HomeMy WebLinkAboutMINUTES - 01311995 - 1.26 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on January 31 , 1995 by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT:
Approval of Memorandum of Understanding )
with Contra Costa County Appraisers' Assn. ) Res. No. 95/__4O
The Contra Costa County Board of Supervisors RESOLVES THAT:
1 . On August 16, 1994 the Employee Relations Manager submitted a Letter
of Understanding dated August 3, 1994 which reflected all negotiated
agreements reached between the parties on terms and conditions of
employment affecting employees represented by . the Appraisers'
Association.
2. Salaries and Terms and Conditions of Employment. The Memorandum of
Understanding with the Appraisers' Association is attached hereto. Section
Numbers 1 through 43 inclusive and Attachments are incorporated herein
as if set forth in full and made applicable to the represented employees.
3. This Board having thoroughly considered said Memorandum of
Understanding, the same is approved.
4. If an Ordinance(s) is required to implement any of the foregoing
provisions, the Board of Supervisors will adopt said Ordinance(s).
5. This Resolution is effective as of October 1 , 1993.
1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes Of the
Board of Supe�l�g�sn to,,jghown.
ATTESTED; Ap��NI
PHIL BATCHELOR, Cierk of the Board
of supervisors and unty Administrator
BY .oeputy
Orig. Dept.: Personnel (Contact Rich Heyne @ 646-4146)
cc: Employee Relations Division
Auditor-Controller
Assessor's Office
Appraisers' Assn.
RESOLUTION NO. 95/40
1
MEMORANDUM OF UNDERSTANDING
BETWEEN CONTRA COSTA COUNTY
AND
CONTRA COSTA COUNTY APPRAISERS' ASSOCIATION
EFFECTIVE
OCTOBER 1, 1993 - SEPTEMBER 30, 1995
TABLE OF CONTENTS
SECTION 1 ASSOCIATION RECOGNITION . . . . . . . . . . . . . . . . 4
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.2 Agency Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.3 Maintenance of Membership . . . . . . . . . . . . . . . . . 8
2.4 Withdrawal of Membership . . . . . . . . . . . . . . . . . . 8
2.5 Communicating With Employees . . . . . . . . . . . . . . 9
2.6 Use of County Buildings . . . . . . . . . . . . . . . . . . . . 10
2.7 Advance Notice . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2.8 Written Statement for New Employees . . . . . . . . 11
2.9 List of Employees With Dues Deductions . . . . . . 11
2.10 Assignment of Classes to Bargaining Units . . . . . 11
SECTION 3 NO DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . 12
SECTION 4 SHOP STEWARDS & OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings . . . . . . . . . . . . . . . . . . . . 13
4.2 Association Representatives . . . . . . . . . . . . . . . . 14
SECTION 5 SALARIES
5.1 General Wage Increases . . . . . . . . . . . . . . . . . . . . 14
5.2 Pay Equity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
5.3 Entrance Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
5.4 Certification Rule . . . . . . . . . . . . . . . . . . . . . . . . . 17
5.5 Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . 18
5.6 Increments Within Range . . . . . . . . . . . . . . . . . . . 19
5.7 Part-Time Compensation . . . . . . . . . . . . . . . . . . . 20
5.8 Compensation for Portion of Month . . . . . . . . . . 20
5.9 Position Reclassification 20
5.10 Salary Reallocation & Salary on Reallocation . . . . 21
5.11 Salary on Promotion . . . . . . . . . . . . . . . . . . . . . . . 22
5.12 Salary on Appointment From Layoff List . . . . . . . 23
5.13 Salary on Involuntary Demotion . . . . . . . . . . . . . . 23
5.14 Salary on Voluntary Demotion . . . . . . . . . . . . . . . 23
5.15 Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
5.16 Pay for Work in Higher Classification . . . . . . . . . 24
5.17 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
5.18 Pay Warrant Errors . . . . . . . . . . . . . . . . . . . . . . . . 27
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SECTION 6 DAYS & HOURS OF WORK . . . . . . . . . . . . . .. . . . . 27
SECTION 7 OVERTIME & COMPENSATORY TIME
7.1 Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
7.2 Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . 28
7.3 FLSA Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 31
SECTION 8 CALL BACK TIME . . . . . . . . . . . . . . . . . . . . . . . . . 31
SECTION 9 ON-CALL DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . 31
SECTION 10 DIFFERENTIALS
10.1 Shift Differential . . . . . . . . . . . . . . . . . . . . . . . . . . 32
10.2 Standards Division Differential . . . . . . . . . . . . . . 33
SECTION 11 SENIORITY, WORKFORCE REDUCTION, LAYOFF
& REASSIGNMENT
11 .1 Workforce Reduction . . . . . . . . . . . . . . . . . . . . . . 33
11 .2 Separation Through Layoff . . . . . . . . . . . . . . . . . . 35
11 .3 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
11 .4 Special Employment Lists. . . . . . . . . . . . . . . . . . . 40
11 .5 Reassignment of Laid Off Employees . . . . . . . . . 40
11 .6 Further Study 41
SECTION 12 HOLIDAYS
12.1 Holidays Observed . . . . . . . . . . . . . . . . . . . . . . . . 41
12.2 Application of Holiday Credit . . . . . . . . . . . . . . . . 42
12.3 Permanent Part-Time Employees . . . . . . . . . . . . 43
12.4 4/10 Shift Holidays . . . . . . . . . . . . . . . . . . . . . . . 43
12.5 9/80 Shift Holidays . . . . . . . . . . . . . . . . . . . . . . . 44
12.6 Accrual of Holiday Time . . . . . . . . . . . . . . . . . . . . 44
SECTION 13 VACATION
13.1 Vacation Allowance . . . . . . . . . . . . . . . . . . . . . . . 45
13.2 On Reemployment From Layoff List . . . . . . . . . . . 45
13.3 Vacation Accrual Rates . . . . . . . . . . . . . . . . . . . . . 46
13.4 Bridged Service . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
13.5 Accrual During Leave Without Pay . . . . . . . . . . . . 46
13.6 Vacation Allowance for Separated Employees . . . 46
13.7 Preference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
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SECTION 14 SICK LEAVE
14.1 Purpose of Sick Leave . . . . . . . . . . . . . . . . . . . . . . 47
14.2 Credits To and Charges Against Sick- Leave . . . . 47
14.3 Policies Governing Use of Paid Sick Leave . . . . . . 48
14.4 Administration of Sick Leave . . . . . . . . . . . . . . . . 52
14.5 Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
14.6 Workers' Compensation . . . . . . . . . . . . . . . . . . . . 56
14.7 Rehabilitation Program . . . . . . . . . . . . . . . . . . . . 58
14.8 Accrual During Leave Without Pay . . . . . . . . . . . . 58
14.9 Disability Insurance Review Committee . . . . . . . . 58
SECTION 15 CATASTROPHIC LEAVE BANK
15.1 Program Design . . . . . . . . . . . . . . . . . . . . . . . . . . 59
15.2 Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
SECTION 16 LEAVE OF ABSENCE
16.1 Leave Without Pay . . . . . . . . . . . . . . . . . . . . . . . . 61
16.2 General Administration . . . . . . . . . . . . . . . . . . . . 61
16.3 Furlough Days Without Pay . . . . . . . . . . . . . . . . . 63
16.4 Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
16.5 Family Care Leave or Medical Leave . . . . . . . . . . . 64
16.6 Certification 65
16.7 Intermittent Use of Leave . . . . . . . . . . . . . . . . . . . 65
16.8 Aggregate Use for Spouses . . . . . . . . . . . . . . . . . 65
16.9 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
16.10 Pregnancy Disability Leave . . . . . . . . . . . . . . . . . 68
16.11 Group Health Plan Coverage . . . . . . . . . . . . . . . . 68
16.12 Leave Without Pay - Use of Accruals . . . . . . . . . . 68
16.13 Leave of Absence Replacement/Reinstatement . . 69
16.14 Reinstatement from Family Care Medical Leave 70
16.15 Salary Review While on Leave of Absence . . . . . . 70
16.16 Unauthorized Absence . . . . . . . . . . . . . . . . . . . . . 70
16.17 Non-Exclusivity . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
SECTION 17 JURY DUTY AND WITNESS DUTY 71
SECTION 18 HEALTH & WELFARE, LIFE & DENTAL CARE
18.1 County Programs . . . . . . . . . . . . . . . . . . . . . . . . . 73
18.2 Rate Information . . . . . . . . . . . . . . . . . . . . . . . . . . 73
18.3 Medicare Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
18.4 Partial Month . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
18.5 Coverage During Absences . . . . . . . . . . . . . . . . . 74
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18.6 Retirement Coverage . . . . . . . . . . . . . . . . . . . . . . 75
18.7 Dual Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
SECTION 19 PROBATIONARY PERIOD
19.1 Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
19.2 Classes With Probation Periods Over 6 Months . . 76
19.3 Revised Probationary Period . . . . . . . . . . . . . . . . 76
19.4 Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
19.5 Rejection During Probation . . . . . . . . . . . . . . . . . 76
19.6 Regular Appointment . . . . . . . . . . . . . . . . . . . . . . 77
19.7 Layoff During Probation . . . . . . . . . . . . . . . . . . . . 79
19.8 Rejection During Probation of Layoff Employee . 79
SECTION 20 PROMOTION
20.1 Competitive Exam . . . . . . . . . . . . . . . . . . . . . . . . 79
20.2 Promotion Policy . . . . . . . . . . . . . . . . . . . . . . . . . 80
20.3 Open Exam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
20.4 Promotion Via Reclassification w/o Exam . . . . . . 80
20.5 Requirements for Promotional Standing . . . . . . . 80
20.6 Seniority Credits . . . . . . . . . . . . . . . . . . . . . . . . . . 81
20.7 Physical Examination . . . . . . . . . . . . . . . . . . . . . . 81
SECTION 21 TRANSFER
21 .1 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
21 .2 Procedure . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . 82
SECTION 22 RESIGNATIONS
22.1 Resignation in Good Standing . . . . . . . . . . . . . . . 83
22.2 Constructive Resignation . . . . . . . . . . . . . . . . . . . 83
22.3 Effective Resignation . . . . . . . . . . . . . . . . . . . . . . 83
22.4 Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
22.5 Coerced Resignations . . . . . . . . . . . . . . . . . . . . . . 84
SECTION 23 DISMISSAL, SUSPENSION, DEMOTION & REDUCTION
IN SALARY
23.1 Cause for Disciplinary Action . . . . . . . . . . . . . . . . 85
23.2 Skelly Requirements . . . . . . . . . . . . . . . . . . . . . . . 86
23.3 Employee Response . . . . . . . . . . . . . . . . . . . . . . . 87
23.4 Leave Pending Employee Response . . . . . . . . . . . 87
23.5 Length of Suspension . . . . . . . . . . . . . . . . . . . . . . 87
23.6 Procedure on Disciplinary Action . . . . . . . . . . . . . 88
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SECTION 24 GRIEVANCE PROCEDURE
24.1 Definition and Procedural Steps . . . . . . . . . . . . . . 88
24.2 Scope of Adjustment Bd. & Arb. Decisions . . . . . 91
24.3 Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
24.4 Association Notification . . . . . . . . . . . . . . . . . . . . 92
24.5 Compensation Complaints . . . . . . . . . . . . . . . . . . 92
24.6 Strike/Work Stoppage . . . . . . . . . . . . . . . . . . . . . 93
24.7 Merit Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
24.8 Filing by Association . . . . . . . . . . . . . . . . . . . . . . 93
SECTION 25 RETIREMENT CONTRIBUTION . . . . . . . . . . . . . . . 94
SECTION 26 TRAINING REIMBURSEMENT . . . . . . . . . . . . . ... . 94
SECTION 27 MILEAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
SECTION 28 PERSONNEL FILES . . . . . . . . . . . . . . . . . . . . . . . . 94
SECTION 29 REIMBURSEMENT FOR MEAL EXPENSES . . . . . . 95
SECTION 30 FLEX-TIME 96
SECTION 31 PROVISIONAL APPOINTMENT . . . . . . . . . . . . . . . 97
SECTION 32 UNFAIR LABOR PRACTICE . . . . . . . . . . . . . . . . . . 98
SECTION 33 LENGTH OF SERVICE DEFINITION . . . . . . . . . . . 98
SECTION 34 PERMANENT PART-TIME EMPLOYEE BENEFITS . 99
SECTION 35 PERSONAL PROPERTY REIMBURSEMENT . . . . . . 99
SECTION 36 P-I EMPLOYEE BENEFITS . . . . . . . . . . . . . . . . . . 100
SECTION 37 P-1 EMPLOYEE HEALTH PLAN . . . . . . . . . . . . . . 100
SECTION 38 PROVISIONAL EMPLOYEE BENEFITS . . . . . . . . . 101
SECTION 39 EDUCATIONAL INCENTIVE . . . . . . . . . . . . . . . . 101
SECTION 40 SPECIAL STUDIES, ETC. . . . . . . . . . . . . . . . . . . . 102
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SECTION 41 ADOPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
SECTION 42 SCOPE OF AGREEMENT & SEPARABILITY
OF PROVISIONS
42.1 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . 103
42.2 Separability of Provisions . . . . . . . . . . . . . . . . . . 104
42.3 Personnel Management Regulations . . . . . . . . . 104
42.4 Duration of Agreement . . . . . . . . . . . . . . . . . . . . 104
SECTION 43 EAST PRACTICES & EXISTING MOU'S . . . . . . . . 104
SUBJECT INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
ATTACHMENTS:
A - SALARIES
B - WAGES & HEALTH PLAN ADJUSTMENTS AGREEMENT
C - 9/80 PLAN LETTER OF UNDERSTANDING
D - EXAMPLES OF 9/80 SCHEDULES
E - CONFLICT OF INTEREST
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
CONTRA COSTA COUNTY APPRAISERS' ASSOCIATION
This Memorandum of Understanding is entered into
pursuant to the authority contained in Division 34 of the
Contra Costa County Board of Supervisors Resolution
81 /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 Resolution 81 /1165.
The parties have met and conferred in good faith regarding
wages, hours and other terms and conditions of employment
for the employees in units in which the Association is the
recognized representative, have freely exchanged
information, opinions and proposals and have endeavored to
reach agreement on all matters relating to the employment
conditions and employer-employee relations covering such
employees.
This Memorandum of Understanding shall be presented to
the Contra Costa County Board of Supervisors as. the joint
recommendations of the undersigned for salary and
employee benefit adjustments for the period commencing
October 1 , 1993 and ending September 30, 1995.
DEFINITIONS:
Appointing Authority: Department Head unless otherwise
provided by statute or ordinance.
Association: Contra Costa County Appraisers' Association.
Class: A group of positions sufficiently similar with respect
to the duties and responsibilities that similar selection
procedures and qualifications may apply and that the same
descriptive title may be used to designate each position
allocated to the group.
Class Title: The designation given to a class, to each
position allocated to the class, and to the employees
allocated to the class.
County: Contra Costa County.
Demotion: The change of a permanent employee to another
position in a class allocated to a salary range for which the
top step is lower than the top step of the class which the
employee formerly occupied except as provided for under
"Transfer" or as otherwise provided for in this MOU, 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 MOU 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.
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Permanent-Intermittent Position: Any position which
requires the services of an incumbent for an indefinite
period but on an intermittent basis, as needed, paid on an
hourly basis.
Permanent Part-Time Position: Any position which will
require the services of an incumbent for an indefinite period
but on a regularly scheduled less than full time basis.
Permanent Position: Any position which has required, or
which will require the services of an incumbent without
interruption, for an indefinite period.
Promotion: The change of a permanent employee to
another position in a class allocated to a salary range for
which the top step is higher than the top step of the class
which the employee formerly occupied, except as provided
for under "Transfer" or as otherwise provided for in this
MOU, 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 - ASSOCIATION RECOGNITION
The Association is the formally recognized employee
organization for the Property Appraisers' Unit, and such
organization has been certified as such pursuant to Chapter
34-12 of Board Resolution 81 /1165.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board
Resolution 81 /1165, only a majority representative may have
dues deduction and as such the Association has the
exclusive privilege of dues deduction for all members in its
units.
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1
2.2 Agency Shop.
A. The Association agrees that it has a duty to
provide fair and non-discriminatory
representation to all employees in all classes in
the units for which this section is applicable
regardless of whether they are members of the
Association.
B. All employees employed in a representation unit
on or after the effective date of this MOU and
continuing until the termination of the MOU,
shall as a condition of employment either:
1 . Become and remain a member of the
Association or;
Z. pay to the Association, an agency shop fee
in an amount which does not exceed an
amount which may be lawfully collected
under applicable constitutional, statutory,
and case law, which under no cir-
cumstances shall exceed the monthly dues,
initiation fees and general assessments
made during the duration of this
Memorandum of Understanding. It shall
be the sole responsibility of the
Association to determine an agency shop
fee which meets the above criteria; or
3. do both of the following:
a. Execute a written declaration that the
employee is a member of a bona fide
religion, body or sect which has
historically held a conscientious
objection to joining or financially
supporting any public employee
organization as a condition of
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employment; and
b. pay a sum equal to the agency shop
fee described in Section 2.2.B.2 to a
non-religious, non-labor, charitable
fund chosen by the employee from the
following charities: Family and
Children's Trust Fund, Child Abuse
Prevention Council and Battered
Women's Alternative.
C. The Association shall provide the County with a
copy of the Association's Hudson Procedure for
the determination and protest of its agency
shop fees. The Association shall provide a copy
of said Hudson Procedure to every fee payer
covered by this MOU within one month from the
date it is approved and annually thereafter, and
as a condition to any change in the agency shop
fee. Failure by fee payor to invoke the
Association's Hudson Procedure within one
month after actual notice of the Hudson
Procedure shall be a waiver by the employee of
their right to contest the amount of the agency
shop fee.
D. The provisions of Section 2.2.6.2 shall not apply
during periods that an employee is separated
from the representation unit but shall be
reinstated upon the return of the employee to
the representation unit. The term separation
includes transfer out of the unit, layoff, and
leave of absence with a duration of more than
thirty (30) days.
E. Annually, the Association shall file with the
Director of Personnel a financial statement
which shall include an accurate balance sheet
and annual income statement. Such report shall
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be available to employees in the unit. Failure to
file such a report within sixty (60) days after the
end of its calendar year shall result in the
termination of all agency shop fee deductions
without jeopardy to any employee, until said
report is filed.
F. Compliance.
1 . An employee employed in or hired into a
job class represented by the Association
shall be provided with an "Employee
Authorization for Payroll Deduction" form
by the Personnel Department.
2. if the form authorizing payroll deduction is
not returned within thirty (30) calendar
days after notice of this agency shop fee
provision and the association dues, agency
shop fee, initiation fee or charitable
contribution required under Section 2.2.6.3
are not received - and the employee has
not timely invoked the Association`s
Hudson Procedure, or if invoked, the
employee's Hudson Procedure rights have
been exhausted - the Association may, in
writing, direct that the County withhold the
agency shop fee and the initiation fee from
the employee's salary, in which case the
employee's monthly salary shall be
reduced by an amount equal to the agency
shop fee and the County shall pay an equal
amount to the Association.
G. The Association shall indemnify, defend, and
save the County harmless against any and all
claims, demands, suits, orders, or judgments, or
other forms of liability that arise out of or by
reason of this Association Security Section, or
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action taken or not taken by the County under
this Section. This includes, but is not limited to,
the County's Attorneys' fees and costs. The
provisions of this subsection shall not be
subject to the grievance procedure.
H. The County Personnel Department shall monthly
furnish a list of all new hires to the Association.
