HomeMy WebLinkAboutMINUTES - 11081994 - 1.67B - b
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
P ,
Adopted this Order on November 8, 1994 by the following vote: '
AYES: Supervisors Smith, Bishop, Torlakson and Powers
NOES: None
ABSENT: Supervisor DeSaulnier
ABSTAIN:
SUBJECT:
Approval of Memorandum of Understanding )
Deputy Sheriffs' Assn. Management Unit ) Res. No. 94/ 553
The Contra Costa County Board of Supervisors RESOLVES THAT:
1 . Contra Costa County and the Deputy Sheriffs' Association, Management
Unit having negotiated in good faith and agreed upon terms and conditions of
employment for the period February 1 , 1994 through September 30, 1995;
2: Salaries and Terms and Conditions of Employment Deputy Sheriffs'
Association, Manaqement Unit. The Memorandum of Understanding with the
Deputy Sheriffs' Association, Management Unit is attached hereto, and Section
Numbers 1 through 52 inclusive are incorporated herein as if set forth in full and
made applicable to the represented employees.
3. The Board having thoroughly considered said Memorandum of
Understanding, the same is approved.
4. This Resolution is effective as of February 1 , 1994.
I=certify that this is a true and correct copyof
an action taken and entered on the minutes of the
Board of Sup �qn theqdpapte shown.
ATTESTED:
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By l,f/'sni .Deputy
Orig. Dept.: Personnel (646-4145)
cc: Employee Relations
Auditor-Controller
Sheriff-Coroner
Deputy Sheriffs' Association
RESOLUTION NO. 94/553
� S
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS' ASSOCIATION
MANAGEMENT UNIT
FEBRUARY 1 , 1994 - SEPTEMBER 30, 1995
TABLE OF CONTENTS
(Note: Sections herein specified as "N/A",
reference portions of the DSA Rank &
File 1993-95 MOU and are for continuity
only.)
SECTION 1 ASSOCIATION RECOGNITION
1 .1 Association Recognition . . . . . . . . . . . . . . . . . 4
1 .2 Association Business . . . . . . . . . . . . . . . . . . . 4
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . 5
2.2 Agency Shop (N/A)
2.3 Maintenance of Membership . . . . . . . . . . . . . 5
2.4 Withdrawal of Membership . . . . . . . . . . . . . . 5
2.5 Communicating With Employees . . . . . . . . . . 6
2.6 Use of County Buildings . . . . . . . . . . . . . . . . . 7
2.7 Advance Notice . . . . . .. . . . . . . . . . . . . . . . . . . 7
2.8 Assignment of Classes to Units . . . . . . . . . . . 8
SECTION 3 NO DISCRIMINATION . . . . . . . . . . . . . . . . . . 9
SECTION 4 OFFICIAL REPRESENTATIVES
-4.1 Attendance at Meetings . . . . . . . . . . . . . . . . . 9
4.2 Association Representatives . . . . . . . . . . . . 10
4.3 DSA President (N/A)
SECTION 5 SALARIES
5.1 General Wage Increases . . . . . . . . . . . . . . . . 10
5.2 Entrance Salary . . . . . . . . . . . . . . . . . . . . . . . 10
5.3 Anniversary Dates . . . . . . . . . . . . . . . . . . . . 11
5.4 Increments Within Range . . . . . . . . . . . . . . . 12
5.5 Part-Time Compensation . . . . . . . . . . . . . . . 13
5.6 Compensation for Portion of Month . . . . . . 13
5.7 Position Reclassification . . . . . . . . . . . . . . . 13
5.8 Salary Reallocation/Salary on Reallocation . 14
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5.9 Salary on Promotion . . . . . . . . . . . . . . . . . . . 15
5.10 Salary on Involuntary Demotion . . . . . . . . . . 15
5.11 Salary on Voluntary Demotion . . . . . . . . . . . 16
5.12 Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5.13 Pay for Work in Higher Classification . . . . 17
5.14 Payment . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 18
5.15 Deferred Compensation . . . . . . . . . . . . . . . . 19
SECTION 6 DAYS & HOURS OF WORK
6.1 Normal Work Week . . . . . . . . . . . . . . . . . . . . 19
6.2 Time Changes: PST/DST (N/A)
6.3 Shift Options . . . . . . . . . . . . . . . . . . . . . . . . 19
SECTION 7 OVERTIME & COMPENSATORY TIME (N/A)
SECTION 8 CALL BACK TIME (N/A)
SECTION 9 ON-CALL DUTY (N/A)
SECTION 10 WORK SCHEDULING (N/A)
SECTION 11 SEPARATION THROUGH LAYOFF
11 .1 Grounds for Layoff . . . . . . . . . . . . . . . . . . . . 20
11 .2 Order of Layoff . . . . . . . . . . . . . . . . . . . . . . . 20
11 .3 Layoff by Displacement . . . . . . . . . . . . . . . 20
11 .4 Particular Rules on Displacing . . . . . . . . . . . 21
11 .5 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
11 .6 Eligibility for Layoff List . . . . . . . . . . . . . . . . 22
11 .7 Order of Names on Layoff . . . . . . . . . . . . . . .22
11 .8 Duration of Layoff &
Reemployment Rights . . . . . . . . . . . . . . . . . 22
11 .9 Certification of Persons
From Layoff Lists . . . . . . . . . . . . . . . . . . . . . 23
11 .10 Removal of Names From Reemployment &
Layoff Lists . . . . . . . . . . . . . . . . . . . . . . . . . . 23
1 1 .1 1 Association Notification . . . . . . . . . . . . . . . . 24
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SECTION 12 HOLIDAYS
12.1 Holidays Observed (N/A)
12.2 Application of Holiday Credit (N/A)
12.3 Permanent Part-Time Employees . . . . . . . . . 24
12.4 4/10 Shift Holidays (N/A)
12.5 Accrual/Combining of Holiday With
Overtime Comp.Time (N/A)
12.6 Holidays/Court Appearances -
Investigation Division (N/A)
SECTION 13 VACATION
13.1 Vacation Allowance . . . . . . . . . . . . . . . . . . . 25
13.2 Vacation Accrual Rates . . . . . . . . . . . . . . . . . 25
13.3 Accrual During Leave Without Pay . . . . . . . . 25
13.4 Allowance for Separated Employee . . . . . . . 25
13.5 Pro-rated Accruals . . . . . . . . . . . . . . . . . . . . 26
SECTION 14 SICK LEAVE
14.1 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
14.2 Accrual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
14.3 Administration of Sick Leave . . . . . . . . . . . . 30
14.4 Sick Leave/Absenteeism . . . . . . . . . . . . . . . . 31
14.5 Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
14.6 Workers' Compensation . . . . . . . . . . . . . . . . 35
14.7 Labor-Management Committee (N/A)
14.8 Accrual During Leave Without Pay . . . . . . . . 36
14.9 Revision of Sick Leave Policy . . . . . . . . . . . . 36
SECTION IS LEAVE OF ABSENCE
15.1 Leave Without Pay . . . . . . . . .. . . . . . . . . . . . 37
15.2 Military Leave . . . . . . . . . . . . . . . . . . . . . . . . 38
15.3 Leave of'Absence Replacement . . . . . . . . . . 39
15.4 Salary Review While on LOA . . . . . . . . . . . . . 39
15.5 Unauthorized Absence . . . . . . . . . . . . . . . . . 40
SECTION 16 JURY DUTY AND WITNESS DUTY . . . . . . . . 40
1
SECTION 17 HEALTH & WELFARE. LIFE & DENTAL CARE
17.1 County Programs (N/A)
17.2 Health & Dental Subvention (N/A)
17.3 Rate Information (N/A)
17.4 Medicare Rates (N/A)
17.5 Partial Month (N/A)
17.6 Coverage During Absences (N/A)
17.7 Retirement Coverage (N/A)
17.8 Dual Coverage (N/A)
17.9 Physical Fitness Plan (N/A)
17.10 Employee Assistance Program . . . . . . . . . . 42
17.11 Medical Coverages . . . . . . . . . . . . . . . . . . . . 43
17.12 Wellness Incentive . . . . . . . . . . . . . . . . . . . . 45
SECTION 18 PROBATIONARY PERIOD
18.1 Length of Probation (N/A)
18.2 Revised Probationary Period . . . . . . . . . . . . 45
18.3 Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
18.4 Rejection During Probation . . . . . . . . . . . . . 46
18.5 Regular Appointment . . . . . . . . . . . . . . . . . . 47
18.6 Layoff During Probation .. . . . . ... . . . . . . . . . 48
18.7 .Rejection During Probation of
Layoff Employee (N/A)
18.8 Probationary Deputy Sheriffs Into
Investigative Division (N/A)
18.9 Deputy Sheriff/Deputy Sheriff Recruit
Residency Requirements (N/A)
SECTION 19 GENERAL TERMS & CONDITIONS OF
EMPLOYMENT & MANAGEMENT BENEFITS
19.1 Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
19.2 Watchstanding Conditions . . . . . . . . . . . . . . 50
19.3 Uniform Allowance (N/A)
19.4 Sheriffs Dispatchers (N/A)
SECTION 20 PROMOTION
20.1 Competitive Exam . . . . . . . . . . . . . . . . . . . . 50
20.2 Promotion Policy . . . . . . . . . . . . . . . . . . . . . 50
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20.3 Certification Rules (N/A)
20.4 Open Exam . . . . . . . . . . . . . . . . . . . . . . . . . . 51
20.5 Via Reclass. w/o Examination . . . . . . . . . . . 51
20.6 Requirements for Promotional Standing . . . 51
20.7 Seniority Credits . . . . . . . . . . . . . . . . . . . . . . 52
20.8 Physical Examination . . . . . . . . . . . . . . . . . . 52
SECTION 21 TRANSFERS (N/A)
SECTION 22 RESIGNATIONS
22.1 Resignation in Good Standing . . . . . . . . . . . 52
22.2 Constructive Resignation . . . . . . . . . . . . . . . 53
22.3 Effective Resignation . . . . . . . . . . . . . . . . 53
22.4 Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . 53
22.5 Coerced Resignations . . . . . . . . . . . . . . . . . . 53
SECTION 23 DISMISSAL, SUSPENSION AND DEMOTION
23.1 Cause for Disciplinary Action . . . . . . . . . . . . 54
23.2 Skelly Requirements . . . . . . . . . . . . . . . . . 55
23.3 Employee Response . . . : . . . . . . . . . . . . . . . 56
23.4 Leave Pending Employee Response . . . . . . . 56
