HomeMy WebLinkAboutMINUTES - 12011998 - C73-C77 POSITION ADJUSTMENT REQUESTNO.
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Department No./ CODERS
Department DistrIct Attorney Budget Unit No. 02U Ore No- 5--Agency No. 42
Action Requested fj=1 o 40M_0 dgZ& distriCt aMrney position and add: tw.Q 20L40 d=Ay dJstriQt
Proposed Effective Date: ASAP_
Classification Questionnaire attached: Yes [ I No [X]
Cost is within Department's budget: Yes [X] No [ I
Total one-time costs (non-salary) associated with request: $ 0
Estimated total cost adjustment (salary/benefits/one-time): $ .� 0
Total annual cost $ O Net County Cost $ b
Total this FY $ 0 N.C.C. this FY $ 0
SOURCE OF FUNDING TO OFFSET ADJUSTMENT KLA
Department must initiate necessary adjustment and submit to CAD.
Use additional sheet for further explanations or aomnents. /
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEE NT
Deputy my Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATION t3ATE 11/17/98
Cancel one (1) vacant Deputy District Attorney-Advanced Level (2KTG) position #3567 at
salary level M25-2468 ($7496-8274), add two (2) Deputy District Attorney-Basic Level
(2KTF)20/40 positions at salary level XD-2591 ($6251-6731),
Amend Resolution 71/17 establishing positions and resolutions allocating classes to Basic/Exempt salary schedule as described above.
Effective: [Xl Day following Board action
[ ] (Date)
(for) Director of Human Resources
COAM ADMINISTRATOR RECOMMENDATION DATE ,
;Approve recommendation of Director of .Human Resources
Disapprove recommendation of Director of Human Resources
C Other:
(far) my Admi n_iV-r-a't9r
BOARD OF SUPERVISORS ACTION: Phil Batchelor, Clerk of the Board of Supervisors
Adjust t: APPROVED 1K 0490011810 E, and ou ty Administrator
DATE: AtLg4. ! BY:
APPROVAL OF THIS ADJUSTMENT CONSTITUTES A P NEL/SALARY RESOLUTION AMENDMENT
POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION
Adjust classes)/position(s) as follows:
S •0 61130 8G
A,.LN lO3 V ISO
If Request is to add project positions/classes, please complete other side.
P300(M347) Rev 7/1/95
7 /
THE BOARD OF SUPERVIS 3R$OF CONTRA COSTA COUNTY.CALIFORNIA
Adopted this Order on Dec 1, 1998 ,by the following vote:
AYES: SUPERVISORS UILKETMA, GERBER, DESAULNIER, CANCIAMILLA and ROGERS
NIKES: NONE
ASSENT. NONE
ABSTAIN: NONE
SUBJECT:Personnel Management }
Regulation Amendments ) RESOLUTION NO.96l„ .3
}
1
Pursuant to Ordinance Code Article 33-3.13 and upon recommendation of the
County Administrator,the Board of Supervisors resolves:
1. Section 316 is added to the Personnel Management Regulations,to read as
follows:
216. Qismissil
a. No appeal or complaint to the Merit Board may be withdrawn,waived,
or dismissed by the appealing or complaining person(s)without the written consent of
the respondent Department or persons(s),after any hearing has commenced.
b. Subject to part a., and pursuant to such rules as it may adopt,the Merit
Board may dismiss any appeal or complaint which has been withdrawn,settled,or
otherwise resolved by the parties.
c. Pursuant to such rules as it may adopt,the Merit Board may dismiss
after notice and hesong,any appeal or complaint for non-prosecution,and such
dismissal shall be effective as a Merit Board ruling on the merits against such appeal or
complaint:
i
I hereby certify that this is a true and correct copy of an action taken
and entered on the minufes of the Board of Supervisors on the date
shown.
�2
ATTESTED:
STD: cl
Fhil Batchelor. Clerk of the B acf rd
of Supervisors and County Administrator
By Deputy
CONTACT:
Odg. Dept:Human Resources
cc: County Counsel
h:Vben r*vARES"W
RESOLUTION 9&/-.U3
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1%6
,�. POSITION ADJUSTMENT REQUEST NO.OAT
Department No./ CODERS /J1n0J2 1J98
Department Libr Budget !Unit No.{k2Q 0rg No.321L Agency No. 85
Action Req uested Create UZ class o: dbr Msistant:hdvanro'
add one 401 I-IlWa-ry .Asssistit Advc
Proposed Effective Date: / /gR
Classification Questionnaire attached: Yes Ll No t/Cost is within Department's budget: Yeslt Noo
Total One-Time Costs (non-salary) associated with request. $
Estimated total cast adjustment (salary/benefits/orae time:
Total annual cost # 49,%Q -Q !tet County Cast $
Total this FY $" 5N.C.C. this FY
SOURCE OF FUNDING TO OFFSET ADJUSTMENT
Department cast initiate necessary in4justment and submit to CAD.
