced or voluntarily demoted in
lieu of layoff.
18.7 Rejection During Probation of 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 of
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 Exams. If an examination for one of the classes represented by the
Council is proposed to be announced on an Open only basis the Director of Personnel
shall give five (5) days prior notice of such proposed announcement and shall meet
at the request of the Council to discuss the reasons for such open announcement.
19.4 Promotion via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification to
a higher classification and his position reclassified at the request of the appointing
authority and under the following conditions:
a. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of
work.
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b. The incumbent of the position must have performed at the higher level for one
(1) year.
c. The incumbent must meet the minimum education and experience requirements
for the higher class.
d. The action must have approval of the Personnel Director.
e. The Council approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
19.5 Requirements for Promotional Standing. In order to qualify for an examination
called on a promotional basis, an employee must have probationary or permanent
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
examinations 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 Examinations. 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.
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.
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d. the employee concerned shall have indicated agreement to the change in
writing.
e. the Director of Personnel shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished through the
regular appointment procedure provided that the individual desiring transfer has
eligibility on a list for a class for which appointment is being considered.
20.2 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 therefor. The Director of Personnel shall if he or she considers that the
reasons are adequate and that the transfer will be for the good of the County service
and the parties involved, inform the appointing authority or authorities concerned
and the employee of the proposal and may take the initiative in accomplishing the
transfer.
SECTION 21 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written resignations
shall be forwarded to the Personnel Department by the appointing authority
immediately on receipt, and shall indicate the effective date of termination. Oral
resignation shall be immediately confirmed by the appointing authority in writing to
the employee and to the Personnel Department and shall indicate the effective date
of termination.
21.1 Resignation in Good Standing. A resignation giving the appointing authority
written notice at least two (2) weeks in advance of the last date of service (unless
the appointing authority requires a longer period of notice, or consents to the
employee's terminating on shorter notice) is a resignation in good standing.
21.2 Constructive Resignation. A constructive resignation occurs and is effective
when:
a. An employee has been absent from duty for five (5) consecutive working days
without leave, and;
b. Five (5) more consecutive working days have elapsed without response by the
employee after the mailing of a notice of resignation by the appointing
authority to the employee at the employee's last known address.
C. Employees working a 4/10 schedule shall have constructively resigned if four
(4) days elapse as provided in "a" above followed by four (4) more days as
provided in "b" above.
21.3 Effective Resignation. A resignation is effective when delivered or 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.
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21.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been coerced
by the appointing authority may be revoked within seven (7) calendar
days after its expression, by serving written notice on the Director of
Personnel and a copy on the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it shall be
revoked and the employee returned to duty effective on the day following
the appointing authority's acknowledgement without loss of seniority or
pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice, the
appointing authority acknowledges that the resignation could have been .
believed to be coerced, this question should be handled as an appeal to the
Merit Board. In the alternative, the employee may file a written election
with the Director of Personnel waiving the employee's right of appeal to
the Merit Board in favor of the employee's appeal rights under the
grievance procedure contained in Section 23 of the Memorandum of
Understanding beginning with Step C.
D. Disposition. If a final decision is rendered that determines that the
resignation was coerced, the resignation shall be deemed revoked and the
employee returned to duty effective on the day following the decision but
without loss of seniority or pay, subject to the employee's duty to mitigate
damages.
SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY; AND
DEMOTION
22.1 Sufficient Cause for Action. The appointing authority may.dismiss, suspend,
temporarily reduce the pay of, or demote any employee for cause. A temporary
reduction in pay is not to exceed more than 5%for a period of three (3) months. The
following are sufficient causes for such action; the list is indicative rather than
inclusive of restrictions and dismissal, suspension, reduction in pay, or demotion
may be based on reasons other than those specifically mentioned:
a. absence without leave,
b. conviction of any criminal act involving moral turpitude,
c. conduct tending to bring the merit system into disrepute, .
