HomeMy WebLinkAboutMINUTES - 12161997 - C47 i4 .w.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 16, 1997 , by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
Subject:
Approval of the 1996-1998 Memorandum of )
Understanding with Physicians' & Dentists' )
Organization of Contra Costa (PDOCC) ) Res. No. 97/ 679
The Contra Costa Board of Supervisors RESOLVES THAT:
1. On August 12, 1997 the Labor Relations Manager submitted a Letter of
Understanding dated August 5, 1997 which reflected negotiated agreements
reached between the parties on terms and conditions of employment affecting
employees represented by PDOCC.
2. The Memorandum of Understanding with PDOCC incorporating the agreed-upon
terms and conditions mentioned above is attached.
3. This Board having 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 January 1, 1996.
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED December 19, 1997
Phil Batchelor,Clerk of the Board of
Supervisors and County Administrator
By / Deputy
Orig. Dept: Human Resources Department (Kathy Ito at 5-1785)
cc: Labor Relations Unit
Auditor-Controller's Office
County Counsel
Health Services Department
PDOCC
( MEMORANDUM OF UNDERSTANDING BETWEEN , Y-7
CONTRA COSTA COUNTY
AND
PHYSICIANS' AND DENTISTS' ORGANIZATION
OF CONTRA COSTA
This Memorandum of Understanding (MOU) is entered into
pursuant to the authority contained in Division 34 of Board
of Supervisors' Resolution 81/1165 and has been jointly
prepared by the parties.
The Employee Relations Officer (County Administrator) is
the representative of Contra Costa County in employer-
employee relations matters as provided in Board of
Supervisors' Resolution 81/1165.
The parties have met and conferred in good faith regarding
wages, hours and other terms and conditions of employment
for the employees in units in which the Physicians' and
Dentists' Organization of Contra Costa (PDOCC) 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 MOU shall be presented to the Contra Costa County
Board of Supervisors, as the governing board of the County
and appropriate fire districts, as the joint recommendations
of the undersigned for salary and employee benefit
adjustments for the period commencing January 1 , 1996
and ending December 31 , 1998.
PDOCC - 1 - 1996-98 MOU
DEFINITIONS:
Appointing Authority: The Health Services Director unless
otherwise provided by statute or ordinance.
Class: A group of positions sufficiently similar with respect
to the duties and responsibilities that similar selection
procedures and qualifications may apply and that the same
descriptive title may be used to designate each position
allocated to the group.
Class Title: The designation given to a class, to each
position allocated to the class, and to the employees
allocated to the class.
Count Contra Costa County.
Department Head: An assignment in which an Exempt
Medical Staff Member plans, organizes and directs the
medical practice of a particular medical service, program or
clinic.
Director of Human Resources: The person designated by
the County Administrator to serve as the Assistant County
Administrator-Director of Human Resources.
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 return.
Exem t: Any position which is exempt from the Merit
System.
PDOCC - 2 - 1996-98 MOU
Permanent-Intermittent Potion 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.
Position: The assigned duties and responsibilities calling
for the regular full time, part-time or intermittent employment
of a person.
Resignation: The voluntary termination of permanent
employment with the County.
Temporary: Any employment which will require the
services of an incumbent for a limited period of time, paid on
an hourly basis, not in an allocated positions or in
permanent status.
SECTION 1 - ORGANIZATION RECOGNITION
PDOCC is the formally recognized employee organization
for the representation unit listed below, and such
organization has been certified as such pursuant to the
Board Order dated December 19, 1995.
Contra Costa Physicians' and Dentists' Unit
PDOCC - 3 - 1996-98 MOU
SECTION 2 - ORGANIZATION SECURITY
Dues Deduction. Pursuant to Board of
Supervisors' Resolution 81/1165, only a majority
representative may have dues deduction and as such
PDOCC has the exclusive privilege of dues deduction or
agency fee deduction for all employees in its units.
2.2 Agency Shop.
A. Organization Responsibility. PDOCC agrees that it
has a duty to provide fair and non-discriminatory
representation to all employees in all classes
represented by PDOCC regardless of whether they
are members of PDOCC.
B. Enrollment of New Employees. The County Human
Resources Department shall monthly furnish a list
of all new hires to PDOCC. All new employees
represented by PDOCC 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 PDOCC or;
2. pay to PDOCC, 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, and which shall not exceed the monthly
dues, initiation fees and general assessments
made during the duration of this MOU. It shall
be the sole responsibility of PDOCC to
PDOCC - 4 - 1996-98 MOU
determine an agency shop fee which meets
the above criterie or
3. do both of the following:
a. Execute a written declaration under
penalty of perjury under the laws of the
State of California that the new 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
employment, or that the new employee
has a bona fide religious conscientious
objection to joining or financially
supporting a public employee
organization; 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. Options for Current Employees. All current
employees represented by PDOCC 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 . remain a member of PDOCC or;
PDOCC - 5 - 1996-98 MOU
2. complete a new payroll deduction form and
pay to PDOCC, 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, and which shall not exceed the monthly
dues, initiation fees and general assessments
made during the duration of this MOU. It shall
be the sole responsibility of PDOCC to
determine an agency shop fee which meets
the above criteria; or
3. complete a new payroll deduction form which
includes a written declaration inclusive of the
written declaration under penalty of perjury
under the laws of the State of California that
the new 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 or,that the employee now has a
bona fide religious conscientious objection to
financially supporting a public employee
organization and pay a sum equal to the
agency shop fee described in Section 2.2.13.2
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.
D. Hudson Procedure. PDOCC shall provide the
County with a copy of PDOCC's Hudson Procedure
for the determination and protest of its agency
shop fees. PDOCC shall provide a copy of said
PDOCC - 6 - 1996-98 MOU
Hudson Procedure. to eery fee payor covered by
this MOU within ore month from the date it is
approved and anrnrually thereafter, and as a
condition to any change in the agency shop fee.
Failure by a fee payor to invoke PDOCC's Hudson
Procedure within one month after actual notice of
the Hudson Procedure shall be a waiver by the
employee of his or her right to contest the amount
of the agency shop fee.
E. Periods of Separation. The provisions of Section
2.2.13.2 shall not apply during periods that an
employee is separated from the Physicians and
Dentists Unit but shall be reinstated upon the
return of the employee to the representation unit.
Separation as defined herein includes transfer out
of the unit, layoff, and leave of absence with a
duration of more than thirty (30) days.
F. Compliance.
1 . An employee employed in or hired into a job
class represented by PDOCC shall be
provided with an Employee Authorization for
Payroll Deduction form by the Human
Resources 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
PDOCC dues, agency shop fee, initiation fee
or charitable contribution required under
Section 2.2.13.3 are not received, PDOCC
may, in writing, direct that the County withhold
the agency shop fee and the initiation fee from
PDOCC - 7 - 1996-98 MOU
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
PDOCC.
3. If an employee who is a dues-paying PDOCC
member or an agency shop fee-payor
executes a payroll deduction form to change
status to that of conscientious objector and
PDOCC contests '' the validity of the
conscientious objections, PDOCC may
request in writing to the Labor Relations
Manager that the County hold the deduction in
trust for the designated charity pending a
successful challenge by PDOCC in a court of
competent jurisdiction, provided however,
such funds shall be held in trust without
interest for no more than one year after the
Auditor-Controller receives notices of the
challenge, or Iuntil a court decision is
rendered, whichever is later. If PDOCC's
challenge is not upheld, the funds held in trust
shall be distributed to the designated charity.
PDOCC may only make one such challenge to
any one employee during the term of a MOU.
4. PDOCC 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 PDOCC Security Section (2), or action
taken or not taken by the County under this
Section (2.2). This includes, but is not limited
to, the County's Attorneys' fees and costs.
PDOCC - 8 - 1996-98 MOU
The provisions of.this section (2.2) shall not be
subject to the grievance procedure following
the adoption of:this MOU by the County Board
of Supervisors.
G. Recision of Aqency Shop.
1 . Conditions. In the event that employees
represented by PDOCC vote to rescind
Agency Shop, the provisions of Section G.2,
and G.3 shall apply to dues-paying members
of PDOCC.
2. Maintenance of Membership. All employees in
units represented by PDOCC who are
currently paying dues to PDOCC and all
employees in such unit who hereafter become
members .of PDOCC shall as a condition of
continued employment pay dues to PDOCC
for the duration of this MOU and each year
thereafter so long as PDOCC 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 Sections G.3 and G.4.
3. Withdrawal of Membership. When agency
shop has been rescinded, by notifying the
Auditor-Controller's Department in writing,
beginning for a period of thirty (30) days on
the first day of the month following the vote for
recision, any employee may withdraw from
PDOCC membership and discontinue paying
dues as of the payroll period commencing on
the first day of the succeeding month.
PDOCC - 9 - 1996-98 MOU
Immediately upon close of the above
mentioned thirty (30) day period the Auditor-
Controller shall submit to PDOCC a list of the
employees who have rescinded their
authorization for dues deduction.
4. New Hires. Employees hired after recision of
agency shop in classifications assigned to
units represented by PDO.CC shall, as a
condition of employment, complete a dues
authorization form provided by PDOCC and
shall have deducted from their paychecks the
membership dues of PDOCC. An employee
hired into the Physicians and Dentists Unit
shall have thirty (30) days from the date of hire
to decide if he or she does not want to
become a member of PDOCC. Such decision
not to become a.member of PDOCC must be
made in writing to the Auditor-Controller with
a copy to the Labor Relations Division. If the
employee decides not to become a member of
PDOCC, any PDOCC dues previously
deducted from the employee's paycheck shall
be returned to the employee and said amount
shall be deducted from the next dues
deduction check sent to PDOCC. If the
employee does not notify the County in writing
of the decision not to become a member
within the thirty (30) day period, he or she
shall be deemed to have voluntarily agreed to
pay the dues of PDOCC.
Each such dues authorization form referenced
above shall include a statement that PDOCC
and the County have entered into a MOU, that
PDOCC - 10 - 1996-98 MOU
the employee is, :required to authorize payroll
deductions of PDOCC dues as a condition of
employment, and that such authorization may
be revoked within the first thirty (30) days of
employment upon proper written notice by the
employee within said thirty (30) day period as
set forth above. Each such employee shall,
upon completion of the authorization form,
receive a copy of said authorization form
which shall be deemed proper notice of his or
her right to revoke said authorization.
2.3 Communicating With Employees. PDOCC shall
be allowed to use designated portions of bulletin boards or
display areas in public portions of County buildings or in
public portions of offices in which there are employees
represented by PDOCC, 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 PDOCC.
Representatives of PDOCC, not on County time, shall be
permitted to place a supply of employee literature at specific
locations in County buildings if arranged through the
Appointing Authority 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.
PDOCC - 11 - 1996-98 MOU
Such placement and/or distribution shall not be performed
by on duty employees.
PDOCC shall be allowed access to work locations in which
it represents employees for the following purposes:
a. To post literature on bulletin boards;
b. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as
indicated above;
d. to represent an employee on a grievance, and/or to
contact a PDOCC officer on a matter within the
scope of representation;
e. to ascertain whether the terms and conditions of
the MOU are being complied with.
In the application of this provision, it is agreed and
understood that in each such instance advance
arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the
departmental representative in charge of the work area, and
the visit will not interfere with County services.
2.4 Use of County Buildings. PDOCC shall be
allowed the use of areas normally used for meeting
purposes for meetings of County employees except during
the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday when:
a. Such space is available;
PDOCC - 12 - 1996-98 MOU
b. there is no additional, cost to the County;
C. it does not interfere with normal County operations,
nor interfere with employee's work responsibility.
d. 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. PDOCC
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.
2.5 Advance Notice. PDOCC 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
appointed by the Board, and to meet with the body
considering the matter.
The listing of an item on a public agenda, or the mailing of
a copy of a proposal at least seventy-two (72) hours before
the item will be heard, or the delivery of a copy of the
proposal at least twenty-four (24) hours before the item will
be heard, shall constitute notice.
In cases of emergency when the Board, or boards and
commissions appointed by the Board, determines it must act
immediately without such notice or meeting, it shall give
PDOCC - 13 - 1996-98 MOU
notice and opportunity to meet as soon as practical after its
action.