23.5 -Length of Suspension . . . . . . . . . . . . . . . . . . 57
23.6 Procedure on Disciplinary Action . . . . . . . . . 57
SECTION 24 MANAGEMENT COMPLAINT PROCEDURE
24.1 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
24.2 Notice to Association (N/A) -
24.3 Immediate Arbitration (N/A)
24.4 Compensation Complaints . . . . . . . . . . . . . . 59
24.5 Strike/Work Stoppage . . . . ... . . . . . . . . . . . 59
24.6 Merit Board . . . . . . . . . . . . . . . . . . . . . . . . . . 60
24.7 Filing by Association . . . . . . . . . . . . . . . . . . 60
24.8 Letters of Reprimand . . . . . . . . . . . . . . . . . . 60
24.9 Corrective Counselling System . . . . . . . . . . 61
SECTION 25 DEPARTMENT INVESTIGATIONS . . . . . . . . . 63
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SECTION 26 LABOR/MANAGEMENT COMMITTEE . . . . . 63
SECTION 27 PHYSICAL FITNESS HEALTH CARE (N/A)
SECTION 28 TRAINING OFFICER PROGRAM (N/A)
SECTION 29 RETIREMENT CONTRIBUTION . . . . . . . . . . . 64
SECTION 30 SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
SECTION 31 MILEAGE (N/A)
SECTION 32 PAY WARRANT ERRORS . : . . . . . . . . . . . . . . 64
SECTION 33 PROVISIONAL APPOINTMENT . . . . . . . . . . . 65
SECTION 34 PERSONNEL FILES . . . . . . .. . . . . . . . . . . . . . 66
SECTION 35 SERVICE AWARDS . . , . . . . . . . . . . . . . . . . . 67
SECTION 36 REIMBURSEMENT FOR MEAL EXPENSES &
CHARGE FOR DETENTION DIV. MEALS . . . 68
SECTION 37 COMPENSATION FOR LOSS/DAMAGE
TO PERSONAL PROPERTY
37.1 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . 69
37.2 Policies & Practices . . . . . . . . . . . . . . . . . . . . 70
SECTION 38 UNFAIR LABOR PRACTICE . . . . . . . . . . . . . . 70
SECTION 39 LENGTH OF SERVICE DEFINITION . . . . . . . 70
SECTION 40 PERM. PART-TIME EMPLOYEE BENEFITS (N/A).
SECTION 41 P-1 EMPLOYEE BENEFITS (N/A)
SECTION 42 P-1 EMPLOYEE HEALTH PLAN (N/A)
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SECTION 43 PROVISIONAL EMPLOYEE BENEFITS (N/A)
SECTION 44 LUNCH PERIOD (N/A)
SECTION 45 CANINE ALLOWANCE (N/A)
SECTION 46 UNIFORM ALLOWANCE
46.1 Uniform Allowance . . . . . . . .. . . . . . . . . . . . . 71
46.2 S.W.A.T. Uniform Allowance . . . . . . . . . . . . . 71
46.3 Uniform Allowance Method of Payment . . . 71
SECTION 47 PEACE OFFICER TRAINING (See Mgmt. Res.)
SECTION 48 -SPECIAL STUDIES OR OTHER ACTIONS (N/A)
SECTION 49 CRITICAL INCIDENT . . . . . . . . . . . . . . . . . . 72
SECTION 50 ADOPTION . . . . . . . . . . . . . . . . . . . . . . . 72
SECTION 51 SCOPE OF AGREEMENT &
SEPARABILITY OF PROVISIONS
52.1 Scope of Agreement . . . . . . . . . . . . . . . . . . . 72
51 .2 Separability of Provisions . . . . . . . . . . . . . . . 72
51 .3 Personnel Management Regulations . . . . . . 73
51 .4 Duration of Agreement . . . . . . . . . . . . . . . . . 73
SECTION 52 PAST PRACTICES & EXISTING MOU'S (N/A)
SUBJECT INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS` ASSOCIATION
MANAGEMENT UNIT
This Memorandum of Understanding is entered into
pursuant to the authority contained in Board of Supervisors
Resolution 81 /1 165 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, Section 34-8.012.
The parties have met and conferred in good faith regarding
wages, hours and other terms and conditions of
employment for the employees iri units in which the
Association is the recognized representative, have freely
exchanged information, opinions and proposals and have
endeavored to reach agreement on all matters relating to
the employment conditions and employer-employee
relations covering such employees.
This Memorandum of Understanding shall be presented to
the Contra Costa County Board of Supervisors as the joint
recommendations of the undersigned for salary and
benefits for the period commencing February 1 , 1994 and
ending September 30, 1995.
DEFINITIONS:
Appointing Authority: Department Head unless otherwise
provided by statute or ordinance.
Association: Deputy Sheriffs' Association.
Class: A group of positions sufficiently similar with respect
to the duties and responsibilities that similar selection
r
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
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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.
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.
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.
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Reemployment List: A list of:persons, who have occupied
positions allocated to any class in the merit system and,
who have voluntarily separated and are qualified for
consideration for reappointment under the Personnel
Management Regulations governing reemployment.
Resignation: The voluntary termination of permanent
service with the County from a position in the merit system.
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 - RECOGNITION
1.1 Association Recognition. The Association is the
formally recognized employee organization for the Deputy
Sheriffs Management Unit and such organization has been
certified as such pursuant to Chapter 34-12 of Board of
Supervisor's Resolution 81 /1165 by Board Order dated
September 21 , 1993. Represented classes in this unit are:
Captain (6XDA)
Deputy Sheriff-Chief, Criminalistics Lab (6DDA)
Lieutenant (6XHA)
Deputy Sheriff-Supervising Criminalist (6DHA)
1.2 Association Business. All elected members of the
Board of the governing body of the DSA and any general
member having agendized business before the Board
requiring the member's personal appearance may be
allowed to attend said Board meeting during duty hours
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without any loss of pay or benefit, provided that at least 24
hour advance written request is made.
The supervisor of the member shall be empowered to grant
release time, if the granting of same would not require
added costs (i.e., overtime or replacement by a temporary
employee). Operational impact will also be considered. --
This provision will be reviewed six months following
ratification of the contract, and the parties may meet and
confer concerning same.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of
Resolution 81 /1165 only a majority representative may
have dues deduction and as such the Association has the
exclusive privilege of dues'deduction for all members in its
unit.
2.2 Agency Shop (N/A) '
2.3 Maintenance of Membership. All employees in
units represented by the Association who are currently
paying dues to the Association and all employees in such
units who hereafter become members of the Association
shall as a condition of continued employment pay dues to
the Association for the duration of this Memorandum of
Understanding and each year thereafter so long as the
Association continues to represent the position to which
the employee is assigned, unless the employee has
exercised the option to cease paying dues in accordance
with Section 2.4.
2.4 Withdrawal of Membership. By notifying the
Auditor-Controller's Department in writing, between August
1 and August 31 , 1995, any employee may withdraw from
Association membership and discontinue paying dues as of
the payroll period commencing September 1 , 1995,
discontinuance of dues payments to then be reflected in the
October 10, 1995 paycheck. Immediately upon the close of
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the above mentioned thirty .(30) day period the Auditor-
Controller shall submit to the Association a list of the
employees who have rescinded their authorization for dues
deduction.
2.5 Communicating With Employees. The Association
shall be allowed to use designated portions of bulletin
boards or display areas in public portions of County
buildings or in public portions of offices in which there are
employees represented by the Association, provided the
communications displayed have to do with official
organization business such as times and places of meetings
and further provided that the Association appropriately
posts and removes the information. The department head
reserves the right to remove objectionable materials after
notification to and discussion with the Association.
Representatives of the Association, not on County time,
shall be permitted to place a supply of employee literature
at specific locations in County buildings if arranged
through the 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 Association shall be allowed access to work locations
in which it represents employees for the following
purposes:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as
indicated above;
d. to represent an employee on an appeal, and/or to
contact an Association officer on a matter within
the scope of representation.
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in the application of this provision, it is agreed and
understood that in each such 'instance advance
arrangements including disclosure of which of the above
purposes is the reason for the visit, will be made with the
departmental representative in charge of the work area, and
the visit will not interfere with County services.