1. In the event that employees in a bargaining unit
represented by the Association vote to rescind
Agency Shop, the provisions of Sections 2.3 and
2.4 shall apply to dues-paying members of the
Association.
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 con-
dition of continued employment pay dues to the Association
for the duration of this MOU 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
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.
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2.5 Communicating With Employees. The Association
shall be allowed to use designated portions of bulletin
boards or display areas in offices in which there are
employees represented by the Association, provided the
communications displayed have to do with official
organization business such as times and places of meetings
and further provided that the employee organization
appropriately posts and removes the information. The
Department Head reserves the right to remove objectionable
materials after notification to and discussion with the
Association.
Representatives of the Association, not on County time, shall
be permitted to place a supply of employee literature at
specific locations in County buildings if arranged through
the Department Head or designated representative; said
representatives may distribute employee organization
literature in work areas (except work areas not open to the
public) if the nature of the literature and the proposed
method of distribution are compatible with the work
environment and work in progress. Such placement and/or
distribution shall not be performed by on-duty employees.
The Association shall be allowed access to work locations in
which it represents employees for the following purposes:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as
indicated above;
d. to represent an employee on a grievance, and/or to
contact an Association officer on a matter within the
scope of representation.
In the application of this provision, it is agreed and
understood that in each such instance advance
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arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the
departmental representative in charge of the work area, and
the visit will not interfere with County services.
2.6 Use of County Buildings. The Association shall be
allowed the use of areas normally used for meeting purposes
for meetings of County employees during non-work hours
when:
a. Such space is available and its use by the Association
is scheduled twenty-four (24) hours in advance;
b. there is no additional cost to the County;
C. it does not interfere with normal County operations;
d. employees in attendance are not on duty and are not
scheduled for duty;
e. the meetings are on matters within the scope of
representation.
The administrative official responsible for the space shall
establish and maintain scheduling of such uses. The
Association shall maintain proper order at the meeting, and
see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally
used in the conduct of business meetings, such as desks,
chairs, ashtrays, and blackboards) is strictly prohibited, even
though it may be present in the meeting area.
2.7 Advance Notice. The Association shall, except in
cases of emergency, have the right to reasonable notice of
any ordinance, rule, resolution or regulation directly relating
to matters within the scope of representation proposed to be
adopted by the Board, or boards and commissions
designated by the Board, and to meet with the body
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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 Written Statement for New Employees. The County
will provide a written statement to each new employee hired
into a classification in any of the bargaining units
represented by the Association, that the employee's
classification is represented by the Association and the name
of a representative of the Association. The County will
provide the employee with a packet of information which has
been supplied by the Association and approved by the
County.
2.9 List of Employees with Dues Deduction. The County
shall provide the Association with a monthly list of
employees who are paying dues to the Association.
2.10 Assignment of Classes to Bargaining Units. The
County shall assign new classes in accordance with the
following procedure:
a. Initial Determination. When a new class title is
established, the Employee Relations Officer shall
review the composition of existing representation
units to determine the appropriateness of including
some or all of the employees in the new Class in one
or more existing representation units, and within a
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reasonable period of time, shall notify all recognized
employee organizations of his determination.
b. Final Determination. His determination is final
unless, within ten days after notification, a
recognized employee organization requests in
writing to meet and confer thereon.
C. Meet and Confer and Other Steps. He shall meet
and confer with such requesting organizations (and
with other recognized employee organizations where
appropriate) to seek agreement on this matter within
sixty days after the ten-day period in Subsection B,
unless otherwise mutually agreed. Thereafter, the
procedures in cases of agreement and disagreement,
arbitration referral and expenses, and criteria for
determination shall conform to those in Subsections
(d) through (i) of Section 34-12.008 of Board
Resolution 81 /1165.
SECTION 3 - NO DISCRIMINATION
A. Criteria. There shall be no discrimination because of
sex, race, creed, color, national origin, sexual orientation or
Association activities against any employee or applicant for
employment by the County or by anyone employed by the
County; and to the extent prohibited by applicable State and
Federal law, there shall be no discrimination because of age.
There shall be no discrimination against any disabled person
solely because of such disability unless that disability
prevents the person from meeting the minimum standards
established for the position or from carrying out the duties
of the position safely or in a manner that does not endanger
the health of such person.
B. Americans With Disabilities Act (ADA). The County
and the Association recognize that the County has an
obligation to reasonably accommodate disabled employees.
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If by reason of the aforesaid requirement the County
contemplates actions to provide reasonable accommodation
to an individual employee in compliance with the ADA which
are in conflict with any provision of this MOU, the
Association will be advised of any such proposed
accommodation. Upon request, the County will meet and
confer with the Association on the impact of such
accommodation. If the County and the Association do not
reach agreement, the County may implement the
accommodation, if required by law, without further
negotiations. Nothing in the MOU shall preclude the County
from taking actions necessary to comply with the
requirements of the ADA.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as
official representatives of the Association shall be allowed to
attend meetings held by County agencies during regular
working hours on County time as follows:
a. If their attendance is required by the County at a
specific meeting;
b. If their attendance is sought by a hearing body or
presentation of testimony or other reasons;
C. If their attendance is required for meetings,
scheduled at reasonable times agreeable to all
parties, required for settlement of grievances filed
pursuant to Section 23 (Grievance Procedure) of this
Memorandum;
d. If they are designated as an official representative, in
which case they may utilize a reasonable time at
each level of the proceedings to assist an employee
to present a grievance, provided the meetings are
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scheduled at reasonable times agreeable to all parties;
e. If they are designated as spokesperson or
representative of the Association and as such make
representations or presentations at meetings or
hearings on wages, salaries and working conditions,
provided in each case advance arrangements for time
away from the employee's work station or
assignment are made with the appropriate
Department Head, and the County agency calling the
meeting is responsible for determining that the
attendance of the particular employee(s) is required.
4.2 Association Representative. Official representatives
of the Association shall be allowed time off on County time
for meetings during regular working hours when formally
meeting and conferring in good faith or consulting with the
Employee Relations Officer or other management
representatives on matters within the scope of
representation, provided that the number of such
representatives shall not exceed two (2) without prior
approval of the Employee Relations Officer, and that advance
arrangements for the time away from the work station or
assignment are made with the appropriate Department Head.
SECTION 5 - SALARIES
5.1 General Wage Increases.
A. Effective July 1 , 1994 each represented
classification shall receive a general wage
increase of 10 levels on the County Salary
Schedule (1 .0045%).
B. Effective January 1 , 1995 each represented
classification shall receive a general wage
increase of 10 levels on the County Salary
Schedule (1 .0045%). Any net savings achieved
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by the County from the replacement of the 1 st
Choice Health Plan by the QualMed Health Plan
for those eligible to a salary increase as
provided herein and which is above the cost of
the 20 level salary increase shall be added to
the 1 % salary increase effective January 1 , 1995.
C. The savings shall be computed on a per cap
basis as follows:
1 . The County's "original cost" shall be
computed by adding together the gross
subvention for each represented employee
in 1 st Choice for the month of 10/1 /93,
the sum then increased by 14%.
2. The County's "current cost" shall be
computed by adding together the gross
subventions of each represented employee
who transferred from 1 st Choice to
QualMed for the month of 10/1 /94.
3. The amount of money to be provided as
additional monthly salary increases shall
be the original cost minus the current cost
minus the monthly cost of the 20 level
wage increase.
5.2 Pay Equity.
A. Computation of Pay Equity Adjustments.
The magnitude of Pay Equity adjustments is
determined by applying the method of least
squares to data (points vs. salary) generated by
the pay equity study to create a trend line. Each
classification below the trend line shall receive
Pay Equity adjustments until such time as the
total Pay Equity adjustments equal the initial
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difference between the salary of the class and
that represented by the trend line.
B. Funding for Pay Equity Adjustments. The
County shall provide fifty cents ($.50) in Pay
Equity adjustments for each one dollar ($ 1 .00)
general wage increase authorized for
classifications represented by the participating
employee organizations collectively, provided
that the total of Pay Equity adjustments in any
contract year shall not exceed twenty-five
percent (25%) of the general wage increase.
C. Method of Pay Equity Adjustments. The parties
understand and agree that as various
classifications reach the point where further Pay
Equity adjustments are unnecessary, the Pay
Equity fund will be disbursed among remaining
classes and that this may result in some classes
receiving Pay Equity adjustments in excess of
50% of their general wage increase.
D. Future Pay Equity Adjustments. Beginning on
January 1 , 1994 and on January 1 of each
subsequent year that pay equity adjustments
are to be paid, the parties shall meet and confer
over the method of disbursement of Pay Equity
adjustments for that contract year. Those
adjustments shall be effective on January 1 of
each year.
E. Indemnification Procedure. Each participating
employee organization will promise not to bring
or support comparable worth or pay equity
litigation against Contra Costa County or any
agent, servant, officer, or employee of Contra
Costa County and further promise that in the
event litigation advancing comparable worth or
pay equity claims is brought against the County
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or any of its agents, servants, officers, or
employees, within five years from the effective
date of the 1991 -1993 MOU between the County
and the employee organization, by any
person(s) employed or formerly employed in a
class(es) represented by the participating
employee organizations, the employee
organization(s) representing such class(es) shall
each pay up to five thousand dollars ($5000) of
the County's attorney fees and costs; provided
that the employee organization is not named as
a co-defendant in such litigation.
F. Duration. This Supplemental Pay Equity
Agreement shall remain in effect until all
classifications represented by the employee
organization have received the total of their Pay
Equity adjustments or until such time as the
parties agree to modify or terminate this
agreement.
5.3 Entrance Salary. New employees shall generally be
appointed at the minimum step of the salary range
established for the particular class of position to which the
appointment is made. However, the appointing authority
may fill a particular position at a step above the minimum of
the range.
5.4 Certification Rule.
A. Open Employment List. On each request for
personnel from an open employment list, ten
(10) names shall be certified. If more than one
position is to be filled in any class in a
department at the same time from the same
request for personnel, the number of names to
be certified from an open employment list shall
be equal to the number of positions to be filled
plus nine (9).
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B. Promotional Employment List. On each request
for personnel from a promotional employment
list, five (5) names shall be certified. If more
than one position is to be filled in any class in a
department at the same time from the same
request for personnel, the number of names to
be certified from a promotional employment list
shall be equal to the number of positions to be
filled plus four (4).
5.5 Anniversary Dates. Except as may otherwise be
provided for in deep class resolutions, anniversary dates will
be set as follows:
a. New Employees. The anniversary date of a new
employee is the first day of the calendar month after
the calendar month when the employee successfully
completes six (6) months service provided however,
if an employee began work on the first regularly
scheduled workday of the month the anniversary
date is the first day of the calendar month when the
employee successfully completes six (6) months
service.
b. Promotions. The anniversary date of a promoted
employee is determined as for a new employee in
Subsection 5.5.a. above.
C. Demotions. The anniversary of a demoted employee
is the first day of the calendar month after the
calendar month when the demotion was effective.
d. Transfer Reallocation and Reclassification. The
anniversary date of an employee who is transferred
to another position or one whose position has been
reallocated or reclassified to a class allocated to the
same salary range or to a salary range which is
within five (5) percent of the top step of the previous
classification, remains unchanged.
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e. Reemployments. The anniversary of an employee
appointed from a reemployment list to the first step
of the applicable salary range and not required to
serve a probation period is determined in the same
way as the anniversary date is determined for a new
employee who is appointed the same date,
classification and step and who then successfully
completes the required probationary period.
f. Notwithstanding other provisions of this Section 5,
the anniversary of an employee who is appointed to
a classified position from outside the County's merit
system at a rate above the minimum salary for the
employee's new class, or who is transferred from
another governmental entity to this County's merit
system, is one (1 ) year from the first year of the
calendar month after the calendar month when the
employee was appointed or transferred; provided,
however, when the appointment or transfer is
effective on the employee's first regularly scheduled
work day of that month, his anniversary is one (1 )
year after the first calendar day of that month.
5.6 Increments Within Range. The performance of each
employee, except those of employees already at the
maximum salary step of the appropriate salary range, shall
be reviewed on the anniversary date as set forth in
Section 5.5 to determine whether the salary of the employee
shall be advanced to the next higher step in the salary
range. Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on
satisfactory performance by the employee. The appointing
authority may recommend denial of the increment or denial
subject to one 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
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than one (1 ) step within-range increment be granted at one
time, except as otherwise provided in deep class resolutions.
In case an appointing authority recommends denial of the
within-range increment on some particular anniversary date,
but recommends a special salary review at some date before
the next anniversary, the special salary review shall not
affect the regular salary review on the next anniversary date.
Nothing herein shall be construed to make the granting of
increments mandatory on the County. If an operating
department verifies in writing that an administrative or
clerical error was made in failing to submit the documents
needed to advance an employee to the next salary step on
the first of the month when eligible, said advancement shall
be made retroactive to the first of the month when eligible.
5.7 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.
5.8 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.
5.9 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.
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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 5.11 - Salary on Promotion.
5.10 Salami Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an
employee in a class which is reallocated to a
salary range above or below that to which it was
previously allocated, when the number of steps
remain the same, shall be compensated at the
same step in the new salary range the employee
was receiving in the range to which the class
was previously allocated. If the reallocation is
from one salary range with more steps to a
range with fewer steps or vice versa, the
employee shall be compensated at the step on
the new range which is in the same percentage
ratio to the top step of the new range as was
the salary received before reallocation to the
top step of the old range, but in no case shall
any employee be compensated at less than the
first step of the range to which the class is
allocated.
B. In the event that a classification is reallocated
from a salary range with more steps to a salary
range with fewer steps on the salary schedule,
apart from the general salary increase or
decrease described in 5.10.A. above, each
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incumbent of a position in the reallocated class
shall be placed upon the step of the new range
which equals the rate of pay received before the
reallocation. In the event that the steps in the
new range do not contain the same rates as the
old range, each incumbent shall be placed at the
step of the new range which is next above the
salary rate received in the old range, or if the
new range does not contain a higher step, at
the step which is next lower than the salary
received in the old range.
C. In the event an employee is in a position which
is reallocated to a different class which is
allocated to a salary range the same as, above
or below the salary range of the employee's
previous class, the incumbent shall be placed at
the step in the new class which equals the rate
of pay received before reallocation. In the event
that the steps in the range for the new class do
not contain the same rates as the range for the
old class, the incumbent shall be placed at the
step of the new range which is next above the
salary rate received in the old range; or if the
new range does not contain a higher step, the
incumbent shall be placed at the step which is
next lower than the salary received in the old
range.
D. In the event of reallocation to a deep class, the
provisions of the deep class resolution and
incumbent salary allocations, if any, shall
supercede Section 5.11 .
5.11 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 5.15, shall receive the salary in the new salary
range which is next higher than the rate received before
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promotion. In the event this increase is less than five
percent (5%), the employee's salary shall be adjusted to the
step in the new range which is at least five percent (5%)
greater than the next higher step.
5.12 Salary on Appointment from a Layoff List. In the
event of the appointment of a laid-off employee from the
layoff list to the class from which the employee was laid off,
the employee shall be appointed at the step which the
employee had formerly attained in the higher class unless
such step results in an increase of less than five percent (5%),
in which case the salary shall be adjusted to the step in the
new range which is five percent greater than the next higher
step, if the new range permits such adjustment.
5.13 Salary on Involuntary Demotion. Any employee who
is demoted, except as provided under Section 5. 1 5, shall
have his/her salary reduced to the monthly salary step in the
range for the class of position to which he has been demoted
next lower than the salary received before demotion. In the
event this decrease is less than five percent (5%), the
employee's salary shall be adjusted to the step in the new
range which is five percent (5%) less than the next lower
step; provided, however, that the next step shall not be less
than the minimum salary for the lower class.
Whenever the demotion is the result of layoff, cancellation of
positions or displacement by another employee with greater
seniority rights, the salary of the demoted employee shall be
that step on the salary range which he/she would have
achieved had he/she been continuously in the position to
which he/she has been demoted, all within-range increments
having been granted.
5.14 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,
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and if not, new salary shall be set at the step next below
former salary.
5.15 Transfer. An employee who is transferred from one
position to another as described under "Transfer" shall be
placed at the step in the salary range of the new class which
equals the rate of pay received before the transfer. in the
event that the steps in the range for the new class do not
contain the same rates as the range for the old class, the
employee shall be placed at the step of the new range which
is next above the salary rate received in the old range; or if
the new range does not contain a higher step, the employee
shall be placed at the step which is next lower than the
salary received in the old range.
Whenever a permanent employee transfers to or from a deep
class, as provided in the appropriate deep class resolutions,
the salary of that employee shall be set as provided in the
deep class resolutions at a step not to exceed a 5% increase
in the employee's base salary.
However, if the deep class transfer occurs to or from a deep
class with specified levels identified for certain positions and
their incumbents, the employee's salary in the new class
shall be set in accordance with the section on "salary on
promotion" if the employee is transferring to another class
or to a level in a deep class for which the salary is at least 5%
above the top step of the deep class level or class in which
they have status currently.
5.16 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. 1 Z, Salary on
Promotion of this Memorandum, commencing on the 73rd
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consecutive hour of the assignment, under the following
conditions:
a. The employee is assigned to a program service or
activity established by the Board of Supervisors
which is reflected in an authorized position which
has been classified and assigned to the Salary
Schedule.
b. The nature of the departmental assignment is such
that the employee in the lower classification becomes
fully responsible for the duties of the position of the
higher classification.
C. Employee selected for the assignment will normally
be expected to meet the minimum qualifications for
the higher classification.
d. Pay for work in a higher classification shall not be
utilized as a substitute for regular promotional
procedures provided in this Memorandum.
e. Higher pay assignments shall not exceed six (6)
months except through reauthorization.
f. If approval is granted for pay for work in a higher
classification and the assignment is terminated and
later reapproved for the same employee within thirty
(30) days, no additional waiting period will be
required.
g. Any incentives (e.g., the education incentive) and
special differentials (e.g., bilingual differential and
hazardous duty differential) accruing to the
employee in his/her permanent position shall
continue.
h. During the period of work for higher pay in a higher
classification, an employee will retain his/her
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permanent classification, and anniversary and salary
review dates will be determined by time in that
classification.
i. Allowable overtime pay, shift differentials and/or
work location differentials will be paid on the basis of
the rate of pay for the higher class.
5.17 Payment. On the tenth (10th) day of each month, the
Auditor will draw a warrant upon the Treasurer in favor of
each employee for the amount of salary due the employee
for the preceding month; provided, however, that each
employee (except those paid on an hourly rate) may choose
to receive an advance on the employee's monthly salary, in
which case the Auditor shall, on the twenty-fifth (25th) day
of each month, draw his/her warrant upon the Treasurer in
favor of such employee.
The advance shall be in an amount equal to one-third (1 /3)
or less, at the option of the employee, of the employee's
basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less
all requested or required deductions.
The election to receive an advance shall be made on or
before April 30 or October 31 of each year or during the first
month of employment by filing on forms prepared by the
Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the
month following the deadline for filing the notice and shall
remain effective until revoked.
In the case of an election made pursuant to this Section 5.17,
all required or requested deductions from salary shall be
taken from the second installment, which is payable on the
tenth (10th) day of the following month.
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5.18 Pay Warrant Errors. If an employee receives a pay
warrant which has an error in the amount of compensation
to be received and if this error occurred as a result of a
mistake by the Auditor-Controller's Department, it is the
policy of the Auditor-Controller's Department that the error
will be corrected and a new warrant issued within 48 hours,
exclusive of Saturdays, Sundays and holidays, from the time
the Department is made aware of and verifies that the pay
warrant is in error.