2.6 Written Statement for New Employees. The
County will provide a written statement to each new
employee hired into a classification represented by PDOCC,
that the employee's classification is represented by PDOCC
and the name of a representative of PDOCC. The County
will provide the employee with a packet of information which
has been supplied by PDOCC and approved by the County.
2.7 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 Labor Relations Manager shall
review the composition of existing representation
units to determine the appropriateness of including
some or all of the employees in the new class in
one or more existing representation units, and
within a reasonable period of time shall notify all
recognized employee organizations of his
determination.
b. Final Determination. His determination is final
unless within ten (10) 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 (60) days after the ten (10) day
PDOCC - 14 - 1996-98 MOU
period in Subsection b, unless otherwise mutually
agreed. Thereafter, the procedures in cases of
disagreement, arbitration referral and expenses,
and criteria for determination shall conform to
Board of Supervisors' Resolution 81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of sex, race,
creed, color, national origin, sexual orientation or union
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 carrying out the essential functions of the
position safely.
SECTION 4 - SHOP STEWARDS AND OFFICIAL
REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated
as shop stewards or official representatives of PDOCC 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, including meetings of the Board
of Supervisors;
PDOCC - 15 - 1996-98 MOU
b. if their attendance is sought by a hearing body or
presentation of testimony or other reasons;
C. if their attendance is required for a meeting
necessary for settlement of grievances filed
pursuant to Section 15 - Grievance Procedure of
this MOU and scheduled at reasonable times
agreeable to all parties;
d. if they are designated as a shop steward, in which
case they may utilize a reasonable time at each
level of the proceedings to assist an employee to
present a grievance provided the meetings are
scheduled at reasonable times agreeable to all
parties,
e. if they are designated as spokesperson or
representative of PDOCC 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, including meetings of the
Board of Supervisors and Retirement Board where
items which are within the scope of representation
and involving PDOCC are to be discussed.
4.2 PDOCC Representatives. Official representatives
of PDOCC 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
PDOCC - 16 - 1996-98 MOU
Labor Relations Manager. 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 Labor Relations Manager, and that advance
arrangements for the time away from the work station or
assignment are made with the appointing authority or
designee.
SECTION 5 - SALARIES
5.1 General Waqe Increases.
A. Effective July 1 , 1996 each represented
classification shall receive a general wage increase
of three percent (3%) on the County Salary
Schedule.
B. Effective October 1 , 1997 each represented
classification shall receive a general wage increase
of two percent (2%) on the County Salary Schedule
plus Tier III, or three percent (3%) on the County
Salary Schedule.
C. Effective October 1 , 1998 each represented
classification shall receive a general wage increase
of three and one-half percent (3.5%) on the
County Salary Schedule.
D. Lump Sum Payment. The July 1 , 1996 increase will
be paid in a Lump Sum Payment to each employee
for the months of July, August, September,
October, November and December 1996, and for
PDOCC - 17 - 1996-98 MOU
the months of January, February, March, April,
May, June, July, and August 1997, without interest,
computed as follows:
Employee regular pay, overtime pay and specific
other earnings ordinarily computed as a
percentage of base pay will be added together for
each applicable pay period to determine the
appropriate pay base. This base will then be
multiplied by 3% to arrive at the employee's lump
sum payment. The payment amount thus
computed will be added to the employee's
September 10, 1997 paycheck where it will be
listed separately as a "Lump Sum Payment" and
will be subject to normal tax withholding and
retirement deduction requirements. For purposes
of this lump sum payment, employee regular pay
shall include the Emergency Room Bonus.
Any employee believing there is an underpayment
resulting from this methodology exceeding $100
may contact the Human Resources Department.
The Human Resources Department and the
Auditor's Office will investigate and issue the
additional pay, if owed, as soon as possible.
All provisions regarding lump sum payment in lieu
of retroactive pay shall be applicable to any and all
employees who retired during the period July 1 ,
1996 through August 31 , 1997.
5.2 Appointment. Exempt Medical Staff Members shall
be employed only in classes for which they are qualified by
virtue of their education, experience and professional
license, and shall be paid at a rate established for their
PDOCC - 18 - 1996-98 MOv
classification. For classifcations for which a range of steps
have been established, Exempt Medical Staff Members shall
be appointed at the step of the salary range for their class
which is appropriate to their particular qualifications and the
position to be filled giving due consideration to the
experience, responsibility and competence of the appointee.
The determination of an Exempt Medical Staff Member's
qualifications and designation of the appropriate step of the
salary range shall be by the appointing authority or designee
and shall be final. The appointing authority or designee will
notify PDOCC of any appointments above Step 6 in the
applicable salary range and will include a justification for the
appointment.
5.3 Reappointment. Exempt Medical Staff Members
who terminate their services with the County and are
subsequently reemployed in the same medical staff
classification within two (2) years from the date of
termination may be appointed at the step of the salary range
at which they were employed at the time of termination.
5.4 Merit Adjustment. Each Exempt Medical Staff
Member shall be eligible for a merit review one year after the
date of his/her original appointment and annually thereafter
until the top step of the range is reached. Based upon
review of each Exempt Medical Staff Member's duties and
performance, the appointing authority or designee may
authorize an advancement to the next higher step in the
salary range, or deny the adjustment with or without one
additional review at some specified date before the next
anniversary. Merit increase shall be awarded for satisfactory
performance and there shall be no limit to the number of
employees receiving a merit increment in any given year.
The decision to approve or deny the Exempt Medical Staff
Member's merit adjustment will be supported by a written
PDOCC - 19 - 1996-98 MOU
evaluation of the member's performance. Performance
evaluations will be completed by the appropriate Department
Head, who may confer with other medical staff members
and will be subject to review and approval by the appointing
authority's designee. The written performance evaluation
system will be implemented within six (6) months of the
adoption of this MOU. No salary adjustment shall be made
unless a recommendation to do so is made by the
appointing authority, or designee, and no provision of this
section shall be construed to make the adjustment of
salaries mandatory on the County.
5.5 Frequency. An Exempt Medical Staff Member shall
be eligible for a salary review one year after the date of his
original appointment and annually thereafter. At that time,
the appointing authority or designee may authorize a salary
adjustment, deny the adjustment unconditionally or deny the
adjustment subject to review at some specified date before
the next anniversary. Under special circumstances, the
appointing authority or designee may make a one-step
adjustment in advance of the date on which an Exempt
Medical Staff Member becomes eligible for the adjustment.
When such an advance adjustment is made, however, the
Exempt Medical Staff Member may not receive another
adjustment until the date of eligibility following that for which
the adjustment was authorized in advance.
5.6 Effective Date. Adjustments to Exempt Medical
Staff Members' salaries shall be effective on the first day of
the month following the month in which the adjustment is
authorized by the appointing authority or designee. 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
PDOCC - 20 - 1996-98 MOU
advancement shall be r�tede�tettoactive to the first of the
month when eligible.
5:7 Pam. 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 the advance shall be made on the
prescribed form (form M-208, revised 5/81 ) and submitted
by the 15th of the month to the department payroll clerk who
will forward the card with the Salary Advance
Transmittal/Deviation Report to the Auditor-Controller payroll
section.
Such an election would be effective in the month of the
submission and would remain effective until revoked.
In the case of an election made pursuant to this Section 5.7
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.
PDOCC - 21 - 1996-98 MOU
5.8 Part-Time Compensation. An Exempt Medical
Staff Member working part-time shall be paid a monthly
salary in the same ratio to the full time monthly rate to which
he would be entitled as an Exempt Medical Staff Member
working full time as the number of hours per week in his
part-time work schedule bears to the number of hours in the
regular full time schedule. Other benefits to which the
employee is entitled under the provisions of this division
may be assigned on the same pro rata basis. If the
employment is periodic and irregular, depending on
departmental requirements, payment for hours worked shall
be made at the hourly rate established for the salary step to
which the Exempt Medical. Staff Member would be assigned
if he were working permanent full time or part-time.
5.9 Compensation for Portion of Month. Any Exempt
Medical Staff Member who works less than any full calendar
month, except when on earned vacation or authorized sick
leave, shall receive as compensation for his services an
amount which in the same ratio to the established monthly
rate as the number of days worked is to the actual working
days in such Exempt Medical Staff Member's normal work
schedule for the particular month; but if the employment is
intermittent, compensation shall be on an hourly basis.
5.10 Reclassification of Position. The salary of an
employee whose position is reclassified from a class on the
basic or exempt salary schedule to an Exempt Medical Staff
classification shall be established in accordance with
Section 5.2.
PDOCC - 22 - 1996-98 MOU
5.11 Salary on Change of Assignment.
A. If a significant change is made in the duties,
responsibilities, work schedule or work location
assigned to an Exempt Medical Staff Member, the
appointing authority or designee may review the
changes to determine if they are of such a
magnitude to warrant an adjustment in the salary
level of the Exempt Medical Staff Member. If it is
determined that an adjustment is appropriate, the
appointing authority or designee may adjust the
salary upward. If such an assignment is temporary
(typically not exceeding one year duration), the
Exempt Medical Staff Member shall return at the
termination of the assignment to the step of the
range he/she would have received had he/she
remained in his/her regular assignment.
B. Effective Date. Salary adjustments reflecting
changes in assignment of an Exempt Medical Staff
Member shall be effective on the first day of the
month following the month in which the adjustment
is made by the appointing authority or designee.
5.12 Salary on Promotion - Exempt Medical Staff
Resident Physicians. Exempt Medical Staff Resident
Physicians are expected to spend approximately one year
in each of the three classifications. However, the duration
of an employee's training at one of the levels may be
extended at the discretion of the appointing authority or
designee. Exempt Medical Staff Resident Physicians
advancing to a next higher resident physician classification
shall be paid at the monthly rate for that classification.
PDOCC - 23 - 1996-98 MOU
5.13 Reassi nment. An Exempt Medical Staff Member
who is reassigned from one position to another position
within the same classification shall be compensated at the
same step in the salary range as he/she was previously.
Eligibility for stipends as described in Section 5.14 will be
reevaluated at the time of reassignment and may result in
the commencement or discontinuing of a stipend or stipends
as appropriate.
5.14 Stipends. Exempt Medical Staff Members are
eligible for the following additional compensation. An
employee may be eligible for and receive stipends in more
than one category. The stipends for Registrar and
Ambulatory recognition are based on continuous service.
Neither periods of voluntary separation nor periods of
involuntary separation exceeding two years, will be bridged.
A. The President of the Medical Staff will receive $500
per month.
B. The Department Heads for Ambulatory Family
Medicine, Anesthesia, Dental (excluding the
classification Chief of Dental Service), Diagnostic
Imaging, Emergency Medicine, Internal Medicine,
Geriatrics, Obstetrics and Gynecology, Pathology,
Pediatrics, Psychiatry, Rehabilitation and Surgery,
and other comparable assignments deemed
appropriate by the appointing authority or designee
will receive $500 per month.
C. The Residency Director and the Director of Quality
Management will receive $500 per month:
D. The Chairpersons of the Medical Staff committees
charged with considerable responsibility, such as
PDOCC - 24 - 1996-98 MOU
Credentials, Medical Ouality Assurance, Utilization
Review, , and other comparable assignments
deemed appropriate by the appointing authority or
designee will receive $500 per month.
E. The Division Heads (e.g. Nursery, Ambulatory
Medicine, and Out Patient Psychiatry, and
Detention), the Assistant Residency Director, the
Assistant Surgical Registrar Chief, the Assistant
Surgical Chief and other comparable assignments
deemed appropriate by the appointing authority or
designee will receive $250 per month.
F. A registrar stipend of $175 will be awarded as
follows:
1 . A registrar assigned to a position of 32 hours
or more in the system will be eligible for half of
the total stipend after completing the first three
years as a registrar and be eligible for the full
stipend after completing a sixth year as a
registrar.
2. A registrar assigned to a position of 20 to 31
hours in the system will be eligible for one-
quarter of the full stipend after three years and
a maximum of one-half of the full stipend after
six years.
3. A registrar in the system assigned to a
position of less than 20 hours will not be
eligible for a registrar stipend.
A registrar is defined as a physician designated by
the appointing authority and assigned to the
PDOCC - 25 - 1996-98 MOU
Emergency Room or assigned significant teaching
and inpatient care responsibilities and who
possesses expertise in a given field and acts as a
resource to his/her colleagues.