Use additional sheet for feather explanations or cents.
ar DepaFfi-ent Reid
REVIEWED BY CAO-AND RELEASED TO HUMAN SERVICES DE NT
pu "Admin stratUr Date
HUMAN RESOURCES DEPARTMENT RECOMNENDATION HATE 11/17/98
Establish the class of Library Assistant-Advanced Level-Project and add one (1)
Literary Assistant-Advanced Level-Project position-at salary level 'XB-1811 ($2645-3328).
!bead lts"IfftUm 71117 **t"1U*1rt P**11 ane! reftlatU ess 10 t" "Sulem"t "Ury ere:b"UU.
"7
Effective: 13 Day following Board Action.
..(Date)
or Director of Him-n Resources
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C UNTY ADMINISTRATOR RECOMMENDATION MATE: --
pprove Recommendation of Director of Human Resources V..._..�.
d Disapprove Recommendation of Director of Human Resources
Other:
a y Administ7lator
BOARD OF SUPERVISORACTION.- --- Phil Bat helor, Clerk of the Board of Supervisors
Adjust APPROVEDMICou ty, Administrator
DATE. BY:
APPROVAL OF THIS ADJUSTMENT CONSTITUTES PERSONNEL/SALARY RESOLilTION AMENDMENT
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POSITION ADJUSTMENT ACTION TO BE C014PLETED BY HUMAN RESOURCES DEPARTMENT' FOLLOWING BOARD ACTION
Adjust classes)/position(s) as follows:
P300 (W347) Rev 511195
BEQUEST FOR PROJECT POSITIONS
Department: Library Date: October 22; 1998 No. I
I. Project Position Requested:
Library Assistant-Advanced Level Project
2. Explain Specific Duties of the Position:
Implement grant received, to establish and provide library service and electronic
resources to youth at Juvenile Hall and Boy's Ranch. Specific duties will include
developing the curriculum for Internet instruction,establishing a volunteer
program,purchasing hardware and evaluating the program at its conclusion.
3. Name/Purpose of Project and Funding Source(do not use acronyms i.e. SB40 Project or SDSS
Funds):
Contra Costa County Library was notified by the California State Library that
they had been awarded a federal grant for their project"Technology for Teens in
Transition". The fronds are from the Library Services and Technology Act.
4. Duration of the Project: Start Date: 10/1/98 End Date: 9/30/99
Is funding for a specific period of time(i.e.2 yrs)or on a year-to-year basis? Please explain:
Funding is for one year.
5. Project Annual Cost:
1. Salary and Benefit Cost $59,200 2. Support Costs $33,970
3. Less revenue or expenditures $93,170 4. Net cost to General or other fund $-0-
6. Briefly explain the consequences of not filling the project position(s)in terms of:
a) potential future costs -none
b) legal implications- We have committed to implement the grant.
c) financial implications-We would be required to return the funds.
d) political implications-We need to maintain goad relations with the finding agency.
e) organizational implications-none
7. Briefly describe the alternative approaches to delivering the services which you have considered.
Indicate why these alternatives were not chosen.
No anter options are available.
8. Departments requesting new project positions must submit an updated cost benefit analysis of
each project position at the halfway paint of the project duration. This report is to be submitted
to the Human Resources Department which will forward the report to the Board of Supervisors.
Indicate the date that your cosvbenefit analysis will be submitted: March 1999
9. How with the project position(s)be filled?
a. Competitive Examination(s)
b. Existing employment list(s). Which one(s).�
_x_c. Direct Appointment of:
X-1. Merit system employee who will be placed on leave from current job
2. Non-County employee
Provide justification if filling position(s)by CI or C2: We have a qualifiedpara-professional
staff'member who has a background in criminal justice.
oAformsipersonnelp300pmj.doc
ADJUSTMENT REQUEST • NO.ImL, - -
POSITION A Q
1#A wj.�(��..8
Department Nod CODER
Department ADM/REVENUE COLLECTION Budget "Unit No. 0026 Org No. 1260 Agency No. 03
Action Regnes a ZD_ ONE ACCOUNTANT I POSITION IN THE OF r"I E Off` THE COUM—ADMINISTRATN
REVENUE COLLECTOR DIVISION.
Proposed Effective Date: M.A.P.
Classification Questionnaire attached: Yes 0 No Ik
Cost is within Department's budgets YeZZ No 0
Total One-Time Costs (non-salary) associated with requests $ -0-
Estimated total cast adjustment (salary/benefits/one time:
Total annual cost $ 5,150 Net County Cost $ ..p-
Total this FY $ 2,575 N.C.C. this FY $ —.-
SOURCE OF FUNDING TO OFFSET ADJUSTMENTBILLING AND COLLECTIONS REVEM—
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REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTNE
epu yn s ra r
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HUMAN RESOURCES DEPARTMENT RECOMMENDATION DATE 11/1819$
Add one (1) Accountant I (SAWA) position at salary 'level M50-1907 ($3057-3716).