Pay errors in employee pay shall be corrected as soon as
possible as to current pay rate but that no recovery of either
overpayments or underpayments to an employee shall be
made retroactively except for the two (2) year period
immediately preceding discovery of the pay error. A
repayment schedule not to exceed six months will be
mutually agreed to between the employee and the Auditor-
Controller or designee. This provision shall apply regardless
of whether the error was made by the employee, the
appointing authority or designee, the Director of Personnel
or designee, or the Auditor-Controller or designee. Recovery
of fraudulently accrued over or underpayments are excluded
from this section for both parties.
SECTION 6 - DAYS AND HOURS OF WORK
The normal work week of County employees is forty (40)
hours between 12:01 a.m. Monday to 12:00 midnight
Sunday, usually five (5) eight-hour days. However, where
operational requirements of a department require deviations
from the usual pattern of five, eight-hour days per work
week, an employee's work hours may be scheduled to meet
these requirements. The Department Head shall prepare
written schedules in advance to support all deviations and
encompass the complete operational cycle contemplated.
The work week for employees in the 4/10 shift is four (4),
ten (10) hour working days during a work week consisting of
- 27 -
any seven (7) day period. If the County wants to eliminate
any existing 4/10 shift and substitute a 5/8 shift, or to
institute a 4/10 shift which does not allow for three (3)
consecutive days off (excluding overtime days or a change
of shift assignment), it, will meet and confer with the
Association prior to implementing said new shift.
It is agreed that a 9/80 work schedule will continue subject
to the agreement between the Assessor's Department and
the Appraisers' Association dated March 4, 1992 (Attachment
Q.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work
performed in excess of forty flours per week or eight hours
per day. Overtime for "4-10" shift employees is any work
performed beyond ten hours per day or forty hours per
week. All overtime shall be compensated for at the rate of
one and one-half (1 -1 /2) times the employee's base rate of
pay (not including shift and other special differentials).
Overtime for permanent employees is earned and credited in
a minimum of one-half hour increments and is compensated
by either pay or compensatory time off.
7.2 Compensatory Time. The following provisions shall
apply:
a. Employees may periodically elect to accrue
compensatory time off in lieu of overtime pay.
Employees shall make a choice, which will remain in
effect for a period of one fiscal year Ouly 1 - June 30).
Eligible employees must notify their Department
Head or his/her designee of their intention to accrue
compensatory time off at least seven (7) calendar
days prior to July 1 of each year.
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b. The names of those employees electing to accrue
compensatory time off shall be placed on a list
maintained by the department. Employees who
become eligible (i.e., newly hired employees,
employees promoting, demoting, etc.) for
compensatory time off in accordance with these
guidelines; after.the. list. has- been -compiled,_.will -be. .
paid for authorized overtime hours worked until the
preparation of the next annual dist, unless such
employees specifically request in writing to the
Department Head or his designee that they be placed
on the list currently in effect.
C. Compensatory time off shall be accrued at the rate of
one and one-half (1 -1 /2) times the actual authorized
overtime hours worked by the employee.
d. Employees may not accrue a compensatory time off
balance that exceeds sixty (60) hours. Once a sixty
(60) hour balance has been attained, authorized
overtime hours will be paid at the overtime rate. If
the employee's balance falls below sixty (60) hours,
the employee shall again accrue compensatory time
off for authorized overtime hours worked until the
employee's balance again reaches sixty (60) hours.
e. Accrued compensatory time off shall be carried over
for use in the next fiscal year; however, as provided
in 7.2.D. above, accrued compensatory time off
balances may not exceed sixty (60) hours.
f. Employees may not use more than sixty (60) hours of
compensatory time off in any fiscal year period Ouly
1 - dune 30) without the approval of the Department
Head or designee.
g. The use of accrued compensatory time off shall be by
mutual agreement between the Department Head or
his/her designee and the employee. Compensatory
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time off shall not be taken when the employee
should be replaced by another employee who would
be eligible to receive, for time worked, either
overtime payment or compensatory time accruals as
provided for in this Section. This provision may be
waived at the discretion of the Department Head or
his -or- he.r designee.
h. When an employee promotes, demotes or transfers
from one classification eligible for compensatory
time off to another classification eligible for
compensatory time off within the same department,
the employee's accrued compensatory time off
balance will be carried forward with the employee.
L Compensatory time accrual balances will be paid off
when an employee moves from one department to
another through promotion, demotion or transfer.
Said payoff will be made in accordance with the
provisions and salary of the class from which the
employee is promoting, demoting or transferring as
set forth in 7.2j. below.
j. Since employees accrue compensatory time off at the
rate of one and one-half 0 -112) hours for each hour
of authorized overtime worked, accrued
compensatory time balances will be paid off at the
straight time rate (two-thirds 2/3 the overtime rate)
for the employee's current salary whenever:
1 . the employee changes status and is no longer
eligible for compensatory time off;
2. the employee promotes, demotes or transfers to
another
department;
3. the employee separates from County service;
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4. the employee retires.
k. The Office of the County Auditor-Controller will
establish timekeeping procedures to administer this
Section.
7.3 Fair Labor Standards Act Provisions. The. Fair Labor
Standards Act, as amended, may govern certain terms and
conditions of the employment of employees covered by this
MOU. It is anticipated that compliance with the Act may
require changes in some of the County policies and practices
currently in effect or agreed upon. If it is determined by the
County that certain working conditions, including but not
limited to work schedules, hours of work, method of
computing overtime, overtime pay and compensatory time
off entitlements or use, must be changed to conform with
the Fair Labor Standards Act, such terms and conditions of
employment shall not be controlled by this MOU but shall be
subject to modification by the County to conform to the
federal law, without further meeting and conferring. The
County shall notify the Association (employee organizations)
and will meet and confer with said organization regarding
the implementation of such modifications.
SECTION 8 - CALL BACK TIME
Any employee who is called back to duty shall be paid at the
appropriate rate for the actual time worked plus one (1 )
hour. Such employee called back shall be paid a minimum
of two (2) hours at the appropriate rate for each call back.
SECTION 9 - ON-CALL DUTY
On-call duty is any time other than time when the employee
is actually on duty during which an employee is not required
to be on County premises but stand ready to immediately
report for duty and must arrange so that his/her superior
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can reach him/her on ten (10) minutes notice or Tess. An
employee assigned to on-call time shall be paid one (1 ) hour
of straight time credit for each four (4) hours on such on-call
time unless otherwise provided in the supplemental sections
of this Agreement. Where on-call arrangements exist, the
Department Head shall designate which employees are on- .
call unless otherwise prov'ided.- i-n-the supplemental sections
of this Agreement.
SECTION 10 - DIFFERENTIALS
10.1 Shift Differential. In the hours which qualify for shift
differential, employees shall receive five percent (5%) above
their base salary rate.
To qualify for shift differential, an employee must have a
regularly assigned daily work schedule which requires:
a. Completion of more than .one and one-half (1 -112)
hours over the normal actual working time; or
b. At least four (4) hours of actual working time from
5:00 p.m. through 9:00 a.m. inclusive. However,
employees who have been regularly working a shift
qualifying for shift differential immediately preceding
the commencement of a vacation, paid sick leave
period, paid disability or other paid leave, will have
shift differential included in computing the pay for
their leave. The paid leave of an employee who is on
a rotating shift schedule shall include the shift
differential that would have been received had the
employee worked the shift for which the employee
was scheduled during such period. Shift differential
shall only be paid during paid sick leave and paid
disability as provided above for the first thirty (30)
calendar days of each absence.
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10.2 Standards Division Differential. Associate
Appraisers assigned to the Standards Division of the
Assessor's Office shall receive a monthly differential in the
amount of two and one-half percent (2.5%) of monthly base
pay for each month assigned. This differential is in
recognition of the additional responsibilities and duties
required when assigned to the Standards Division.-
The Associate Appraiser in the Standards Division who is
assigned the responsibility of providing lead direction and
training to subordinate appraisers shall receive a monthly
differential in the amount of two and one-half percent (2.5%)
of monthly base pay in addition to the differential described
above.
Implementation of the above differentials is contingent upon
approval by the Board of Supervisors to reallocate the
classes of Appraiser Analyst and Senior Appraiser Analyst to
Associate Appraiser. The effective date of the differentials
will be August 1 , 1994.
SECTION 11 - SENIORITY, WORKFORCE REDUCTION,
LAYOFF & REASSIGNMENT
11 .1 Workforce Reduction. In the event that funding
reductions or shortfalls in funding occur in a department or
are expected, which may result in layoffs, the department
will notify the Association and take the following actions:
a. Identify the classification(s) in which position
reductions may be required due to funding
reductions or shortfalls.
b. Advise employees in those classifications that
position reductions may occur in their classifications.
C. Accept voluntary leaves of absence from employees
in those classifications which do not appear to be
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potentially impacted by possible position reductions
when such leaves can be accommodated by the
department.
d. Consider employee requests to reduce their position
hours from full time to part time to alleviate the
impact.:of the potential. layoffs:
e. Approve requests for reduction in hours, lateral
transfers, and voluntary demotions to vacant, funded
positions in classes not scheduled for layoffs within
the department, as well as to other departments not
experiencing funding reductions or shortfalls when
it is a viable operational alternative for the
department(s).
f. Review various alternatives which will help mitigate
the impact of the layoff by working through the
Tactical Employment Team program (TET) to:
1 . Maintain an employee skills inventory bank to
be used as a basis for referrals:- to other
employment opportunities.
Z. Determine if there are other positions to which
employees may be transferred.
3. Refer interested persons to vacancies which
occur in other job classes for which they qualify
and can use their layoff eligibility.
4. Establish workshops to aid laid off employees in
areas such as resume preparation, alternate
career counseling, job search strategy, and
interviewing skills.
g. 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
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layoff of employees in a representation unit, the
Employee Relations Officer shall notify the
Association of the possibility of such layoffs and shall
meet and confer with the Association regarding the
implementation of the action.
11:2* - Separation-.Through. Layoff
A. 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).
B. 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.
C. Layoff By Displacement.
1 . 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
permanent-intermittent or permanent part-
time position, the least senior employee
being displaced first.
2. 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
- 35 -
having less seniority; the least senior
employee being displaced first, and so on
with senior displaced employees displacing
junior employees.
D. Particular Rules on Displacing.
1 . Permanent-intermittent and permanent
part-time employees may displace only
employees holding permanent positions of
the same type respectively.
2. A permanent full time employee may
displace any intermittent or part-time
employee with less seniority 1 ) in the same
class or, 2) in a class of the same or lower
salary level if no full time employee in a
class at the same or lower salary level has
less seniority than the displacing
employees.
3. 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.
E. 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
- 36 -
by the salary schedule in effect at the time of
layoff. Employees reallocated or transferred
without examination from one class to another
class having a salary within five percent of the
former class, as provided in Section 305.2, shall
carry the seniority accrued in the former class
into the new .class. Employees reallocated to a.
new deep class upon its initiation or otherwise
reallocated to a deep class because the duties of
the position occupied are appropriately
described in the deep class shall carry into the
deep class the seniority accrued or carried
forward in the former class and seniority
accrued in other classes which have been
included in the deep class. Service for layoff
and displacement purposes includes only the
employee's last continuous permanent County
employment. Periods of separation may not be
bridged to extend such service unless the
separation is a result of layoff in which case
bridging will be authorized if the employee is
reemployed in a permanent position within the
employee's layoff eligibility. Approved leaves of
absence as provided for in these rules and
regulations shall not constitute a period of
separation. In the event of ties in seniority
rights in the particular class in question, such
ties shall be broken by length of last continuous
permanent County employment. If there remain
ties in seniority rights, such ties shall be broken
by counting total time in the department in
permanent employment. Any remaining ties
shall be broken by random selection among the
employees involved.
F. 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
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displacement, or 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.
G; Order of Names on Layoff. First,, -..layoff .lists
shall contain the names of persons laid off, ff
displaced, or 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 or
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 depart-
ments, the tie(s) shall be broken by length of
last continuous permanent County employment
with remaining ties broken by random selection
among the employees involved.
H. Duration of Layoff Rights. The name of any
person granted reemployment privileges shall
continue on the layoff list for a period of two (Z)
years. Persons placed on layoff lists shall
continue on the appropriate list for a period of
four (4) years.
I. 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
transferred in lieu of layoff or displacement.
When a request for personnel is received from
the appointing authority of a department from
which an eligible(s) was laid off, the appointing
- 38 -
authority shall receive and appoint the eligible
highest on the layoff list from the department.
When a request for personnel is received from
a department from which an eligible(s) was not
laid off, the appointing authority shall receive
and appoint the eligible highest on the layoff
list who - shall: be subject to a probationary
period. A person employed from a layoff list
shall be appointed at the same step of the
salary range the employee held on the day of
layoff.
�. Removal of Names from Layoff Lists. The
Director of Personnel may remove the name of
any eligible from a layoff list for any reason
listed below:
1 . For any cause stipulated in Section 404.1
of the Personnel Management Regulations.
2. On evidence that the eligible cannot be
located by postal authorities.
3. 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.
4. If three offers of permanent appointment
to the class for which the eligible list was
established have been declined by the
eligible.
5. If the eligible fails to respond to the
Director of Personnel or the appointing
authority within ten (10) days to written
notice of certification mailed to the
person's last known address. Notice shall
- 39 -
be sent to the person affected.
If the person on the reemployment or layoff list
is appointed to another position in the same or
lower classification, the name of the person
shall be removed. However, if the first
.-permartent.appointment of a, person on a Layoff.
list is to a lower class which has a top step
salary lower than the top step of the class from
which the person was laid off, the name of the
person shall not be removed from the layoff list.
Any subsequent appointment of such person
from the layoff list shall result in removal of
that person's name.
K. Removal of Names from Reemployment and
Layoff Certifications. The Director of Personnel
may remove the name of any eligible from a
reemployment or layoff certification if the
eligible fails to respond within five (5) days to a
written notice of certification mailed to the
person's last known address.
11 .3 Notice. The County agrees to give employees
scheduled for layoff at least ten (10) work days notice prior
to their last day of employment.
11 .4 Special Employment Lists. The County will establish
a TET Employment Pool which will include the names of all
laid off County employees. Special employment lists for job
classes may be established from the pool. Persons placed on
a special employment list must meet the minimum
qualifications for the class. An appointment from such a list
will not affect the individual's status on a layoff list(s).
1 l .5 Reassignment of Laid Off Employees. Employees
who displaced within the same classification from full time
to part-time or -intermittent status in a layoff, or who
voluntarily reduced their work hours to reduce the impact of
- 40 -
layoff, or who accepted a position of another status than that
from which they were laid off upon referral from the layoff
list, may request reassignment back to their pre-layoff status
(full time or part-time or increased hours). The request must
be in writing in accord with each department's reassignment
bid or selection process. Employees will be advised of the
-reassignment procedure- to be --followed-. to ._.o.btain
reassignment back to their former status at the time of the
workforce reduction. The most senior laid off employee in
this status who requests such a reassignment will be
selected for the vacancy; except when a more senior laid off
individual remains on the layoff list and has not been
appointed back to the class from which laid off, a referral
from the layoff list will be made to fill the vacancy.
11 .6 Further Study. The County agrees to meet with the
Labor Coalition for study of the concept of employee's waiver
of displacement rights in a layoff.
SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe the
following holidays:
January 1 st, known as New Year's Day
Third Monday in January, known as Dr. Martin Luther
King Jr. Day
Third Monday in February, known as President's Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November ] 1 th, known as Veteran's Day
Fourth Thursday in November, known as
Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
- 41 -
Such other days as the Board of Supervisors may by
resolution designate as holidays.
Each full time employee shall accrue two (2) hours of
personal holiday credit per month. Such personal holiday
time may be taken in increments of one-tenth (1 /10) hour,
and preference- of .,personal holidays-. shall be -given to
employees according to their seniority in'their department
as reasonably as possible. No employee may accrue more
than forty (40) hours of personal holiday credit. On
separation from County service, an employee shall be paid
for any unused personal holiday credits at the employee's
then current pay rate.
1.2.2 Application of Holiday Credit. The following
provisions indicate how holiday credit is to be applied:
a. Employees on the five day Monday through Friday
work schedule shall be entitled to a holiday whenever
a holiday is observed pursuant to the schedule cited
above.
b. Employees on a work schedule other than Monday
through Friday shall be entitled to credit for any
holiday, whether worked or not, observed by
employees on the regular schedule.
C. For all employees, if a work day falls on a scheduled
holiday, they shall receive overtime pay or equivalent
compensatory time credit (holiday credit) for working
the holiday; or if a holiday falls on the day off of an
employee, the employee shall be given straight time
pay or equivalent compensatory time credit unless
otherwise provided for in other Sections of this
Agreement.
d. If any holiday listed in Section 12. 1 .A. above falls on
a Saturday, it shall be celebrated on the preceding
Friday. If any holiday listed in Section 12.1 .A. falls on
- 42 -
a Sunday, it shall be celebrated on the following
Monday. For employees in positions assigned to
units or services on a shift operational cycle which
includes Saturday or Sunday as designated by the
appointing authority (rather than Monday through
Friday eight (8) hours per day or a designated 4/10
or 9/80- sc.hedale)-hol'iclays-shal-l- be observed ori- the
day on which the holiday falls regardless if it is a
Saturday or Sunday.
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 bear to the number of hours in the regular full time
schedule, regardless of whether the holiday falls on the part-
time employee's regular work day. Permanent part-time and
permanent-intermittent employees who work on a holiday
shall receive overtime pay or compensatory time credit for
all hours worked, up to a maximum of 8.
12.4 4/10 Shift Holidays.
A. Holiday Shift Pay. For all employees, if a work
day falls on a scheduled holiday, they shall
receive overtime pay or equivalent
compensatory time credit (holiday credit) for
working the holiday for the first eight (8) hours
worked; or if a holiday falls on the day off of an
employee, the employee shall be given straight
time pay or equivalent compensatory time credit
for eight (8) hours.
B. Absence on Holiday. The maximum time
charged to sick leave, vacation or leave without
pay on a holiday shall be two (Z) hours.
- 43 -
12.5 9/80 Shift Holidays.,
A. Holiday Shift Pay. For all employees, if a work
day falls on a scheduled holiday, they shall
receive overtime pay or equivalent
compensatory time credit (holiday credit) for
working the holiday for the first- eight .(8) hours
worked; or if a holiday falls on the day off of an
employee, the employee shall be given straight
time pay or equivalent compensatory time credit
for eight (8) hours.
B. Absence on Holiday. The maximum time
charged to sick leave, vacation or leave without
pay on a holiday shall be one (1 ) hour.
12.6 Accrual of Holiday Time. Employees entitled to
holiday credit shall be permitted to elect between pay or
compensatory time off in recognition of holidays worked.
A. Any person who is eligible and who elects to
accrue holiday time must agree to do so for a
full fiscal year Ouly 1 through ,June 30), or the
remainder thereof.
B. Employees starting work after a list of those
electing to accrue holiday time has been
submitted to the Auditor and approved, will be
paid overtime unless they specifically requested
in writing within seven (7) calendar days to be
placed on the accrual list.
C. Holiday credit shall be accrued at the rate
specified above to a maximum of eight (8)
hours worked by the employee.
D. Accrued holiday credit may not be accumulated
in excess of two hundred eighty-eight (288)
working hours, exclusive of regular vacation
- 44 -
accruals. After 288 hours, holiday time shall be
paid at the rates specified above.
E. Accrued holiday credit may be taken off at times
determined by mutual agreement of the
employee and the Department Head.