An additional stipend of $75 per month will be
awarded to all registrars who are required to be "at
risk" to fill in for absences as described in Section
6. 1 - Days and Hours of Work. This additional
stipend will be awarded in accordance with Section
5.14.F. 11 2, and 3 above.
G. An Ambulatory Recognition stipend of $250 per
month will be awarded to Physicians assigned to
the Ambulatory System, and to Psychiatrists and
Dentists as follows:
1 . An . employee assigned to a position of 32
hours or more will be eligible for one-half of
the full stipend after three years, and be
eligible for the full stipend after six years. The
full stipend will be the same as the full
registrar stipend.
2. An employee assigned to a position of 20 to
31 hours will be eligible for one-quarter of the
full stipend after three years, and a maximum
one-half after six years.
3. An employee assigned to a positions of less.
than 20 hours per week of will not be eligible
for the ambulatory recognition stipend.
The above stipends will become effective on the first of the
month following the employee's appointment unless the
PDOCC - 26 - 1996-98 MOU
appointment is effective on the first of the month, in which
case the stipend will commence immediately:
SECTION 6 - DAYS AND HOURS OF WORK
6.1 Days and Hours of Work. The normal work week
for employees, except Residents, shall consist of five eight-
hour days or a total of forty hours, 12:01 a.m. Sunday to
12:00 midnight Saturday; however, where operational
requirements require deviations from the usual pattern of
five eight-hour days per work week, an employee may be
scheduled to meet these requirements. With the exception
of Emergency Room assignments there shall be no split
shifts without the employee's consent.
The appointing authority or designee shall prepare written
schedules in advance to encompass the complete
operational cycle contemplated. The employee's
preferences as well as Department's operational
requirements will be considered in preparing the schedule.
The basic physician and dental schedule, excluding
Registrars, for a 40 hour position will consist of 36 hours of
direct patient care, and 4 hours of administrative time. This
administrative time shall be prorated for all employees
working in a 20 hour or greater position according to the
following schedule. The nature of the administrative time
shall be decided by the appropriate Department Head.
Administrative time shall be in blocks of four hours.
PDOCC - 27 - 1996-98 MOU
Total Hours per Week Averaqe Admin. Hours per Week
36 - 40 4
28 - 35 3
20 - 27 2
Twenty percent (20%) of the administrative time per ten
week cycle will be "at risk" to fill in for unscheduled
absences and/or for any absences for short notice clinics,
small clinics with two or fewer providers, the detention
facilities, or at the discretion of the Department Head, to
other clinics as necessary to allow for maximum latitude in
approving leave requests. In addition, all Registrars with
appropriate medical skills, the Department Head and
Division Heads of the Department of Family Medicine, and
the Residency Director, shall be "at risk" for six four-hour
blocks of time per calendar year to fill in for absences as
described in this paragraph. Registrar eligibility and
scheduling shall be coordinated between the head of the
appropriate department and the head of the Department of
Family Medicine. The decision of the appointing authority or
designee regarding eligibility and scheduling of "at risk"
blocks shall be final. Sixteen consecutive hours per week on
call time (paid 1 :4) may be scheduled instead of 4 hours of
"direct patient care" with the employee's approval.
Sixteen consecutive hours per week of telephone advice
nurse backup on-call time (paid 1 :8) may be scheduled
instead of two hours of "direct patient care" at the discretion
of the appointing authority or designee. Individual
employees with regular evening or Saturday clinic, or regular
on-call assignments are exempt from this on-call provision,
unless agreed to by the employee.
"Direct patient care" is any time in which the employee's
primary responsibility is delivering health care directly to
PDOCC - 28 - 1996-98 MOU
patients, including clinics, emergency room, procedures,
diagnostic tests, and surgery.
Employees regularly scheduled to work 16 hours per week
or more of Family Practice Clinics and who have majority of
their position hours assigned to Family Practice and Urgent
Care Clinics shall be eligible for staff development time.
The nature of the staff development time shall be decided by
the appropriate Department Head and could include such
responsibilities as specialty clinic assignments, or activities
which contribute to patients' health, system efficiency or
quality care. Employees may apply to use such time by
submitting a proposal describing the goals and process of
their work to the appointing authority or designee for
approval. Employees will be notified in writing of the decision
regarding their proposal. Approval of the use of staff
development time shall be for a specific period of,time and
may be discontinued at any time with a written explanation,
at the discretion of the appointing authority or designee.
Employees involved in such work shall be required to submit
periodic progress reports as determined by the appointing
authority or designee.
Those employees in 40-hour positions will be assigned four
(4) hours of staff development time per week. This staff
development time shall be prorated for those qualifying
employees working in a 24-hour or greater position
according to the following schedule:
Total Hours per Week Staff Development Hrs per Week
36 - 40 4
28 - 35 3
24 - 27 2
PDOCC - 29 - 1996-98 MOU
All physicians except those assigned to positions in the
Emergency Department will be scheduled to work between
the hours of 6:00 a.m. and 5:30 p.m., (normally between
8:00 a.m. and 5:00 p.m.) Monday through Friday.
The schedule for any physician working at least 20 hours
per week may include one four-hour evening clinic per week
and/or one 4, 6, or 8 hour weekend clinic every eight weeks,
at the discretion of the appointing authority or designee.
Physicians with regular weekend direct patient care
responsibilities are exempt from weekend clinic
assignments. Such clinics will be compensated at the
physician's base rate plus $10 per hour. Except for those
physicians assigned to positions in the Emergency
Department, additional evening or weekend work will be by
mutual agreement. Such work will be compensated as
described in Section 6.6 - Emergency Room Pay. This
additional compensation applies only to the scheduled time
and does not include unscheduled work required for patient
care needs or inpatient morning rounds.
The normal work week for residents shall be determined by
the Residency Program Director.
Schedules reflecting the administrative hours and staff
development hours will be implemented 90 days after the
adoption of this MOU.
6.2 Physician Call. The basic call obligation for
physicians is defined in Section 6.1 above and is
compensated as part of the employee's base monthly rate.
Physicians who take additional on-call obligations will be
paid on the following schedule:
PDOCC - 30 - 1996-98 MOU
a. one hour of straightlime pay for each four hours of
call (1 :4) for Anesthesia, Orthopedics, Surgery,
Medicine, Pediatrics; OB Joint Venture Health Plan
or Advice first call and other comparable
assignments deemed appropriate by the
appointing authority.
b. one hour of straight time pay for each eight hours
of call (1 :8) for Pathology, GI, Opthamology, Health
Officer, Plastic Surgery, Hand Surgery, Detention,
Psychiatry, Health Plan or advice backup, and
other comparable assignments deemed
appropriate by the appointing authority. Pathology
will be paid at the rate of 1 :4 until such time as a
classification and pay range for specialists is
developed and approved by the Board.
Call pay does not continue during the time the physician is
called back.
6.3 Obstetrics - Gynecology Call. In lieu of the on-
call rates described in Section 6.2, Physicians assigned to
OB-GYN will share a total of $10,710 per month to cover all
after hours services required for good patient care. This
amount will be increased to $11 ,500 effective 1/1/95.
After hours delivery by physicians not on call for OB shall be
paid at the base hourly rate with a three hour minimum and
a six hour maximum.
6.4 Call Back Pay. A physician who is called back to
duty will be paid at the straight time hourly rate for the actual
time worked plus a differential of $30 per hour, with a
minimum of three hours pay for each call back.
PDOCC - 31 - 1996-98 MOU
6.5 Pay for Weekend and Holiday Rounds. A
physician whose assignment requires rounding on
weekends and holidays will be paid at the straight time
hourly rate for the time spent rounding plus a differential of
$30 per hour, with a minimum of three hours pay. Only one
three hour minimum will be paid per each twenty-four (24)
hour period.
6.6 Emergency Room Pay. A physician working in the
Emergency Room will be paid the following differentials in
addition to his/her regular base pay:
Monday - Thursday 7:00 a.m. - 11 :00 p.m. $10 per hour
Friday 7:00 a.m. - 7:00 p.m. $10 per hour
Monday - Thursday 11 :00 p.m. - 7:00 a.m. $30 per hour
Fri., Sat., Sun. 7:00 p.m. - 7:00 a.m. $40 per hour
Saturday, Sunday 7:00 a.m. - 7:00 p.m. $20 per hour
Holidays will be paid as weekends. Urgent Care in the
evenings and . on weekends will be compensated as
emergency room pay. New Year's Eve and Christmas Eve
will be paid as week-ends, beginning at 7:00 p.m.
A physician working in the Emergency Room in addition to
his/her regular basic schedule, will be paid at the hourly
equivalent of his/her base pay plus the appropriate
differential.
SECTION 7 - HOLIDAYS
7.1 Holidays Observed. The County will observe the
following holidays:
a. January 1 st, known as New Year's Day
PDOCC - 32 - 1996-98 MOU
Third Monday in January known as Dr. Martin Luther King, Jr. Day
Third Monday in February, known as Presidents Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11 th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
The day after Thanksgiving
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may
by resolution designate as holidays.
b. Each 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.
7.2 Application of Holiday Credit. The following
provisions indicate how holiday credit is to be applied:
a. Employees on the five (5) day forty (40) hour
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
PDOCC - 33 - 1996-98 MOU
employees on the regular schedule; conversely,
such employees will not receive credit for any
holiday not observed by employees on the regular
schedule even though they work the holiday.
C. Employees will be paid their basic salary rate for
holidays actually worked in addition to regular pay
for the holiday.
If a holiday falls on the days off of an employee on a
schedule other than Monday through Friday, the employee
shall be given credit for their basic salary rate or granted
time off on the employee's next scheduled work day.
If any holiday listed above falls on a Saturday, it shall be
celebrated on the preceding Friday. If any holiday listed in
Section 7.1 falls on a Sunday, it shall be celebrated on the
following Monday.
7.3 Holiday Credit for 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.
SECTION 8 - VACATION LEAVE
8.1 Vacation Allowance.
A. Exempt Medical Staff members in permanent
positions are entitled to vacations with pay which
PDOCC - 34 - 1996-98 MOU
accrue according to and may be cumulated to
maximums set fort-,to',
in the table below. Accrual is
by hours of working time per calendar month of
service and begins on the date of appointment to
a permanent position, except that increased
accruals granted in recognition of long service
being on the first of the month following the month
in which the Exempt Medical Staff Member accrues
the time set forth in Subsection (b), and except that
accrual for portions of a month shall be in minimum
amounts of one-tenth hour calculated on the same
basis as for partial month compensation pursuant
to Section 5.9. Vacation credits may be used only
after completion of six months service in a
permanent position but may be used by Exempt
Medical Staff Members to supplement exhausted
sick leave in cases of absence during the first six
months, and in addition, by Exempt Medical Staff
Resident Physicians in order to reconcile vacation
schedules to training needs.
An Exempt Medical Staff Resident Physician who
is required by the Department to schedule his/her
vacation at the sole convenience of the
Department in order to accommodate training
needs shall have the equivalent of one (1 ) year's
accrual of vacation credited at the beginning of
each fiscal year's training program to
accommodate Departmental vacation scheduling
prior to regular accruals on a monthly basis.
Exempt Medical Staff Resident Physicians may
utilize this vacation account credit in advance of
the date the vacation is regularly accrued under
the provisions applying to all Exempt Medical Staff
Physicians.
PDOCC - 35 - 1996-98 MOU
However, Resident Physicians who terminate
before the end of a fiscal year's training program
shall have their vacation credit account adjusted
downward to equal the pro rata vacation they
would have accrued on the regular accrual plan. If
a Resident Physician uses vacation accruals in
excess of the adjusted entitlement computed
effective on his/her separation, the Resident shall
reimburse the County for the excess vacation
accruals taken at his/her then current pay rate.
No vacation shall be allowed in excess of actual
accrual at the time vacation is taken. On
separation from County service Exempt Medical
Staff Members shall be paid for any unused
vacation credits at their then current pay rate.
B. The rates at which vacation credits accrue, and the
maximum cumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
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
8.2 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.
PDOCC - 36 - 1996-98 MOU
8.3 Vacation Allowance: for Separated Employees.
On separation from County service, an employee shall be
paid for any unused vacation credits at the employee's then
current pay rate.