! !awAAbon 711i7 edwwpowft a►and eewiu W*a req �a��ut�C�mPt�Y sd�s as d�or�d abak r.
Effective: 11 Day following Board Action.
0 (Date)
or Director of RumR Resources
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ADMINISTRATOR RECOMNENDATION DATE*
Approve Recommendation of Director of Human Resources
Disapprove Recommendation of Director of Human Resources
0 Others
If6r) oun y Administrator
BOARD OF SUPERVISORS ACTION: Phil B chelor, Clerk of the Board of Supervisors
Adjustme APPROVED ` ang Coutity Administrator
DATE: BY:
APPROVAL. OF THIS ADJUSTMENT CONSTITUTES PERSONNEL/SALARY RESOLUTION AMENDMENT
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POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUNAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION
Adjust classes)/position(s) as follows.-
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0. 17
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA'
Adopt this Order on December 1. 1998 by the
following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, DeSaulnier, Canciamilla
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT:
Approval of the 1998 - 1999 Memorandum )
of Understanding between East Diablo Fire )
Protection district and IAFF. Local 1230 Res. No. 98159=
The Contra Costa Board of Supervisors in its capacity as Governing Board of the
East Diablo Fire Protection District, RESOLVES THAT:
1. On August 11, 1998, the Labor Relations Manager submitted a Letter of
Understanding dated August 6, 1998 which reflected negotiated
agreements reached between the East Diablo Fire Protection District and
IAFF, Local 1230 on terms and conditions of employment affecting
employees represented by IAFF, Local 1230.
2. The Memorandum of Understanding between the East Diablo Fire
Protection District and IAFF, Local 1230 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 January 1, 1998.
1 hereby certify that title is a true and correct copy of
an action taken ural entered on tha Minutes of the
Board of Supe on the dale shown.
ATTESTED:
PHIL BATCHELOR,CI ref the Board
attachment of Sttpe+visors and County Adminiwator
Orlg.Dept.: Human Resources-Director
Kathy Ito @ 5-1785 By Deputy
cc: Phil Batchelor, County Administrator
Auditor-Controller(Payroll)
Chief Paul Hein, East Diablo Fire Protection District
Assistant Chief, John Clary, East Diablo Fire Protection District
Lou Paulson, President, IAFF, Local 1230
Mike Impastato, Labor Representative, IAFF, Local 1230
MEMORANDUM OF UNDERSTANDING
BETWEEN
EAST DIABLO FIRE PROTECTION DISTRICT
AND
IAFF, LOCAL 1230
This Memorandum of Understanding (MOU) is entered into
pursuant to the authority contained in Board of Supervisors
Resolution 81/1165 and has been jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the
representative of the Contra Costa County Board of Supervisors
in its capacity as ex-officio Governing Board of the East Diablo
Fire Protection District as provided in Board Resolution 8911165.
The parties have met and conferred in good faith regarding
wages, hours and other terms and conditions of employment for
the employees in the East Diablo Firefighters Unit and have freely
exchanged information, opinions and proposals and have
endeavored to reach agreement on matters relating to the
employment conditions and employer-employee relations
covering such employees.
When a specific provision contained in a section of this MOU
conflicts with a specific directive of the Fire District, the provision
of this MOU shall prevail.
This MCU shall be presented to the Contra Costa County Board
of Supervisors in its capacity as ex-officio Governing Board of the
East Diablo Fire Protection District as the joint recommendation of
the undersigned for salary and employee benefit adjustments for
the period beginning ,January 1 , 1998 and ending December 31 ,
1999.
In the event provisions of this MOU contradict any resolution,
administrative bulletin or personnel rules of the County or District,
the terms of this MOU shall prevail.
DEFINMONS:
Appointing Authority: Fire Chief unless otherwise provided by
statute or ordinance or other action by the Board of Supervisors.
Class: A group of positions sufficiently similar with respect to the
duties and responsibilities that similar selection procedures and
qualifications may apply and that the same .descriptive title may
be used to designate each position allocated to the group.
Class Title: The designation given to a class, to each position
allocated to the class, and to the employees allocated to the
class.
County: Contra Costa County.
District: East Diablo Fire Protection District.
Demotion: The change of a permanent employee to another
position in a class allocated to a salary range for which the top
step is lower than the top step of the class which the employee
formerly occupied.
Director of Human sources: The person designated by the
County Administrator to serve as the Assistant County
Administrator Director of Human Resources.
Eligible.- Any person whose name is on an employment list for a
given class.
1AFF,LOCAL 1230 2 1998-1998 Mou
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 the employee's return.
Employment Lim: A list of persons who have been found
qualified for employment in a specific class.
LayList: A list of persons who have occupied positions
allocated to a class in the District and who been involuntarily
separated by layoff or displacement or who have voluntarily
demoted in lieu of layoff.