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
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g. being at work under the influence of liquor or drugs, carrying onto the
premises liquor or drugs or consuming or using liquor or drugs during work
hours and/or on County premises,
h. neglect of duty (i.e. non-performance of assigned responsibilities),
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 supervisor
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 working
environment.
22.2 Skelly Requirements. Before taking disciplinary action to dismiss, suspend,
for more than five (5) work days (four (4) work days for employees on 4/10 work
week), reduce the pay of, 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.
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.
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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 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, Temporary Reduction in Pay, or
Disciplinary Demotion.
A. In any.disciplinary action to dismiss, suspend, temporarily 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. Service of Order. Said order of dismissal, suspension, temporary
reduction in pay, 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, temporarily 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. Employee Appeals from Order. The employee may appeal an order of
dismissal, suspension, temporary 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.
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
- 42 -
to the grievance procedure. The Council may represent the employee at any stage
of the process. Grievances must be filed within thirty (30) days of the incident or
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 Understanding has been misinterpreted or misapplied to his or her
detriment shall discuss the complaint with the employees immediate supervisor, who
shall meet with the employee within five (5) days of receipt of a written request to
hold such meeting.
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 within seven (7) workdays to the Personnel Director. The
Personnel Director or his or her designee shall have twenty (20) workdays in which
to investigate the merit of the complaint and to meet with the Department Head and
the employee and attempt to settle the grievance and respond in writing.
Step 4 - No grievance may be processed under this Section which has not first been
filed and investigated in accordance with paragraph C above and filed within 7
workdays of the written response of the Personnel Director of his or her designee.
If the parties are unable to reach a mutually satisfactory accord on any grievance
which arises and is presented during the term of this Memorandum of Understanding,
such grievance shall be submitted in writing within seven (7) workdays to an
Adjustment Board comprised of three (3) Council representatives, no more than two
(2) of whom shall be either an employee of the County or an elected or appointed
official of the Council presenting this grievance, and three (3) representatives of
the County, no more than two (2) of whom shall be either an employee of the County
or a member of the staff of an organization employed to represent the County in the
meeting and conferring process. The Adjustment Board shall meet and render a
decision within twenty (20) workdays of receipt of the written request.
Step 5 - If an Adjustment Board is unable to arrive at a majority decision, either the
employee (or the County, when alleging a violation of Section 23.6 below) may
require that the grievance be referred to an impartial arbitrator who shall be
designated by mutual agreement between the employee and the Personnel Director.
Such request shall be submitted within twenty (20) workdays of the rendering of
the Adjustment Board decision. Within 20 days of the request for arbitration the
parties shall mutually select an arbitrator. The fees and expenses of the arbitrator
and of the Court Reporter shall be shared equally by the employee and the County.
Each party, however, shall bear the costs of its own presentation, including pre-
paration and post hearing briefs, if any.
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23.2 Scope of Adjustment Board and Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators on matters properly before
them shall be final and binding on the parties hereto, to the extent
permitted by law.
B. No adjustment Board and no arbitrator shall entertain, hear, decide or
make recommendations on any dispute unless such dispute involves a
position in a unit represented by the Council which has been certified as
the recognized employee organization for such unit and unless such
dispute falls within the definition of a grievance as set forth in Step 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 connection
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 Council Notification. An official, with whom a formal grievance is filed by a
grievant who is included in a unit represented by the Council, but is not
represented by the Council in the grievance, shall give the Council a copy of the
formal 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
adjustment shall be retroactive for more than six (6) months from the date upon
which the complaint was filed.
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No change in this Memorandum of Understanding or interpretations thereof (except
interpretations resulting from Adjustment Board or arbitration proceedings
hereunder) will be recognized unless agreed to by the County and the Council.
23.6 Strike/Work Stoppage. During the term of this Memorandum of
Understanding, the Council, its members and representatives, agree that it and they
will not engage in, authorize, sanction, or support any strike, slowdown, stoppage
of work, sickout, or refusal to perform customary duties.