8.4 Vacation Preference. Vacation requests for
Exempt Medical Staff Physicians in the Hospital and Clinics
which are received in the Medical Staff Office at least thirty-
five days in advance will be responded to within ten days of
receipt of the request and will be approved or denied based
on the overall staffing considerations for the time requested.
Vacation requests which are received less than thirty-five
days in advance will also be considered but preference will
be given to those requests submitted with more than thirty-
five days advance notice. Approved vacations will not be
canceled except under extreme circumstances.
SECTION 9 - SICK LEAVE
9.1 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.
9.2 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 and Memoranda
of Understanding. Employees who work a portion of a
month are entitled to a pro rata share of the monthly sick
PDOCC - 37 - 1996-98 MOU
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 minutes) 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 separation is involuntary and related to
budget reductions, in which case the employee may petition
the County to restore accumulated credits if that employee
is reemployed within two years.
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.
9.3 Policies Governing the Use of Paid Sick Leave.
As indicated above, the primary purpose of paid sick leave
is to ensure employees against loss of pay for temporary
absences from work due to illness or injury. The following
definitions apply:
Immediate Family means and includes only the spouse, son,
stepson, daughter, stepdaughter, father, stepfather, mother,
stepmother, brother, sister, grandparent, grandchild, father-
in-law, mother-in-law, daughter-in-law, son-in-law, brother-
in-law, sister-in-law, foster children, aunt, uncle, niece,
nephew, 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
PDOCC - 38 - 1996-98 MOU
claimed as a "dependent" f6r`)R8' reporting purposes by the
employee.
Employ means any person employed by Contra Costa
County in an allocated position in the County service.
Paid Sick Leave Credits means those sick leave credits
provided for by County Salary Regulations and memoranda
of understanding.
Condition/Reason: With respect to necessary verbal
contacts and confirmations which occur between the
department and the employee when sick leave is requested
or verified, a brief statement in non-technical terms from the
employee regarding inability to work due to injury or .illness
is sufficient.
Accumulated paid sick leave credits may be used, subject
to appointing authority approval, by an employee in pay
status, but only in the following instances:
a. Temporary Illness or Injury of an Employ. Paid
sick leave credits may be used when the employee
is off work because of a temporary illness or injury.
b. Permanent Disability Sick Leave. Permanent
disability means the employee suffers from a
disabling physical injury or illness and is thereby
prevented from engaging in any County occupation
for which the employee is qualified by reason of
education, training or experience. Sick leave may
be used by permanently disabled employees until
all accruals of the employee have been exhausted
or until the employee is retired by the Retirement
Board, subject to the following conditions:
PDOCC - 39 - 1996-98 MOU
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 thirty (30) days of the start of
use of sick leave for permanent disability.
3. The appointing authority may review medical
evidence and order further examination as
deemed necessary, and may terminate use of
sick leave when such further examination
demonstrates that the employee is not
disabled, or when the appointing authority
determines that the medical evidence
submitted by the employee is insufficient, or
where the above conditions have not been
met.
C. Communicable Disease. An employee may use
paid sick leave credits when under a physician's
order to remain secluded due to exposure to a
communicable disease.
d. Sick Leave Utilization for Pregnancy Disability.
Employees whose disability is caused or
contributed to by pregnancy, miscarriage, abortion,
childbirth, or recovery therefrom, shall be allowed
to utilize sick leave credit to the maximum accrued
by such employee during the period of such
disability under the conditions set forth below:
1 . Application for such leave must be made by
the employee to the appointing authority
accompanied by a written statement of
PDOCC - 40 - 1996-98 MOv
disability ffom., the employee's attending
physician. The statement must address itself
to the employee is general physical condition
having considered the nature of the work
performed by the employee, and it must
indicate the date of the commencement of the
disability as well as the date the physician
anticipates the disability to terminate.
2. If an employee does not apply for leave and
the appointing authority believes that the
employee is not able to properly perform her
work or that her general health is impaired due
to disability caused or contributed to by
pregnancy, miscarriage, abortion, childbirth or
recovery therefrom the employee shall be
required to undergo a physical examination by
a physician selected by the County. Should
the medical report so recommend, a
mandatory leave shall be imposed upon the
employee for the duration of the disability.
3. Sick leave may not be utilized after the
employee has been released from the hospital
unless the employee has provided the County
with a written statement from her attending
physician stating that her disability continues
and the projected dates of the employee's
recovery from such disability.
e. Medical and Dental Appointments. An employee
may use paid sick leave credits:
PDOCC - 41 - 1996-98 MOU
1 . For working time used in keeping medical and
dental appointments for the employee's own
care; and
2. For working time used by an employee for
prescheduled medical and dental
appointments for an immediate family
member.
f. Emergency Care of Family. An employee may use
paid sick leave credits for working time used in
cases of illness or injury to an immediate family
member.
g. Death of Family Member. An employee may use
paid sick leave credits for working time used
because of a death in the employee's immediate
family or of the employee's domestic partner, but
this shall not exceed three working days, plus up to
two days of work time for necessary travel. Use of
additional accruals including sick leave when
appropriate may be authorized in conjunction with
the bereavement leave at the discretion of the
appointing authority.
h. Legal Adoption of a Child. Paid sick leave credits
may be used by an employee upon adoption of the
child.
I. 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/she is on vacation but the
PDOCC - 42 - 1996-98 MOv
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.
9.4 Administration of Sick Leave. The proper
administration of sick leave is a responsibility of the
employee and the department head. Unless otherwise
provided in the supplemental sections of this MOU, 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.
PDOCC - 43 - 1996-98 MOU
4. Employees are encouraged to keep the
department advised of (1) a current telephone
number to which sick leave related inquiries
may be directed, and (2) any condition(s)
and/or restriction(s) that may reasonably be
imposed regarding specific locations and/or
persons the department may contact to verify
the employee's sick leave.
b. Department Responsibilities. The use of sick leave
may properly be denied if these procedures are not
followed. Abuse of sick leave on the part of the
employee is cause for disciplinary action.
Departmental approval of sick leave is a
certification of the legitimacy of the sick leave
claim. The department head or designee may
make reasonable inquiries about employee
absences. The department may require medical
verification for an absence of three (3) or more
working days. ' The department may also require
medical verification for absences of less than three
(3) working days for probable cause if the
employee had been notified in advance in writing
that such verification was necessary. Inquiries
may be made in the following ways:
1 . Calling the employee's residence telephone
number or other contact telephone number
provided by the employee if telephone
notification was not made in accordance with
departmental sick leave call-in guidelines.
These inquiries shall be subject to any
restrictions imposed by the employee.
PDOCC - 44 - 1996-98 MOU
2. Obtaining the . employee's signature on the
Absence/Overtime Record, or on another form
established fore that purpose, as employee
certification of the legitimacy of the claim.
3. Obtaining the employee's written statement of
explanation regarding the sick leave claim.
4. Requiring the employee to obtain a
physician's certificate or verification of the
employee's illness, date(s) the employee was
incapacitated, and the employee's ability to
return to work, as specified above.
5. In absences of an extended nature, requiring
the employee to obtain from their physician a
statement of progress and anticipated date on
which the employee will be able to return to
work, as specified above.
Department heads are responsible for
establishing timekeeping procedures which
will insure the submission of a time card
covering each employee absence and for
operating their respective offices in
accordance with these policies and with
clarifying regulations issued by the Office of
the County Administrator.
To help assure uniform policy application, the
Human Resources Director or designated
management staff of the County Human
Resources Department should be contacted
with respect to sick leave determinations
about which the department is in doubt.
PDOCC - 45 - 1996-98 MOU
9.5 Disabili
A. An employee physically or mentally incapacitated
for the performance of duty is subject to dismissal,
suspension or demotion, subject to the County
Employees Retirement Law of 1937. An appointing
authority after giving notice may place an
employee on leave if the appointing authority has
filed an application for disability retirement for the
employee, or whom the appointing authority
believes to be temporarily or permanently
physically or mentally incapacitated for the
performance of the employees duties.
B. An appointing authority who has reasonable cause
to believe that there are physical or mental health
conditions present in an employee which endanger
the health or safety of the employee, other
employees, or the public, or which impair the
employee's performance of duty, may order the
employee to undergo at County expense and on
the employees paid time a physical, medical and/or
psychiatric examination by a licensed physician
and receive a report of the findings on such
examination. If the examining physician
recommends that treatment for physical or mental
health problems, including leave, are in the best
interests of the employee or the County in relation
to the employee overcoming any disability and/or
performing his or her duties the appointing
authority may direct the employee to take such
leave and/or undergo such treatment.
PDOCC - 46 - 1996-98 MOU
C. Leave due to tem'Oorary or permanent disability
shall be without prejudice to the employee's right to
use sick leave, vad tion, or any other benefit to
which the employee is entitled other than regular
salary. The Human .Resources 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/she deems necessary in accordance with
appropriate provisions of this MOU.
9.6 Workers' Compensation. A permanent non-safety
employee shall receive 88% of regular monthly salary during
any period of compensable temporary disability absence not
to exceed one year. For all accepted claims filed with the
County on or after January 1 , 1997, the percentage of pay
for employees entitled to Workers' Compensation shall be
decreased from 88% to 87%. All savings generated will be
used toward offsetting chargeable increases in County
subvention of premiums for health and dental plans. If
Workers' Compensation becomes taxable, the County
agrees to restore the former benefit level (100% of monthly
salary) and the parties shall meet and confer with respect to
funding the increased cost.
PDOCC - 47 - 1996-98 MOU
A. Employees who leave work as a result of an on-
the-job injury will have the balance of that day
charged to sick leave and/or vacation accruals.
This will be considered as the last day worked for
purposes of determining Workers' Compensation
benefits.
B. Three (3) consecutive calendar days following the
last day worked constitutes a waiting period before
Workers' Compensation starts. The time the
employee is scheduled to work during this waiting
period will be charged to the employee's sick leave
and/or vacation accruals. In order to qualify for
Workers' Compensation the employee must be
under the care of a physician. Temporary
compensation is payable on the first three (3) days
of disability when the injury necessitates
hospitalization, or, when the disability exceeds
fourteen (14) days.
A permanent employee shall receive 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 by him/her from any
County funded wage replacement program. No
charge shall be made against sick leave or
vacation for these salary payments. Sick leave and
PDOCC - 48 - 1996-98 MOU
vacation rights shat "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 from the date of injury, whichever
comes first. All continuing pay under the Workers'
Compensation Program will be cleared through the
County Administrator's Office, Risk Management
Division.
Whenever an employee who has been injured on
the job and has returned to work is required by an
attending physician to leave work for treatment
during working hours the employee * shall be
allowed time off up to three (3) hours for such
treatment without loss of pay or benefits. This
provision applies only to injuries that have been
accepted by the County as a job connected injury.
D. If an injured employee remains eligible for
temporary disability beyond one year, applicable
salary will continue by integrating sick leave and/or
vacation accruals with workers' compensation
benefits (vacation charges to be approved by the
department and the employee). If salary integra-
tion is no longer available, workers' compensation
benefits will be paid directly to the employee as
prescribed by workers' compensation laws.
PDOCC - 49 - 1996-98 MOU
E. Rehabilitation Integration. An injured employee
who is eligible for workers' compensation
rehabilitation temporary disability benefits and
whose disability is medically permanent and
stationary will continue to receive full salary by
integrating sick leave and/or vacation accruals with
workers' compensation rehabilitation temporary
disability benefits until those accruals are
exhausted. Thereafter, the rehabilitation temporary
disability benefits will be paid directly to the
employee.
F. Health Insurance. The County contribution to the
employee's group insurance plan(s) continues
during the continuing pay period and during
integration of sick leave or vacation with workers'
compensation benefits.
G. Method of Inte_ ration. 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
For example: W = $960.00/mo. Workers' Compensation
S = $1667.00 per month salary
8 = 8 hours
C = Hours to be charged to Sick Leave
C = 8 1 - ($960 = $1 ,667)
C = 8 1 - (.5758)
C = 8 (.4242)
C = 3.39
3 hours chargeable to sick leave
5 hours chargeable to Workers' Comp.
PDOCC - 50 - 1996-98 MOU
9.7 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.