2.6 Use of County Buildings. The Association shall be
allowed the use of areas normally used for meeting
purposes for meetings of County employees during non-
work hours when:
a. Such space is available and its use by the
Association is scheduled twenty-four (24) hours in
advance; .
b. there is no additional cost to the County;
C. it does not interfere with normal County operations;
d. employees in attendance are not on duty and are
not scheduled for duty; '
e. the meetings are on matters within the scope or
representation.
The administrative official responsible for the space shall
establish and maintain scheduling of such uses. The
Association shall maintain proper order at the meeting, and
see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally
used in the conduct of business meetings, such as desks,
chairs, ashtrays, and blackboards) is prohibited, even
though it may be present in the meeting area.
2.7 Advance Notice. The Association shall, except in
cases of emergency, have the right to reasonable notice of
any ordinance, rule, resolution or regulation directly
relating to matters within the scope of representation
proposed to be adopted by the Board, or boards and
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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.
2.8 Assignment of Classes to Bargaining Units. The
County shall assign new classes in accordance with the
following procedure:
a. Initial Determination. When a new class title is
established, the Employee Relations Officer shall
review the composition of existing representation
units to determine the appropriateness of including
some. or all of the employees in the new class in
one or more existing representation units, and
within a reasonable period of time shall notify all
recognized employee organizations of his
determination.
b. Final Determination. This determination is final
unless within ten days after notification a
recognized employee organization requests in
writing to meet and confer thereon.
C. Meet and Confer and Other Steps. He shall meet
and confer with such requesting organizations (and
with other recognized employee organizations
where appropriate) to seek agreement on this
matter within sixty days after the ten-day period in
Subsection (b), unless otherwise mutually agreed.
Thereafter, the procedures in cases of agreement
and disagreement, arbitration referral and
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expenses, and criteria for determination shall
conform to those in Subsections (d) through (i) of
Section 34-12.008 of Board of Supervisors'
Resolution 81 /1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed,
color, national origin, sex, sexual orientation or Association
activities against any employee or applicant for
employment by the County or by anyone employed by the
County; and to the extent prohibited by applicable State
and Federal law there shall be no discrimination because of
age. There shall be no discrimination against any
handicapped person solely because of such handicap unless
that handicap prevents the person from meeting the
minimum standards established for a position or from
carrying out the duties of the position safely.
SECTION 4 OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as
official representatives of the Association shall be allowed
to attend meetings held by County agencies during regular
working hours on County time as follows:
a. If their attendance is required by the County at a
specific meeting;
b. if their attendance is sought by a hearing body or
presentation of testimony or other reasons;
C. if their attendance is required for meeting(s)
scheduled at reasonable times agreeable to all
parties required to address appeals filed pursuant
under Section 24 (Management Complaint
Procedure) of this Memorandum;
d. if they are designated as spokesperson or
representative of the Association and as such make
- 9 -
expenses, and criteria for determination shall
conform to those in Subsections (d) through (i) of
Section 34-12.008 of Board of Supervisors'
Resolution 81 /1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed,
color, national origin, sex, sexual orientation or Association
activities against any employee or applicant . for
employment by the County or by anyone employed by the
County; and to the extent prohibited by applicable State
and Federal law there shall be no discrimination because of
age. There shall be no discrimination against any
handicapped person solely because of such handicap unless
that handicap prevents the person from meeting the
minimum standards established for a position or from
carrying out the duties of the position safely.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as
official representatives of the Association shall be allowed
to attend meetings held by County agencies during regular
working hours on County time as follows:
a. If their attendance is required by the County at a
specific meeting;
b. if their attendance is sought by a hearing body or
presentation of testimony or other reasons;
C. if their attendance is required for meeting(s)
scheduled at reasonable times agreeable to all
parties required to address appeals filed pursuant
under Section 24 (Management Complaint
Procedure) of this Memorandum;
d. if they are designated as spokesperson or
representative of the Association and as such make
- 9 -
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 or his designee, and
the County agency calling the meeting is
responsible for determining that the attendance of
the particular employee(s) is required.
4.2 Association Representatives. Official
representatives of the Deputy Sheriffs' Management Unit
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 or his designee.
4.3 DSA President (N/A)
SECTION 5 - SALARIES
5.1 General Wage Adjustments
Effective Date Amount of Increase
July 1 , 1994 4.5% (44 levels)
October 1 , 1994 4.0% (39 levels)
January 1 , 1995 4.0% (39 levels)
5.2 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.
_ 10 -
5.3 Anniversary Dates. Except as may otherwise be
provided for in deep class resolutions, anniversary dates
will beset 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
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a classified position from outside the County's
merit system at a rate above the minimum salary
for the employee's new class, or who is transferred
from another governmental entity to this County's
merit system, is one (1 ) year from the first day of
the calendar month after the calendar month when
the employee was appointed or transferred;
provided however, when the appointment or
transfer is effective on the employee's first
regularly scheduled work day of that month,
his/her anniversary is one (1 ) year after the first
calendar day of that month.
5.4 Increments Within Range. The performance of
each employee, except those of employees already at the
maximum salary step of the appropriate salary range, shall
be reviewed on the anniversary date as set forth in
Section 5.2 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 the 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
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advancement shall be made retroactive to the first of the
month when eligible.
5.5 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.
5.6 Compensation for Portion of Month. Any
employee who works less than any full calendar month,
except when on earned vacation or authorized sick leave,
shall receive as compensation for services an amount which
is in the same ratio to the established monthly rate as the
number of days worked is to the actual working days in
such employee's normal work schedule for the particular
month; but if the employment . is intermittent,
compensation shall be on an hourly basis.
5.7 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 5.9 - Salary on Promotion.
- 13
5.8 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an
employee in a class which is allocated 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 5.8.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,
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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 5.8.
5.9 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 5.12 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.
In the event of the promotion of a laid off employee from
the layoff list to the class from which the employee was laid
off, the employee shall be appointed at the step which the
employee had formerly attained in the higher class unless
such step results in an increase of less than five percent
(59o), in which case the salary shall be adjusted to the step
in the new range which is five percent greater than the next
higher step, if the new range permits such adjustment.
5.10 Salary on Involuntary Demotion. Any employee
who is demoted, except as provided under Section 5.121
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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 (59Q, 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.
5.11 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, the new salary shall be set at the step
next below former salary.
5.12 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. If the
transfer is to a deep class, the provisions of the deep class
resolution on salary of transfers, if any, shall apply in lieu
of the above provisions.
- 1G -
5.13 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 5.9
Salary on Promotion of this Memorandum, commencing on
the eleventh (11 th) work day 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. The appropriate authorization form has been
submitted by the Department Head and approved
by the County Administrator.
f. Higher pay assignments shall not exceed six (6)
months except through reauthorization.
g. 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.
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h. Any incentives (e.g., the education incentive) and
special differentials (e.g., bilingual differential and
canine differential) accruing to the employee in
his/her permanent position shall continue unless
the employee is no longer performing the duties
which warrant the differentials.
L 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.
j. 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.
5.14 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
(2.5th) day of each month, draw his/her warrant upon the
Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1 /3)
or less (at the option of the employee) of the employee's
basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less
all requested or required deductions.
The election to receive an advance shall be made on or
before April 30 or October 31 of each year or during the
first month of employment by filing on forms prepared by
the Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the
month following the deadline for filing the notice and shall
remain effective until revoked.
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in the case of an election made pursuant to this Section
5.14 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.
5.15 Deferred Compensation Incentive Program.
Employees with a break in deferred compensation
contributions because of either an approved medical leave
or approved financial hardship withdrawal shall not be
required to reestablish eligibility. Further, employees who
lose eligibility due to budgetary constraints but maintain
contributions at the required level and later return to an
eligible position shall not be required to reestablish
eligibility.
SECTION 6 - DAYS AND HOURS OF WORK
6.1 Normal Work Week. 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, but
his/her working time shall not exceed an average of forty
(40) hours per seven (7) day period throughout an opera-
tional cycle, and the department head shall prepare written
schedules in advance to support all deviations, the
schedules to encompass the complete operational cycle
contemplated.
6.2 Time Changes: PST/DST (N/A)
6.3 Shift Options. Nothing herein shall preclude the
Sheriff from assigning members of this unit to the same
shift pattern as a majority of employees they supervise.
SECTION 7 - OVERTIME AND COMPENSATORY TIME (N/A)
SECTION 8 CALL BACK TIME (N/A)
_ 19 -
SECTION 9 - ON-CALL DUTY (N/A)
SECTION 10 - WORK SCHEDULING (N/A)
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 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.
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1 1.4 Particular Rules on Di Placinq.
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 .3.6 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 shall carry the
seniority accrued in the former class into the new class.
Service for layoff and displacement purposes includes only
the employee's last continuous permanent County
employment. Periods of separation may not be bridged to
extend such service unless the separation is a result of
layoff in which case bridging will be authorized if the
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employee is reemployed in a permanent position within the
employee's layoff eligibility.
Approved leaves of absence as provided for in these rules
and regulations shall not constitute a period of separation.
In the event of ties in seniority rights in the particular class
in question, such ties shall be broken by length of last
continuous permanent County employment. If there remain
ties in seniority rights, such ties shall be broken by
counting total time in the department in permanent
employment. Any remaining ties shall be broken by
random selection among the employees involved.
11.6 Eligibility_ for Layoff List. Whenever any person
who has permanent status is laid off, has been displaced,
has been demoted by displacement or has voluntarily
demoted in lieu of layoff or displacement, or who has
transferred 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.