F. Accrued holiday credit shall be paid off only
upon a change in status of the employee such
as separation, transfer to another department
or reassignment to a permanent-intermittent
position.
SECTION 13 - VACATION LEAVE
13.1 Vacation Allowance. Employees in permanent
positions are entitled to vacation with pay. Accrual is based
upon straight time hours of working time per calendar
month of service and begins on the date of appointment to
a permanent position. Increased accruals begin on the first
of the month following the month in which the employee
qualifies. Accrual for portions of a month shall be in
minimum amounts of one (1 ) hour calculated on the same
basis as for partial month compensation pursuant to Section
5.7 of this MOU. Vacation credits may not be taken during
the first six calendar months of employment (not necessarily
synonymous with probationary status) except where sick
leave is exhausted; and none shall be allowed in excess of
actual accrual at the time vacation is taken. Vacation may be
taken in increments of 1 /10 hours.
13.2 Vacation Leave on Reemployment from a Layoff
List. Employees with six months or more service in a
permanent position prior to their layoff, who are employed
from a layoff list, shall be considered as having completed
six months tenure in a permanent position for the purpose
of vacation leave. The appointing authority or designee will
advise the Auditor-Controller's Payroll Unit in each case
- 45 -
where such vacation is authorized so that appropriate Payroll
system override actions can be taken.
13.3 Vacation Accrual Rates. The rates at which vacation
credits accrue, and the maximum accumulation thereof, are
as follows:
-Month.ly:- Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 10 2/3 256
12 years 11 1 /3 272
13 years 12 288
14 years 12 2/3 304
15 through 19 years 13 1 /3 320
20 through 24 years 16 2/3 400
25 through 29 years 20 480
30 years and up 23 1 /3 560
Employees in permanent part-time and permanent-
intermittent positions shall accrue vacation benefits on a pro
rata basis as provided in Section 36-1 .006 of Board
Resolution No. 81 /1165.
13.4 Bridged Service. Employees who are rehired and
have their service bridged in accordance with the provisions
of this MOU shall accrue vacation in accordance with the
accrual formula above. Prior service time which has been
bridged shall count toward longevity accrual.
13.5 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.
13.6 Vacation Allowance for Separated Employees. On
separation from County service, an employee shall be paid
- 46 -
for any unused vacation credits at the employee's then
current pay rate.
13.7 Preference. Preference of vacation shall be given to
employees according to their seniority in their department
as reasonably as possible, unless otherwise provided in the
-:su�pplemerita*l - sections: of this Agreement. or- other,
departmental policies.
SECTION 14 - SICK LEAVE
14.1 Purpose of Sick Leave. The primary purpose of paid
sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury. It is
a benefit extended by the County and may be used only as
authorized; it is not paid time off which employees may use
for personal activities.
14.2 Credits To and Charges Against Sick Leave. Sick
leave credits accrue at the rate of eight (8) working hours
credit for each completed month of service , as,prescribed by
County Salary Regulations. Employees who work a portion
of a month are entitled to a pro rata share of the monthly
sick leave credit computed on the same basis as is partial
month compensation.
Credits to and charges against sick leave are made in
minimum amounts of one-tenth hour (6 minute) increments.
Unused sick leave credits accumulate from year to year.
When an employee is separated other than through
retirement, accumulated sick leave credits shall be cancelled,
unless the separation results from layoff, in which case the
accumulated credits shall be restored if reemployed in a
permanent position within the period of lay off eligibility.
- 47 -
As of the date of retirement; an employee's accumulated sick
leave is converted to retirement on the basis of one day of
retirement service credit for each day of accumulated sick
leave credit.
14.3 Policies Governing the Use of Paid Sick Leave. As
indicated-above, the primary. p,u.'.r-.poS(!.'of paid sick leave is' to
ensure employees against loss of pay for . temporary
absences from work due to illness or injury. The following
definitions apply:
Immediate Family: Includes only the spouse, son, stepson,
daughter, stepdaughter, father, stepfather, mother,
stepmother, brother, sister, grandparent, grandchild, niece,
nephew, father-in-law, mother-in-law, daughter-in-law, son-in-
law, brother-in-law, sister-in-law, foster children, aunt, uncle,
cousin, stepbrother, or stepsister of an employee and/or
includes any other person for whom the employee is the
legal guardian or conservator, or any person who is claimed
as a "dependent" for IRS repQrting purposes by the
employee.
Employee: Any person employed by Contra Costa County in
an allocated position in the County service.
Paid Sick Leave Credits: Sick leave credits provided for by
County Salary Regulations and memoranda of
understanding.
Condition/Reason: With respect to necessary verbal contacts
and confirmations which occur between the department and
the employee when sick leave is requested or verified, a brief
statement in non-technical terms from the employee
regarding inability to work due to injury or illness is
sufficient.
Accumulated paid sick leave credits may be used, subject to
appointing authority approval, by an employee in pay status,
but only in the following instances:
- 48 -
a. Temporarylllness or Injury of an Employee. Paid sick
leave credits may be used when the employee is off
work because of a temporary illness or injury.
b. Permanent Disability Sick Leave. Permanent disability
means the. 'e M* ploy'ee - suffers. from .-a.- disabiing
physical injury or illness and is thereby prevented
from engaging in any County occupation for which
the employee is qualified by reason of education,
training or experience. Sick leave may be used by
permanently disabled employees until all accruals of
the employee have been exhausted or until the
employee is retired by the Retirement Board, subject
to the following conditions:
1 . An application for retirement due to disability
has been filed with the Retirement Board.
2. Satisfactory medical evidence of such disability
is received by the appointing authority within
30 days of the start of use of sick leave for
permanent disability.
3. The appointing authority may review medical
evidence and order further examination as
deemed necessary, and may terminate use of
sick leave when such further examination
demonstrates that the employee is not disabled,
or when the appointing authority determines
that the medical evidence submitted by the
employee is insufficient, or where the above
conditions have not been met.
C. Communicable Disease. An employee may use paid
sick leave credits when under a physician's order to
remain secluded due to exposure to a communicable
disease.
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d. Sick Leave Utilization for Pregnancy Disability.
Employees whose disability is caused or contributed
to by pregnancy, miscarriage, abortion, childbirth, or
recovery therefrom, shall be allowed to utilize sick
leave credit to the maximum accrued by such
employee during the period of such disability under
the conditio'ns'set forth-below:
1 . Application for such leave must be made by the
employee to the appointing authority
accompanied by a written statement of
disability from the employee's attending
physician. The statement must address itself to
the employee's general physical condition
having considered the nature of the work
performed by the employee, and it must
indicate the date of the commencement of the
disability as well as the date the physician
anticipates the disability to terminate.
2. If an employee does not apply for leave and the
appointing authority believes that the employee
is not able to properly perform her work or that
her general health is impaired due to disability
caused or contributed to by pregnancy,
miscarriage, abortion, childbirth or recovery
therefrom the employee shall be required to
undergo a physical examination by a physician
selected by the County. Should the medical
report so recommend, a mandatory leave shall
be imposed upon the employee for the duration
of the disability.
3. Sick leave may not be utilized after the
employee has been released from the hospital
unless the employee has provided the County
with a written statement from her attending
physician stating that her disability continues
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and the projected dates of the employee's
recovery from such disability.
e. Medical and Dental Appointments. An employee may
use paid sick leave credits:
1 . For working time .used in .keepir�g-.-medical-and
dental appointments for the employee's own
care; and
2. For working time used by an employee for
prescheduled medical and dental appointments
for an immediate family member.
f. Emergency Care of Family. An employee may use
paid sick leave credits for working time used in cases
of illness or injury to an immediate family member.
g. Death of Family Member. An employee may use paid
sick leave credits for working time used because of
a death in the employee's immediate family, but this
shall not exceed three working days, plus up to two
days of work time for necessary travel.
h. Accumulated paid sick leave credits may not be used
in the following situations:
1 . Vacation. Paid sick leave credits may not be
used for an employee's illness or injury which
occurs while he is on vacation but the County
Administrator may authorize it when
extenuating circumstances exist and the
appointing authority approves.
2. Not in Pay Status. Paid sick leave credits may
not be used when the employee would
otherwise be eligible to use paid sick leave
credits but is not in pay status.
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14.4 Administration of Sick Leave. The proper
administration of sick leave is a responsibility of the
employee and the department head. The following
procedures apply:
a. Employee Responsibilities
1 . Employees are responsible for notifying their
department of an absence prior to the
commencement of their work shift or as soon
thereafter as possible. Notification shall include
the reason and possible duration of the
absence.
2. Employees are responsible for keeping their
department informed on a continuing basis of
their condition and probable date of return to
work.
3. Employees are responsible for obtaining
advance approval from their supervisor for the
scheduled time of pre-arranged personal or
family medical and dental appointment.
4. Employees are encouraged to keep the
department advised of (1 ) a current telephone
number to which sick leave related inquiries
may be directed, and (2) any condition(s) and/or
restriction(s) that may reasonably be imposed
regarding specific locations and/or persons the
department may contact to verify the
employee's sick leave.
b. Department Responsibilities. The use of sick leave
may properly be denied if these procedures are not
followed. Abuse of sick leave on the part of the
employee is cause for disciplinary action.
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Departmental approval of sick leave is a certification
of the legitimacy of the sick leave claim. The
department head or designee may make reasonable
inquiries about employee absences. The department
may require medical verification for an absence of
three (3) or more working days. The department may
Also.'require medical* verification for absences- of less.
than three (3) working days for probable cause 'if the
employee had been notified in advance in writing
that such verification was necessary. Inquiries may
be made in the following ways:
1 . Calling the employee's residence telephone
number or other contact telephone number
provided by the employee if telephone
notification was not made in accordance with
departmental sick leave call-in guidelines.
These inquiries shall be subject to any
restrictions imposed by the employee under
Section 14.4.A.
2. Obtaining the employee's signature on the
Absence/Overtime Record, or on another form
established for that purpose, as employee
certification of the legitimacy of the claim.
3. Obtaining the employee's written statement of
explanation regarding the sick leave claim.
4. Requiring the employee to obtain a physician's
certificate or verification of the employee's
illness, date(s) the employee was incapacitated,
and the employee's ability to return to work, as
specified above.
5. In absences of an extended nature, requiring
the employee to obtain from their physician a
statement of progress and anticipated date on
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which the employee will be able to return to
work, as specified above.
Department heads are responsible for establishing
timekeeping procedures which will insure the
submission of a time card covering each employee
absence and for-operating their respective offices--in..
accordance with these policies and with clarifying
regulations issued by the Office of the County
Administrator.
To help assure uniform policy application, the
Personnel Director or designated management staff
of the County Personnel Department should be
contacted with respect to sick leave determinations
about which the department is in doubt.
14.5 Disability.
A. An employee physically or mentally
incapacitated for the; performance of duty is
subject to dismissal,:;:suspension or demotion,
subject to the County Employees Retirement
Law of 1937. An appointing authority, after
giving notice, may place an employee on leave
if the appointing authority has filed an
application for disability retirement for the
employee, or whom the appointing authority
believes to be temporarily or permanently
physically or mentally incapacitated for the
performance of the employee's duties.
B. An appointing authority who has reasonable
cause to believe that there are physical or
mental health conditions present in an
employee which endanger the health or safety
of the employee, other employees or the public,
or which impair the employee's performance of
duty, may order the employee to undergo, at
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County expense and on the employees paid
time, a physical, , medical and/or psychiatric
examination by a licensed physician and receive
a report of the findings on such examination. If
the examining physician recommends that
treatment for physical or mental health
:problem-s;- n
including leave, -are.. in the... best
interests of the employee or the County in
relation to the employee overcoming any
disability and/or performing his or her duties,
the appointing authority may direct the
employee to take such leave and/or undergo
such treatment.
C. Leave due to temporary or permanent disability
shall be without prejudice to the employee's
right to use sick leave, vacation or any other
benefit to which the employee is entitled other
than regular salary. The Personnel Director may
order lost pay restored for good cause and
subject to the employee's duty to mitigate
damages.
D. Before an employee returns to work from any
absence for illness or injury, other leave of
absence or disability leave exceeding two weeks
in duration, the appointing authority may order
the employee to undergo at County expense a
physical, medical and/or psychiatric
examination by a licensed physician, and may
consider a report of the findings on such
examination. If the report shows that such
employee is physically or mentally incapacitated
for the performance of duty, the appointing
authority may take such action as he deems
necessary in accordance with appropriate
provisions of this MOU.
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14.6 Workers' Compensation.
A. Employees who leave work as a result of an on-
the-job injury will have the balance of that day
charged to sick leave and/or vacation accruals.
This will be considered as the last day worked
..for. : purposes.- . -of. - determining . Workers'
Compensation benefits.
B. Three (3) consecutive calendar days following
the last day worked constitutes a waiting period
before Workers' Compensation starts. The time
the employee is scheduled to work during this
waiting period will be charged to the employee's
sick leave and/or vacation accruals. In order to
qualify for Workers' Compensation, the
employee must be under the care of a
physician. Temporary compensation is payable
on the first three (3) days of disability when the
injury necessitates hospitalization, or when the
disability exceed fourteen (14) days.
A permanent employee shall continue to receive
full regular salary during any period of
compensable temporary disability absence.
"Compensable temporary disability absence" for
the purpose of this section, is any absence due
to work-connected disability which qualifies for
temporary disability compensation under
Workers' Compensation Law, set forth in
Division 4 of the California Labor Code. When
any disability becomes permanent, the salary
provided in this Section shall terminate. The
employee shall return to the County all
temporary disability payments received from
any County-funded wage replacement program.
No charge shall be made against sick leave or
vacation for these salary payments. Sick leave
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and vacation rights shall not accrue for those
periods during which salary payments are made.
The maximum period for the described salary
continuation for any one injury or illness shall
be one year from the date of temporary
disability:
C. Continuing pay begins at the same time that
temporary Workers' Compensation starts and
continues until the temporary disability ends, or
until one (1 ) year has expired, whichever comes
first. All continuing pay under the Workers'
Compensation Program will be cleared through
the Personnel Department, Benefits Division.
Whenever an employee who has been injured on
the job and has returned to work is required by
an attending physician to leave work for
treatment during working hours, the employee
shall be allowed time off up to three (3) hours
for such treatment without loss of pay or
benefits. This provision applies only to injuries
that have been accepted by the County as job
connected injuries.
D. Full Pay Beyond One Year. If an injured
employee remains eligible for temporary
disability beyond one year, full salary will
continue by integrating sick leave and/or
vacation accruals with Workers' Compensation
benefits. If salary integration is no longer
available, Workers' Compensation benefits will
be paid directly to the employee as prescribed
by Workers' Compensation laws.
E. Rehabilitation Integration. An injured employee
who is eligible for Workers' Compensation
rehabilitation temporary disability benefits and
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whose disability is medically permanent and
stationary will continue to receive full salary by
rehabilitation temporary disability benefits until
those accruals are exhausted. Thereafter, the
rehabilitation temporary disability benefits will
be paid directly to the employee.
F. Health Insurance. The County contribution to .
the employee's group insurance plan(s)
continues during the continuing pay period and
during integration of sick leave or vacation with
Workers' Compensation benefits.
G. Method of Integration. An employee's sick leave
and/or vacation charges shall be calculated as
follows: C = 8 [1 - (W = S)]
C = Sick leave or vacation charge per day (in
hours)
W = Statutory Workers' Compensation for a
month
S = Monthly Salary
14.7 Rehabilitation Program. It is understood that the
benefits specified above in this Section 14 shall be
coordinated with the rehabilitation program as determined
by the Labor-Management Committee.
14.8 Accrual During Leave Without Pay. No employee
who has been granted a leave without pay or an unpaid
military leave shall accrue any sick leave credits during the
time of such leave, nor shall an employee who is absent
without pay accrue sick leave credits during the absence.
14.9 Disability Insurance Review Committee. The County
shall establish a Disability Insurance Review Committee
consisting of one representative from each employee
organization and four management representatives to review
and recommend to the Director of Personnel the feasibility
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of implementing a self-funded and self-administered
disability insurance program.
SECTION 15 - CATASTROPHIC LEAVE BANK
151 Program Oesign. . Effective April 1-j- 1994, the Cun:ty
Personnel Department will begin operation of a Catastrophic
Leave Bank which is designed to assist any County employee
who has exhausted all paid accruals due to a serious or
catastrophic illness, injury, or condition of the employee or
family member. The program establishes and maintains a
Countywide bank wherein any employee who wishes to
contribute may authorize that a portion of his/her accrued
vacation, compensatory time, holiday compensatory time or
floating holiday be deducted from those account(s) and
credited to the Catastrophic Leave Bank. Upon approval,
credits from the Catastrophic Leave Bank may be transferred
to a requesting employee's sick leave account so that
employee may remain in paid status for a longer period of
time, thus partially ameliorating the financial impact of the
illness, injury, or condition.
Catastrophic illness or injury is defined as a critical medical
condition, a long-term major physical impairment or
disability which manifests itself during employment.
15.2 Operation. The plan will be administered under the
direction of the Personnel Director. The Personnel
Department will be responsible for receiving and recording
all donations of accruals and for initiating transfer of credits
from the Bank to the recipient's sick leave account.
Disbursement of accruals will be subject to the approval of
a six (6) member committee composed of three (3) members
appointed by the County Administrator and three (3)
members appointed by the majority representative employee
organizations. The committee shall meet as necessary to
consider all requests for credits and shall make
determinations as to the appropriateness of the request and
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the amount of accruals to be awarded. Consideration of all
requests by the committee will be on an anonymous
requestor basis.
Hours transferred from the Catastrophic Leave Bank to a
recipient will be in the form of sick leave accruals and shall
be treated. as reg:War sick,Ieay.e-accruals:
To receive credits under this plan, an employee must have
permanent status, must have exhausted all time off accruals
to a level below eight (8) hours total, have applied for a
medical leave of absence and have medical verification of
need.
Donations are irrevocable and may be made in minimum
blocks of eight (8) hours per donations from balances in the
vacation, holiday, floating holiday, compensatory time, or
holiday compensatory time accounts.
Time donated will be converted to a dollar value and the
dollar value will be converted back to sick leave accruals at
the recipient's base hourly rate when disbursed. Credits will
not be on a straight hour-for-hour basis. All computations
will be on a standard 173.33 basis, except that employees on
other than a 40 hour week will have hours prorated
according to their status.
Any recipient will be limited to a total of 1040 hours or its
equivalent per catastrophic event; each donor will be limited
to 120 hours per calendar year.
No element of this plan is grievable. All appeals from either
a donor or recipient will be resolved on a final basis by the
Director of Personnel.
This Catastrophic Leave Bank program is adopted on a 12
month pilot program ending April 1 , 1995. Its continuation
will be subject to consideration of administrative ease of
operation, cost and acceptance by employees.
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No employee will have any entitlement to catastrophic leave
benefits. The award of Catastrophic Leave will be at the sole
discretion of the committee, both as to amounts of benefits
awarded and as to persons awarded benefits. Benefits may
be denied, or awarded for less than six months. The
committee will be entitled to limit benefits in accordance
:with available.- corntrib.utions and to;-choose from _among .
eligible applicants; on an anonymous basis, those who will
receive benefits.
Any unused hours transferred to a recipient will be returned
to the Catastrophic Leave Bank. _
SECTION 16 - LEAVE OF ABSENCE
16.1 Leave Without Pay. Any employee who has
permanent status may be granted a leave of absence without
pay upon written request, approved by the appointing
authority; provided, however, that leaves for pregnancy,
pregnancy disability, serious health conditions, and family
care shall be granted in accordance with applicable state and
federal law.