SECTION 10 - LEAVE OF ABSENCE
10.1 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.
10.2 General Administration - Leaves of Absence.
Requests for leave of absence without pay shall be made
upon forms prescribed by the Director of Human Resources
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.
Insofar as pregnancy disability leave is used under Section
9.3.d, that time will not be considered a part of the eighteen
(18) week family leave period. Additionally, an employee
may choose to remain in a pay status by using available sick
leave (under conditions specified in Section 9.3 - Policies
Governing the Use of Paid Sick Leave), vacation, floating
holiday or compensatory time off entitlements during the
eighteen (18) week family leave; however, use of accruals
must be on a continuous basis from the beginning of the
family leave period and may not be broken into segments
PDOCC - 51 - 1996-98 MOU
used on a monthly basis. Family leave must be requested
at least thirty (30) days prior to the scheduled leave
commencement date unless an exigency arises.
A. Leave without pay may be granted for any of the
following reasons:
1 . illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will 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 thirty (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 period not to
exceed one (1 ) year, provided the appointing
authority may extend such leave for additional
periods. Procedure in granting extensions shall be
the same as that in granting the original leave,
provided that the request for extension must be
PDOCC - 52 - 1996-98 MOU
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 eighteen (18) weeks in each
calendar year period in accord with Section 10.4 -
Family Care Leave or Medical Leave, 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 Human Resources
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 condition, the
decision of the appointing authority on granting or
denying leave or early return from leave shall be
subject to appeal to the Human Resources Director
and not subject to appeal through the grievance
procedure set forth in this MOU.
10.3 Military Leave. Any employee who is ordered to
serve as a member of the State Militia or the United States
Army, Navy, Air Force, Marine Corps, Coast Guard or any
division thereof shall be granted a military leave for the
period of such service, plus ninety (90) days. Additionally,
any employee who volunteers for service during a
PDOCC - 53 - 1996-98 MOU
mobilization under Executive Order of the President or
Congress of the United States and/or the State Governor in
time of emergency, shall be granted a leave of absence in
accordance with applicable federal or state 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, 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 Human Resources may deem necessary.
10.4 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 (less if so requested by the
employee) leave 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
PDOCC - 54 - 1996-98 MOU
b. family care leave of absence without pay for
reason of the birth of a child of the employee, the
placement 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.
The employee may be asked to provide certification of the
need for family care leave or medical leave. Additional
period(s) of family care or medical leave may be granted by
the appointing authority.
The eighteen (18) weeks' 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 eighteen (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 10.8 - Leave
Without Pay - Use of Accruals, below. When paid leave
accruals are used for a medical or family care leave, such
time shall be counted as part of the eighteen (18) week
entitlement.
In the situation where husband and wife are both employed
by the County, the family care or medical leave entitlement
based on the birth, adoption or foster care of a child is
limited to an aggregate for both employees together of
eighteen (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.
PDOCC - 55 - 1996-98 MOU
For medical and family care leaves of absence under this
section, the following definitions apply:
Child: A biological, adopted, or foster child, stepchild, 'legal
ward, conservatee or a child who is under eighteen (18)
years of age for whom an employee stands in loco parentis
or for whom the employee is the guardian or conservator or
an adult dependent child of the employee.
Parent: A biological, foster, or adoptive parent, a stepparent,
legal guardian, conservator, or other person standing in loco
parentis to a child.
Spouse: A partner in marriage as defined in California Civil
Code Section 4100.
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.
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 (eg. physician or surgeon) as defined by state
and federal law.
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:
PDOCC - 56 - 1996-98 MOU
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;
4. a statement that the serious health condition
warrants the participation of a family member to
provide care during a period of treatment, or
supervision;
5. 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.
Certification for 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;
5. if for intermittent leave or a reduced work schedule
leave, the certification should indicate the medical
PDOCC - 57 - 1996-98 MOU
necessity for the intermittent leave or reduced
leave schedule and its expected duration.
Comparable Position: A position with the same or similar
duties and pay which can be performed at the same or
similar geographic location as the positions 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), or other staffing may have changed during an
employee's leave.
10.5 Pregnancy Disability Leave. Insofar as pregnancy
disability leave is used under Section 9.3.d - Sick Leave
Utilization for Pregnancy Disability, that time will not be
considered a part of the eighteen (18) week family care
leave period.
10.6 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 10.8 - Leave Without Pay-Use of Accruals, below.
During the eighteen (18) weeks of an approved medical or
family care leave under Section 10.4 - family Care Leave or
Medical Leave, 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 10.8. 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.
PDOCC - 58 - 1996-98 MOU
10.7 Unauthorized Absence. An unauthorized absence
from the work site or failure to report for duty after a leave
request has been disapproved; revoked, or cancelled by the
appointing authority, or at the expiration of a leave, shall be
without pay. Such absence may also be grounds for
disciplinary action.
10.8 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 9.3 - 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
(12) 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, except when required by LTD Benefit
Coordination or as provided in the sections below.
B. Family Care or Medical Leave. During the eighteen
(18) weeks of an approved medical or family care
leave, if a portion of that leave will be on a leave of
absence without pay, the employee will be required
to use at least 0.1 hour of sick leave (if so entitled
under Section 9.3 - 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
PDOCC - 59 - 1996-98 MOU
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
eighteen (18) week entitlement period of a medical
leave specified in Section 10.4 - Family Care
Leave or Medical Leave above. If an eligible
employee continues beyond the eighteen (18)
week 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
9.3 - Policies Governing the Use of Paid Sick
Leave.
10.9 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 department.
10.10 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
PDOCC - 60 - 1996-98 MOU
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.
10.11 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.
10.12 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 5.9 - 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
PDOCC - 61 - 1996-98 MOU
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 7 - Holidays,
Subsection 7.1 .b, Section 8 - Vacation Allowance, and
Section 9 - Sick Leave, 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.
SECTION 11 - JURY DUTY AND WITNESS DUTY
A. 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 for a Coroner's
jury, employees may remain in their regular
pay status, or they may take paid leave
(vacation, floating holiday, etc.) or leave
PDOCC - 62 - 1996-98 MOU
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 allowances),
the employee shall obtain from the Clerk
or Jury Commissioner a certificate
indicating the days attended and noting
that fees other than mileage are waived
or surrendered. The employee shall
furnish the court certificate to his/her
department where it shall be retained as
a department record . No
"Absence/Overtime Record" must be
submitted to the department payroll clerk.
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.
5. Employees are not permitted to engage in any
employment regardless of shift assignment or
occupation before or after daily jury service
PDOCC - 63 - 1996-98 MOU
that would effect 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.
B. Witness Duty. Employees called upon as a witness
or an expert witness in a case arising in the course
of their work or the work of another department
may remain in their regular pay status and turn
over to the County all fees and expenses paid to
them other than mileage allowance or they may
take vacation leave or leave without pay and retain
all fees and expenses. Part-time employees who
give depositions on a regular day off will be paid at
the straight time* rate. Scheduling of depositions
PDOCC - 64 - 1996-98 MOU
which would incur premium pay shall be at the
discretion of the appointing authority or designee.
Employees called to serve as witnesses in private
cases or personal matters (e.g., accident suits and
family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to
them.
Retention or waiver of fees shall be governed by
the same provisions as apply to jury duty as set
forth above. Employees shall advise their
department as soon as possible if scheduled to
appear for witness duty. Permanent-intermittent
employees are entitled to paid witness duty only for
those days on which they were previously
scheduled to work.
SECTION 12 - HEALTH & WELFARE, LIFE & DENTAL
CARE
12.1 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, Qualmed Health Plan, and the
Contra Costa County Health Plan, to all permanent full time
and part-time employees regularly scheduled to work twenty
(20) or more hours per week. During the term of this MOU,
all conditions and agreements regarding health, dental and
related benefits contained in the January 13, 1994
Agreement (attached as Exhibit C) between the County and
the Labor Coalition shall be in effect.
PDOCC - 65 - 1996-98 MOU
\7
12.2 Rate Information. The County Benefits Division
will make health and dental plan rate information available
upon request to employees and departments. In addition,
the County Benefits Division will publish and distribute to
employees and departments information about rate changes
as they occur during the year.
12.3 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.
12.4 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.
PDOCC - 66 - 1996-98 MOv
12.5 Coverage During Absences. An employee who
is on approved leave of absence may convert to individual
health plan coverage within thirty (30) days of the
commencement of leave.
Employees shall be allowed to maintain their health plan
coverage at the County group rate for twelve (12) months if
on approved leave of absence provided that the employee
shall pay the entire premium (i.e. both employer and
employee share) for the health plan during said leave. Said
payment shall be made by the employee at a time and place
specified by the County. Late payment shall result in
cancellation of health plan coverage.
An employee on leave in excess of twelve (12) months may
continue health plan coverage by converting to an individual
health plan option (if available) or continuing group coverage
subject to the provisions of the Consolidated Omnibus
Budget Reduction Act (COBRA) provided the employee
pays the entire cost of coverage, plus any administrative
fees, for the option selected. The entire cost of coverage
shall be paid at a place and time specified by the County.
Late payment may result in cancellation of health plan
coverage with no reinstatement allowed.
12.6 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.
12.7 Deferred Retirement. Effective January 1 , 1997,
employees who resign and file for a deferred retirement may
PDOCC - 67 - 1996-98 MOU
continue in their County group health and dental plan; the
following conditions and limitations apply:
a. Life insurance coverage is not included.
b. To be eligible to continue health and dental
coverage, the employee must:
1 . be qualified for a deferred retirement under
the 1937 Retirement Act provisions.
2. be an active member of a County group health
and/or dental plan at the time of filing their
deferred retirement application and elect to
continue health benefits.
3. be eligible for a monthly allowance from the
Retirement System and direct receipt of a
monthly allowance within twenty-four (24)
months of their application for deferred
retirement.
4. file an election to defer retirement and to
continue health benefits hereunder with the
County Benefits Division within thirty (30) days
before their separation from county service.
C. Deferred retirees who elect continued health
benefits hereunder may maintain continuous
membership in their County health and/or dental
plan group during the period of deferred retirement
at their full personal expense, by paying the full
premium for their health and dental coverage on or
before the 11 th of each month to the Auditor-
Controller. When they begin to receive retirement
PDOCC - 68 - 1996-98 MOU
benefits, they will qualify for the same health
and/or dental plan coverage and county subvention
to which retirees who did not defer retirement are
entitled.
d. Deferred retirees who elect continued health
benefits hereunder may elect not to maintain
participation in their county health and/or dental
plan during their deferred retirement period; and
may instead qualify for the same coverage and
county subvention in any County health and/or
dental plan when they begin to receive retirement
benefits as retirees who did not defer retirement
are entitled; provided reinstatement to a County
group health and/or dental plan with county
subvention occurs no sooner than the first of the
month following a full three (3) calendar month
waiting period after the commencement of their
monthly allowance.
e. Eligibility for County subvention will not exist
hereunder unless and until the member draws a
monthly retirement allowance within not more than
twenty-four (24) months after separation from
County service.
f. Deferred retirees are required to meet the same
eligibility provisions for health/dental plans as
active/retired employees.
12.8 Dual Coverage. If a husband and wife both work
for the County and one of them is laid off, the remaining
eligible shall be allowed to enroll or transfer into the health
coverage combination of his/her choice.
PDOCC - 69 - 1996-98 MOU
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.
12.9 Health Care Spending Account. Effective January
11 1997, the County will offer regular full-time and part-time
(20/40 or greater) County employees the option to
participate in a Health Care Spending Account (HCSA)
Program designed to qualify for tax savings under Section
125 of the Internal Revenue Code, but such savings are not
guaranteed. The HCSA Program allows employees to set
aside a pre-determined amount of money from their
paycheck, not to exceed $2400 per year, for health care
expenses not reimbursed by any other health benefits plan
with before-tax dollars. HCSA dollars can be expended on
any eligible medical expenses allowed by Internal Revenue
Code Section 125. Any unused balance cannot be
recovered by the employee.
12.10 Wellness Incentive Program. A broad-based pilot
Wellness Incentive Program will be developed with input
from the joint Labor/Management Wellness Committee. The
purpose of this program will be to reward County employees
with incentives for participating in Wellness Program
activities and encourage them to live healthier lifestyles.