Permanent Position: Any position which has required, or which
will require, the services of an incumbent without interruption for
an indefinite period.
Promotion: The change of a permanent employee to another
position in a class allocated to a salary range for which the top
step is higher than the top step of the class which the employee
formerly occupied.
Position: The assigned duties and responsibilities calling for the
regular full-time employment of a person.
Resignation: The voluntary termination of permanent
employment with the District.
`ton: International Association of Fire Fighters, Local 1230,
AFL-CIO.
SECTION 'I UNION RECOGNITION
The Union is the formally recognized employee organization for
the East Diablo Firefighters Unit.
IAFF, LOCAL 1230 3 1998-1899 MOU
SECTION 2 - UNION SECURITY
2.1 Cues Deduction. Pursuant to Board of Supervisor's
Resolution 81/1165 Chapter 34-26, only a majority representative
may have dues deduction and as such the Union has the
exclusive privilege of dues deduction for all employees in its units.
Dues deduction shall be based on the voluntary written
authorization of the employee which shall remain in effect so long
as the employee remains in a unit represented by the Union
unless such authorization is canceled in writing by the employee
in accordance with the provisions set forth in Section 2.4. The
dues deduction shall be for a specified amount and uniform
between members of the Union. The Union shall indemnify,
defend and hold the district harmless against any claims made
and against any suit instituted against the district on account of
dues deduction. The Union shall refund to the district any
amounts paid to it in error upon the presentation of supporting
evidence.
2.2 Union Dues Form. Employees hired in classifications
assigned to the unit represented by the Union shall, as a condition
of employment at the time of employment, complete a union dues
authorization card provided by the Union and shall have deducted
from their paychecks the membership dues of the 'Union. Said
employees shall have thirty (30) days from the date of hire to
decide if they do not want to become a member of the Union.
Such decision not to become a member of the Union must be
made in writing to the Auditor Controller with a copy to the Labor
Relations Service Unit within said thirty (30) day period. If the
employee decides not to become a member of the Union, any
union dues previously deducted from the employees paycheck
shall be returned to the employee and said amount shall be
deducted from the next dues deduction check sent to the Union. If
(AFF,LOCAL 1230 4 1998-1999 MOU
..... ......... ......... ......... .. ._.. _.
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_ _.._.. .. ............
the employee does not notify the County in writing of the decision
not to become a member within the thirty (30) day period, the
employee shall be deemed to have voluntarily agreed to pay the
dues of the Union. Each such dues authorization form referenced
above shall include a statement that the Union and the District
have entered into a MOU, that the employee is required to
authorize payroll deductions of union dues as acondition 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 written completion of the
authorization form, receive a copy of said authorization form
which shall be deemed proper notice of the employee's right to
revoke said authorization.
2.3 Maintenance of Membership. All employees in units
represented by the Union who are currently paying dues to the
Union and all employees in such units who hereafter become
members of the Union shall, as a condition of continued
employment, pay dues to the Union for the duration of this MOU
and each year thereafter so long as the Union continues to
represent the position to which the employee is assigned, unless
the employee has exercised the option to cease paying dues in
accordance with Section 2.4.
2.4 Withdrawal of Membership. By notifying the Auditor-
Controller's Department in writing, between June 1 to June 30 of
any year, any employee may withdraw from Union membership
and discontinue paying dues as of the payroll period commencing
June 1st, and reflected in the July 10th paycheck. Immediately
upon the close of the above-mentioned thirty (30) day period, the
Auditor-Controller shall submit to the Union a' list of the
employees who have rescinded their authorization for dues
deduction.
1AFF,LOCAL 1230 5 1998-1999 MOu
2.5 Co ng..with Emplgyees. The Union shall be
allowed to use designated portions of bulletin boards or display
areas in District buildings or in offices in which there are
employees represented by the Union, provided the
communications displayed have to do with official organization
business such as times and places of meetings and further
provided that the Union appropriately posts and removes the
information. The Fire Chief reserves the right to remove
objectionable materials.
Representatives of the Union, not on District time, shall be
permitted to place a supply of employee literature at specific
locations in District buildings if arranged through the Labor
Relations Manager; said representatives may distribute employee
organization literature in areas designated by the Fire Chief if the
nature of the literature and the proposed method of distribution
are compatible with the work environment and work in progress.
Such placement and/or distribution shall not be performed by on-
duty employees. The Union 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 union officer on a matter within the scope of
representation.
In the application of this provision, it is agreed and understood
IAFF,LOCAL 1230 6 1998-1995 MOu
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 Fire Chief or designee and the visit will
not interfere with the District's services.
2,6 Use of Distract Buildinas. The Union shell be allowed
the use of areas normally used for meeting purposes for meetings
of District employees during non-work hours when:
a. such space is available and its use by the Union is
scheduled twenty-four (24) hours in advance;
b. there is no additional cost to the District;
C. it does not interfere with normal District operations;
d. employees in attendance are not on duty and are not
scheduled for duty;
e. the meetings are on matters within the scope of
representation.