16.2 General Administration - Leaves of Absence.
Requests for leave without pay shall be made upon forms
prescribed by the Director of Personnel and shall state
specifically the reason for the request, the date when it is
desired to begin the leave, and the probable date of return.
A. Leave without pay may be granted for any of
the following reasons:
1 . Illness or disability;
2. pregnancy;
3. parental;
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4. to take a course of study such as will: (a)
increase the employee's usefulness on
return to the position;
5. for other reasons or circumstances
acceptable to the appointing authority.
B. An employee must request family care leave at
least 30 days before the leave is to begin if the
need for the leave is foreseeable. If the need is
not foreseeable, the employee must provide
written notice to the employer within five (5)
days of learning of the event by which the need
for family care leave arises.
C. 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. The 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.
D. Nevertheless, a leave of absence for the
employee's serious health condition or for
family care shall be granted to an employee who
so requests it for up to 18 weeks in each
calendar year period in accordance with Section
16.5 below.
E. Whenever an employee who has been granted a
leave without pay desires to return before the
expiration of such leave, the employee shall
submit a request to the appointing authority in
writing at least fifteen (15) days in advance of
the proposed return. Early return is subject to
prior approval by the appointing authority. The
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Personnel Department shall be notified
promptly of such return.
F. Except in the case of leave of absence due to
family care, pregnancy, pregnancy disability,
illness, disability, or serious health cond.ition,
.the -decision of.-the -.appointing. authori.ty. :-on
granting or denying leave or early return from
leave shall be subject to appeal to the Personnel
Director and not subject to appeal through the
grievance procedure set forth in this MOU.
16.3 Furlough Days Without Pay. Subject to the prior
written approval of the appointing authority, employees may
elect to take furlough days or hours without pay (pre-
authorized absence without pay), up to a maximum of 15
calendar days for any one period. Longer pre-authorized
absences without pay are considered leaves of absence
without pay. Employees who take furlough time shall have
their compensation for the portion of the month worked
computed in accord with Section 5.8 . (Compensation for
Portion of Month) of this MOU. Full time and part-time
employees who take furlough time shall have their vacation,
sick leave, floating holiday, and any other payroll computed
accruals computed as though they had worked the furlough
time. When computing vacation sick leave, floating holiday,
and other accrual credits for employees taking furlough
time, this provision shall supersede Section 12.1 , 1 3.1 , 13.3,
and 14.2 of this MOU regarding the computation of vacation,
sick leave, floating holiday, and other accrual credits as
regards furlough time only. For payroll purposes, furlough
time (absence without pay with prior authorization of the
appointing authority) shall be reported separately from other
absences without pay to the Auditor-Controller. The existing
VTO program shall be continued for the life of the contract.
16.4 Military Leave. Any'employee in the merit system
who is required to serve as a member of the State Militia or
the United States Army, Navy, Air Force, Marine Corps, Coast
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Guard or any division thereof shall be granted a military
leave for the period of such service, plus ninety (90) days.
An employee who volunteers for such service shall be
granted a Leave of absence if necessary in accordance with
applicable state or federal laws. Upon the termination of
such service or upon honorable discharge, the employee
shall -be entitled to return to .his/her .position .in the. classified
service provided such still exists and the employee is
otherwise qualified, without any loss of standing of any kind
whatsoever.
An employee who has been granted a military leave shall
not, by reason of such absence, suffer any loss of vacation,
holiday, or sick leave privileges which may be accrued at the
time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation
of employment. For purposes of determining eligibility for
salary adjustments or seniority in case of layoff or
promotional examination, time on military leave shall be
considered as time in County service.
Any employee who has been granted a military leave, may
upon return, be required to furnish such evidence of
performance of military service or of honorable discharge as
the Director of Personnel may deem necessary.
16.5 Family Care Leave or Medical Leave. Upon request
to the appointing authority, in each calendar year any
employee who has permanent status shall be entitled to at
least eighteen (18) weeks leave (less if so requested by the
employee) for:
a. medical leave of absence for the employee's own
serious health condition which makes the employee
unable to perform the functions of the employee's
position; or
b. family care leave of absence without pay for reason
of the birth of a child of the employee, the placement
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of a child with an employee in connection with the
adoption or foster care of the child by the employee,
or the serious illness or health condition of a child,
parent, spouse, or domestic partner of the employee.
1.6.6 Certification. The employee may be asked to provide
cert"rfication of the need for family care leave orme-dical*.-.
leave. Additional periods) of family care'or medical leave
may be granted by the appointing authority.
16.7 Intermittent Use of Leave. The 18 week's
entitlement may be in broken periods, intermittently on a
regular or irregular basis, or may include reduced work
schedules depending on the specific circumstances and
situations surrounding the request for leave. The 18 weeks
may include use of appropriate available paid leave accruals
when accruals are used to maintain pay status, but use of
such accruals is not required beyond that specified in Section
16.12 below. When paid leave accruals are used for a
medical or family care leave, such. time shall be counted as
a part of the 18 week entitlement.
16.8 Aggregate Use for Spouses. In the situation where
husband and wife are both employed by the County, the
family care of medical leave entitlement based on the birth,
adoption or foster care of a child is limited to an aggregate
for both employees together of 18 weeks during each
calendar year period. Employees requesting family care
leave are required to advise their appointing authority(ies)
when their spouse is also employed by the County.
16.9 Definitions. For medical and family care leaves of
absence under this section, the following definitions apply:
a. Child: A biological, adopted, or foster child,
stepchild, legal ward, conservatee or a child who is
under 18 years of age for whom an employee stands
in loco parentis or for whom the employee is the
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guardian or conservator, or an adult dependent child
of the employee.
b. Parent: A biological, foster, or adoptive parent, a
step-parent, legal guardian, conservator, or other
person standing in loco parentis to a child.
C. Spouse: A partner in . -marriage as defined in
California Civil Code Section 4100.
d. Domestic Partner: An unmarried person, eighteen
(18) years or older, to whom the employee is not
related and with whom the employee resides and
shares the common necessities of life.
e. Serious Health Condition: An illness, injury,
impairment, or physical or mental condition which
warrants the participation of a family member to
provide care during a period of treatment or
supervision and involves either inpatient care in a
hospital, hospice or residential health care facility or
continuing treatment or continuing supervision by a
health care provider (e.g. physician or surgeon) as
defined by state and federal law.
f. Certification for Family Care Leave: A written
communication to the employer from a health care
provider of a person for whose care the leave is
being taken which need not identify the serious
health condition involved, but shall contain:
1 . the date, if known, on which the serious health
condition commenced;
2. the probable duration of the condition;
3. an estimate of the amount of time which the
employee needs to render care or supervision;
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4. a statement that the serious health condition
warrants the participation of a family member
to provide care during period of treatment or
supervision;
S. if for intermittent leave or a reduced work
schedule leave,,.-the certification should .indicate.
that 'the intermittent leave or reduced Leave
schedule is necessary for the care of the
individual or will assist in their recovery, and its
expected duration.
g. Certification for Family Medical Leave: A written
communication from a health care provider of an
employee with a serious health condition or illness to
the employer, which need not identify the serious
health condition involved, but shall contain:
1 . the date, if known, on which the serious health
condition commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to
perform the functions of the employee's job;
4. if for intermittent leave or a reduced work
schedule leave, the certification should indicate
the medical necessity for the intermittent leave
or reduced leave schedule and its expected
duration.
h. Comparable Positions: A position with the same or
similar duties and pay which can be performed at the
same or similar geographic location as the position.-
held
osition-held prior to the leave. Ordinarily, the job
assignment will be the same duties in the same
program area located in the same city, although
specific clients, caseload, co-workers, supervisor(s),
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or other staffing may have changed during an
employee's leave.
16.10 Pregnancy Disability Leave. Insofar as pregnancy
disability leave is used under Section 14.3.d (Sick Leave Use
for Pregnancy. Disability), that time will not be considered a
-part-.of the 18 week fami-ly .care leave peribod:
16.11 Group Health Plan Coverage. Employees who were
members of one of the group health plans prior to
commencement of their leave of absence can maintain their
health plan coverage with the County contribution by
maintaining their employment in pay status as described in
Section 16.12. During the 18 weeks of an approved medical
or family care leave under Section 16.6 above, the County
will continue its contribution for such health plan coverage
even if accruals are not available for use to maintain pay
status as required under Section 16.12. In order to maintain
such coverage, employees are required to pay timely the full
employee contribution to maintain their group health plan
coverage, either through payroll deduction or by paying the
County directly.
16.12 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve
(12) month period of any leave of absence
without pay, an employee may elect to maintain
pay status each month by using available sick
leave (if so entitled under Section 14.3 - Policies
Governing the Use of Paid Sick Leave), vacation,
floating holiday, compensatory time off or other
accruals or entitlements; in other words, during
the first twelve 0 2) months, a leave of absence
without pay may be "broken" into segments and
accruals used on a monthly basis at the
employee's discretion. After the first twelve (12)
months, the leave period may not be "broken"
into segments and accruals may not be used,
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except when required by LTD Benefit
Coordination or SDI/Sick Leave Integration or
as provided in the sections below.
B. Family Care or Medical Leave. During the 18
weeks of .an approved medical or family care
leave; if a portion of that Leave will be ort_aHeave
of absence without pay, the-'employee will be
required to use at least 0.1 hour of sick leave (if
so entitled under Section 14.3 - Policies
Governing the Use of Paid Sick Leave), vacation
floating .holiday, compensatory time off or other
accruals or entitlements if such are available,
although use of additional accruals is permitted
under subsection A. above.
C. Leave of Absence/Long Term Disability (LTD)
Benefit Coordination. An eligible employee who
files an LTD claim and concurrently takes a
leave of absence without pay will be required to
use accruals as provided in Section B herein
during the 18 weeks entitlement period of, a
medical leave specified above. If an eligible
employee continues beyond the 18 weeks
entitlement period on a concurrent leave of
absence/LTD claim, the employee may choose
to maintain further pay status only as allowed
under subsection A. herein.
D. Sick leave accruals may not be used during any
leave of absence, except as allowed under
Section 14.3 - Policies Governing the Use of Paid
Sick Leave.
16.13 Leave of Absence Replacement and Reinstatement.
Any permanent employee 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 a position in that. classification and
- 69 -
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
(Seniority, Workforce Reduction, Layoff and Reassignment)
shall apply.
16.14 Reinstatement .from Family Care Medical. !Leave. in-
the case of a family care or medical leave, an. employee on a
5/40 schedule shall be reinstated to the same or comparable
position if the return to work is after no more than 90 work
days of leave from the initial date of a continuous leave,
including use of accruals, or within the equivalent on an
alternate work schedule. A full time employee taking an
intermittent or reduced work schedule leave shall be
reinstated to the same or comparable position if the return
to work on a full schedule is after no more than 720 hours,
including use of accruals, of intermittent or reduced
schedule leave. At the time the original leave is approved,
the appointing authority shall notify the employee in writing
of the final date to return to work, or the maximum number
of hours of leave, in order to guarantee reinstatement to the
same or comparable position. An employee on a schedule
other than 5/40 shall have the time frame for reinstatement
to the same or comparable position adjusted on a pro rata
basis.
16.15 Salary Review While on Leave of Absence. The
salary of an employee who is on leave of absence from a
County position on any anniversary date and who has not
been absent from the position on leave without pay more
than six (6) months during the preceding year, shall be
reviewed on the anniversary date. Employees on military
leave shall receive salary increments that may accrue to
them during the period of military leave.
16.16 Unauthorized Absence. An unauthorized absence
from the work site or failure to report for duty after a leave
request has been disapproved, revoked, or canceled by the
appointing authority, or at the expiration of a leave, shall be
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without pay. Such absence may also be grounds for
disciplinary action.
16.17 Non-Exclusivity. Other MOU language on this
subject, not in conflict, shall remain in effect.
SECTION 17 - JURY DUTY AND WITNESS DUTY
Jury Duty. For purposes of this Section, jury duty shall be
defined as any time an employee is obligated to report to the
court.
1 . When called for jury duty, County employees, like
other citizens, are expected to discharge their jury
duty responsibilities.
2. Employees shall advise their department as soon as
possible if scheduled to appear for jury .duty.
3. If summoned for jury duty in a Municipal, Superior,
or Federal Court, or a Coroners jury, employees may
remain in their regular County pay status, or they
may take paid leave (vacation, floating holiday, etc.)
or leave without pay and retain all fees and expenses
paid to them.
4. When an employee is summoned for jury duty
selection or is selected as a juror in a Municipal,
Superior or Federal Court, employees may remain in
a regular pay status if they waive all fees (other than
mileage), regardless of shift assignment and the
following shall apply:
a. If an employee elects to remain in a regular pay
status and waive or surrender all fees (other
than mileage), the employee shall obtain from
the Clerk or jury Commissioner a certificate
indicating the days attended and noting that
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fees other than mileage are waived or
surrendered. The employee shall furnish the
certificate to his department where it will be
retained as a department record. No
"Absence/Overtime Record" is required.
b. An employee who 'elects to- retain all fees must
take leave (vacation, floating holiday, etc.) or
leave without pay. No court certificate is
required but an "Absence/Overtime Record"
must be submitted to the department payroll
clerk.
S. Employees are not permitted to engage in any
employment regardless of shift assignment or
occupation before or after daily jury service that
would affect their ability to properly serve as jurors.
6. An employee on short notice standby to report to
court, whose job duties make short notice response
impossible or impractical, shall be given alternate
work assignments for those days to enable them to
respond to the court on short notice.
7. When an employee is required to serve on jury duty,
the County will adjust that employee's work schedule
to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee
requests otherwise. Participants in 9/80 or 4/10
work schedules will not receive overtime or
compensatory time credit for jury duty on their
scheduled days off.
8. Permanent-intermittent employees are entitled to
paid jury duty leave only for those days on which
they were previously scheduled to work.
Witness Duty. Employees called upon as a witness or an
expert witness in a case arising in the course of their work
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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 -calle-d 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.
SECTION 18 - HEALTH & WELFARE. LIFE & DENTAL CARE
18.1 County Programs. The County will continue the
existing County Group Health Plan program of medical,
dental and life insurance coverage through Delta Dental Plan,
Safeguard Dental Plan, Aetna Life Insurance and the medical
insurance options of Kaiser-Permanente Foundation Health
Plan, and the Contra Costa County Health Plan, to all
permanent employees regularly scheduled to work twenty
(20) or more hours per week. Employees may choose single
medical and family dental if eligible. Effective February 1 ,
1994 the QualMed Health Plan will be added. During the
term of this MOU, all conditions and agreements regarding
health, dental and related benefits contained in the January
13, 1994 Agreement (Attachment B) between the County and
the Labor Coalition shall be in effect.
For the term of this Agreement, the County will not
discontinue or modify any health or dental plan currently
provided. However, if a provider discontinues service to the
County, the County shall immediately, upon knowledge of
this potential, meet and confer regarding a replacement.
18.2 Rate Information. The County Benefits Division will
make health and dental plan rate information available upon
request to employees and departments. In addition, the
County Benefits Division will publish and distribute to
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employees and departments information about rate changes
as they occur during the year.
18.3 Medicare Rates. Corresponding Medicare rates for
employees covered under this MOU shall be as follows: for
Employee Only on Medicare by taking the Employee Only
rate for the option selected and subtracting the monthly Part
B Medicare premium withheld from Social Security payments
for one enrollee; for Employee and Dependent(s) with one
member on Medicare by taking the Employee and
Dependent(s) rate for the option selected and subtracting the
monthly Part B Medicare premium withheld from Social
Security payments for one enrollee; for Employee and
Dependent(s) with two members on Medicare by taking the
Employee and Dependent(s) rate for the option selected and
subtracting the monthly Part B Medicare premium withheld
from Social Security payments for two enrollees.
18.4 Partial Month. The County's contribution to the
Health Plan premium is payable for any month in which the
employee is paid. .If an employee is not paid enough
compensation in a month to pay the employee share of the
premium, the employee must make up the difference by
remitting the amount delinquent to the Auditor-Controller.
The responsibility for this payment rests with the employee.
If payment is not made, the employee shall be dropped from
the health plan. An employee is thus covered by the health
plan for the month in which compensation is paid.
18.5 Coverage During Absences. An employee on
approved leave shall be allowed to continue his/her health
plan coverage at the County group rate for twelve (12)
months provided that the employee shall pay the entire
premium for the Health Plan during said leave.
An employee on leave in excess of twelve (12) months may
continue health plan coverage by converting to an individual
health plan option (if available) or continuing group coverage
subject to the provisions of the Consolidated Omnibus
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Budget Reduction Act (COBRA) provided the employee pays
the entire cost of coverage, plus any administrative fees, for
the option selected. The entire cost of coverage' shall be
paid at a place and time specified by the County. Late
payment may result in cancellation of health plan coverage
with no reinstatement allowed.
An employee who terminates County employment may
convert to individual health plan coverage, if available, or
may continue County group health plan coverage to the
extent provided under COBRA by making premium payments
to the County at a time and place specified by the County.
18.6 Retirement Coverage. Upon retirement, employees
may remain in the same County group medical plan if,
immediately before their retirement, they are either active
subscribers to one of the County Health Plans or, if on
authorized leave of absence without pay, they have retained
individual conversion membership from the County plan.
Upon termination of 1 st Choice Health Plan, subscribers may
enroll in any health plan offered by Contra Costa County
effective February 1 , 1994.
18.7 Dual Coverage. If a husband and wife both work for
the County and one of them is laid off, the remaining eligible
shall be allowed to enroll or transfer into the health coverage
combination of his/her choice.
An eligible employee who is no longer covered for medical or
dental coverage through a spouse's coverage shall be
allowed to enroll or transfer into the health coverage
combination of his/her choice within thirty (30) days of the
date coverage is no longer afforded under the spouse's plan.
SECTION 19 - PROBATIONARY PERIOD
19.1 Duration. All appointments from officially
promulgated employment lists for original entrance or
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promotion shall be subject to a probationary period. This
period shall be from six (6) months to two (2) years duration.
19.2 Classes With Probation Periods Over Six Months.
Listed below are those classes represented by the
Association which have probation periods in excess of six (6)
months:...
Appraiser Aide One (1 ) year
Junior Appraiser One (1 ) year
Auditor-Appraiser I One (1 ) year
19.3 Revised Probationary Period. When the
probationary period for a class is changed, only new
appointees to positions in the classification shall be subject
to the revised probationary period.
19.4 Criteria. The probationary period shall date from the
time of appointment to a permanent position after
certification from an eligible list. It shall not include time
served under provisional appointment or under appointment
to limited term positions or any period of continuous leave
of absence without pay or period of work-connected
disability exceeding fifteen (15) calendar days.
For those employees appointed to permanent-intermittent
positions with a one (1 ) year probation period, probation will
be considered completed upon serving two thousand (2,000)
hours after appointment except that in no instance will this
period be less than one (1 ) year from the beginning of
probation. If a permanent-intermittent probationary
employee is reassigned to full time, credit toward probation
completion in the full time position shall be prorated on the
basis of one hundred seventy-three (173.33) hours per
month.
19.5 Rejection During Probation. An employee who is
rejected during the probation period and restored to the
eligible list shall begin a new probationary period if
subsequently certified and appointed.
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A. Notwithstanding any other provisions of this
section, an employee (probationer) shall have
the right to appeal from any rejection during
the probationary period based on political or
religious affiliations or opinions, Association
activities, or race, color, national origin, sex,
age, disability or sexual.orientation.
B. The appeal must be written, must be signed by
the employee and set forth the grounds and
facts by which it is claimed that grounds for
appeal exist under Subsection A and must be
filed through the Director of Personnel to the
Merit Board by 5:00 p.m. on the seventh
calendar day after the date of delivery to the
employee of notice of rejection.