In the case of a legally declared lawful strike against a private or public sector
employer which has been sanctioned and approved by the labor body or union having
jurisdiction, an employee who is in danger of physical harm shall not be required to
cross the picket line, provided the employee advises his or her supervisor as soon
as possible, and provided further that an employee may be required to cross a picket
line where the performance of his or her duties is of an emergency nature and/or
failure to perform such duties might cause or aggravate a danger to public health or
safety.
23.7 Merit Board. All grievances of employees in representation units represented
by the Council shall be processed under Section 23 unless the employee elects to
apply to the Merit Board on matters within its jurisdiction.
No action under Steps 3, 4 and 5 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 fling by Council. The Council may file a grievance at Step 3 on behalf of
affected employees when action by the County Administrator or the Board of
Supervisors violates a provision of this Memorandum of Understanding.
SECTION 24 - RETIREMENT CONTRIBUTION
Pursuant to Government Code Section 31581.1, the County will continue to pay fifty
percent (50%) of the retirement contributions normally required of employees. Such
payments shall continue for the duration of this Memorandum of Understanding, and
shall terminate thereafter. Employees shall be responsible for payment of the
employees' contribution for the retirement cost of living program as determined by
the Board of Retirement of the Contra Costa County Employees' Retirement
Association without the County paying any part of the employees share. The County
will pay the remaining one-half (1/2) of the retirement cost-of-living program
contribution.
SECTION 25 - TRAINING REIMBURSEMENT
The County Administrative Bulletin on Training shall govern reimbursement for
training and shall continue to limit reimbursement for career development training
to $200 per semester or $150 per quarter, not to exceed $600 per year, except as
otherwise provided in the supplemental sections. of this Memorandum of
Understanding.
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SECTION 26 - MILEAGE REIMBURSEMENT
Effective March 1, 1990 mileage allowance for the use of personal vehicles on County
business shall be paid according to the following per month formula:
1 - 400 miles $.24 per mile
401 - plus miles $.18 per mile
The above rates shall be adjusted to reflect an increase or decrease in the cost of
gasoline which shall be determined as provided below on the basis of the average
price for "gasoline, all types" per gallon as listed in Table 5, "Gasoline Average
Prices per gallon, U.S. City Average and Selected Areas" for the San Francisco-
Oakland California area published by the Bureau of Labor Statistics, U.S.
Department of Labor, hereinafter referred to as the "Energy Report".
The above mileage rates shall be increased or decreased by one cent ($.01) for each
fifteen cents ($.15) increase or decrease in the base price for gasoline which shall
be defined as the average price of gasoline per gallon for July, 1979, as published
in the Energy Report. Any such rate increase or decrease shall be effective the
first of the month following publication of the index. The above formula rates
include price increases reported since July, 1979. _
The mileage rate increase or decrease based on the Energy Report shall be
contingent upon the continued availability of the official monthly Energy Report in
its present form and calculated on the same basis unless otherwise agreed upon by
the parties.
Effective May 1, 1992 the mileage allowance for use of personal vehicles on County
business shall be paid according to the rates allowed by the Internal Revenue
Service (currently$.28 per mile) and 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 file in the
Personnel Department or in the employees personal history file in their department.
The contents of such records shall be made available to the employee for inspection
and review at reasonable intervals during the regular business hours of the County.
The County shall provide an opportunity for the employee to respond in writing to
any information which is in the employee's personnel file about which he or she
disagrees. Such response shall become a permanent part of the employee's personnel
record. The employee shall be responsible for providing the written responses to
be included as part of the employee's permanent personnel record.