The administrative official responsible for the space shall
establish and maintain scheduling of such uses. The Union shall
maintain proper order at the meeting and see that the space is left
in a clean and orderly condition. The use of District equipment
(other than items normally used in the conduct of business
meetings such as desks, chairs, ashtrays and blackboards) is
prohibited, even though it may be present in the meeting area.
2.7 Advance Notice. The Union shall, except in cases of
emergency, have the right to reasonable notice of any ordinance,
rule, resolution or regulation directly relating to matters within the
scope of representation proposed to be adopted by the Board, or
boards and commissions designated by the Board, and to meet
with the 'body considering the matter.
1AFF,LOCAL 1230 7 4998-1999 Mou
_ ..... ......... ......... ......... .._...... ......._.
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The listing of an item on a public agenda, or the mailing of a copy
of a proposal at least seventy-two (72) hours before the item will
be heard, or the delivery of a copy of the proposal at least twenty-
four (24) hours before the item will be heard, shall constitute
notice.
In cases of emergency when the Board, or boards and
commissions designated by the Board, determines it must act
immediately without such notice or meeting, it shall give notice
and opportunity to meet as soon as practical after its action.
2.8 List of Employees with Cues Deduction. The District
shall provide the Union with a monthly list of employees who are
paying dues to the Union and a monthly list of employees who are
paying health and welfare deductions to the Union.
2.9 Assianment of Classes to Bamainina units. The
Labor Relations Manager shall assign new classes in accordance
with the following procedure:
a. Initial Determination: When a new Mass 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 the determination.
b. Final Determination: The Labor Relations Manager's
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 Stegs: The Labor Relations
IAFF,LOCAL 1230 8 1998_1999 MOU
...................................................11.................................................................................................................
Manager 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-day
period in subsection (b), unless otherwise mutually
agreed. Thereafter, the procedures in cases of
agreement and disagreement, arbitration referral and
expenses, and criteria for determination shall conform
to those in subsections (d) through (i) of Section 34-
12.008 of Resolution 81/1165.
2.10 Written Statement for New.Empl oyees. The District
will provide a written statement to each new employee hired into a
classification in any of the bargaining units represented by the
Union, that the employee's classification is represented by the
Union and the name of a representative of the Union. The County
will provide the employee with a packet of information which has
been supplied by the Union and approved by the County.
2.11 Modification-A.-Decertification, For the duration of
this MOU, the following shall apply:
Resolution 81/1165 Section 34-12.008 - Unit Determination (a)
shall be modified in the first paragraph to delete the ten percent
(10%) requirement for an employee organization intervening in
the unit determination process and substitute therefore a thirty
percent (30%) requirement.
Resolution 81LI165 Section 34-12.012 - Electioa Procedure (b)
shall be modified in the first paragraph to delete the ten percent
(10%) requirement for any recognized employee organization(s)
to appear on the ballot and substitute therefore a thirty percent
(30%) requirement.
Resolution 81/1165 Section 34-12.016 Modification of
Representation Units shall be modified in the first sentence by
IAFF, LOCAL 1230 9 1998-1999 MOU
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adding words to the effect of "most recent" to the date of
determination. This section shall be modified in the second
sentence to require that petitions for modification of a
representation unit be filed during a period of not more than one
hundred and fifty (150) days nor less than one hundred and
twenty (120) days prior to the expiration of the MOU in effect. The
last sentence of this section shall be modified so that modification
of a representation unit shall not negate the term of an existing
MOU between the District and the recognized employee
organization of the unit prior to the modification proceedings.
shall be modified in the first sentence by adding words to the
effect of "most recent" to the date of formal recognition and by
requiring the petition be submitted during a periodof not more
than one hundred and fifty (150) days nor less than one hundred
and twenty (120) days prior to the expiration of the MOU in effect.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color,
national origin, sex, sexual orientation or Union activities against
any employee or applicant for employment by the District or by
anyone employed by the District; and to the extent ;prohibited by
applicable State and Federal law, there shall be no discrimination
because of age. There shall be no discrimination against any
disabled person solely because of such disability unless that
disability prevents the person from meeting the minimum
standards established for a position or from carrying out the
duties of the position safely.
SECTION 4 - OFFICIAL REPRESENTAIiVES
4.1 Attendance at Meetings. Employees designated as
IAFF, LOCAL 1230 10 1998-1999 MOU
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official representatives of the Union shall be allowed to attend
meetings held by County/District agencies during regular working
hours on District time as follows:
a. if their attendance is required by the District or County
at a specific meeting;
b. if their attendance is sought by a hearing body for
presentation of testimony or other reasons;
C. if their attendance is required for meetings scheduled at
reasonable times agreeable to all. parties, required for
settlement of grievances filed pursuant to Section 15,
Grievance Procedure, of this MCU;
d. if they are designated as an official representative, in
which case they may utilize a reasonable time at each
level of the proceedings to assist an employee to
present a grievance;
e. if they are designated as spokesperson or
representative of the Union 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 Fire Chief-,
f. if their attendance does not conflict with Fire District
emergency operations.