The Wellness Committee will work closely with the Human
Resources Department on program design and
implementation.
A. Program Design. The Wellness Incentive Program
design will include the development of additional
PDOCC - 70 - 1996-98 MOU
wellness activities to 'compliment the current
Employee Wellness Program schedule and
collaboration with health plan carriers to develop
special programs and activities for County
employees and to encourage participating in their
established wellness activities. Special emphasis
will be placed on supporting major programs such
as Smoking Cessation, Nutrition/Weight Loss,
Brown Bag Seminars, Health Screenings, and
Health Fairs.
B. Format. A point value system for program
participation will be developed wherein each
wellness activity and program will be assigned a
point value. Points will accumulate and incentive
prizes will be awarded to employees upon realizing
certain point levels. The value of the prizes will
increase with higher point values and one (1 )
grand prize will be awarded each year to the
employee with the highest number of points.
C. Incentives. A series of incentive prizes will be
assigned to certain point values. In addition,
recognition for employee and department
participation will be an important aspect of the
Wellness Incentive Program.
D. Referral. The parties agree to refer the Wellness
Incentive Program to the Wellness Committee for
its consideration.
12.11 Child Care. The County will continue to support
the concept of non-profit child care facilities similar to the
"Kids at Work" program established in the Public Works
Department.
PDOCC - 71 - 1996-98 MOU
12.12 Confidentiality of Information/Records. Any use
of employee medical records will be governed by the
Confidentiality of Medical Information Act (Civil Code
Sections 56 to 56.26).
12.13 PERS Long Term Care. The County proposes to
deduct and remit monthly premium and eligible lists to the
PERS Long Term Care Administrator, at no County
administrative cost, for County employees who are eligible
and voluntarily elect to purchase long term care through the
PERS Long Term Care Program.
The County further agrees that County employees interested
in purchasing PERS Long Term Care may participate in
meetings scheduled by PERS Long Term Care in County
facilities during non-work hours (i.e. coffee breaks, lunch
hour).
SECTION 13 - RESIGNATIONS
An employee's voluntary termination of service is a
resignation. Written resignations shall be forwarded to the
Human Resources Department by the appointing authority
immediately on receipt, and shall indicate the effective date
of termination. Oral resignation shall be immediately
confirmed by the appointing authority in writing to the
employee and to the Human Resources Department and
shall indicate the effective date of termination.
13.1 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
PDOCC - 72 - 1996-98 MOU
consents to the employee's terminating on shorter notice) is
a resignation in good standing.
13.2 Constructive Resignation. A constructive
resignation occurs and is effective when:
a. An employee has been absent from duty for five
(5) consecutive working days without leave; and
b. five (5) more consecutive work days have elapsed
without response by the employee after the mailing
of a notice of resignation by certified mail by the
appointing authority to the employee at the
employee's last known address.
13.3 Expressed Resignation. A resignation is effective
when delivered or spoken to the appointing authority,
operative either on that date or another date specified.
13.4 - Revocation. A resignation that is effective is
revocable only by written concurrence of the employee and
the appointing authority.
13.5 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 Human Resources and a copy to
the appointing authority.
B. Reinstatement. If the appointing authority
acknowledges that the employee could have
PDOCC - 73 - 1996-98 MOU
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.
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 Director of Human
Resources.
D. Disposition. If the Director of Human Resources
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 pay,
subject to the employee's duty to mitigate
damages.
SECTION 14 - DISMISSAL, SUSPENSION, DEMOTION OR
REDUCTION IN PAY
14.1 Sufficient Cause for Action. The appointing
authority may dismiss, suspend, temporarily reduce the pay
of, or demote any employee for cause. The reduction in pay
may not exceed five percent (5%) for a three month period.
The following are sufficient causes for such action; the list is
indicative rather than inclusive of restrictions and dismissal,
suspension or demotion may be based on reasons other
than those specifically mentioned:
a. absence without leave,
PDOCC - 74 - 1996-98 MOU
b. conviction of any criminal act involving moral
turpitude,
C. conduct tending to bring the County into disrepute,
d. disorderly or immoral conduct,
e. 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 assigned
responsibilities),
I. negligent or willful damage to public property or
waste of public supplies or equipment,
j. violation of any lawful or reasonable regulation or
order given by a supervisor or Department Head,
k. willful violation of any of the provisions of the
County's ordinance,
I. material and intentional misrepresentation or
concealment of any fact in connection with
obtaining employment,
M. misappropriation of County funds or property,
PDOCC - 75 - 1996-98 MOU
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 working
environment,
r. restriction or revocation of medical staff privileges.
14.2 Notice of Proposed Action. Before taking a
disciplinary action to dismiss, suspend, for more than five (5)
work days, temporarily reduce the pay of, or demote an
employee, the appointing authority shall cause to be served
personally or by certified mail, on the employee, a Notice of
Proposed Action, which shall contain the following:
a. A statement of the action proposed to be taken.
b. A copy of the charges; including the acts or
omissions and grounds upon which the action is
based.
PDOCC - 76 - 1996-98 MOU
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.
14.3 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 an extension, the right to
respond is lost.
14.4 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.
14.5 Length of Suspension. Suspensions without pay
shall not exceed thirty (30) days unless ordered by an
arbitrator or an adjustment board.
PDOCC - 77 - 1996-98 MOU
14.6 Procedure on Dismissal, Suspension,
Disciplinary Demotion, or Reduction in Pay.
A. In any disciplinary action to dismiss, suspend,
temporarily reduce the pay of, or demote a
permanent employee after having complied with
the requirements of Section 14.2 where
applicable, the appointing authority shall make an
order in writing stating specifically the causes for
the action.
B. Service of Order. Said order of dismissal,
suspension, temporary reduction in pay, or
demotion shall be filed with the Director of Human
Resources, showing by whom and the date a copy
was served upon the employee to be dismissed,
suspended, temporarily reduced in pay, or
demoted, either personally or by certified mail to
the employee's last known mailing address. The
order shall be effective either upon personal
service or deposit in the U. S. Postal Service.
C. Employee Appeals from Order. The employee
may appeal an order of dismissal, suspension,
temporary reduction in pay, or demotion through
the procedures of Section 15 - Grievance
Procedure, of this MOU provided that such appeal
is filed in writing with the Human Resources
Director within ten (10) calendar days after service
of said order.
14.7 Employee Representation Rights. The County
recognizes an employee's right to representation during any
disciplinary interview or meeting which . may result in
PDOCC - 78 - 1996-98 MOU
discipline. The County will not interfere with the
representative's right to assist an employee to clarify the
facts during the interview.
SECTION 15 - GRIEVANCE PROCEDURE
15.1 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
interpretation or application of those provisions not being
subject to the grievance procedure. PDOCC may represent
the employee at any stage of the process. Grievances must
be filed within thirty (30) days of the incident or occurrence
about which the employee claims to have a grievance, and
shall be processed in the following manner:
Step 1 . Any employee, group of employees, or employee
organization who believes that a provision of this MOU has
been misinterpreted or misapplied to his or her detriment
shall discuss the complaint with the employee's immediate
supervisor, who shall meet with the employee within five (5)
days of receipt of a written request to hold such meeting.
Step 2. If a grievance is not satisfactorily resolved in Step
1 above, the 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
PDOCC - 79 - 1996-98 MOU
each written communication on a grievance shall be filed
with the Director of Human Resources. The Department
Head or his or her designee shall have ten (10) work days
in which to respond to the grievance in writing.
Step 3. If a grievance is not satisfactorily resolved in Step
2 above, the employee may appeal in writing within ten (10)
work days to the Human Resources Director. The Human
Resources Director or his/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 Human Resources Director or
designee. If the parties are unable to reach a mutually satis-
factory accord on any grievance which arises and is
presented during the term of this MOU, such grievance shall
be submitted to an Adjustment Board comprised of three (3)
PDOCC representatives, no more than two (2) of whom shall
be either an employee of the County or an elected or
appointed official of PDOCC presenting this grievance, and
three (3) representatives of the County, no more than two
(2) of whom shall be either an employee of the County or a
member of the staff of an organization employed to
represent the County in the meeting and conferring process.
The Adjustment Board shall meet 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
PDOCC - 80 - 1996-98 MOU
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 bet-
ween the employee and the Human Resources Director.
Such request shall be submitted within twenty (20) work
days of the rendering of the Adjustment Board decision.
Within twenty (20) work 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 employee and the
County. Each party, however, shall bear the costs of its own
presentation, including preparation and post hearing briefs,
if any.
15.2 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 PDOCC which
has been certified as the recognized employee
organization for such unit and unless such dispute
PDOCC _ 81 - 1996-98 MOU
falls within the definition of a grievance as set forth
in Subsection 15.1 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 written agreements
supplementary hereto or to establish any new
terms or conditions of employment.
D. If the Human Resources 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.
E. 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
PDOCC.
15.3 Time Limits. The time limits specified above may
be waived by mutual agreement of the parties to the
grievance. If the County fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will
automatically move to the next step. If an employee fails to
meet the time limits specified in Steps 1 through 5 above,
PDOCC - 82 - 1996-98 MOU
the grievance will be deemed to have been settled and
withdrawn.
15.4 PDOCC Notification. An official with whom a
formal grievance is filed by a grievant who is included in a
unit represented by PDOCC, but is not represented by
PDOCC in the grievance, shall give PDOCC a copy of the
formal presentation.
15.5 Compensation Complaints. All complaints
involving or concerning the payment of compensation shall
be initially filed in writing with the Human Resources
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, and 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 PDOCC.
15.6 Strike/Work Stoppage. During the term of this
MOU, PDOCC, 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.
PDOCC - 83 - 1996-98 MOU
In the case of a legally-declared lawful strike against a
private or public sector employer which has been sanctioned
and approved by the labor body or council having
jurisdiction, an employee who is in danger of physical harm
shall not be required to cross the picket line, provided the
employee advises his or her supervisor as soon as possible,
and provided further that an employee may be required to
cross a picket line where the performance of his or her
duties is of an emergency nature and/or failure to perform
such duties might cause or aggravate a danger to public
health or safety.
15.7 Filing by PDOCC. PDOCC 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.
SECTION 16 - RETIREMENT
16.1 Contribution. Pursuant to Government Code
Section 31581 .1 , the County will continue to pay fifty percent
(50%) of the retirement contributions normally required of
employees. Such payments shall continue for the duration
of this MOU, and shall terminate thereafter. Employees
shall be responsible for payment of the employees'
contribution for the retirement cost of living program as
determined by the Board of Retirement of the Contra Costa
County Employees' Retirement Union without the County
paying any part of the employees share. The County will
pay the remaining one-half (1/2) of the retirement cost-of-
living program contribution.
PDOCC - 84 - '1996-98 MOU
16.2 Tier III Retirement Plan. Subject to the enactment
of enabling legislation amending the 1937 Employees'
Retirement Act to allow such election, the County will permit
certain Tier II employees to elect a Tier III Retirement Plan
under the following conditions:
1 . The County and the Labor Coalition must agree on
the wording of the legislation and both parties must
support the legislation.
2. Except for disability, all benefit rights, eligibility for
and amounts of all other benefit entitlements for
Tier III, from and after the date of implementation,
shall be the same as Tier I. The disability benefits
for Tier III shall be the same as the current Tier II
disability provisions.
3. The amount of the employee's required retirement
contribution shall be established by the County
Employees' Retirement Association and shall be
based on the employee's age at entry into the
retirement system.
4. Employees represented by the Labor Coalition and
its member employee organizations (herein
referred to as `Labor Coalition'), enrolled in Tier II
who have attained five (5) years of retirement
credited service as of the effective date of the
enabling legislation shall have a six (6) month
period after such date to make a one time
irrevocable election of the Tier III Retirement Plan
expressed herein subject to action by the Board of
Supervisors to implement the Plan. Thereafter,
employees represented by the Labor Coalition
enrolled in Tier II who have attained five (5) years
PDOCC - 85 - 1996-98 MOU
of retirement credited service shall have a ninety
(90) day period to make a one time irrevocable
election of the Tier III Retirement Plan expressed
herein.