All documents pertaining to disciplinary actions shall be placed in an official
personnel file maintained by the Personnel Department or in an official personnel file
maintained by their department. Copies of written reprimands or memoranda
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pertaining to an employee's unsatisfactory performance which are to be placed in the
employee's personnel file shall be given to an employee who shall have the right to
respond in writing to said documents. Letters of reprimand are subject to the
grievance procedure but shall not be processed past Step 3 unless said letters are
used in a subsequent discharge, suspension or demotion of the employee. Copies of
letters of commendation which are to be placed in the employee's personnel file will
be given to the employee.
Employees have the right to review their official personnel files which are maintained
in the Personnel Department or by their department. In a case involving a grievance
or disciplinary action, the employee's designated representative may also review
his/her personnel file with specific written authorization from the employee.
SECTION 28 - PROFESSIONAL DEVELOPMENT
28.1 Professional Development Reimbursement. Each full-time employee.shall be
eligible to claim up to $220.00 for each fiscal year for professional development
during the duration of this memorandum of understanding.
Allowable expenses include the following activities and materials directly related to
the profession in which the individual is engaged as a County employee:
a. Membership dues to professional organizations.
b. Registration fees for attendance at professional meetings, conferences, and
seminars.
C. Books, journals, and periodicals.
d. Tuition and textbook reimbursement for accredited college or university
classes.
e. Professional license fees required by the employee's classification.
f. Application and examination fees for registration as a professional engineer,
architect, or engineer-in-training.
Exclusions
Items specifically not authorized for purchase with these funds include, but are not
necessarily limited to the following:
a. Health program memberships and physical fitness equipment.
b. Equipment or supplies not specifically required for or directly related to
participation in a professional conference, seminar or workshop.
C. General office supplies.
d. Magazine subscriptions, newspapers, periodicals, or journals or general
circulation such as Time, Newsweek, Press Democrat Newspaper, etc.
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e. Time planners or calendar-type books.
28.2 Professional Examination Time Off. Effective July 1, 1992 employees will be
permitted, one time only during their career with the County, to be granted release
time with pay to participate in any part of the examination for Professional Engineer,
Land Surveyor or Architect.
Specific language to be developed.
SECTION 29 - FLEX-TIME
It is understood that Resolution No. 75/1037 pertaining to flex-time may be applied
to the Professional Engineers Unit as well as other County employees. Nothing
contained in this Memorandum of Understanding prohibits the Department Head from
implementing a flex-time system for employees in the Professional Engineers Unit.
The Department Head, prior to implementation, shall discuss.the implementation of
any flex-time system involving employees represented by the Western Council of
Engineers with the Council. Then the department shall determine if the said flex-
time is feasible following a trial period and then shall submit the plan to the County
Administrator for approval. Upon written request to the Employee Relations Officer,
Western Council of Engineers may request to meet with the Department Head for the
purpose of proposing an alternate flexible work schedule.
SECTION 30 - BOOK REIMBURSEMENT
The County agrees to reimburse members of the Professional Engineers Unit for the
full cost of books purchased when the books are required for job related training for
which the employee receives full reimbursement of registration fees and/or tuition.
SECTION 31 - SAFETY SHOES AND PRESCRIPTION SAFETY EYEGLASSES
The County shall reimburse employees for safety shoes and prescription safety
eyeglasses in those classifications the County has determined are eligible for such
reimbursement. The County will reimburse eligible employees for safety shoes in an
amount not to exceed forty dollars ($40.00) in any calendar year. The County will
reimburse eligible employees for up to one pair per year of prescription safety
eyeglasses which are approved by the County and are obtained from such
establishment as required by the County.
SECTION 32 - SERVICE AWARDS
The County shall continue:its present policy with respect to service awards including
time off; provided, however, that the type of award given shall be at the sole
discretion of the County.
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SECTION 33 - 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 continuing
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 members of examining boards, 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 Administrative Bulletin.
Meal costs will be reimbursed only when eaten away from home or away from the
facility in the case of employees at 24-hour institutions.
Procedures and definitions relative to reimbursement for meal expenses shall be in
accordance with the Administrative Bulletin on Expense Reimbursement.