C. The Merit Board shall consider the appeal, and
if it finds probable cause to believe that the
rejection may have been based on grounds pro-
hibited 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.
19.6 Regular Appointment. The regular appointment of
a probationary employee shall begin on the day following the
end of the probationary period, subject to the condition that
the Director of Personnel receive from the appointing
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authority a statement in writing that the services of the
employee during the probationary period were satisfactory
and that the employee is recon' mended for permanent
appointment. A probationary employee may be rejected at
any time during the probation period without regard to the
Skelly provisions of this MOU, without notice and without
right. of,appeal Or: hearing.. If the appointing -authority has
not returned the probation report, a probationary employee
may be rejected from the service within a reasonable time
after the probation period for failure to pass probation. If
the appointing authority fails to submit in a timely manner
the proper written documents certifying that a probationary
employee has served in a satisfactory manner and later
acknowledges it was his or her intention to do so, the
regular appointment shall begin on the day following the
end of the probationary period.
Notwithstanding any other provisions of the MOU, an
employee rejected during the probation period from a
position in the Merit System to which the employee had been
promoted or transferred from an eligible list, shall be
restored to a position in the department from which the
employee was promoted or transferred.
An employee dismissed for other than disciplinary reasons
within six (6) months after being promoted or transferred
from a position in the Merit System to a position not
included in the Merit System shall be restored to a position
in the classification in the department from which the
employee was promoted or transferred.
A probationary employee who has been rejected or has
resigned during probation shall not be restored to the
eligible list from which the employee was certified unless the
employee receives the affirmative recommendation from the
appointing authority and is certified by the Personnel
Director, whose decision is final. The Director of Personnel
shall not certify the name of a person restored to the eligible
list to the same appointing authority by whom the person
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was rejected from the same eligible list, unless such
certification is requested in writing by the appointing
authority.
19.7 Layoff During Probation. An employee who is laid
off during probation, if reemployed in the same class by the
same department, a.hall -be -required-to complete'-only- the .
balance of the required probation.
If reemployed in another department or in another
classification, the employee shall serve a full probationary
period. An employee appointed to a permanent position
from a layoff or reemployment list is subject to a probation
period if the position is in a department other than the
department from which the employee separated, displaced
or voluntarily demoted in lieu of layoff. An appointment
from a layoff or reemployment list is not subject to a
probation period if the position is in the department from
which the employee separated, displaced or voluntarily
demoted in lieu of layoff.
19.8 Rejection During Probation of Layoff Employee. An
employee who has achieved permanent status in the class
before layoff and who subsequently is appointed from the
layoff list and then rejected during the probation period shall
be automatically restored to the layoff list, unless discharged
for cause, if the person is within the period of layoff
eligibility. The employee shall begin a new probation period
if subsequently certified and appointed in a different
department or classification than that from which the
employee was laid off.
SECTION 20 - PROMOTION
20.1 Competitive Exam. Promotion shall be by
competitive examination unless otherwise provided in this
MOU.
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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 Open Exam. If an examination for one of the classes
represented by the Association is proposed to be announced
on. ari 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.
20.4 Promotion Via Reclassification Without
Examination. Notwithstanding other provisions of this
Section, an employee may be promoted from one
classification to a higher classification and his position
reclassified at the request of the appointing authority and
under the following conditions:
a. An evaluation of the position(s) in question must
show that the duties and responsibilities have
significantly increased and constitute a higher level
of work.
b. The incumbent of the position must have performed
at the higher level for one (1 ) year.
C. The incumbent must meet the minimum education
and experience requirements for the higher class.
d. The action must have approval of the Personnel
Director.
e. The Association approves such action.
The appropriate rules regarding probationary status and
salary on promotion are applicable.
20.5 Requirements for Promotional Standing. In order to
qualify for an examination called on a promotional basis, an
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employee must have probationary or permanent status in
the merit system and must possess the minimum
qualifications for the class. Applicants will be admitted to
promotional examinations only if the requirements are met
on or before the final filing date. If an employee who is
qualified on a promotional employment list is separated
`from the- merit -system, -except . by layoff, the employee's
name shall be removed from the promotional list.
20.6 Seniority Credits. Employees who have qualified to
take promotional examinations and who have earned a total
score, not including seniority credits, of seventy percent
(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.
20.7 Physical Examination. County employees who are
required as part of the promotional examination process to
take a physical examination shall do so on County time at
County expense.
SECTION 21 - TRANSFER
21 .1 Conditions. The following conditions are required in
order to qualify for transfer:
a. The position shall be in the same class, or if in a
different class, shall have been determined by the
Director of Personnel.to be appropriate for transfer
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on the basis of minimum qualifications and
qualifying procedure;
b. the employee shall have permanent status in the
merit system and shall be in good standing;
c. the=appointing authority _or authorities: involved in , .
the transaction shall have indicated their agreement
in writing;
d. the employee concerned shall have indicated
agreement to the change in writing;
e. the Director of Personnel shall have approved the
change.
Notwithstanding the foregoing, transfer may also be
accomplished through the regular appointment procedure .
provided that the individual desiring transfer has eligibility
on a list for a class for which appointment is being
considered.
21 .2 Procedure. Any employee or appointing authority
who desires to initiate a transfer may inform the Director of
Personnel in writing of such desire stating the reasons
therefore. The Director of Personnel shall, if he or she
considers that the reasons are adequate and that the
transfer will be for the good of the County service and the
parties involved, inform the appointing authority or
authorities concerned and the employee of the proposal and
may take the initiative in accomplishing the transfer.
The County will provide the Association with a list of
administrative /personnel officers of each County
department. It is the responsibility of employees to contact
County departments and inform them of their desire to
transfer. Employees who transfer from one department to
another shall serve a three month probationary period.
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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 term-ination.- 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 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 working days have elapsed
without response by the employee after the mailing
of a notice of resignation by the appointing authority
to the employee at the employee's last known
address.
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.
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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
acknowledges that the resignation could have
been believed to be coerced, this question
should be handled as an appeal to the Merit
Board. In the alternative, the employee may file
a written election with the Director of Personnel
waiving the employee's right of appeal to the
Merit Board in favor of the employee's appeal
rights under the grievance procedure contained
in Section 23 of this MOU, beginning with Step
C.
D. Disposition. If a final decision is rendered that
determines that the resignation was coerced,
the resignation shall be deemed revoked and
the employee returned to duty effective on the
day following the decision but without loss of
seniority or pay, subject to the employee's duty
to mitigate damages.
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SECTION 23 - DISMISSAL, SUSPENSION, DEMOTION &
REDUCTION IN SALARY
23,1 Cause for Disciplinary Action. The appointing
authority may dismiss, suspend, demote or reduce in salary,
any employee for cause. Reduction in salary shall neither
exceed five percent (5%) of the employee's bate -salary -nor
extend for a period of more than three (3) months. The
following are sufficient causes for such action (the list is
indicative rather than inclusive of restrictions and dismissal,
suspension, demotion, or reduction in salary may be based
on reasons other than those specifically mentioned):
a. absence without leave,
b. conviction of any criminal act involving moral
turpitude,
C. conduct tending to bring the merit system into
disrepute,
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
g. being at work under the influence of liquor or drugs,
carrying onto the premises liquor or drugs or
consuming or using liquor or drugs during work
hours and/or on County premises,
h. neglect of duty, i.e. non-performance of properly
assigned responsibilities,
i. negligent or willful damage to public property or
waste of public supplies or equipment,
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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. materia) 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 MOU,
o. dishonesty or theft,
p. excessive or unexcused absenteeism and/or
tardiness.
q. sexual harassment, including but not limited to
unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a
sexual nature, when such conduct has the purpose or
effect of affecting employment decisions concerning
an individual, or unreasonably interfering with an
individual's work performance, or creating an
intimidating and hostile work environment.
23.2 Skelly Requirements. Before taking a disciplinary
action to dismiss, suspend for more than five (5) work days
(four (4) work days for employees on "4-10" work week), or
demote an employee, the appointing authority shall cause to
be served personally or by certified mail, on the employee,
a Notice of Proposed Action, which shall contain the
following:
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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.
23.5 Length of Suspension. Suspensions without pay
shall not exceed thirty (30) days unless ordered by an
arbitrator, an adjustment board or the Merit Board.
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23.6 Procedure on Dismissal, Suspension, Reduction in
Pay, or Demotion.
A. In any disciplinary action to dismiss, suspend,
reduce the pay of or demote an employee having
permanent status in a position in the merit
system, after:.having .complied with - the Skelly
requirements where applicable, the appointing
authority shall make an order in writing stating
specifically the causes for the action.
B. Said order of dismissal, suspension or demotion
shall be filed with the Director of Personnel,
showing by whom and the date a copy was
served upon the employee to be dismissed,
suspended, reduced in pay or demoted, either
personally or by certified mail, to the employee's
last known mailing address. The order shall be
effective either upon personal service or deposit
in the U. S. Postal Service.
C. The employee may appeal an order of dismissal,
suspension, reduction in pay or demotion either
to the Merit Board or through the procedures of
Section 23 - Grievance Procedure of this MOU
provided that such appeal is filed in writing with
the Personnel Director within ten (10) calendar
days after service of said order. An employee
may not both appeal to the Merit Board and file
a grievance under Section 23 of this MOU.
SECTION 24 - GRIEVANCE PROCEDURE
24.1 Definition and Procedural Steps. A grievance is any
dispute which involves the interpretation or application of
any provision of this MOU excluding, however, those
provisions of this MOU which specifically provide that the
decision of any County official shall be final, the
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interpretation or application of those provisions not being
subject to the grievance procedure. The Association may
represent the grievant at any stage of the process.
Grievances must be filed within thirty (30) days of the
incident or occurrence about which the claims to have a
grievance and shall be processed in the following manner:
Step 1 . Any employee or group of employees who believes
that a provision of this MOU has been misinterpreted or
misapplied to his or her detriment shall discuss the
complaint with the grievant's immediate supervisor, who
shall meet with the grievant within five (5) days of receipt of
a written request to hold such meeting.
Step 2. If a grievance is not satisfactorily resolved in Step 1
above, the grievant may submit the grievance in writing
within ten (10) work days to such management official as the
Department Head may designate. This formal written
grievance shall state which provision of the MOU has been
misinterpreted or misapplied, . how misapplication or
misinterpretation has affected the grievant to the grievant's
detriment, and the redress the grievant seeks. A copy of
each written communication on a grievance shall be filed
with the Director of Personnel. The Department Head or his
or her designee shall have ten (10) work days in which to
respond to the grievance in writing.
Step 3. If a grievance is not satisfactorily resolved in Step 2
above, the grievant may appeal in writing within ten (10)
work days to the Personnel Director. The Personnel Director
or his or her designee shall have twenty (20) work days in
which to investigate the merit of the complaint and to meet
with the Department Head and the grievant and attempt to
settle the grievance and respond in writing.
Step 4. No grievance may be processed under this Section
which has not first been filed and investigated in accordance
with Step 3 above and filed within ten (10) work days of the
written response of the Personnel Director or his/her
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designee. If the parties are unable to reach a mutually
satisfactory accord on any grievance which arises and is
presented during the term of this MOU, such grievance shall
be submitted in writing to an Adjustment Board comprised
of three (3) Association representatives, no more than two
(2). of whom shall be either an employee of the County or an
elected .or appointed' official of.the. Association presenting
this grievance, and three (3) representatives of the County,
no more than two (2) of whom shall be either an employee
of the County or a member of the staff of an organization
employed to represent the County in the meeting and
conferring process. Where the parties agree, the Adjustment
Board may be comprised of two (2) Association
representatives and two (2) County representatives. The
Adjustment Board shall meet within twenty (20) work days of
receipt of the written request and render a decision. If the
County fails to meet the time limits specified in Step 4 and
the grievant demands in writing that an Adjustment Board be
convened, the County will convene an Adjustment Board
within ten (10) work days or the grievance will move to
arbitration upon demand.
Step 5. If an Adjustment Board is unable to arrive at a
majority decision, either the grievant or the County may
require that the grievance be referred to an impartial
arbitrator who shall be designated by mutual agreement
between the grievant and the Personnel Director. Such
request shall be submitted within twenty (20) work days of
the rendering of the Adjustment Board decision. Within
twenty (20) days of the request for arbitration the parties
shall mutually select an arbitrator who shall render a
decision within thirty (30) work days from the date of final
submission of the grievance including receipt of the court
reporter's transcript and post-hearing briefs, if any. The fees
and expenses of the arbitrator and of the Court Reporter
shall be shared equally by the grievant and the County. Each
party, however, shall bear the costs of its own presentation,
including preparation and post hearing briefs, if any.
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24.2 Scope of Adjustment Board and Arbitration
Decisions.
A. Decisions of Adjustment Boards and arbitrators
on matters properly before them shall be final
and binding on the parties hereto, to the extent
. ..permitted-by Law.
B. No Adjustment Board and no arbitrator shall
entertain, hear, decide or make
recommendations on any dispute unless such
dispute involves a position in a unit represented
by the Association which has been certified as
the recognized employee organization for such
unit and unless such dispute falls within the
definition of a grievance as set forth in
Subsection 24.1 above.
C. Proposals to add to or change this MOU or to
change written agreements supplementary
hereto shall not be arbitrable and no proposal to
Modify, amend or terminate this MOU, nor any
matter or subject arising out of or in connection
with such proposals, may be referred to
arbitration under this Section. Neither any
Adjustment Board nor any arbitrator shall have
the power to amend or modify this MOU or writ-
ten agreements supplementary hereto or to
establish any new terms or conditions of
employment.
D. If the Personnel Director, in pursuance of the
procedures outlined in Step 3 above, or the
Adjustment Board in pursuance of the provisions
of Step 4 above, resolve a grievance which
involves suspension or discharge, they may
agree to payment for lost time or to
reinstatement with or without payment for lost
time.
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E. No change in this MOU or interpretations thereof
(except interpretations resulting from
Adjustment Boards or arbitration proceedings
hereunder) will be recognized unless agreed to
by the County and the Association.
-24.3 . Time Limits. The time limits specified. above.may be
waived by mutual agreement of the parties to the grievance.
If the County fails to meet the time limits specified in Steps
1 through 3 above, the grievance will automatically move to
the next step. If a grievant fails to meet the time limits
specified in Steps.. 1 through 5 above, the grievance will be
deemed to have been settled and withdrawn.
24.4 Association Notification. An official with whom a
formal grievance is filed by a grievant who is included in a
unit represented by the Association, shall give the
Association a copy of the grievance.
24.5 Compensation Complaints.. All complaints involving
or concerning the payment of compensation shall be initially
filed in writing with the Personnel Director. Only complaints
which allege that employees are not being compensated in
accordance with the provisions of this MOU 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 MOU 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 two (2) years from the date upon
which the complaint was filed.
No change in this MOU or interpretations thereof (except
interpretations resulting from Adjustment Board or
arbitration proceedings hereunder) will be recognized unless
agreed to by the County and the Association.
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24.6 Strike/Work Stoppage. During the term of this MOU,
the Association, its members and representatives, agree that
it and they will not engage in, authorize, sanction or support
any strike, slowdown, stoppage of work, sickout or refusal to
perform customary duties.
In "the 'case. of:alegally-declared Jawful 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.
24.7 Merit Board.
A. All grievances of employees in representation
units represented by the, Association shall be
processed under Section 23 unless the employee
elects to apply to the Merit Board on matters
within its jurisdiction.
B. No action under Paragraph C, D and E of
Subsection 23.1 above shall be taken if action on
the complaint or grievance has been taken by
the Merit Board, or if the complaint or grievance
is pending before the Merit Board.
24.8 Filing by Association. The Association may file a
grievance at Step 3 on behalf of affected employees when
action by the County Administrator or the Board of
Supervisors violates a provision of this MOU.
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SECTION 25 - RETIREMENT CONTRIBUTION
Pursuant to Government Code Section 31 581 .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 MOU, and
shall terminate thereafter. Employees shall be- respons.ib e
for payment of the employees' contribution for the
retirement cost-of-living program, as determined by the
Board of Retirement of the Contra Costa County Employees'
Retirement Association, without the County paying any part
of the employee's share. The County will pay the remaining
one-half (1 /2) of the retirement cost-of-living program
contribution.
SECTION 26 - TRAINING REIMBURSEMENT
The County Administrative Bulletin on Training shall govern
reimbursement for training and. shall continue to limit
reimbursement for career development training to $200 per
semester or $150 per quarter, not to exceed $600 per year.
SECTION 27 - MILEAGE
The mileage allowance for use of personal vehicles on
County business shall be two cents ($.02) per mile above the
Internal Revenue Service base rate. The base rate shall be
adjusted to reflect changes in this rate on the date it
becomes effective or the first of the month following
announcement of the changed rate by the Internal Revenue
Service, whichever is later.
SECTION 28 - PERSONNEL FILES
An employee shall have the right to inspect and review any
official record(s) relating to his or her performance as an
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employee, or to a grievance concerning the employee which
is kept or maintained by the County in the employee's
personnel history folder on file in the Personnel Department.
The contents of such records shall be made available to the
employee for inspection and review at reasonable intervals
during the regular business hours of the County.
The County shall provide an opportunity for the employee to
respond in writing to any information which is in the
employee's personnel file about which he or she disagrees.
Such response shall become a permanent part of the
employee's personnel record. The employee shall be
responsible for providing the written responses to be
included as part of the employee's permanent personnel
record.
This section does not apply to the records of an employee
relating to the investigation of a possible criminal offense,
medical records and information or letter of reference.
Employees have the right to review their official personnel
files, which are maintained in the Personnel Department or
by their department. In a case involving a grievance or
disciplinary action, the employee's designated representative
may also review his/her personnel file with specific written
authorization from the employee.
SECTION 29 - REIMBURSEMENT FOR MEAL EXPENSES
Employees shall be reimbursed for meal expenses under the
following circumstances and in the amount specified:
a. When the employee is required by his/her
Department Head to attend a meeting concerning
County business or County affairs;
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b. When the employee is required to be out of his/her
regular or normal work area during a meal hour
because of a particular work assignment;
c. When the employee is required to stay over to attend
consecutive or continuing afternoon and night
ses.sions.of.-a .board -or commission.
d. When the employee is required to incur expenses as
host for official guests of the County, work as a
member of an examining board, official visitors, and
speakers or honored guests at banquets or other
official functions;
e. When the employee is required to work three or more
hours of overtime; in this case he or she may be
reimbursed in accordance with the Administrative
Bulletin on Expense Reimbursement.
Meal costs will be reimbursed only when eaten away from
home or away from the facility in the case of employees at
24-hour institutions.
Procedures and definitions relative to reimbursement for
meal expenses shall be in accordance with the
Administrative Bulletin on Expense Reimbursement.
SECTION 30 - FLEX-TIME
It is understood that Resolution No. 75/1037 pertaining to
flex-time may be applied to the Property Appraisers' Unit as
well as other County employees. Nothing contained in this
MOU prohibits the Department Head from implementing a
flex-time system for employees in the Property Appraisers'
unit. The Department Head, prior to implementation, shall
discuss the implementation of any flex-time system involving
employees represented by the Appraisers' Association with
the Association. Then the department shall determine if the
said flex-time is feasible following a trial period and then
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shall submit the plan to the County Administrator for
approval. Upon written request to the Employee Relations
Officer, the Appraisers' Association may request to meet with
the Department Head for the purpose of proposing an alter-
nate flexible work schedule.