The District will not pay for Association or Union meetings or
functions.
4.2 Union Representative. Official representatives of the
Union shall be allowed a reasonable amount of time off without
IAFF, LOCAL 1230 11 1998.1999 Mou
loss of compensation or other benefits for meetings during regular
working hours when formally meeting and conferring in good faith
or consulting with the Labor Relations Manager or other
management representatives on matters within the scope of
representation, and that advance arrangements for the time away
from the work station or assignment are made with the Fire Chief
and their attendance does not conflict with Fire District emergency
operations.
SECTION 5 - SALARIES
5.1 Salary Rates. Effective on the dates indicated, base
monthly salary for classes in the East Diablo Firefighters Unit
shall be in accordance with the County's Basic Salary Schedule
as follows:
mss 01101M 01101/99
Fire Captain M56 1379 ($2192) M56 1448 ($2349)
Sr. Firefighter M56 1281 ($1988) M56 1350 ($2130)
Firefighter M56 1226 ($1882)- M561295 ($2016)
In accordance with requirements of the County payroll system,
timekeeping for permanent employees' time worked and time off
will be accounted for in minimum one-tenth (1/10) hour (6 minute)
increments.
5.2 moment. On the tenth (10") day of each month, the
Auditor will draw a warrant upon the Treasurer in favor of each
employee for the amount of salary due to the employee for the
preceding month; provided, however, that each employee may
choose to receive an advance on the employee's monthly salary,
in which case the Auditor shall, on the twenty-fifth (2501) day of
each month, draw a warrant upon the Treasury in favor of such
employee.
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The advance shall be in an amount equal to one-third (113) 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.
5.3 Pay warrants. Employee pay warrants shall be
delivered to a work place designated by the District by 12.00 p.m.
on the tenth (10th) day and twenty-fifth (25th) day of each month.
Should the tenth (101) day or twenty-fifth (25') day of the month
fall on Saturday, Sunday, or a holiday, pay warrants will be
delivered by 12:00 p.m. on the preceding County workday.
5.4 Payr 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-
Controllers Department that the error will be corrected and a new
warrant issued within forty-eight (48) hours, (exclusive of
Saturdays, Sundays and holidays) from the time the Department
is made aware of and verifies that the pay warrant is in error.
SECTION 6 - OVERTIME
Overtime is authorized time worked outside the regular work
schedule. Overtime shall be compensated for at the rate of one
and one-half (1-1/2) times the employee's hourly rate of pay.
Overtime for permanent employees is earned and credited in
minimum one-tenth (1/10) hour increments.
6.1 0yertime Recall list. Provisions of Fire District
Administrative Bulletin 230 shall apply.
6.2 Call Rack. Employees called back for work performed
outside their regular work schedule shall be compensated at the
1AFF, LOCAL 1230 13 1998-1989 MOU
appropriate straight time or overtime rate of pay for time actually
worked with a minimum of one (1) hour pay. This minimum does
not apply when an employee is called back and reports to work
less than one (1 ) hour before the beginning of the employee's
regular shift.
SECTION 7 - SICK LEAVE
Sick leave credits shall accrue at the rate of twelve (12) working
hours credit for each completed month of service. Employees
who work a portion of a month are entitled to a pro rata share of
the monthly sick leave credit completed on the basis as is partial
month compensation.
Credits to and charges against sick leave are made in minimum
amounts of one-tenth (1/10) hour increments. Unused sick leave
credits accumulate from year to year.
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 District and may be
used only as authorized and in accordance with District
Administrative Bulletin No. 240 (Sick Leave).
Employees who work a forty (40) hour week shall accrue sick
leave at the rate of eight (8) hours per month.
Permanent Disability Sick Leave - Permanent disability means
an employee suffers from a disabling physical injury or illness and
is thereby prevented from engaging in any District 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
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Board, subject to the following conditions:
a. an application for retirement for disability has been filed
with the Retirement Board;
b. 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;
C. the appointing authority may review medical evidence
and order further examinations 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 when the above conditions have not
been met.
Prearran-aed Medical Appointments - Employees who wish to
use sick leave for prearranged doctor or dentist appointments
shall notify their appropriate supervisor of the appointment as
soon as possible but no later than forty-eight (48) hours prior to
the beginning of the shift during which the appointment is
scheduled.
Legal Adaption of a Child r Paid sick leave credits may be used
by an employee upon adoption of a child up to a maximum of six
(f) weeks.
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 (3) working days, plus up
to two (2) days of work time for necessary travel. Use of
additional accruals other than sick leave may be authorized in
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conjunction with the bereavement leave at the discretion of the
appointing authority.
SECTION 8 - VACATION
8.1 Vacation Leave. Employees will accrue vacation
credits based upon straight time hours of working time per
calendar month. Accrual shall be at the rate of 11.33 hours per
month.