1.1.7 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
or who have transferred in lieu of layoff or displacement.
Names shall be listed in order of layoff seniority in the class
from which laid off, displaced, demoted, or transferred 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
- 22 -
additional two years if appa-ication 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 or who have transferred in lieu of layoff or
displacement. 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 & 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 Fist, 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 Association Notification. When it appears to the
department head and/or Employee Relations Officer that
the Board of Supervisors may take action which will result
in the layoff of employees in a representation unit
represented by the Deputy Sheriffs' Association, the
Employee Relations Officer shall notify the Association of
the possibility of such layoffs and shall meet and confer
with it regarding the implementation of the action.
The County agrees to give employees ten (10) work days
(eight (8) work days for employees .on the "4-10" workweek)
notice of layoff except in cases of emergency.
SECTION 12 - HOLIDAYS (See Section 19)
12.1 Holidays Observed (N/A)
12.2 Application of Holiday Credit (N/A)
1.2.3 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-
- 24 -
k
time schedule, regardless of-whether the holiday falls on
the part-time employee's regular work day.
12.4 4-10 Shift Holidays (N/A)
12.5 Accrual & Combining of Holiday Compensation
Time with Overtime Compensation Time (N/A)
12.6 Holidays & Court Appearances - Investigative
Division (N/A)
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 5.5 of this Memorandum
of Understanding. Vacation credits may not be taken
during the first six (6) months of employment (not
necessarily synonymous with probationary status) except
where sick leave has been exhausted; and none shall be
allowed in excess of actual accrual at the time vacation is
taken.
13.2 Vacation Accrual Rates (See Section 19)
13.3 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.
13.4 Vacation Allowance for Separated Employees.
On separation from County service, an employee shall be
- 25 -
paid for any unused vacation credits at the employee's then
current pay rate.
13.5 Pro-rated Accruals. Employees in permanent part-
time and permanent-intermittent positions shall accrue
vacation benefits on a prorated basis as provided in
Resolution 81 /1165, Section 32-2.006.
SECTION 14 - SICK LEAVE
14.1 Purpose. The purpose of paid sick leave is to
insure employees against loss of pay for temporary
absences from work due to illness or injury. Sick leave may
be used only as authorized; it is not paid time off which
employees may use for personal activities.
14.2 Accrual. Sick leave credits accrue at the rate of
eight (8) working hours credit for each completed month of
service. Employees who work a portion of a month are
entitled to a pro rata share of the monthly sick leave credit
computed on the same basis as is partial month
compensation.
Credits to and charges against sick leave are made in
minimum amounts of one-tenth (1 /10) hour. Unused sick
leave credits accumulate from year to year. When an
employee is separated, other than through retirement,
accumulated sick leave credits shall be cancelled, unless
the separation results from layoff in which case the
accumulated credits shall be restored if the employee is
reemployed in a permanent position within the period of
his layoff eligibility.
Upon retirement, an employee's accumulated sick leave
shall be converted to retirement time on the basis of one
day of retirement service credit for each day of accumulated
sick leave credit.
Accumulated paid sick leave credits may be used, subject to
appointing authority approval, by an employee in pay
status, but only in the following instances:
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a. An employee may use paid sick leave credits when
the employee is off work because of a temporary
illness or injury.
b. Sick leave may be used by permanently disabled
employees until all accruals of the employee have
been exhausted or until the employee is retired by
the Retirement Board subject to the. conditions
listed below. For the purposes of this Section 14
permanent disability shall mean the employee
suffers from a disabling physical injury or illness
and is thereby prevented from engaging in any
County occupation for which he or she is qualified
by reason of education, training or experience.
Sick leave credits may be used under this provision
only when the following requirements are met:
1 . An application for retirement due to disability
has been filed with the Retirement Board; and
Z. Satisfactory medical evidence of such
disability is received' by the appointing
authority within thirty (30) days of the start of
use of sick leave for permanent disability.
The appointing authority may review medical
evidence and order further examination as he
deems necessary, and may terminate use of
sick leave when such further examination
demonstrates that the employee is not
disabled, or when the appointing authority
determines that the medical evidence
submitted by the employee is insufficient, or
where the above conditions have not been
met. -
c. Communicable Disease. An employee may use paid
sick leave credits while under a physician's orders
to remain secluded due to exposure to a
communicable disease.
d. Sick Leave Utilization for Pregnancy Disability.
Every female employee shall be entitled to at least
- 27 -
four months leave of absence on account of
pregnancy disability and to use available sick leave
or vacation pay entitlements during such leave.
1 , Application for such leave must be made by
the employee to the appointing authority
accompanied by a written statement of
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. The
appointing authority retains the right to
medical review of all requests for such leave.
2. If a female employee does not apply for sick
leave and the appointing authority believes
that the employee is not able to properly
perform her work or that her general health is
impaired due to disability caused or
contributed to by pregnancy, miscarriage,
abortion, childbirth or recovery therefrom, the
employee shall be required to undergo a
physical examination by a physician selected
by the County, and the cost of such
examination shall be borne by the County.
Should the medical report so recommend, a
mandatory leave shall be imposed upon the
employee for the duration of the disability.
3. If all accrued sick leave has been utilized by
- the employee the employee shall be
considered on leave without pay. Sick leave
may not be utilized after the employee has
been released from the hospital unless the
employee has provided the County with a
written statement from her attending
physician stating that her disability continues
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k
and the projected date of the employee's
recovery from such disability.
e. Medical and Dental Appointments. An employee
may use paid sick leave credits for medical and
dental appointments as follows:
1 . For working time used in keeping medical and
dental appointments for the employee's own
care; and
2. Effective the first of the month following the
execution of this agreement, for working time
(not over forty (40) hours in each fiscal year)
used by an employee for pre-scheduled
medical and dental appointments for an
immediate family member living in the
employee's home and for children and parents
who may reside outside of the employee's
home. Such use of sick leave credits shall be
accounted for by the department on a fiscal
year basis. Any balahce of the forty (40)
hours remaining at the end of the fiscal year
shall not be carried over to the next year;
departments shall notify the employee if the
maximum allowance is reached.
Authorization to use sick leave for this
purpose is contingent on availability of
accumulated sick leave credits; it is not an
additional allotment of sick leave which
employees may charge.
f. Emergency Care of Family. Effective the first of the
month following the execution of this Agreement,
an employee may use paid sick leave for working
time used in cases of illness, or injury to, an
immediate family member living in the employee's
home, or for children and parents who may reside
outside of the employee's home.
g. Death of Family Member. An employee may use
said sick leave credits for absence from work
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because of a death in the employee's immediate
family, but this shall not exceed three (3) working
days plus up to two (2) days of work time for
necessary travel.
h. Definition of Immediate Family. For the purposes of
this Section 14 the immediate family shall be
restricted to the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, step-
mother, brother, sister, grandparent, grandchild,
father-in-law, mother-in-law, son-in-law, daughter-
in-law, brother-in-law or sister-in-law, of an
employee.
14.3 Administration of Sick Leave. _Accumulated paid
sick leave credits may not be used in the following
situations:
a. Self-inflicted Injury. For time off from work for an
employee's illness or injury caused by his or her
willful misconduct.
b. Vacation. For an employee's illness or injury while
the employee is on vacation except when
extenuating circumstances exist and the
appointing authority approves.
C. Not in Pay Status. When the employee would
otherwise be eligible to use paid sick leave credits
but is not in a pay status.
The proper administration of sick leave is a responsibility
of the employee and the department head. Employees are
responsible for notifying their respective division of an
absence as early as possible prior to the commencement of
their work shift and in accordance with divisional
operational requirements. Notification shall include the
reason and possible duration of the absence. Employees
are responsible for keeping their department informed of
their continuing condition and probable date of return to
work. Employees are responsible for obtaining advance
approval from their appointing authority or designee for
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a ..r
the schedule time of prearranged personal or family
medical and dental appointments.
The use of sick leave may be denied if these procedures are
not followed. Abuse of sick leave on the part of the
employee is cause for disciplinary action. To ascertain the
propriety of claims against sick leave, the department head
may make such investigations as he deems necessary
including medical verification of illness.
14.4 Sick Leave/Absenteeism. Before an employee is
placed in a corrective counselling phase for absenteeism,
there shall be an informal discussion between a
representative of management, a designated representative
of the Association and the affected employee, on the issue.
Recordkeeping shall be informal, only reflecting the date of
the meeting and the participants. However, with regards to
these meetings, the Department may maintain anonymous
statistical information on the success of the program.
The Department shall centralize the administration of its
sack leave/absenteeism program. ' . .
14.5 Disability. 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.
An appointing authority who has reasonable cause to
believe that there are physical or mental health conditions
present in an employee which endanger the health or safety
of the employee, other employees, or the public, or which
impair the employee's performance of duty, may order the
employee to undergo at County expense and on the
employee's paid time, a physical, medical and/or
psychiatric examination by a licensed physician and receive
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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.
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.
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.
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:
a. a statement of the leave of absence or suspension
proposed;
b. the proposed dates or duration of the leave or
suspension which may be indeterminate until a
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t.
certain physical or mental health condition has
been attained by the employee;
C. a statement of the basis upon which the action is
being taken;,
d. a statement that the employee may review the
materials upon which the action is taken;
e. 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.
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.
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 of in writing before the
proposed action may be taken.
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.
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.
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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:
a. the physical or mental health condition cited by the
appointing authority does not exist, or
b. 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.