SECTION 34 - PERSONAL PROPERTY REIMBURSEMENT
The loss or damage to personal property of employees is subject to reimbursement
under the following conditions.
a. The loss or damage must result from an event which is not normally
encountered or anticipated on the job and which is not subject to the control
of the employee.
b. Ordinary wear and tear of personal property used on. the job is not
compensated.
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.
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g. The loss or damage to employees 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.
SECTION 35 - 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
two years is reemployed in a permanent County position or is reemployed in a
permanent County position from a layoff list within the period of layoff eligibility,
service credits shall include all credits accumulated at time of separation, but shall
not include the period of separation. The Personnel Director shall determine these
matters based on the employee status records in his department.
SECTION 36 - PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave benefits.
They are eligible for health, dental and life insurance benefits at corresponding
premium rates providing they work at least 50% of full time. If the employee works
at least 50% of full time, County retirement participation is also included.
SECTION 37 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation and sick leave.
benefits.
SECTION 38 - PERMANENT-INTERMITTENT EMPLOYEES HEALTH PLAN
A permanent intermittent employee represented by Western Council of Engineers may
participate in the County Group Health Plan of combined medical, dental and life
insurance coverage wholly at the employee's expense. The County will not
contribute to the employee's monthly premium. The employee will be responsible for
paying the monthly premium appropriately and punctually. Failure to meet the
premium deadline will mean automatic and immediate withdrawal from the County
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Group Health Plan and reinstatement may only be effectuated.du ring the annual open
enrollment period.
SECTION 39 - 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 combined
medical, dental and life insurance coverage wholly at the employee's expense. The
County will not contribute to the employee's monthly premium. The employee will be
responsible for paying the monthly premium appropriately and punctually. Failure
to meet the premium deadline will mean automatic and immediate withdrawal from the
County Group Health Plan and reinstatement may only be effectuated during the
annual open enrollment period.
SECTION 40 - REGISTRATION DIFFERENTIAL
The County agrees to pay a $30 per month salary differential to all incumbents of
Assistant Architectural Engineer positions who possess a valid California Certificate
of Registration as a Civil Engineer, Mechanical Engineer, Electrical Engineer or
Architect.
SECTION 41 - MALPRACTICE COVERAGE
The County's obligation to defend and indemnify its employees is prescribed.by
California Government Code Sections 825 et seq. and 995 et seq. This Section shall
be enforceable only at law in accordance with the applicable law, but. shall not be
subject to the grievance provisions of this Memorandum of Understanding.
SECTION 42 - DEPENDENT CARE SALARY CONTRIBUTION
Subject to the applicable provisions of the Internal Revenue Service, employees may
contribute up to $5,000 each calendar year from their salaries for approved
dependent care; only eligible employees may contribute for such expenses; there is
no County contribution for dependent care.
Reimbursements are made on a monthly basis subject to submission of itemized
statements, adequate accumulation of the salary contribution, proof of payment, and
applicable County administrative procedures.
SECTION 43 - SPECIAL STUDIES
A. 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
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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.
B. Leave of Absence for Family Care. The County agrees to meet and confer with
WCE during the term of the 1991-1993 MOU concerning revisions to the
County's Policy on Leave of Absence (Parental Leave).
C. 457 Plan 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.
SECTION 44 - COMMUNITY DEVELOPMENT DEPARTMENT PROCEDURES
The County will meet with Council representatives to develop a deep class evaluation
process for Civil Engineers in the Community Development Department that will
provide an evaluation process consistent with the process utilized in the Public
Works Department.
SECTION 45 - ADOPTION
The provisions of this Memorandum of Understanding shall be made applicable on the
dates indicated and upon approval by the Board of Supervisors. Resolutions and
Ordinances, where necessary, shall be prepared and adopted in order to implement
these provisions. It is understood that where it is determined that an Ordinance is
required to implement any of the foregoing provisions, said provisions shall become
effective upon the first day of the month following thirty (30) days after such
Ordinance is adopted.