5. a. The County's employer contributions and
subvention of employee contributions for
Labor Coalition employees electing Tier III
which exceed those which would be required
for Tier II membership shall:
1 . be funded by reducing the general wage
increase agreed upon to be effective
October 1 , 1997, and the pay equity
amounts attributable thereto, by a
percentage sufficient to reduce the
County's wage obligation by three ($3)
million dollars per year; and the general
wage increase of all employees
represented by the Labor Coalition shall
be reduced accordingly; and
2. in the event the County's costs
attributable to the creation and operation
of Tier III exceed $3 million per year or
the County Employees' Retirement
Association's actuaries determine in
future years that the County's retirement
costs have increased and that the
increase is attributable to the creation of
Tier III and/or the impact of Tier I I I on the
County's retirement costs, such increase
shall be funded by reducing the general
wage increase(s) agreed upon in future
years, and the pay equity amounts
PDOCC - 86 - 1996-98 MOv
attributable thereto, to the extent that
future wage increases are granted; and
the general wage increase(s) of all
employees represented by the Labor
Coalition shall be reduced accordingly;
and,
3. in the event the County's costs
attributable to the Tier III Retirement Plan
are less than $3 million per year, the
difference shall be divided by twelve and
each twelfth shall be augmented by an
amount equal to the County's common
pooled fund interest which would have
accrued if one twelfth had been invested
in the first month of the past year, two
twelfths in the second month of the past
year and so forth; and,
4. any savings to the County resulting from
the creation and operation of Tier III shall
be used to offset future County retirement
cost increases attributable to the creation
and operation of Tier III; and
5. County savings shall be held in an
account by the Auditor-Controller which is
invested in the County's common pooled
fund and will accrue interest accordingly.
The County will report yearly to the Labor
Coalition on a) the beginning account
balance, b) the interest earned, c)
expenditures from the account to cover
increased costs resulting from the Tier III
PDOCC - 87 - 1996-98 MOU
Retirement Plan, and d) the ending
account balance.
b. Any increased costs to the County, due to Tier
III participation by employees not represented
by the Labor Coalition, shall not be funded by
reduction of general wage increases otherwise
due to the employees represented by the
Labor Coalition.
c. Subject to the provisions expressed above,
any and all additional employer and County-
paid employee contributions which exceed the
sum of the County's legally required
contributions under Tier II shall be recovered
by reducing general wage increases to the
employees represented by the Labor
Coalition.
d. -Any disputes regarding cost or savings shall
be subject to binding arbitration upon demand
of the Labor Coalition or the County.
6. a. The enabling legislation shall provide that the
Tier III Retirement Plan may be implemented
only by an ordinance enacted by the Board of
Supervisors.
b. Board of Supervisors' action to implement the
Tier III Retirement Plan shall be taken not
earlier than seven (7) months after the
effective date of the legislation plus thirty (30)
days after an actuarial report on the County
cost of the Plan is received by the County,
provided that before enactment of the
PDOCC _ 88 - 1996-98 MOU
ordinance, the Labor Coalition has not notified
the County in writing that a one percent (1 %)
wage increase shall be implemented by the
County effective October 1 , 1997, without
interest, in lieu of implementation of the Tier III
Retirement Plan.
7. The establishment of the Tier III Retirement Plan
pursuant to the terms of this Memorandum of
Understanding shall be subject to approval by the
Board of Retirement of the Contra Costa County
Employees' Retirement Association.
8. In the event the County is prevented from
implementing the Tier III Retirement Plan for any
reason on or before the termination date of this
MOU, the agreement of the parties regarding a Tier
111'Retirement Plan shall expire and a one percent
(1 %) lump sum wage increase shall be
implemented by the County within sixty (60) days
after the determination that Tier III cannot be
implemented or as soon thereafter as practicable
for the period covering October 1 , 1997 through
such termination date, without interest, in lieu of
the Tier III Retirement Plan.
SECTION 17 - EDUCATION REIMBURSEMENT
Permanent full time employees in classifications subject to
this MOU will be eligible for $500 each calendar year to be
applied to reimbursement for continuing education courses
and associated tests, medical books and journals, medical
on-line computer services (e.g. Grateful Med), computer
PDOCC - 89 - 1996-98 MOU
hardware and software, from a standardized County-
approved list or with appointing authority approval, provided
each employee complies with the provisions of the
Computer Use and Security Policy adopted by the Board of
Supervisors. Unused reimbursement entitlements may be
carried over to the next calendar year, but the maximum
reimbursement available in any calendar year may not
exceed twice the annual entitlement. Requests for
reimbursement must be submitted within ninety (90) days of
the date the expense was incurred. Permanent part-time
Medical Staff members assigned to positions of at least
twenty (20) hours per week shall be entitled to educational
reimbursement on a prorated basis.
SECTION 18 - PAID PERSONAL LEAVE/EDUCATIONAL
LEAVE
18.1 Paid Personal Leave. In lieu of overtime or
compensatory time off provisions, permanent full time
employees with three (3) years of service in classes covered
by this MOU, will be credited with five (5) days of paid
personal leave. Incumbents of the Resident Physician
classes are not eligible for paid personal leave but service
in such classes will count towards the three (3) years credit
to qualify for this benefit. Said leave will be pro-rated for
permanent part-time employees, but will not be credited for
permanent-intermittent (on-call) employees.
This leave must be used during the calendar year in which
credited and may not be carried forward. This paid personal
leave is separate from paid vacation and will be accounted
for accordingly. Upon separation from County service there
shall be no pay off for unused personal leave credits.
PDOCC _ 90 - 1996-98 MOU
18.2 Educational Leave:; Each permanent full time
employee with one (1) or more years of service shall be
entitled to five (5) days leave with pay each calendar year to
attend courses, institutions, workshops or classes which
meet requirements for American Medical Association
Category One Continuing Medical Education or recognized
by the National Specialty Organization appropriate to the
area of the employee's practice. Courses must be approved
in advance by the Department Head and the appointing
authority or designee, and must be completed prior to or
concurrent with the leave. Employees attending courses
which are scheduled and reimbursed by the Department and
attended during work hours shall not receive additional
leave.
Educational leave shall be scheduled in the same manner
as vacation leave. It must be used in the same calendar
year or the calendar year following the year the credit was
awarded.
An employee who attends an approved course on a date for
which he/she is not regularly scheduled to work or who
completes an approved home study course will be granted
exchange time off or paid for the equivalent number of hours
at his/her hourly base rate. The employee must indicate
his/her preference for time off or pay in advance of taking
the course. The final determination will be at the discretion
of the Director of Medical Staff Affairs or designee. If the
employee is granted exchange time off in lieu of pay, the
employee will receive a voucher from the Director of Medical
Staff Affairs or designee. An original copy of an educational
leave voucher, signed by the appointing authority or
designee may be required at the time the leave is
scheduled.
PDOCC - 91 - 1996-98 MOU
Permanent part-time employees shall be entitled to
educational leave on a pro-rated basis.
18.3 Other Leave. In recognition of the requirement to
attend mandatory meetings during non-work time,
permanent full time employees with six years of service will
receive an additional five (5) days paid leave. This leave will
be prorated for permanent part-time employees. This paid
leave will be credited at the beginning of each calendar year
and may not be carried forward. Upon separation from
County service, there shall be no payoff for unused credits.
Utilization of this leave shall be applied for and authorized in
accordance with Section 8.4 Vacation Preference.
SECTION 19 - MILEAGE
The mileage allowance for use of personal vehicles on
County business shall be paid according to the rates
allowed by the Internal Revenue Service and shall be
adjusted to reflect changes in this rate on the date it
becomes effective or the first of the month following
announcement of the changed rate by the Internal Revenue
Service, whichever is later.
SECTION 20 - 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 forty-eight (48) hours, exclusive of
PDOCC - 92 - 1996-98 MOU
Saturdays, Sundays and holidays from the time the
Department is made aware . of and verifies that the pay
warrant is in error. If the pay warrant error has occurred as
a result of a mistake by an employee (e.g. payroll clerk)
other than the employee who is receiving the pay, the error
will be corrected as soon as possible from the time the
department is made aware that 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. This
provision shall apply regardless of whether the error was
made by the employee, the appointing authority or
designee, the Director of Human Resources or designee, or
the Auditor-Controller or designee. Recovery of fraudulently
accrued over or underpayments are excluded from this
section for both parties.
When the County notifies an employee of an overpayment
and proposed repayment schedule and the employee
wishes to meet with the County, a meeting will be held at
which time a repayment schedule shall be determined.
If requested by the employee, a PDOCC representative may
be present at a meeting with management to discuss a
repayment schedule in the case of overpayments to the
employee.
SECTION 21 - SERVICE AWARDS
The County shall continue its present policy with respect to
service awards including time off provided, however, that the
PDOCC - 93 - 1996-98 MOU
type of award given shall be at the sole discretion of the
County.
SECTION 22 - UNFAIR LABOR PRACTICE
Either the County or PDOCC may file an unfair labor
practice as defined in Board of Supervisor's Resolution
81/1165 against the other. Allegations of an unfair labor
practice, if not resolved in discussions between the parties
within thirty (30) work days from the date of receipt, may be
heard and decided by a mutually agreed upon impartial third
party.
SECTION 23 - INSURANCE
23.1 Malpractice. County medical personnel covered
by this MOU are covered under the self-insurance trust
funds while working within their course and scope of
employment. The exception to coverage is fraud, corruption
or malice as defined in Government Code 825. The
Government Code confers appropriate authority on the
Board of Supervisors to administer the self-insurance
program. The Board approves all settlements over $20,000
and accepts or rejects the recommendations of the County's
attorneys and the Office of Risk Management regarding the
option of trial. Any issues or concerns, or request for
information regarding the administration of this plan may be
directed to the Appointing Authority or designee.
23.2 Long Term Disability Insurance. In 1994, the
County amended its existing long term disability income
protection program adopted by Resolution 82/1334 to
PDOCC - 94 - 1996-98 MOU
include Residents and to provide for eighty-five percent
(85%) replacement of basic monthly earnings, reduced by
any deductible benefits. Basic monthly earnings include
base salary step plus any stipend(s) computed as of the first
day of the month in which the disability commences or other
loss occurs. All other provisions of this plan remain
unchanged.
SECTION 24 - LENGTH OF SERVICE DEFINITION (For
Service Awards and 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
_ (2) years is reemployed in a permanent County position,
service credits shall include all credits accumulated at time
of separation, but shall not include the period of separation.
The Human Resources Director shall determine these
matters based on the employee status records in his
department.
SECTION 25 - PERMANENT PART-TIME EMPLOYEE
BENEFITS
Permanent part-time employees receive prorated vacation
and sick leave benefits. They are eligible for health, dental
and life insurance benefits at corresponding premium rates
providing they work at least fifty percent (50%) of full time.
PDOCC _ 95 - 1996-98 MOU
If the employee works at least fifty percent (50%) of full time,
County retirement participation is also included.
SECTION 26 - PERMANENT-INTERMITTENT EMPLOYEE
BENEFITS
Permanent-intermittent employees are eligible for prorated
vacation and sick leave benefits.
SECTION 27 - PERMANENT-INTERMITTENT EMPLOYEE
HEALTH PLAN
A permanent-intermittent employee may participate in the
County Group Health Plan if combined medical, dental and
life insurance coverage is wholly at the employee's expense
but at the group insurance rate. 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 28 - REDUCTION IN FORCE
It is understood between the parties that budget reductions
and program changes may cause separations and/or
reductions of hours affecting classes represented by
PDOCC. To the extent possible, the County shall provide
advance notice to PDOCC when represented positions are
PDOCC - 96 - 1996-98 MOU
affected by a reduction in force and, upon request of
PDOCC, the County shall meet and confer upon the impact
of any proposed reduction in force.
The practice privileges of any represented physician or
dentist shall not be affected by reduction in force.
SECTION 29 - PROBATIONARY PERIOD
Effective with Board of Supervisors' approval of the MOU,
upon initial appointment employees in classifications subject
to this MOU (excluding Exempt Medical Staff Resident
Physicians) shall serve a six (6) month probationary period
commencing on the date of appointment. The probationary
period shall not include time served in temporary
appointments or any period of continuous absence
exceeding fifteen (15) calendar days. Employees will receive
an evaluation during the probationary period.