SECTION 31 PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for
personnel to fill a position in a class for which no
reemployment or employment list is available, or in a class
for which no eligible or insufficient eligibles to complete the
certification will accept appointment to the position, the
Director of Personnel may authorize the appointing authority
to appoint any person who possesses the minimum
qualifications for the class as set forth in the class
specifications, provided that the names of eligibles available
and the names of persons who have indicated the intention
to take the next examination for the class shall be referred
to the appointing authority at the time authorization is
issued.
In no case shall a permanent position be filled by a
provisional appointment for a period exceeding six (6)
calendar months, except under the, following conditions:
a. If an examination has been announced for the class
and recruitment of applicants is in process, the
Director of Personnel may authorize a continuation of
provisional appointments until an eligible list is
established; and
b. In the case of a provisional appointment to a
permanent position vacated by a leave of absence,
such provisional appointment may be continued for
the duration of said leave.
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A provisional appointment shall be terminated within thirty
(30) days after the date of certification of eligibles from an
appropriate eligible list.
. All decisions of the Director of Personnel relative to
provisional appointments are final and not subject to the
grievance procedure. -
SECTION 32 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor
practice as defined in Chapter 34-22 of the Board Resolution
81 /1 165 against the other. Allegations of an unfair labor
practice, if not resolved in discussions between the parties,
may be heard by a mutually agreed upon impartial third
party.
SECTION 33 - LENGTH OF SERVICE DEFINITION (for service
awards and vacation accruals)
The length of service credits of each employee of the County
shall date from the beginning of the last period of
continuous County employment (including temporary,
provisional and permanent status, and absences on
approved leave of absence). When an employee separates
from a permanent position in good standing and within two
years is reemployed in a permanent County position, or is
reemployed in a permanent County position from a layoff list
within the period of layoff eligibility, service credits shall
include all credits accumulated at time of separation, but
shall not include the period of separation. The Personnel
Director shall determine these matters based on the
employee status records in his department.
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SECTION 34 - PERM. PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation
and sick leave benefits. They are eligible for health, dental
and life insurance benefits at corresponding premium rates
providing they work at least 50% of full time. If the .
employee works-at.�least *5.0% of full time; Cau.ri•ty retirement
participation is also included.
SECTION 35 - PERSONAL PROPERTY REIMBURSEMENT
The loss or damage to personal property of employees is
subject to reimbursement under the following conditions:
a. The loss or damage must result from an event which
is not normally encountered or anticipated on the job
and which is not subject to the control of the
employee.
b. Ordinary wear and tear of personal property used on
the job is not compensated.
C. Employee tools or equipment provided without the
express approval of the Department Head and
automobiles are excluded from reimbursement.
d. The loss or damage must have occurred in the line of
duty.
e. The loss or damage was not a result of negligence or
lack of proper care by the employee.
f. The personal property was necessarily worn or
carried by the employee in order to adequately fulfill
the duties and requirements of the job.
g. The loss or damage to employee's eyeglasses,
dentures or other prosthetic devices did not occur
- 99 -
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-valu.e of-the itern.at the time of-los.s.or..:damage
but not more than the original cost.
i. The burden of proof of loss rests with the employee.
j. Claims for reimbursement must be processed in
accordance with the Administrative Bulletin on
Compensation for Loss or Damage to Personal
Property.
SECTION 36 - P-I EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated
vacation and sick leave benefits.
SECTION 37 - P-1 EMPLOYEES HEALTH PLAN
A permanent-intermittent employee represented by Contra
Costa County Appraisers' Association may participate in the
County Group Health Plan of medical, dental and life
insurance coverage wholly at the employee's expense. The
County will not contribute to the employee's monthly
premium. The employee will be responsible for paying the
monthly premium appropriately and punctually. Failure to
meet the premium deadline will mean automatic and
immediate withdrawal from the County Group Health Plan
and reinstatement may only be effectuated during the
annual open enrollment period.
- ioo -
SECTION 38 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees who are not permanent employees of
the County immediately prior to their provisional
appointment are eligible for vacation and sick leave benefits.
Provisional employees may participate in the County=Group
Health Plan of medical, dental and life insurance coverage
wholly at the employee's expense. The County will not
contribute to the employee's monthly premium. The
employee will be responsible for paying the monthly
premium appropriately and punctually. Failure to meet the
premium deadline will mean automatic and immediate
withdrawal from the County Group Health Plan and
reinstatement may only be effectuated during the annual
open enrollment period.
SECTION 39 - EDUCATIONAL INCENTIVE
Effective March 1 , 1994 classes represented by the
Association will be entitled to a salary differential of one and
one-half percent (1 .5%) of base pay or a minimum of $50.00
per month, whichever is greater, for possession of a cer-
tification for educational achievement from at least one of
the following:
1 . American Institute of Real Estate Appraisers-
Residential Member (RM) designation;
Z. State Board of Equalization-Advanced Appraiser
certification;
3. International Association of Assessing Officers -
Residential Evaluation Specialist (RES);
4. Society of Auditor Appraisers - Master Auditor-
Appraiser (MAA) designation;
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5. Society of Real Estate Appraisers - Senior Residential
Appraiser (SRA) designation;
6. Any other certification approved by the County
Assessor and the Director of Personnel.
SECTION 40 - SPECIAL STUDIES, ETC.
A. Retirement Study. During the life of this MOU, the
County agrees to participate in a joint labor-
management committee whose specific objective will
be to identify and evaluate any feasible methods of
lessening or eliminating the difference in benefit
levels between the Tier I and Tier II Retirement plans.
This committee will make use of the resources and
advice of the County Retirement Office and its staff
and will report its findings and recommendations to
the County Administrator. The Association is entitled
to have a representative on this committee.
B. Ineligible Deferred Compensation :Study. The County
will conduct a feasibility study during the term of this
MOU to ascertain the advantages and/or
disadvantages to County employees of providing an
ineligible deferred compensation as described in
Section 457(f) of the Internal Revenue Code of 1986.
C. Evaluations. In response to proposals by several
employee organizations, the County agrees to meet
with labor representatives to discuss a County-wide
performance system/process, but not a County-wide
performance evaluation form.
D. Double Medical Coverage. The County will survey all
permanent employees prior to .July 1 , 1995 to ascertain the
extent to which employees who have or are eligible for
double medical coverage would, in lieu of double medical
coverage, have the County make an in lieu contribution to
- 102 -
another benefit. The data gathered shall be shared with the
Medical Oversight Committee.
E. Attendance Program. There shall be convened a
Labor-Management Committee to develop an attendance
program for County employees.
F. Deferred Retirement. The County shall establish a
Labor-Management Committee comprised of three
representatives selected by the Labor Coalition and three
representatives selected by the County Administrator to
study a Deferred Retirement Policy. By July 1 , 1995, the
Committee shall recommend such program upon which it
has reached mutual agreement for adoption by the parties.
SECTION 41 - ADOPTION
The provisions of this MOU 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 42 - SCOPE AGREEMENT AND SEPARABILITY OF
PROVISION
42.1 Scope of Agreement. Except as otherwise
specifically provided herein, this MOU 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 MOU demand any
change herein, provided that nothing herein shall prohibit
- 103 -
the parties from changing the terms of this MOU by mutual
agreement.
42.2 Separability of Provisions. Should any section,
clause or provision of this MOU be declared illegal, unlawful,
or unenforceable, by final judgment of a court of competent
--jurisdicti-on, 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 MOU.
42.3 Personnel Management Regulations. Where a
specific provision contained in a section of this MOU conflicts
with a specific provision contained in a section of the
Personnel Management Regulations, the provision of this
MOU shall prevail. Those provisions of the Personnel
Management Regulations within the scope of representation
which are not in conflict with the provisions of this MOU and
those provisions of the Personnel Management Regulations
which are not within the scope of representation shall be
considered in full force and effect.
42.4 Duration of Agreement. This Agreement shall
continue in full force and effect from October 1 , 1993 to and
including September 30, 1995. Said Agreement shall
automatically renew from year to year thereafter unless
either party gives written notice to the other prior to sixty
(60) days from the aforesaid termination date of its intention
to amend, modify or terminate the Agreement.
SECTION 43 - PAST PRACTICES & EXISTING MEMORANDA
OF UNDERSTANDING
Continuance of working conditions and past practices not
specifically authorized by ordinance or by resolution of the
Board of Supervisors is not guaranteed by this MOU;
provided, however, that beginning with the effective date of
this MOU, the Association may claim a violation of a past
- 104 -
practice. If the Association can demonstrate that such past
practice exists by virtue of having been acknowledged and
agreed to by Management and representatives of the
Association, or by employees represented by the Association
who reach agreement with a Department Head on a specific
policy covering a group of employees such as a
reassignment policy, the alleged violation of said past
practice will be subject to the grievance procedure. Those
practices which have been agreed to by Management and not
approved by the Department Head must be confirmed and
approved by the Department Head within six (6) months
from the below execution date of this MOU in order to be
considered a past practice pursuant to this provision:
DATE:
CONTRA COSTA COUNTY APPRAISERS'ASSOCIATION
- 105 -
SUBJECT INDEX
Adjustment Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
AgencyShop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Anniversary Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Arbitration : . . . . : . . . . . . . . . . 90 .
Assignment of Classes to Units. . . . . . . . . . . . . . .- .
Association Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Association Representatives 14
Attendance at Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Cali-Back Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Catastrophic Leave Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Certification Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Compensation Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Compensation for Portion of Month . . . . . . . . . . . . . . . . . . . 13
Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Damage to Personal Property . . . . . . . . . . . . . . . . . . . . . . . . 99
Days & Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Demotion . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . 85
Dental Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Differentials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Dismissal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Disciplinary Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Dues Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Duration of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Education Incentive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Fair Labor Standards Act (FLSA) Provisions . . . . . . . . . . . . . . 31
Family Care Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Flex-Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Furlough Days Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Health & Welfare, Life & Dental Care . . . . . . . . . . . . . . . . . . . 73
Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
-
106 -
Immediate Family (Leave of Absence) . . . . . . . . . . . . . . . . . . 66
Immediate Family (Sick Leave) . . . . . . . . . . . . . . . . . . . . . . . . 48
JuryDuty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Layoffs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Layoff. During Probation . . .. . . .... . . .. . - . 79
Leave of Absence . . . . . . . . . . . . : . . . . - 61
Length of Service Definition . . . . . . . . . . . . . . . . . . . . . . . . . 98
Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Maintenance of Membership . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Meal Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Medical Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Medical Coverages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Merit Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
No Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Open Exam . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . 80
On-Call Duty . . . . . . . .I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part-Time Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Pay Equity Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Pay for Work in Higher Classification . . . . . . . . . . . . . . . . . . 24
Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Pay Warrant Errors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Permanent Part-Time Benefits . . . . . . . . . . . . . . . . . . . . . . . . 99
Permanent-Intermittent Benefits . . . . . . . . . . . . . . . . . . . . . 100
Personal Property Reimbursement . . . . . . . . . . . . . . . . . . . . . 99
Personnel Files . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Positions Reclassification . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Pregnancy Disability Leave . . . . . . . . . . . . . . . . . . . . . . . . . 68
Probationary Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Promotion Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Provisional Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Provisional Employee Benefits . . . . . . . . . . . . . . . . . . . . . . . 101
Physical Examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
- 107 -
Reassignment of Laid Off Employees . . . . . . . . . . . . . . . . . . 40
Reduction in Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Rehabilitation Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Regular Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Rejection During Probation . . . . . . . . . . . . . . . . . . . . . . . . . . 76
.Resignations . . . . . . . . . . . . . . . . . 83
Retirement Coritribuxibn : : . . . . . . : : 94'
Salaries . . . . . . . . . . . . . . . . . . . . . . . . . .
14
Scope of Adjustment Board & Arbitration Decisions . . . . . . . 91
Scope of Agreement & Separability of Provisions . . . . . . . . 103
Seniority Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Shop Stewards & Official Representatives . . . . . . . . . . . . . . . 13
Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Skelly Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Special Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Strike/Work Stoppage . 93
Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Training Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Transfer . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . 81
Unauthorized Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Unfair Labor Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Use of County Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Withdrawal of Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Witness Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Workers' Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Workforce Reduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
-
108 -
ATTACHMENT A
CONTRA COSTA COUNTY APPRAISERS' ASSOCIATION
SALARIES
7-1-94
CLASSIFICATION LEVEL SALARY RANGE
APPRAISER AIDE C5-1483 2001 - 2433
APPRAISER ANALYST C5-2055 3545 - 4309
ASSISTANT APPRAISER C5-1848 2882 - 3504
ASSOCIATE APPRAISER C5-2070 3598 - 4374
AUDITOR-APPRAISER I C5-1670 2413 - 2933
AUDITOR-APPRAISER 11 C5-1887 2997 - 3643
JUNIOR APPRAISER C5-1628 2313 - 2812
SENIOR APPRAISER ANALYST C5-2099 3704 - 4503
SENIOR AUDITOR-APPRAISER C5-2070 3598 - 4374
Effective 7-13-94, the classes of Appraiser Analyst and Senior Appraiser Analyst
will be cancelled.
ATTACHMENT B
Tentative Agreement
Wages & Health Plan Adjustments
The County and the members of the Labor Coalition agree to jointly recommend that the Board of
Supervisors consider and adopt the following settlement on wages and health plan adjustments for
the period October 1, 1993, to September 30, 1995.
1. Wages
Effective July 1, 1994, increase salary by 10 levels (1.0045%).
Effective January 1, 1995, increase salary by 10 levels (1.0045%). Any net savings
achieved by the County from the replacement of the 1st Choice Health Plan by the
QualMed Health Plan for those eligible to a salary increase as provided herein and which is
above the cost of the 20 level salary increase shall be added to the 1%salary increase
effective January 1, 1995.The California Nurses Association, IAFF Local 1230, and the
Union of American Physicians and Dentists are exluded from these wage increases and
subvention calculations. The savings shall be computed on a per cap basis as follows:
a. The County's "original cost" shall be computed by adding together the gross subvention
for each represented employee in 1st Choice for the month of 10-01-93, the sum then
increased by 14%.
b. The County's "current cost" shall be computed by adding together the gross subven-
tions of each represented employee who transferred from 1st Choice to QualMed, for
the month 10-01-94.
c. The amount of money to be provided as additional monthly salary increases shall be the
"original cost" minus the "current cost" minus the monthly cost of the 20 level wage
increases.
2. Coverages Offered
Effective February 1, 1994, the County will offer medical plans including Contra Costa
Health Plan(CCHP), Kaiser, QualMed, Delta Dental, and Safeguard Dental.
3. Health Plan Subvention
Effective 2/1/94:
CCHP = County share 98%
QualMed/Kaiser HMO's = County Share 79%
Quall\4ed PPO = County share 77%to October 31, 1994.
Delta Dental = Increase annual maximum benefit per member from $1,000 to $1,200.
4. Kaiser Copays
Effective February 1, 1994:
Kaiser Office Visit= $3.00; Kaiser Drugs $3.00:
5. Future QualMed PPO Increases
Effective November 1, 1994, the County and Coalition members will equally share (50/50)
the amount of any premium increases.
6. Health Plan Review Committee
The County proposal for a labor/management health plan review committee is accepted.
The Committee shall be comprised of five reps of the Coalition and up to five reps of
management and shall review changes in rates and benefits and if the committee decides it
is advisable to meet with a health plan provider, such contact shall be initiated by the
chairperson.
7. Wellness
The County proposal on Wellness presented 1/6/94 is accepted and is effective February 1,
1994:
8. Indemnification
The County will indemnify all unions in the Coalition in actions brought regarding
termination of the 1st Choice Health Plan.
9. Runout
The County agrees to assume all runout costs associated with termination of the 1st Choice
Health Plan.
10. Open Enrollment
Open Enrollment on a one-time basis shall be January, 1994, through February, 1994, and
shall subsequently be in November of each year.
Dated: January 13, 1994
For the County- For the Coalitio
� Wit, �-
ATTACHMENT C
LETTER OF UNDERSTANDING — CCCAA 9/80 PLAN
This Letter of 'Und-erstand'i n.g,' dated -Mar .6 4-, 19942; --between the-Contra Costa
County Appraisers Association and the Appointing Authority of the Assessor's
Office, outlines the agreement reached between the Association and the Appointing
Authority and shall be binding on the Assessor's Office and all employees in
classifications represented by the Association.
DEFINITIONS:
A) Normal Shift: An eight-hour work day from 8:00 a.m. to 5:0 p.m.
with lunch from 12:00 to 1:00 p.m.
B) Normal Schedule: A seven-day period in which the employee works five
eight-hour days for a total of forty hours.
C) 9/80 Schedule: A fourteen-day period in. which an employee works eight
nine-hour days and one eight-hour .day for a total of
eighty hours.
D) Contract Period: The period covered by the Current Memorandum of
Understanding between Contra Costa County Appraisers
Association and Contra Costa County or interim
extensions.
Provisions of the 9/90 Plan and pertinent office policies are as follows:
1. DURATION
The 9/80 Plan, as herein modified, is for the period covered by the
Memorandum of Understanding. During that period this plan may be modified
by mutual agreement of the Board of Directors of the Appraisers Association
and the appointing authority. During or at the conclusion of the contract
period, the Plan may be terminated for cause by either party or continued by
1
mutual agreement. Two weeks advance notice of termination shall be given to
affected employees. If at a termination of the Plan during the contract
period, there is any imbalance of hours between the normal schedule and 9/80
schedule, an adjustment will be made by awarding time off or working
additional hours equal to the imbalance of hours. Additional hours will not
be considered overtime:
2. PARTICIPATION
All employees in classifications represented by the Association will be
given the option of participating in the Plan or remaining on the normal
schedule. Each appraiser will submit his/her annual election on a signed
form on or before June 30, effective July 1 of each year.
3. SCHEDULE
Annually, a schedule will be prepared by the Department. This schedule
will be prepared on a fiscal year basis so that no compensatory time
accrues. The schedule will recognize, as nearly as possible, provisions of
Part 4 (WORK HOURS AND DAYS) and Part 5 (HOLIDAYS) of this Letter of
Understanding.
The schedule will be developed in four separate parts designated as
Plans "A","B", "C" and "D". All employees assigned to a crew must be on the
same Plan. It is the responsibility of the Division Chief to assign
personnel to Plans "A","B","C" and "D".
The attached schedules, Plan "A",Plan "B",Plan "C" and Plan "D", are
included as a part of this Letter of Understanding.
4. WORK HOURS AND DAYS
On each Monday, Tuesday, Wednesday, and Thursday, Plan "A" and Plan "B"
9/80.participants' work hours will be from 7:30 a.m. to 5:00 p.m. with lunch
from 12:00 to 12:30 p.m. Participants will have every other Friday off. On
those Fridays that they do work, participants will work a normal shift.
2
On each Tuesday, Wednesday, Thursday, and Friday, Plan "C" and Plan "0"
9/80 participants' work hours will be from 7:30 a.m. to 5:00 p.m. with lunch
from 12:00 to 12:30 p.m. Participants will have every other Monday off. On
those Mondays that they do work, participants will work a normal shift.
Employees scheduled.for training sessions, audit trips, or in the
office for annual complaint period:
a) If the scheduled period is of five (5) full days duration or
/ longer and one on those days is the employee's 9/80 day off, the
I
employee will, revert to the normal schedule for two (2)
consecutive weeks.
b) If the scheduled period is five (5) full days duration or less and
all of those days are regular work days, the employee may choose
to remain on his/her 9/80 schedule or revert to the normal
schedule for two (2) consecutive weeks.
c) If the scheduled period is four (4) full days or less in duration
and is scheduled during the employee's 9/80 day off, the employee
will be allowed a half-day off (7:30 - Noon) on the first day of
the class, and a half day off (12:30 - 5pm) on the last day the
class. This splits the regularly scheduled day off (either Monday
or Friday) into 2 half days. Any travel performed during the
alternate half day-off or during the scheduled day off will not be
considered work time, and any work performed during these periods
will not be considered overtime. Or, an employee may choose to
revert to the normal schedule for two (2) consecutive weeks.