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.
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. The scope of the Arbitrator's
review shall be restricted as follows:
a. The arbitrator may affirm, modify or revoke the
leave of absence or suspension.
b. The arbitrator may make his decision based only on
evidence submitted by the County and the
employee.
C. The arbitrator may order back pay or paid sick
leave credits for any period of leave of absence or
suspension if the leave or suspension is found not
- 34 -
to be sustainable, subject to the employee's duty to
mitigate damages.
d. The arbitrator's fees and expenses shall be paid
one-half by the County and one=half by the
employee or employee's association.
14.6 Workers' Compensation.
A. State Labor Code 4850 Pay. Law enforcement
officers as defined in State Labor Code 4850
who are members of the Contra Costa County
Retirement System continue to receive full
salary benefits in lieu of temporary disability
during any absence from work which qualifies
for workers' compensation benefits.
Currently, the maximum "4850 pay" is one
year for any injury or illness. To be eligible
for this benefit the employee must be under
the care of a physician. All 4850 pay shall be
approved by the Personnel Department, Safety
and Benefits Division.
B. Sick Leave and Vacation. Sick leave and
vacation shall accrue in accordance with the
provision of State Labor Code 4850.
C. 4850 Pay Beyond One Year. If an injured
employee remains eligible for workers'
compensation temporary disability benefits
beyond one year, full salary will continue by
integrating sick leave and/or vacation
accruals with workers' compensation benefits
(use of vacation accruals must be approved by
the department and the employee). If salary
integration is no longer available because
accruals are exhausted, workers'
compensation benefits will be paid directly to
the employee as prescribed by workers'
compensation laws.
- 35 -
D. Rehabilitation Integration. An injured
employee who is eligible for workers'
compensation rehabilitation temporary
disability benefits and who has exhausted
"4850 pay" eligibility will continue to receive
full salary by integrating sick leave and/or
vacation accruals with workers' compensation
rehabilitation temporary disability benefits.
When these accruals are exhausted, the
rehabilitation temporary disability benefits
will be paid directly to the employee as
prescribed by workerscompensation laws.
E. Health Insurance. The County contribution to
the employee's group insurance plan(s)
continues during the "4850 pay" period and
during integration of sick leave or vacation
with workers' compensation benefits.
F. Integration Formula. 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/day (in hrs.)
W = Statutory workers' compensation per mo.
S = Monthly salary
14.7 Labor-Management Committee (N/A)
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 Revision of Sick Leave Policy. The County agrees
to meet and confer with the Association along with the
other employee organizations in the coalition regarding
implementation of a revised Countywide Sick Leave Policy.
The County agrees to discuss flexibility in the use of sick
leave including alternative incentives. Such meet and
confer sessions shall take place during the term of this
- 36 -
MOU, provided however that only the DSA can amend its
MOU in conjunction with the County, and therefore the DSA
-cannot be outvoted in the. coalition to agree to a County
proposal.
SECTION 15 - LEAVE OF ABSENCE
15.1 Leave Without Pay. Any employee who has
permanent status in the classified service may be granted
a leave of absence without pay upon written request,
approved by the appointing authority; provided, however,
that leaves for pregnancy shall be granted in accordance
with applicable state and federal law. Upon request to the
appointing authority, any employee who has permanent
status in the classified service shall be entitled to at least
an eighteen (18) week (less if so requested by the
employee) parental leave of absence, commencing with the
birth, adoption, or serious illness of a child or dependent
parent.
Insofar as pregnancy disability leave is used under Section
14.2.13, 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:
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a. Illness or disability;
b. pregnancy;
c. parental;
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 pay desires to return before the expiration of such
leave, the employee shall so request of the appointing
authority in writing at least fifteen (15) days in advance of
the return for approval by the appointing authority. The
Personnel Department shall be notified promptly of such
return. Failure to submit timely written notice may result
in the employee not being permitted to return to work until
the required notice period has elapsed.
Except with respect to leave due to pregnancy, illness or
disability, the decision of the appointing authority on
granting or denying a leave of absence shall be subject to
appeal to the Personnel Director and not subject to appeal
through the grievance procedure set forth in Section 23 of
this Memorandum of Understanding.
15.2 Military Leave. Any employee in the merit system
and who is required to serve as a member of the State
Militia or the United States Army, Navy, Air Force, Marine
Corps, Coast Guard or any division thereof shall be granted
a military leave for the period of such service, plus ninety
- 38 -
(90) days. An employee who volunteers for such service
may be granted a leave of absence if necessary in
-accordance with applicable state or federal laws. Upon
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 and then only on the basis of seniority.
In case of severance from service by reason of the
reinstatement of a permanent employee, the provisions of
Section 11 (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 receive
salary increments that may accrue to them during the
period of military Leave.
- 39 -
15.5 Unauthorized Absence. An unauthorized absence
from the work site or failure to report for duty after a leave
-request has been disapproved, revoked, or cancelled by the
appointing authority, or at the expiration of a leave shall be
without pay. Such absence may also be grounds for
disciplinary action.
SECTION 16 - JURY DUTY AND WITNESS DUTY
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.
- 40 -
Witness Duty. Employees called upon as a witness or an
expert witness in a case arising in the course of their work
or the work of another department may remain in their
regular pay status and turn over to the County all fees and
expenses paid to them other than mileage allowance or
they may take vacation leave or leave without pay and
retain all fees and expenses.
Employees called to serve as witnesses in private cases or
personal matters (e.g., accident suits and family relations)
shall take vacation leave or leave without pay and retain all
witness fees paid to them.
Retention or waiver of fees shall be governed by the same
provisions as apply to jury duty as set forth in Section 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, WELFARE, LIFE & DENTAL CARE
17.1 County Programs (N/A)
17.2 Health and Dental Subvention (N/A)
17.3 Rate Information (N/A)
17.4 Medicare Rates (N/A)
17.5 Partial Month (N/A)
17.6 Coverage During Absences (N/A)
17.7 Retirement Coverage (N/A)
17.8 Dual Coverage (N/A)
17.9 Physical Fitness Plan'.-(N/A)
-17.10 Employee Assistance Program. Any contract
between the Sheriffs Department which provides an
employee assistance program, including the present
contract with Occupational Health Services shall include the
following language:
Records, including any information whether recorded or .
not, pertaining to the identity, diagnosis or treatment of
any employee or the employee's family dependent(s) which
are maintained in connection with the performance of this
contract shall be confidential, even as to the employer, and
disclosed only under the following circumstances:
a. When disclosure is authorized with the written and
signed consent of the employee or the family
dependent(s). Such consent must state:
1 . the name of the person or organization to
whom disclosure is to be made;
2. the specific type of information to be
disclosed;
3. the purpose or need for such disclosure.
b. When an employee's records are subpoenaed and
are not otherwise protected by professional
privileged relationships, contractor will contact the
employee who's records are subpoenaed
immediately by phone if possible and in any event
in writing as soon as possible. Written
communication shall inform the employee of
his/her access to the exclusive representative for
aid if he/she so desires. Contractor will cooperate
with employee and/or his legal representative in
asserting confidentiality. Even records subpoenaed
will only be turned over after a final court order.
The employer bears no responsibility under this
paragraph.
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C. Contractor agrees to operate a system of records
on individuals in accordance with all State and
Federal laws pertaining to the confidentiality of
alcohol, drug, and mental health records and the
Federal Privacy Act of 1974.
d. The Association is a third-party beneficiary.
17.11 Medical Coverages
A. Health Coverages. Effective February 1 , 1994
the County will offer medical plans including
Contra Costa Health Plan (CCHP), Kaiser,
QualMed, Delta Dental and Safeguard Dental.
B. Health Plan Subvention. Effective February 1 ,
1994 CCHP = 98% County share;
QualMed/Kaiser HMO's = 79% County share.
QualMed PPO = 77% County_ share to October
31 , 1994.
C. Dental Benefit Increase: Effective February 1 ,
1994 Delta Dental annual maximum benefit
-per member is increased from $1 ,000 to
$1 ,200.
D. Kaiser Copays. Effective February 1 , 1994,
Kaiser office visit = $3.00; Kaiser drugs =
$3.00.
E. Future QualMed PPO Increased. Effective
November 1 , 1994 the County and the
employees will equally share (50%/50%) the
amount of any premium increases which have
been guaranteed by QualMed to be a
maximum of nine (9%).
F. Runout. The County agrees to assume all
runout costs associated with termination of
the 1 st Choice Health Plan and indemnify the
1 st Choice trustees.
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G. Open Enrollment� Open enrollment on a one-
time basis shall be conducted through
February 1994 and shall subsequently be in
November of each year. Any 1 st Choice
members who have not designated a new plan
as of February 1 , 1994 have automatically
enrolled in the QualMed HMO but may change
their enrollment until March. 1 , 1994.
Between February 1 , 1994 and July 31 , 1994
QualMed members may change either from
the PPO to the HMO and/or from the HMO to
the PPO once each.
H. Flexible Benefit Account for 1994. Effective
as soon as possible but no later than ninety
(90) days from the date this Agreement, the
County will establish a Flexible Benefit
Account for each DSA member in accordance
with the provisions of the IRS Code Section
125. The County will contribute seven
hundred twenty dollars ($720.00) into each
employee's Flexible Benefit Account for 1994.