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 Human
Resources receive from the appointing authority a statement
in writing that the services of the employee during the
probationary period were satisfactory and that the employee
is recommended for permanent appointment. If a clerical or
administrative error delays a probationary report and it is
determined that it was the intent of the appointing authority
to retain the probationer, the employee affected will not
suffer any loss of pay or benefits.
Employees will serve a probationary period unless at the
discretion of the appointing authority the probationary period
is waived for employees who have previously served one (1)
PDOCC - 97 - 1996-98 MOU
year or more in a permanent position in good standing in
this bargaining unit and who have not been separated from
County service for a period of more than five (5) years.
During the probationary period, employees are subject to
termination by the appointing authority without cause and
without right of appeal or compliance with Section 14 -
Dismissal, Suspension, Reduction in Pay, and Demotion, or
Section 15 - Grievance Procedure.
SECTION 30 - WORK RESTRUCTURING
The parties recognize that changes in federal and state
health care policies and in the practices of other health care
providers require that the County retain the capacity to plan
and carry out changes in the means by which county health
services are provided and in the work of represented
employees. The parties also recognize that changes in
federal, state and county health care policies may have
significant impact on the working conditions, practices and
careers of represented physicians and dentists.
Upon ratification of this MOU, the parties agree to
commence discussions regarding changes in employment
relationships and compensation structures in order to
provide cost reduction incentives. The changes to be
discussed may include, but are not limited to, alternate staff
compensation structures and the alteration of the
employment relationship of staff to create independent
physician associations. In the event of alternate
compensation or employment structures, such alternate
structures will have a target implementation date of January
1 , 1999.
PDOCC - 98 - 1996-98 MOU
The parties will meet and confer with respect to
implementation of changes by which county health services
are provided and with respect to the work and compensation
of represented employees. The parties will also meet and
confer with respect to terms and conditions of employment
associated with any such restructuring, including, but not
limited to job security and severance.
SECTION 31 - SPECIAL STUDIES/OTHER ACTIONS
Grievance Procedure. Representatives of the County shall
meet and confer with representatives of the Labor Coalition
in order to develop rules and guidelines governing the
conduct and administration of Adjustment Boards.
SECTION 32 - 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.
PDOCC - 99 - 1996-98 MOU
SECTION 33 - SCOPE AGREEMENT AND SEPARABILITY
OF PROVISION
33.1 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
the parties from changing the terms of this MOU by mutual
agreement.
33.2 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
jurisdiction, such invalidation of such section, clause or
provision shall not invalidate the remaining portions hereof,
and such remaining portions shall remain in full force and
effect for the duration of this MOU.
33.3 Salary Ordinance. Where a specific provision
contained in a section of this MOU conflicts with a specific
provision contained in a section of the Master Salary
Ordinance (Res. 83/1 ), the provision of this MOU shall
prevail. Those provisions of the Master Salary Ordinances
within the scope of representation which are not in conflict
with the provisions of this MOU and those provisions of the
Master Salary Ordinance which are not within the scope of
representation shall be considered in full force and effect.
33.4 Duration of Agreement. This Agreement shall
continue in full force and effect from January 1 , 1996 to and
including December 31 , 1998. Said Agreement shall
PDOCC _ 100 - 1996-98 MOU
automatically renew from year to year thereafter unless
either party gives written notice to the other prior to ninety
(90) days from the aforesaid termination date of its intention
to amend, modify or terminate the agreement.
SECTION 34 - 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 PDOCC and will
meet and confer with said organization regarding the
implementation of such modifications.
PDOCC - 101 - 1996-98 MOU
Date: 19
CONTRA COST COUNTY PDOCC
4 f-u,t:
r L%
PDOCC - 102 - 1996-98 MOU
Exhibit A
PHYSICIANS' & DENTISTS' ORGANIZATION
OF CONTRA COSTA
SALARIES EFFECTIVE JULY 1, 1996
CLASS TITLE SALARY RANGE
VPD3 Chief of Dental Services $7,544 - $ 9,191
VPV7 Dental Specialist $7,034 - $ 9,938
VPWO Dentist $5,935 - $ 8,385
VPW9 Physician $7,188 - $10,156
VP71 Resident Physician I Flat - $ 21765
VP72 Resident Physician II Flat - $ 3,221
VP74 Resident Physician III Flat - $ 3,646
VP75 Resident Physician IV Flat - $ 4,128
SALARIES EFFECTIVE OCTOBER 1, 1997
CLASS TITLE SALARY RANGE
VPD3 Chief of Dental Services $7,696 - $ 9,377
VPV7 Dental Specialist $7,176 - $10,139
VPWO Dentist $6,054 - $ 8,555
VPW9 Physician $7,333 - $10,361
VP71 Resident Physician I Flat - $ 2,820
VP72 Resident Physician II Flat - $ 3,286
VP74 Resident Physician III Flat - $ 3,720
VP75 Resident Physician IV Flat - $ 4,211
SALARIES EFFECTIVE OCTOBER 1, 1998
CLASS TITLE SALARY RANGE
VPD3 Chief of Dental Services $7,970 - $ 9,711
VPV7 Dental Specialist $7,431 - $10,500
VPWO Dentist $6,270 - $ 8,859
VPW9 Physician $7,594 - $109730
VP71 Resident Physician I Flat - $ 2,921
VP72 Resident Physician II Flat - $ 39403
VP74 Resident Physician III Flat - $ 3,853
VP75 Resident Physician IV Flat - $ 4,361
ADDITIONAL DUTY PAY (ADP) FOR RESIDENT PHYSICIANS
Effective July 1, 1996
Hourly ADP
VP71 Resident Physician I (Not eligible for ADP)
VP72 Resident Physician 11 $18.59 $39.52
VP74 Resident Physician 111 $21 .04 $40.50
VP75 Resident Physician IV $23.81 $41 .52
Effective October 1, 1997
Hourly ADP
VP71 Resident Physician I (Not eligible for ADP)
VP72 Resident Physcian II $18.96 $40.31
VP74 Resident Physician 111 $21 .46 $41 .32
VP75 Resident Physician IV $24.29 $42.36
Effective October 1, 1998
Hourly ADP
VP71 Resident Physician I (Not eligible for ADP)
VP72 Resident Physician 11 $19.64 $41 .72
VP74 Resident Physician 111 $22.23 $42.77
VP75 Resident Physician IV $25.16 $43.84
- 2 -
EXHIBIT B
Human Resources
Contra
Department
Costa
Count` , `•
YThird Floor,Administration Bldg.
' � 4 `® 651 Pine Street
•`�
Martinez,California 94553-1292
(510)646-4064
Leslie T.Knight
Director of Human Resources
August 14, 1996
Stephen Daniels, M.D., President
Physicians and Dentists Organization of Contra Costa
P.O. Box 1803
Martinez, California 94553
RE: SIDE LETTER ON FALLBACK STAFFING FOR EXTRA-HOURS CLINICS
Dear Dr. Daniels-
This side letter to the MOU confirms an agreement between the Health Services
Department (HSD) and the Physicians and Dentists Organization of Contra Costa County
(PDOCC) regarding the scheduling of physicians to staff extended-hour clinics in the
Patients Choice Program. This agreement shall be effective July 8, 1996 and will remain
in effect concurrent with the MOU until the HSD exercises the right to reopen as described
below in Section No. 7.
1. Fallback duty means the scheduling of one or more Physicians to an extended-hour
clinic which has been scheduled to meet peak patient demands under the Patients
Choice Program. Fallback clinics will be scheduled to last five (5) hours or less.
2. All fallback duty by Physicians shall be on a voluntary basis.
3. Physicians who work in an extended-hours clinic shall be compensated at the
physician's base rate plus $30 per hour.
4. Physicians who work in an extended-hours clinic shall be guaranteed a minimum
of two hours pay at the rate described in 3 above. This guarantee shall be in effect
as soon as the volunteer physician is notified that her/his services will be needed
for fallback for a specific date.
5. The Heath Services Department will establish an administrative procedure which
will allow individual Physicians to voluntarily sign up for potential fallback duty in
advance by designating those days on which they are available. To the extent
possible, the HSD will schedule fallback clinics to qualified physicians from the
voluntary sign up list in the order of sign up. The HSD will provide notice to
physicians regarding the voluntary advance sign up procedure.
y'
6. In addition, the HSD will encourage all eligible physician staff to otherwise keep the
fallback scheduling office regularly informed as to their general availability for
fallback duty. This information will not be held as a commitment of availability by the
physician, but will comprise an initial "callup pool" of physicians to be contacted for
voluntary service in the event that an extended-hours clinic must be staffed and no
physicians have signed up for that date. The HSD may seek volunteers from among
all qualified physicians.
7. At any time subsequent to the date of this agreement, the HSD may determine that
the aforementioned voluntary fallback plan is unsatisfactory for meeting the staffing
needs of extended-hours clinics and may reopen the subject of fallback clinic
staffing with PDOCC.
An unsatisfactory determination may be made if one or more extended-hour clinics
must be cancelled due to lack of volunteers or administrative efforts required to
obtain volunteers by calls to physicians are deemed excessive.
If these terms and conditions conform to your understanding, please indicate your
acceptance and agreement by signing in the spaces provided below:
Dated:
FOR PDOCC: FOR HEALTH SERVICES DEPT.:
R CO COSTA COUNTY:
r
EXHIBIT C
Human Resources
Contra -.y. •-L �
Costa -_ Department
County
" `F Third Floor, Administration Bldg." °;;� 651 Pine Street
Martinez,California 94553-1292
(510)646-4064
Leslie T.Knight
Director of Human Resources
March 5, 1997
Stephen Daniels, MD., President
Physicians & Dentists Organization of Contra Costa
PO Box 1833
Martinez CA 94553
RE: INCREASE IN HOURS
Dear Dr. Daniels:
This is to confirm tentative agreement reached by Contra Costa County and
Physicians & Dentists of Contra Costa regarding increase in hours for permanent-
intermittent and permanent part-time employees-
Permanent-intermittent and permanent part-time employees who wish to have the
hours of their position increased, must make a written request to the appointing
authority during the months of April and/or October for the duration of the new
MDU.
The Appointing Authority reviewing these requests will evaluate them within thirty
(30) days of their receipt, considering among other matters the actual hours
assigned to and worked by the employee during the previous 6 months, the
anticipated continuing need for their assignment for additional hours and
operational requirements.
Those requests which are approved by the department for an increase in hours
will be submitted for consideration by the County as a P-300 request within an
additional sixty (60) days. The employee will be notified in writing with an
explanation of requests not approved; PDOCC will be copied on all denials.
If the above conforms with your understanding, please indicate agreement by
affixing your signature in the space provided below.
Sincerely,
Kathy Ito
Labor Relations Manager
Confirmed:
X zl�zz�_ /
Steph n Daniels, MD., resident
PDOCC
cc.- 'Leslie Knight, Human Resources Director
William Walker, MD., Health Services Director
Ken Corcoran, Auditor-Controller
r:Xri 1 IS 1'1 ll
Contra -s----------p. Human Resources
Costa ` h .;;. Department
Count
,t
Administration Bldg.
� ;, -•;j 651 Pine Street,Third Floor
'^---U."' Martinez,California 94553-1292
(510)335-1764
April 10, 1997 Leslie T.Knight
Director of Human Resources
Stephen Daniels, MD., President
Physicians' & Dentists' Organization of Contra Costa
PO Box 1803
Martinez CA 94553
RE; NOTIFICATION OF INVOLUNTARY PERMANENT CHANGE OF ASSIGNMENT
Dear Dr. Daniels:
This is to confirm tentative agreement reached by Contra Costa County and the
Physicians' & Dentists' Organization of Contra Costa regarding notification of
involuntary permanent change of assignment.
Except in cases of emergency, a twenty-eight (28) day notice will be provided to any
bargaining unit member prior to any involuntary permanent change in work hours, type
of work, or work location. This provision shall not be applicable in disciplinary
situations.
If the above conforms with your understanding, please indicate agreement by affixing
your signature in the space provided below.
Sincerely,
Kathy
Labor Relations Manager
Confir ed:
�, L WZe,,,240
Step ' n Daniels, MD., President
PDOCC
cc: Leslie Knight, Human Resources Director
William Walker, MD., Health Services Director