SECTION 46 - SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS
46.1 Scope of Agreement. Except as otherwise specifically provided herein, this
Memorandum of Understanding fully and completely incorporates the understanding
of the parties hereto and constitutes the sole and entire agreement between the
parties in any and all matters subject to meet and confer. Neither party shall,
during the term of this Memorandum of Understanding demand any change herein,
provided that nothing herein shall prohibit the parties from changing the terms of
this Memorandum of Understanding by mutual agreement.
46.2 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.
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i
46.3 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.
46.4 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 47 - UNFAIR LABOR PRACTICE
Either the County or the Council may file an unfair labor practice as defined in
Chapter 34-22 of Board .Resolution 81/1165 against the other. Allegations of an
unfair labor practice, if not resolved in discussions between the parties, may be
heard by a mutually agreed upon impartial third party.
SECTION 48-PAST PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING
Continuance of working conditions and past practices not specifically authorized by
ordinance or by resolution of the Board of Supervisors is not guaranteed by this
Memorandum of Understanding; provided, however, that only during the term of this
Memorandum of Understanding which expires September 30, 1991 the Council may
claim a violation of a past practice. If the Council can demonstrate that such past
practice exists by virtue of having been acknowledged and agreed to by Management
and representatives of the Council or by employees represented by the Council who
reach agreement with a Department Head on a 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.
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DATE:
CONTRA COSTA COUNTY WESTERN COUNCIL OF ENGINEERS
By: By• ,
By: . ..By:.By: P�tirG� c/ By: c7i'J� - C✓
'la�,By:
- 54 -
ATTACHMENT A
PROJECT POSITIONS
The Western Council of Engineers and the County have met and conferred in good
faith regarding wages, hours and other terms and conditions of employment for
employees in project classes which, except for the project designation, would be
represented by Western Council of Engineers. For example, Assistant Architectural
Engineer is represented by Western Council of Engineers, therefore, it has been
agreed that Assistant Architectural Engineer-Project will also be represented by
Western Council of Engineers.
Other project classes that are not readily identifiable as properly included in
bargaining units represented by Western Council of Engineers shall be assigned to
bargaining units in accordance with the provisions of Section 34-12 of Board
Resolution 81/1165.
The Council and the County understand that the meet and confer process with
respect to the conditions of employment for project classifications is unique and,
therefore, differs from other regular classes represented by Western Council of
Engineers in the following respects:
1. Project employees are not covered by the Merit System;
2. project employees may be separated from service at any time without regard
to the provisions of this Memorandum of Understanding, without right of
appeal or hearing or recourse to the grievance procedure specified herein;
and
3. any provision of this Memorandun of Understanding which pertains to layoff
or seniority are not applicable to project employees.
ATTACHMENT B
CLASS & SALARY LISTING
PROFESSIONAL ENGINEERS UNIT
EFFECTIVE APRIL 1, 1992
CLASS SALARY/LEVEL CLASS TITLE
NEWA 3302-4014/C51984 ASSISTANT ARCHITECTURAL ENGINEER
NEW1 3302-4014/C51984 ASST. ARCHITECTURAL ENGINEER-PROJECT
NEWB 3413-4148IC52017 ASSISTANT STRUCTURAL ENGINEER-BLDG.
NKXA 3245-5062/T61917 ENGINEER
EFFECTIVE OCTOBER 1, 1992
CLASS SALARY/LEVEL CLASS TITLE
NEWA 3403-4136/C52014 ASSISTANT ARCHITECTURAL ENGINEER
NEW1 3403-4136/C52014 ASST ARCHITECTURAL ENGINEER-PROJECT
NEWB 3517-4275/C52047 ASSISTANT STRUCTURAL ENGINEER-BLDG.
NKXA 3344-5216/T61947 ENGINEER