I. Flexible Benefit Account for 1995. The
amount to be contributed for 1995 shall be
the actual savings for 1994 as determined by
comparing 10/93 1 st Choice enrollment data
to 10/94 QualMed enrollment data minus the
projected savings of five hundred and
nineteen thousand dollars ($529,000) plus
nine months worth of savings projected for
1995 based on 10/94 enrollment data minus
seven and one half percent (7.590 of such
savings.,
J. Individual Enrollment Problems. The County
will join with the DSA in negotiating
resolution of any individual enrollment or
coverage problems which may occur with the
transfer of 1 st Choice members to QualMed.
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K. Retirees. Upon termination of 1 st Choice
Health Plan benefits, retirees who have
qualified as 1 st . Choice Health Plan
subscribers may enroll in any health plan
offered by the County effective February 1 ,
1994. Other retirees may change health plans
no later than February 28, 1994.
17.12 Wellness Incentive. The parties will continue to
meet and confer regarding a one percent (1%) subvention
increase for employees willing to sign a pledge to maintain
a healthy lifestyle. Mutual agreement shall be required for
implementation.
SECTION 18 - PROBATIONARY PERIOD
18.1 Length of Probation (N/A)
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 Criteria. The probationary period shall commence
from the date of appointment. It shall not include time
served in provisional or temporary appointments or any
period of continuous absence exceeding fifteen (15)
calendar days, except as otherwise provided in the
Personnel Management Regulations or by law.
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.
- 45 -
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 rejection during the probationary
period based on political or religious
affiliations or opinions, association activities,
or race, color, national origin, sex, age,
handicap or sexual orientation.
B. The appeal must be written, must be signed
by the employee and set forth the grounds
and facts by which it is claimed that grounds
for appeal exist under subsection (A) and
must be filed through the Director of
Personnel to the Merit Board by 5:00 p.m. on
the 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.
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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. If
the appointing authority has not returned the probation
report, or 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 ih 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 Fist from which the employee was certified unless
the employee receives the affirmative recommendation
from the appointing authority and is certified by the
Personnel Director whose decision is final. The Director of
Personnel shall not certify the name of a person restored to
the eligible list to the same appointing authority by whom
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the person was rejected fromtthe 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 form 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.
1.8.7 Rejection During Probation 'of Laid Off Employee
(N/A)
18.8 Probationary Deputy Sheriffs Into Investigation
Division (N/A)
18.9 Deputy Sheriff and Deputy Sheriff Recruits
Residency Requirement (N/A)
SECTION 19 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
19.1 Benefits. Employees in the Deputy Sheriffs'
Management Unit eligible for specific management
compensation and benefits enumerated in Resolution No.
92/107 (Compensation for County Officers, Management
and Unrepresented Employees for the Period October 1 ,
1991 to September 30, 1993) shall continue their eligibility
except as the management compensation and benefit plan
may be amended from time to time at the sole discretion of
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the Board of Supervisors. Those sections of Resolution
92/107 which apply to employees in this unit are as
follows:
il. Incentives
A. Management 2.5% Longevity Pay Plan
B. Deferred Compensation Incentive
D. Management Peace Officer Training Incentive
Program
III. Differential
E. Physical Fitness Differential for Law Enforcement
Management
F. Bilingual Pay Differential
K. Sheriffs' Standby Watch Commander Differential
L. Sheriffs' Administrative Differential
IV." Leaves & Pay for Time Not Worked
A. Holidays '
B. Floating Holidays
C. Application of Holiday Credit
D. Vacation Accrual
E. Annual Management Administrative Leave
G. Sick Leave (see Section 14)
H. Furlough Days w/o Pay
I. Leaves of Absence/Family Care Leaves
for Management & Unrepresented Employees
V. Benefits & Allowances
A. Health Plan Contribution Rates
B. Health Plan Coverages and Provisions
C. Eligibility Criteria Applicable to All Enrollees in
1 st Choice, Kaiser or CCHP Medical Plans
D. Workers' Compensation (see Section 14.6)
E. Personal Protective Equipment
F. Mileage Reimbursement
H. Retirement Contribution
I. 414H Participation
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PA'S
J. Management Life Ins,'u'rance
L. Training
M. Management Development Policy
N. Long-Term Disability Insurance
O. Vacation Buy Back
P. Uniform Allowance
R. Professional Development
S. Sick Leave Incentive Plan
VI. Terms & Conditions of Employment
A. Overtime Exclusion
B. Part-Time Employees
C. Permanent-Intermittent Employees
D. Length of Service Credits
E. Mirror Classifications
F. Deep Classes
G. Administrative Provision
19.2 Watchstanding Conditions. The changes proposed
in Watchstanding Conditions contained in the
Memorandum to All Lieutenants from the Sheriff dated
January 4, 1994 are agreed to by all the parties.
19.3 Uniform Allowance (N/A)
19.4 Sheriffs Dispatchers (N/A)
SECTION 20 - PROMOTION
20.1 Competitive Exam. Promotion shall be by
competitive examination unless otherwise provided in this
Memorandum of Understanding.
20.2 Promotion Policy. The Director of Personnel, upon
request of an appointing authority, shall determine whether
an examination is to be called on a promotional basis.
20.3 Certification Rule (N/A)
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20.4 Open Exam. If an examination for one of the
classes represented by the Association is proposed to be
-announced on an Open only basis the Director of Personnel
shall give five (5) days prior notice of such proposed
announcement and shall meet at the request of the
Association to discuss the reasons for such open
announcement.
20.5 Promotion Via Reclassification Without Exam.
Notwithstanding other provisions of this Section, an
employee may be promoted from one classification to a
higher classification and his position reclassified at the
request of the appointing authority and under the following
conditions:
a. An evaluation of the position(s) in question must
show that the duties and responsibilities have
significantly increased and constitute a higher level
of work.
b. The incumbent of the position must have
performed at the higher level for one (1 ) year.
C. The incumbent must meet the minimum education
and experience requirements for the higher class.
d. The action must have approval of the Personnel
Director.
e. The Association approves such action.
The appropriate rules regarding probationary status and
salary on promotion are applicable.
20.6 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
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from the merit system, 'except. by layoff, the employee's
name shall be removed from the promotional list.
20.7 Seniority Credits. Employees who have qualified
to take promotional examinations and who have earned a
total score, not including seniority credits, of seventy
percent (70%) or more, shall receive, in addition to all other
credits, five one-hundredths of one percent (.05%) for each
completed month of service as a permanent County
employee continuously preceding the final date for filing
application for said examination. For purposes of seniority
credits, leaves of absence shall be considered as service.
Seniority credits shall be included in the final percentage
score from which the rank on the promotional list is deter-
mined. No employee, however, shall receive more than a
total of five percent (5%) credit for seniority in any
promotional examination.
20.8 Physical Examination. County employees who are
required as part of the promotional examination process to
take a physical examination shall do so on County time at
County expense.
SECTION 21 - TRANSFERS (N/A) -
SECTION 22 - RESIGNATIONS
An employee's voluntary termination of service is a
resignation. Written resignations shall be forwarded to the
Personnel Department by the appointing authority
immediately on receipt, and shall indicate the effective date
of termination. Oral resignation shall be immediately
confirmed by the appointing authority in writing to the
employee and to the Personnel Department and shall
indicate the effective date of termination.
22.1 Resignation in Good Standing. A resignation
giving the appointing authority written notice at least two
(2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notice, or
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consents to the employee's terminating on shorter notice)
is a resignation in good standing.
22.2 Constructive Resignation. A constructive
resignation occurs and is effective when:
a. An employee has been absent from duty for five (5)
consecutive working days without leave, and;
b. Five (5) more consecutive work 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.
22.3 Effective Resignation. A resignation is effective
when delivered or spoken to the appointing authority,
operative either on that date or another date specified.
22.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the employee and
the appointing authority.
22.5 Coerced Resignations.
A. Time Limit. A resignation which the employee
believes has been coerced by the appointing
authority may be revoked within seven (7)
calendar days after its expression, by serving
written notice on the Director of Personnel
and a copy on the appointing authority.
B. Reinstatement. If the appointing authority
acknowledges that the employee could have
believed that the resignation was coerced, it
shall be revoked and the employee returned
to duty effective on. the day following the
appointing authority's acknowledgement
without loss of seniority or pay.
C. Contest. Unless, within seven (7) days of the
receipt of the notice, the appointing authority
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acknowledges that the resignation could have
been believed to be coerced, this question
shall be handled as .an appeal to the Merit
Board.
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 23 - DISMISSAL, SUSPENSION AND DEMOTION
23.1 Cause for Disciplinary Action. The appointing
authority may dismiss, suspend, demote, or reduce within
class, any employee for cause. The following are sufficient
causes for such action; the list is indicative rather than
inclusive of restrictions and dismissal, suspension,
reduction 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 and/or
Office of the Sheriff-Coroner into disrepute,
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
g. being at work under the influence of liquor or
drugs, carrying onto the premises liquor or drugs
or consuming or using liquor or drugs during work
hours and/or on County premises,
- 54 -
h. neglect of duty, (i.e. non-performance of assigned
responsibilities),
L negligent or willful damage to public property or
waste of public supplies or equipment,
i
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,
I. 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.
23.2 Skelly Requirements - Notice of Proposed Action
(Skelly Notice). Before taking a disciplinary action to
dismiss, suspend, for more than five (5) work days (four (4)
- 55 -
work days for employees .on "4-10" work week), demote or
reduce within class 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.
e. A statement that the employee has seven (7)
calendar days to respond to the appointing
authority either orally or in writing.