Accruals will accumulate month to month to a maximum of 272
hours. Accruals for portions of a month shall be in minimum
amounts of one (1 ) hour calculated on the samebasis as for
partial month compensation.
Vacation credits may be taken in one-half (1/2) hour increments
but none shall be allowed in excess of actual accrual at the time
vacation is taken. Vacation credits may be used only after
completion of six (6) months service in a permanent position, but
may be used to supplement exhausted sick leave in cases of
absence during the first six (6) months.
8.2 Vacation Leave on Reemaloyment from doff
W#. Employees with six (6) months or more service in a
permanent position prior to their layoff, who are employed from a
layoff list, shall be considered as having completed six (f) months
tenure in a permanent position for the purpose of vacation leave.
The appointing authority or designee will advise the Auditor-
Controller's Payroll Unit in each case where such vacation is
authorized so that appropriate Payroll system override actions
can be taken.
All provisions of District Administrative Bulletin No. 260 (Vacation)
shall apply.
IAFF, LOCAL 1230 16 1998-1999 Mou
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SECTION 9 - FLOATING HOLIDAY
Effective on the August tenth (10tl) payroll of each year,
employees shall receive forty-eight (48) hours of Floating Holiday
time. Floating Holiday accruals will be administered and utilized
under conditions identical to vacation accruals, except that
effective each August ninth (9t'), unused Floating Holiday accrual
balances will return to zero (0).
SECTION 10 - LENVE OF ABSENCE
10.1 Leave WithQut 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 - Laayes of . Absence.
Requests for leave of absence without pay shall be made upon
forms prescribed by the District and shall state specifically the
reason for the request, the date when it is desired to begin, the
leave, and probable date of return.
Leave without pay may be granted for any of the following
reasons:
a. illness, disability, or serious health condition;'
b pregnancy or pregnancy disability;
C. family care;
d. to take a course of study such as will increase the
employee's usefulness on return to the position;
IAFF,LOCAL 1230 17 19981999 Mou
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e. for other reasons or circumstances acceptable to the
appointing authority.
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.
A leave without pay must be for a period not to exceed one (1)
year, provided the appointing authority may extend such leave for
additional periods. The procedure in granting extensions shall be
the same as that in granting the original leave provided that the
request for extension must be made not later than thirty (30)
calendar days before the expiration of the original leave.
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 below. -
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 Fire Chief.
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 Fire Chief granting or denying
leave or early return from leave shall be final and not subject to
appeal through the grievance procedure set forth in this MOU.
10.3 Military Leave. Any employee in the Fire District and
1AFF,LOCAL 1230 18 1998-1999 Mou
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who is required to serve as a member of the State Militia or the
United States Army, Navy, Air Force, Marine Corps, Coast Guard
or any division thereof shall be granted a military leave for the
period of such service, plus ninety (90) days. An employee who
volunteers for such service shall be granted a leave of absence if
necessary in accordance with applicable state or federal laws.
Upon the termination of such service or upon honorable
discharge, the employee shall be entitled to return to his/her
position in the classified service provided such still exists and the
employee is otherwise qualified, without any loss of standing of
any kind whatsoever.
An employee who has been granted a military leave shall not, by
reason of such absence, suffer any loss of benefits, nor shall the
employee be prejudiced thereby with reference to salary
adjustments or continuation of employment. For purposes of
determining eligibility for salary adjustments or seniority in case of
layoff or promotional examination, time on military leave shall be
considered as time in District 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
b. family care leave of absence without pay for reason of
IAFF,LOCAL 9230 19 1998-1999 mou
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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 Fire Chief.
The eighteen (18) week 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
10.6 below. When paid leave accruals are used for a medical or
family care leave, such time shall be counted as a part of the
eighteen (18) week entitlement.
In the situation where husband and wife are both employed by the
District, 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 when their
spouse is also employed by the District.
For medical and family care leaves of absence under this section,
the following definitions apply:
a. Child: A biological, adopted, or foster child, stepchild,
legal ward, conservatee or a child who is under
eighteen (18) years of age for whom an employee
stands in loco parentis or for whom the employee is the
1AFF,LOCAL 1230 20 1998-1999 MOU
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guardian or conservator or an adult dependent child of
the employee.
b. Partin : A biological, foster, or adoptive parent, a
stepparent, legal guardian, conservator, or other person
standing in loco parentis to a child.
C. Spouse: A partner in marriage as defined in California
Civil Code Section 4100.
d. Domestic Partner: An unmarried person, eighteen (18)
years or older, to whom the employee is not related and
with whom the employee resides and shares the
common necessities of life.
e. Serious Health Condition: An illness, injury,
impairment, or physical or mental condition which
warrants the participation of a family member to provide
care during a period of treatment or supervision and
involves either -inpatient care in a hospital, hospice or
residential health care facility or continuing treatment or
continuing supervision by a health care provider (e.g.;
physician or surgeon) as defined by State and Federal
law.
f. Certification fox Fa ilv Care Leave: A written
communication to the employer from a health care
provider of a person for whose care the leave is being
taken which need not identify the serious health
condition involved, but shall contain:
1 . the date, if known, on which the serious health
condition commenced;
2. the probable duration of the condition-,
IAFF,LOCAL 1230 21 1998-1999 MOU
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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; or
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.