For this section a full day of class is defined as one a.m. and one pm.
.session which may or may not occur on the same day.
3
5. HOLIDAYS
If a holiday fails on a scheduled nine hour work day all 9/80
participants will be required to work nine hours on what would be their
normal eight-hour Monday or Friday in the 9/80 schedule.
Holidays .falling on an .empioyee's Friday -off will be recognized on the
following Monday: Holidays falling on 'an employee's Monday .off wi-11 be
recognized on the following Tuesday.
6. IMBALANCE OF HOURS
Any imbalance of hours that results due to the employee working other
than an assigned schedule shall be adjusted no later than the subsequent -
month in which the imbalance of hours occurs, by working additional hours or
taking additional time off. Additional hours worked will not be considered
overtime.
The department will notify the employee when there is an imbalance of
. .hours.
It is the responsibility of the employee to arrange with his/her
immediate supervisor to make up additional . hours or take time off within the
time period allowed by this section.
Noncompliance with this section will result in the following:
(1) If the employee does not work the required number of hours as
scheduled and does not make up the deficiency by the end of the
following month, his/her pay will be adjusted accordingly.
(2) If the employee does not use the excess hours by the end of the
following month, he/she will lose them.
4
7. SICK LEAVE AND VACATION
Time spent on sick and vacation leave will be charged on an hour-for-
hour basis; i.e., if the employee takes leave on a scheduled nine-hour day,
he/she will be charged nine hours leave time. The employee will not be
allowed to take .sick leave on a day he/she is .not schedul.ed, to work.
8. JURY DUTY
9/80 participants will receive no compensatory time credit for jury
duty on a scheduled Monday or Friday off.
9. OVERTIME
Overtime for 9/80 Plan employees shall be any authorized service
exceeding their normal 9/80 schedule and shall be compensated accordingly to
current and future yearly elections covering compensation at one and one-
half times the employee's basic hourly salary rate or by accumulation of
compensatory time at a rate of one and one-half hours for each hour of
overtime worked.
10. TERMINATION/RESIGNATION
If, during the contract period, a participant of the 9/80 Plan
terminates from county employment for whatever reason, the Department will
compute any imbalance of hours as of the termination date and notify the
Auditor-Controller to:
(1) . Pay the employee an amount representative of any hours worked during
the contract period which are in excess of those total cumulative hours
he/she would have worked on a regular schedule as of the termination
date.
(2) Deduct from the employee's final pay an amount representative of any
.hours worked during the contract period which are less than those total
cumulative hours he/she would have worked on a regular schedule as of
the termination date.
5
Attest:
For the Department
Don Burri stop
Frank Ascatigno
•Jim Giacoma -
Dan Hal 1 i ssy
For the Contra Costa County Appraisers Association
Veronica Clark IyLyrl�
Zeny Cruz
Jim Lynch
David Thacker ./ ..�
President
Date
Approved:
n L. Blasotti , Assessor Date
/lou
6
ATTACHMENT D
ASSESSOR'S OFFICE
1994-95 9/80 SCHEDULE
PLAN "A"
JULY'94 AUGUST'94 SEPTEMBER'94
MON TUE WED THU FRI MON TUE WED THU FRI MON TUC WED THU FRI
;el
8 [. 9 9 9 9 FO 9 FO
8 10 11 12
H 9 • 9 9 FO 9 9 . 9 8 H 9: 9 9 9'
9 9 9 9 9 9III 9 9 FO 9 9 9 9 FO
9 9 9 9 FO 9 9 9 9 8 9 9 9 9 8
9 9 9 9 8 9 9 9 9 9 9 9 FO
MONTH: 160 CUM: 160 MONTH: 187 CUM: 347 MONTH: 161 CUM: 508
OCTOBER'94 NOVEMBER '94 DECEMBER'94
MON TUE WED THU FRI MON TUC WED THU FRI MON TUE WED THU FRI
JI
41
199
9 9 9 8 9 9 9 8 9 9 ae
9 9 9 FO 9 9 9 9 H 9 9 9 9 FO
9 9 9 8 MO 9 9 9 9 9 9 9 9 8
26 21 22 23 24 2 19 20 21 22 2
9 9 9 FO 9 9 . 9 H H 9 9 931 27 28
9 f0
MO 9 9 H 9 9 9 9
MONTH; , 169 CUM: 677 MONTH; 152 CUM: 829 MONTH; 170 CUM: 999
JANUARY'95 FEBRUARY'95 MARCH '95
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE• WED THU FRI
lz
H 9 J1 9 9 b FO 9 9 FO 9 9 ZI FO
9 101 9 9 9 9 9 9 9 9 9 8 . 9 9 9 9 8
16
H 9 9 9 FO LH
9 9 9 FO 9 9 9 9 FO
21 22 23 2
Z-3 24 25
9 9 9 9 9 9 9 9 9 9 9 9 9 8
9 9 9 9 9 9 9 FO
MONTH; 162 CUM: 1161 MONTH: 152 CUM: 1313 MONTH; 178 CUM: 1491
APRIL'95 MAY'95 JUNE '95
MON TUC WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
JI J 2
9 9 9 9 9 9 9 ' 9 9 8 9 9
9 9 9 9 FO 9 9 9 9 FO 9 9 9 9 FO
171 18 T9--Xi —1-6—T7—Ti�---9 --T�y--7--Ts—T-6
9 9 9 9 8 9 9 1 9 9 1 8 9 9 9 9 8
a o19 20 21 22 23
9 9 9 9 FO 9 9 9 9 FO 9 9 9 9 FO
H 9 9 9 9 9 . 9 8
MON1H: 161 Curt: 1652 MONTH; 113 CUM: 1830 t>ON1H. 178 CU1a: 29J8
ASSESSOR'S OFFICE
1994-95 9180 SCHEDULE
PLAN#'B'o
JULY'94 AUGUST'94 SEPTEMBER'94
MON TUC WED THU FRI MON TUC WED THU FRI MON TUC WED THU FRI
1 2 J 4 b
FO '9 9 9 9 9 1 9 9
- -9, 9 fO
F-H- - 9 . . .9'. 9 9 . .9. 9 9 FO H 9
---12 13 14 —75 --9- 17 18 19 12 -- 1'3-74-75--g
9 9 1 9 9 1701 9 9 1 9 9 8.- 9 9 9 1 9 9
18 19 20 211 22 22 23 24 25 26 --9-20 21 22 0
9 9 9 9 8 9 9 9 9 FO 9 9 9 9 FO
Z_727 281 291 30 31 271 28 291 30
9 9 9 FO 1 9 9 9 9 1 9 9 1 8
19
MONTH: 152 CUM: 152 MONTH; 188 CUM: 340 MONTH: 170 CUM: 510
OCTOBER'94 NOVEMBER'94 DECEMBER*94
MON TUC WED THU FRI MON TUC KD THU FRI MON TUC WED THU FRI
F j
9 9 9 9 FO 9 9 9 FO 9 F01
9 9 9 9 9 F 9 F
9 9 9 H 9 9 9 9 9
9 1 9 1 9 9 1 FO I 9 9 1 9 1 9 FO I 9 9 9 9 FO
9 9 9 9 9 H H 9
23
9 9 9 9 9
9
9 LH 1 9 1 9 9 FO
24 271 281 21 72 24 25 19 2o 2T 22 23
9
m 30
L99 9 9
MONTH; 170 CUM: 680 MONTH; W CUM. 833 MONTH; 162 CUM: 995
JANUARY 195 FEBRUARY'95 MARCH '95
MON TUC WED THU FRI MON TUC WEDTHU FRI MON TUE- WED THU FRI
FH;e 9 11 9 4 9 1 9 t) F 91 9 2 9 j 1 9 1 9 2 91
9
9 9 9 FO 9 9 9 9 FO 9 9 9 9 FO
H 9 9 9 9 9 9 1 9 1 9 8 9 9 9 9 9
—N 25 26 27 22 23 2 --7T =
9 9 9 9 FO H 9 9 9 J
— 0 9 9 9 1 9 1 FO
9
9 9 9 9 1 9 9 9 8
MONTH: 162 CUM: 1157 MONTH: 152 CUM: 1309 MONTH; 188 CUM: 1497
APRIL'95 MAY'95 JUNE '95
MON TUC WED THU FRI MON TUC WED THU FRI MON TUC WED THU FRI
9 9 9 9 FO 9 9 9 9 FO 1 9 FO
F
9 9 9 9 9 9 9 9 9 9 9 9 9 9
F9 F--
9 1 9 1 9 9 FO 9 9 9 1 9 FO I 9 9 9 1 9 FOI
—24 25 26 27 28 --M 23 24 25 26 ----19---2G 21 22
9 9 9 9 8 9 9 9 9 8 9 9 9 9 9
H 9 9 j 1 9 j[9' 9 JFO
MONTH: 161 cum. 1658 MONTH: 179 Cum: 1837 MONIH-. 171 CUM: 2008
ASSESSOR'S OFFICE
1994-95 9/80 SCHEDULE
PLAN "C"
JULY '94 AUGUST '94 SEPTEMBER '94
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
9 MO 9 9 9 9 9 9
H TO - 9 9' 9. 8 9 9 9 9' FH 9 9` 9 9�
9 9 9 9 9 MO 9 9 9 9 MO 9 9 9 9
18 19 20 21 2 s
MO 9 9 9 9 8 9 9 9 9 8 9 9 9 9
s
8 9 9 9 9 MO 9 9 MO 9 9 9 9
MONTH; 161 CUM: 161 MONTH; 178 CUM: 339 MONTH; 170 CUM: 509
OCTOBER '94 NOVEMBER '94 DECEMBER '94
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
F
9 9 9 9 9 9 9 9 9 9
3 4 b b I z j 1
9 9 9 9 MO 9 9 9 H MO 9 9 9 9
8 9 9 9 9 9 9 9 9 9 kH
9 9 9 9
MO 9 9 9 9 MO 9 9 H H 9 9 9 9
8 9 9 9 9 9 9 9
MONTH; 168 CUM: 677 MONTH; 153 CUM: 830 MONTH; 170 CUM: 1000
JANUARY '95 FEBRUARY '95 MARCH '95
MON TUE WED : THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
H TO 9 9 9 9 9 9 9 9 9
9 9 9 9 9 8 9 9 9 9 8 9 9 9 9
LH TO 9 9 9 MO 9 9 9 9 MO 9 9 9 923 24 25 2 0 22 23 24 20 21 22 23
9 9 9 9 H 9 9 9 9 8 9 9 9 9 9 MO 9 MO 9 9 9 9
MONTH; 153 CUM: 1153 MONTH; 152 CUM: 1305 MONTH; 187 CUM: 1492
APRIL '95 MAY '95 JUNE '95
MON TUE WED THU FRI MON TUE WED THU FRI MON TUE WED THU FRI
11
8 9 9 9 9 8 9 9 9 9 9 9
0 2 3 8 9 0 9
MO 9 9 9 9 MO 9 9 9 9 MO 9 9 9 9
8 20 9 2
8 9 9 9 9 8 9 9 9 9 8 9 9 9 9
s
MO 9 9 9 9 MO 9 9 9 9 MO 9 9 9 9
29 30 31 26 28 2 H 9 9 8 9 9 9 9
MONTH: 160 CUM: 1652 MONTH; 173 CUM: 1830 MONTH: 178 CUM: 2008
ASSESSOR'S OFFICE
1994-95 9/80 SCHEDULE
PLAN "D"
JULY '94 AUGUST '94 SEPTEMBER '94
MON TUC WED THU FRI MON TUC WED THU FRI MON TUC WED THU FRI
- 1 1-1 9 j 9 4 9 19 9 9
—7
5 6 .9 10 ll
H 9 .19 9 9 MO 9 9 ' 9 9 H TO 9 9 9 .
9
FH1 1 12 91 B FH
0
MO 9 1 9 9 1 9 a 9 9 9 1 9 9 9 9 9 9
18 19 20 21 22 22 23 24 25 26 22
9 9 9 ' 9 9 MO 9 9 9 9 Mo 9 9 9 9
MO 9 9 9 9 8 9 8 9 9 9 9
L I I I I I I
MONTH; 162 CUM: 162 MONTH: 186 CUM: 348 MONTH; 170 CUM: 518
OCTOBER '94 NOVEMBER '94 DECEMBER '94
MON TUC WED THU FRI MON TUC WED THU FRI MON TUC WED THU FRI
Mo 9 9 9 9 9 9 9 9 1
8 9 9 9 9 8 9 9 9 —H 9 9 9
15—76 18 ---U_7U--T4 15 16
9
0 9
1 2
9 9
[8 91 [80 9 9 9
MO 9 9 9 9 Mo 9 9 9 9 Mo 9 9 9 9
24 25 26 27 28 21 22 23 24 25 19 20 21 22
1
9 9
8 9 9 9 9 9 9 9 H H 8 9 9 11
29 29
H TO 9
Mo MO- 9 9 CUM: 830 [ZL 1 9 1 9
MONTH; 160 CUM: 678 MONTH, 152 MONTH. 170 CUM: 1000
JANUARY '95 FEBRUARY '95 MARCH '95
MON TUC WED THU FRI MON TUC WED THU FRI MON TUC WED THU FRI
H z 9 j 9 4 9 b 9 9 9 9 9 4 9 / 9
10 11 12 IQ 6 7 8 9
MO 9 9 9 9 Mo 9 9 9 9 MO 9 9 9 9
--77 --T4—79 16 11 17
H
0 9
91 Mo
[H 9 1 9 9 9 [8 1 9 1 9 9 9 [8 9 9 9 9
23 24 25 26 27 -- 20 21 22 23 24 == 23 24
MO 9 9 9 9 H TO 9 9 9 MO 9 9 9 9
31 ----2'9 — 28 29 Z 31
9-., 9 9 9 1 1 1 8 9 9 9 ] 9
MONTH; 162 CUM: 1162 MONTH; 152 CUM: 1314 MONTH, 187 CUM: 1501
APRIL '95 WAY '95 JUNE '95
MON TUC WED THU FRI MON TUC . VIED THU FRI MON TUC WED THU FRI
3 4,1 9 b 9 , 9 2 3 4 b 1 94
MO 9 MO 9 9 —9 TT 9 1 9
10 11 TT 13 14 9 lo 6 7 8 9
8 9 9 9 9 8 9 9 9 9 8 9 9 9 9
18 19 2u--2T 15 16 17 18 19 --TT 14 15 16
0
0 8 91 E8
F8
MO 9 9 9 9 M 0 9 9 9 9 MO 9 9 9 9
2S 26 27 28 22 23 24 2 5'— n 19 20 21 J22 -J-23
8 9 9 9 9 8 9 9 9 9 8 9 9 9 9
- 03T—
H MO
El I I I TO 9 1 1_ L 9 9 1 9 1 9
MONK 160 CUM: 1661 MONTH; 169 CUM: 1830 MONTH. 178 CUM: 2008
ATTACHMENT E
ASSESSOR'S OFFICE CONFLICT OF INTEREST POLICY
BACKGROUND
The Assessor's Office has worked for many years to develop a
relationship with the public based on trust and confidence. We are
allowed access to private property and confidential records so we
can perform our job. In order to maintain this trust we must
conduct ourselves in such a way that we do not enter into any
activity which is a conflict of interest.
RESPONSIBILITY
The employee is responsible to ensure that any activity he/she
engages in is not inconsistent, incompatible, or in conflict of
interest with his/her employment in the Office of the Assessor.
NOTICE
All department employees shall be notified in writing of the
department's conflict of interest policy adopted pfirsuant 'to
a
Government Code section 1126, which notification shall inclVde'
copy of that policy. Any proposed revisions to this policy are
subject to the meet and confer process between the affected labor
organizations and Contra Costa County. All employees will be
notified in writing of any revisions .
ANNUAL CERTIFICATION
Each employee upon commencement of employment and annually
thereafter shall sign a certificate attesting to the fact that they
have received, read and understand the conflict . of interest
material in this policy.
TRAINING
All employees will receive training on this conflict of interest
policy within one month of its implementation and every new
employee will receive training on this policy during their initial
training/orientation.
INCOMPATIBLE ACTIVITIES
Activities included in this category are those where the activity
the employee is engaging in is a conflict of interest, and/or the
employee uses confidential office material while performing the
activity. The following activities must be avoided by all
Assessor's office employees:
1. Any outside appraisal, auditing or accounting work regarding
property located within Contra Costa County.
2 . Employment or self-employment as a real estate broker or
salesperson for remuneration or otherwise, dealing- with
property located within Contra Costa County.
3. Rendering, in a professional capacity, any legal or other
advice on property taxation except as required in the
employment of her/his duties within the department.
4 . Use of County time, equipment, facilities or information in
any outside employment.
5,..': Furnishing confidential information obtained from Assessor's
Office records or confidential information obtained in 'the
course of employment with -the Assessor's Office to anyone
outside the Assessor's Office without authorization.
6 . Appraising, auditing or granting an. exemption on any property
belonging to oneself or to''any relative in the normal course
of employment with the Contra Costa County Assessor's Office.
7 . Engaging in the processing of state or federal income tax
returns for any business 'entity owning property in Contra
Costa County except for: church groups, lodges, social or
employee organizations for no more than nominal compensation
or for a business owned wholly or substantially by the
employee.
8 . Acceptance of gifts or bribes in money, goods or property,
cancellation of debt or any other thing of value for any
service provided in conjunction with the duties of the Contra
Costa County Assessor's office. (Any bribe or attempted bribe
should be reported to your supervisor immediately. )
9 . Employment as an attorney or self-employed as a licensed
attorney at law where the subject matter of the representation
relates to real or personal property taxation in Contra Costa
County.
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10. Any outside or self employment (time spent) which affects your
abilities to perform your assigned duties in this office.
SENSITIVE ACTIVITIES
Activities included in this category are those which while normally
would not be incompatible with the operation of the Contra Costa
County Assessor's Office could be so construed depending on the
type of activity and the area where the activity occurs.
Sensitive activities must be avoided by all Assessor's Office
employees unless the specific activity is initially approved by the
Assessor after written request by the employee. The Assessor may
review approved sensitive activities annually. An example of a
sensitive activity is: Employment with firms having contracts with
the Contra Costa County Assessor's Office in connection with
services or supplies provided to the department if the employee has
the ability to influence a purchasing decision.
ATTACHED REFERENCES
Sections 672 and 1365 of the Revenue and.Taiation Code and Sections
1090 and 1126 of the Government Code.
DISCIPLINARY ACTION
The disciplinary provisions of the Personnel Management regulations
or the pertinent Memorandum of Understanding, whichever is
applicable, shall govern disciplinary actions for violation of
policies under Government Code section 1126.
APPEAL
Employees may appeal the application of Government Code section
1126 policies and/or disciplinary action thereunder through the
grievance or appeal procedures set forth in the Personnel
Management Regulations or the Pertinent Memorandum of
Understanding, whichever is applicable.
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CONFLICT OF INTEREST CERTIFICATE
FOR THE PERIOD JANUARY 1, 1994 THROUGH DECEMBER 31, 1994
Name:
Employee No. :
Cert. No. :
I have received a copy, read and understand the Assessor's Policy
on "Conflict of Interest. "
(date) (-dmployee signature)
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Dated:
FOR THE COUNTY FOR THE UNION