23.3 Employee Response. The employee upon whom a
Notice of Proposed Action has been served shall have seven
(7) calendar days to respond to the appointing authority
either orally or in writing before the proposed action may
be taken. Upon request of the employee and for good
cause, the appointing authority may extend in writing the
period to respond. If the employee's response is not filed
within seven (7) days or during any extension, the right to
respond is lost.
23.4 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.
- 56 -
23.5 Length of Suspension. Suspensions without pay
shall not exceed thirty (30) days unless ordered by an
adjustment board or the Merit Board.
23.6 Procedure on Dismissal, Suspension or
Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend,
or demote an employee having permanent
status in a position in the merit system after
having complied with the Skelly requirements
where applicable, the appointing authority
shall make an order in writing stating
specifically the causes for the action.
B. Service of Order. Said order of dismissal,
suspension, or demotion shall be filed with
the Director of Personnel, showing by whom
and the date a copy was 'served upon the
employee to be dismissed, suspended or
demoted, either personally or by certified mail
to the employee's last known mailing address.
The order shall be effective either upon
personal service or deposit in the U.S. Postal
Service.
C. Employee Appeals from Order. The employee
may appeal an order of dismissal, suspension
or demotion to the Merit Board.
SECTION 24 - MANAGEMENT COMPLAINT PROCEDURE
24.1 Definition. Any dispute by an employee over the
application of any section of this MOU which cannot be
resolved administratively, or is not handled under the
jurisdiction of the County Merit Board may be addressed
under provisions of Resolution 83/987 (Management
Complaint Procedure) as follows:
Step 1 - Immediate Supervisor. Any management employee
(complainant) who believes that he/she has been adversely
- 57 -
affected by the application or interpretation of a rule,
regulation, or procedure or otherwise adversely affected in
a manner not within the scope of available appeal avenues,
may within thirty (30) calendar days discuss the problem
with his/her immediate supervisor. If the problem is not
resolved at this step, the employee may use Step 2.
Step 2 - Department Head. If a complaint is not resolved in
Step 1 , the complainant may, with seven (7) calendar days
after the immediate supervisor's response, request an
appointment with his/her immediate supervisor. If the
problem is not resolved at this step, the complainant may
use Step 3 or Step 4.
Step 3 - Mediation. If a complaint is not resolved at Step 2,
the complainant may, within seven (7) calendar days after
the Department Head's response, file a written request with
the Director of Personnel for mediation. This request shall .
contain a description of the problem and the specific issue.
The Director of Personnel, or his designee shall meet with
the complainant and Department Head, or designee, within
ten 0 0) work days and select a mutually agreed-upon
mediator. The mediation shall be confidential and shall not
become part _of the complainant's personnel record. If a
resolution agreeable to the complainant and the
Department Head is reached, it may, if mutually agreed, be
reduced to writing. If the problem is not resolved at this
step, the complainant may use Step 4. Mediation is not
required and the complainant may skip this step. and
proceed to Step 4 with a request like that for Step 3.
Step 4 - Adjustment Panel. If the problem is not resolved at
Step 3 or if Step III is skipped (see above) complainant may,
within seven (7) calendar days after the mediator's or
Department Head's response, submit his/her complaint in
writing to the Director of Personnel or designee, who shall
promptly convene an adjustment panel of three
management employees. As used herein "management
employees" includes management employee of both the
County and Fire Protection Districts. The complainant and
the Department Head shall each select one panel member,
which two shall select the third member. The panel shall
- 58 -
head evidence and arguments regarding the complaint and
shall render a statement of findings and recommendation
-to the complainant and the Department Head, with copies
to the County Administrator and Director of Personnel.
Step 5 - Once-Annual Right to Arbitration. Within ten (10)
calendar days of exhaustion of this procedure through Step
4, the Deputy Sheriffs' Association may request a meeting
and/or discussion with the Sheriff about the complaint.
The Deputy Sheriffs' Association may, only once per
Memorandum of Understanding year, take such complaint
to binding arbitration as described in Step 5, Section 24.1
(Grievance Procedure) of the October 1 , 1991 -September
30, 1995 Memorandum of Understanding between the
parties.
24.2 Notice to Association (N/A)
24.3 Immediate Arbitration N/A)
24.4 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.
24.5 Strike/Work Stoppage. During the term of this
Memorandum of Understanding, the Association, its
members and representatives, agree that it and they will
not engage in, authorize, sanction, or support any strike,
slowdown, stoppage of work, sickout, or refuse to perform
customary duties.
- 59 -
In the case of a legally declared lawful strike against a
private or public sector employer which has been
sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of
physical harm shall not be required to cross the picket line,
provided the employee advises his or her supervisor as
soon as possible, and provided further that an employee
may be required to cross a picket line- where the
performance of his or her duties is of an emergency nature
and/or failure to perform such duties might cause or
aggravate a danger to public health or safety.
24.6 Merit Board.
A. All grievances of employees in representation
units represented by the Association shall be
processed under Section 23 unless the
employee elects to apply to the Merit Board
on matters within its jurisdiction.
B. No action under Paragraph C and D of
Subsection 23.1 above Shall be taken if action
on the management complaint has been taken
-by the Merit Board, or if the management
complaint is pending before the Merit Board.
24.7 Filing by Association. The Association may file a
management complaint at Step 3 on behalf of affected
employees when action by the County Administrator or the
Board of Supervisors violates a provision of this MOU.
24.8 Letters of Reprimand. Letters of reprimand are
subject to the management complaint procedure. Letters
of Reprimand shall be removed from an employee's file
which are three (3) years old from the date issued unless
subsequent disciplinary action has been taken and
sustained against the employee for the same type of
offense within said three (3) year period in which case the
Letter of Reprimand is not subject to removal.
However, where the subsequent disciplinary action consists
of Letter(s) of Reprimand for the same type of offense,
- 60 -
those letters (including the original letter) will be removed
from the employee's file after three (3) years pass from the
date the most recent letter is issued unless a different type
of discipline (e.g., suspension, et al) for the same type of
offense is taken and sustained during said three (3) year
period.
24.9 Corrective Counselling System. The Corrective
Counselling System is a method of training and counselling
employees in an effort to improve behavior and
performance without the negative effects of lasting
disciplinary measures. It will hereafter consist of three
phases, or levels, with procedures and policies for
administration developed within the Department.
Placement into the Corrective Counselling System is not
subject to the management complaint procedure.
There shall be no mention of the "phase" program in any
employee's evaluation, although the circumstances
allegedly supporting the starting, *the ending, or the
continuing of a phase, may be mentioned. This does not
affect any other rights or responsibilities of the parties with
regards to the performance evaluations per se.
An employee placed into a Phase of the Corrective
Counseling System may appeal the placement through a
formal department hearing process. Following are the
guidelines and procedures to be utilized in the process:
a. Hearing Officer. The phase placement appeal will
be heard by the Assistant Sheriff not in the
employee's direct chain of command, hereafter
referred to as the Hearing Officer. The Hearing
Officer has the authority to set aside the phase
placement completely or decrease the phase to any
lower level.
b. Notification of Intent to Appeal. Upon receipt of
the Phase memo, the affected employee has seven
calendar days to deliver written documentation of
an intent to appeal the phase placement. The
"intent to appeal" memo is to be addressed to the
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Hearing Officer;"with a copy to the employee's
Division Commander. The appeal process defers
the starting date of the phase period.
C. Hearing Date. Upon receipt of the "intent to
appeal" memo, the Hearing Officer will schedule a
hearing date and notify the affected employee at
least seven calendar days prior to the hearing date.
The hearing date shall be within twenty-one
calendar days of the Hearing Officer's receipt of the
"intent to appeal" unless one of the primary parties
involved is unavailable, in which case the hearing
will be scheduled as soon as practical upon the
return to work of the parties.
d. The Hearing. For Phase I and II actions, the
employee may submit a written request for hearing
to the Assistant Sheriff not in the employee's chain
of command. The Assistant Sheriff will review the
request and determine if there is a basis for a
formal hearing. An alternate informal process
exists which would allow the-employee and his/her
representative to meet and discuss the phase
placement in accordance with the established open
door policy of the Department.
For Phase III appeals, the Assistant Sheriff will
determine the parties to be present at the hearing,
except that the affected employee will be present,
and a maximum of two representatives of the
employee's choice.
In general, witnesses will not be called or allowed;
however, the affected employee may submit written
statements from the employee (or others) which
will support the appeal.
The entire appeal hearing will be tape recorded.
The tape will be kept (and be available) in the
Administration Division, and will be erased when
the phase is no longer in effect. Upon his request
- 62 -
and at his expense, the employee may tape the
hearing.
The Assistant Sheriff will weigh all testimony and
attempt to determine the facts surrounding the
phase placement.
e. Results. The Hearing Officer will. report his
decision in a brief memo to the employee within
five business days of the hearing.
If the decision upholds the original
recommendation or decreases the phase level, the
phase period begins on the date of the Hearing
Officer's decision.
If the Hearing Officer determines that a phase was
not appropriate, all reference to the phase incident
and hearing will be immediately purged from the
personnel file, and the Hearing Officer's written
decision will be sent to the affected employee.
SECTION 25 - DEPARTMENT INVESTIGATIONS
It has always been and shall continue to be, the Sheriffs
position that all internal investigations shall be conducted
in a professional and timely manner. The scope and intent
of all legal and policy mandates shall be adhered to during
all phases of the investigation. This includes that the
confidentiality of all information gained during the inquiry
shall be consistent with present legal restraints relative to
discovery and disclosure.
SECTION 26 - LABOR/MANAGEMENT COMMITTEE
Matters of concern to employees in this unit may be raised
by the Department or the DSA in the existing Labor-
Management Committee.
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SECTION 27 - PHYSICAL FITNESS HEALTH CARE (N/A)
SECTION 28 - TRAINING OFFICER PROGRAM (N/A)
SECTION 29 - 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 employee's contribution for the retirement cost of living
program as determined by the Board of Retirement of the
Contra Costa County Employees' Retirement Association
without the County paying any part of the employee's
share. The County will pay the remaining one-half (1 /2) of
the retirement cost-of-living program contribution.
SECTION 30 - SAFETY
The County shall expend every effort to see to it that the
work performed under the terms and conditions of this
Memorandum of Understanding is performed with a
maximum degree of safety consistent with the requirement
to conduct efficient operations.
SECTION 31 - MILEAGE (N/A)
SECTION 32 - 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.
- 64 -
Pay errors discovered by the County 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 (6) 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.
When the County notifies an employee of an overpayment
and proposed repayment schedule and the employee
wishes to meet with the County, a meeting will be held at
which time a repayment schedule shall be determined.
If requested by the employee, an Association representative
may be present at a meeting with management to discuss
a repayment schedule in the case of overpayments to the
employee.
SECTION 33 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for
personnel to fill a position in a class for which no
reemployment or employment list is available, or in a class
for which no eligible of insufficient eligibles to complete
the certification will accept appointment to the position,
the Director of Personnel may authorize the appointing
authority to appoint any person who possesses the
minimum qualifications for the class as set forth in the
class specifications, provided that the names of eligibles
available and the names of persons who have indicated
their intention to take the next examination for the class
shall be referred to the appointing authority at the time
authorization is issued.
- 65 -
-
In no case shall a permanent position be filled by a
provisional appointment for a period exceeding six (6)
calendar months except under the following conditions:
a. If an examination has been announced for the class
and recruitment of applicants is in process, the
Director of Personnel may authorize a continuation
of provisional appointments until an eligible list is
established.
b. In case of a provisional appointment to a
permanent position vacated by a leave of absence,
such provisional appointment may be continued for
the duration of said leave.
A provisional appointment shall be terminated within thirty
(30) days after the date of certification of eligibles from an
appropriate eligible list.
All decisions of the Director of Personnel relative to
provisional appointments are final.
Before filling a position by a provisional appointment, the
appointing authority shall post notice and shall consider
current qualified employees for the appointment. Only if
there are insufficient internal applicants to constitute a full
certification may the appointing authority consider
applicants from outside County service.
SECTION 34 - 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
employee's personnel 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.
- 66 -
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 official personnel file.
This section does not apply to the records of an employee
relating to the investigation of a possible criminal offense,
medical records and information or letters of reference.
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 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. 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 or her
personnel file with specific written authorization from the
employee.
The Association will be given a list of all types of
"personnel" files maintained by the Sheriff.
SECTION 35 - 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 36 - REIMBURSEMENT FOR MEAL EXPENSES
& CHARGE FOR DETENTION DIVISION
MEALS
Reimbursement for Meal Expenses. Employees shall be
reimburses for meal expenses under the following
circumstances and in the amount specified:
a. When the employee is required to be out of his/her
regular or normal work area during a meal hour
because of a particular work assignment and with
prior approval of the department head or his
designee.
b. When the employee is required to stay over to
attend consecutive or continuing afternoon and
night sessions of a board or commission.
C. 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.
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.
Charge for Detention Division Meals. Personnel
represented by the DSA and permanently assigned to the
Detention Division will have fifteen dollars ($15.00) per
month deducted from their pay checks in exchange for
meals provided by the Department. The employee may
choose not to eat facility food. In that case no fees will be
deducted.
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SECTION 37 - COMPENSATION FOR LOSS OR DAMAGE
TO PERSONAL PROPERTY
37,1 Conditions. 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.
g. The loss or damage to an employee's 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.
L The burden of proof of loss rests with the
employee.
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j. Claims for reimbursement must be processed in
accordance with the Administrative Bulletin on
Compensation for Loss or Damage to Personal
Property.
37.2 Policies & Practices. The employer will continue
its present policies and practices with regard to loss or
damage to personal property. This MOU provision does not
constitute a waiver by the DSA or an affected employee to
litigate in court the legality of portions of the policies
dealing with limiting reimbursement because of alleged
employee negligence or wrongdoing.
SECTION 38 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor
practice as defined in Chapter 34-22 of the Board of
Supervisors Resolution 81 /1 165 against the other.
Allegations of an unfair labor practice, if not resolved in
discussions between the parties, shall be heard by a
mutually agreed upon impartial third party.
SECTION 39 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 the Personnel Department.
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SECTION 40 - PERM. PART-TIME EMPL. BENEFITS (N/A)
SECTION 41 - P-1 EMPLOYEE BENEFITS (N/A)
SECTION 42 - P-1 EMPLOYEE HEALTH PLAN (N/A)
SECTION 43 - PROVISIONAL EMPLOYEE BENEFITS (N/A)
SECTION 44 - LUNCH PERIOD (N/A)
SECTION 45 - CANINE ALLOWANCE (N/A)
SECTION 46 - UNIFORM ALLOWANCE/S.W.A.T. UNIFORM
ALLOWANCE -
46.1 Uniform Allowance. Employees eligible for uniform
allowance shall receive a yearly lump sum payment each
December 10th of four hundred eighty dollars ($480.00).
Said yearly payment, which is for the period July 1 through
June 30, shall be prorated for employees hired after July 1 .
Employees who terminate employment after January 1 and
prior to July 1 shall be required to pay back excess uniform
allowance by an automatic deduction from his/her final pay
check.
46.2 S.W.A.T. Uniform Allowance. All employees
accepted into S.W.A.T. shall receive two hundred dollars
($200) for initial purchase of uniforms and one hundred
dollars ($100) each year thereafter for maintenance and
replacement of said uniforms.
46.3 Uniform Allowance Method of Payment. Effective
July 1 , 1994 employees who are eligible for the uniform
allowance will receive such allowance included in their
monthly pay warrants.
SECTION 47 - PEACE OFFICER TRAINING (see Mgmt.
Resolution)
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SECTION 48 - SPECIAL STUDIES OR ACTIONS (N/A)
SECTION 49 - CRITICAL INCIDENT
In the event the act or omission of a sworn officer causes
the death or serious injury of another person, the officer's
Division Commander shall place the employee on
Administrative Leave (with pay) for the 48 hours
immediately following the incident.
SECTION 50 - 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 51 - SCOPE OF AGREEMENT & SEPARABILITY
OF PROVISION
51.1 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.
51.2 Separability of Provisions. Should any section,
clause or provision of this Memorandum of Understanding
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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.
51.3 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. It is
recognized, however, that certain provisions of the
Personnel Management Regulations may be supplementary
to the provisions of this Memorandum of Understanding or
deal with matters not within the scope of representation.
and as such remain in full force and effect.
51.4 Duration of Agreement. This Agreement shall
continue in full force and effect from February 1 , 1994 to
and including September 30, 1995.
SECTION SZ - PAST PRACTICES AND EXISTING MOU (N/A)
Date �,,,.� z F ig114
CONTRA COSTA COUNTY DEPUTY SHERIFFS' ASSN.
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SUBJECT INDEX
Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Assignment of Classes to Units . . . . . . . . . . . . . . . . . . . . . . . 8
Association Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Association Representatives . . . . . . . . . . . . . . . . . . . . . . . . . 10
Attendance at Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Compensation Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Compensation for Portion of Month . . . . . . . . . . . . . . . . . . . 13
Compensation for Loss/Damage to Personal Property . . . . . 69
Competitive Exam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Constructive Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Corrective Counselling System . . . . . . . . . . . . . . . . . . . . . . . 61
Critical Incident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Department Investigations . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Dismissal, Suspension & Demotion . . . . . . . . . . . . . . . . . . . . 54
Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Duration of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Employee Assistance Program . . . . . . . . . . . . . . . . . . . . . . . 42
JuryDuty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Labor/Management Committee . . . . . . . . . . . . . . . . . . . . . . . 62
Layoffs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Leave of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Length of Service Definition . . . . . . . . . . . . . . . . . . . . . . . . . 70
Letters of Reprimand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Maintenance of Membership . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Management Complaint Procedure . . . . . . . . . . . . . . . . . . . . . 57
Medical Coverages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Merit Board . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . 60
Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Open Exam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Pay for Work in Higher Classification . . . . . . . . . . . . . . . . . . 17
Pay Warrant Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Personnel Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Physical Examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
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Position Reclassification . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Probationary Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Promotion Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Provisional Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Regular Appointment . . . . . . . . . . . . . . . . . . . . . .. . . 47
Reimbursement for Meal Expenses . . . . . . . . . . . . . . . . . . . . 68
Rejection During Probation . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Resignations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Retirement Contribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Sick Leave Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Safety . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 64
Salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Scope of Agreement & Separability of Provisions . . . . . . . . . 72
Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Service Awards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Shift Options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Skelly Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Strike/Work Stoppage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Unauthorized Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Unfair Labor Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Uniform Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Use of County Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Watchstanding Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Wellness Incentive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Withdrawal of Membership . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Witness Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35
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