9. 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; or
4. if for intermittent leave or a reduced work schedule
leave, the certification should indicate the medical
necessity for the intermittent leave or reduced
leave schedule and its expected duration.
h. Comparable Position: A position with the same or
similar duties and pay which can be performed at the
same or similar geographic location as the position held
IAFF, LOCAL 1230 22 1998-1999 MOU
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prior to the leave.
10.5 Preanancy Disability Leave. Insofar as leave is taken
for pregnancy disability as required under State or Federal laws
that leave period will not be considered a part of the eighteen (18)
week family care leave period.
10.6 Leave of Absence Replacement and Reinstatement.
Any permanent employee who requests reinstatement to the
classification held by the employee at the same time the
employee was granted a leave of absence, shall be reinstated to
a position in that classification.
10.7 Reinstatement from Familiv Care Medical Lem. In
the case of a family care or medical leave, an employee on a full
time schedule shall be reinstated to the same or comparable
position if the return to work is after no more than ninety (90) work
days of leave from the initial date of a continuous leave, including
use of accruals, or within the equivalent on an alternate work
schedule.
10.8 Unauthorlmd Absence. An unauthorized absence
from the work site or failure to report for duty after a leave request
has been disapproved, revoked, or canceled by the appointing
authority, or at the expiration of a leave, shall be without pay.
Such absence may also be grounds for disciplinary action.
SECTION 11 - PROBATIONARY PERIOD,
11.1 Duration. All appointments from officially promulgated
employment lists for original entrance or promotion shall be
subject to a one (1) year probationary period.
11.2 Classes with, Changed Probationary F!erlods. When
the probationary period for a class is changed, only new
1AFF, LOCAL 1230 23 1998-1999 MOU
appointees to positions in the classification shall be subject to the
revised probationary period.
91.3 Probation Period Time. The probationary period shall
date from the time of appointment to a full-time position.
19.4 Reiection Dura Probation. An employee may be
rejectedduring the probation period.
a. Appeal from Rejection: Notwithstanding any other
provisions of this section, an employee (probationer)
shall have the right to appeal from any rejection during
the probationary period based on political, religious or
Union activities, race, color, national origin, sex, age,
disability or sexual orientation.
b. The appeal must be written, must be signed by the
employee, and set forth the grounds and the facts by
which it is claimed that grounds for appeal exist, and
must be filed through the Assistant Fire'' Chief of the
District by 5:00 p.m. on the seventh (71') calendar day
after the date of delivery to the employee of notice of
rejection.
C. The Assistant Fire Chief shall consider the appeal. He
may refer the matter to the Fire Chief for hearing,
recommend findings of fact, conclusions of law and
decision. The rejected probationer has the burden of
proof.
d. If the Fire Chief finds no probable cause for a hearing,
he shall deny the appeal. If, after hearing, the Fire
Chief upholds the appeal, the appellant shall complete
only the remainder of the probation period unless the
Fire Chief specifically orders that the appellant begin a
new probation period.
#AFF, LOCAL 1230 24 1998-1999 Mou
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11.5 New Emoloyees. The regular appointment of a
probationary employee shall begin on the day following the end of
the probationary period. Upon successful completion of probation,
the employee's supervisor will send the Assistant Fire Chief a
letter stating that the individual has performed satisfactorily and is
recommended for permanent appointment. A probationary
employee may be rejected at any time during the probation period
without regard to the Skelly provisions of this MMU without notice
and without right of appeal or hearing. If the appointing authority
has not returned the probation report, a probationary employee
may be rejected from service within a reasonable time after the
probation period for failure to pass probation. If the appointing
authority fails to submit, in a timely manner, the proper written
documents certifying that a probationary employee has served in
a satisfactory manner and later acknowledges it was the
appointing authority's intention to do so, the regular appointment
shall begin on the day following the end of the probationary
period.
11.6 Layoff During Pr-obabon. An employee who is laid off
during probation, if re-employed in the same class by the District,
shall be required to complete only the balance of the required
probation.
11.7 Refection Dur*na Probation of Layoff Employee. An
employee who has achieved permanent status in the class before
layoff and who subsequently is appointed from the layoff list and
then rejected during the probation period shall be automatically
restored to the layoff list, unless discharged for cause, if the
person is within the period of layoff eligibility.
SECTION 12 - LAYOFFANDSENIQRIIY
1AFF,LOCAL 1230 25 1998-1999 Mou
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12.1 Grounds for Lawff. Any District employee(s) serving
in a permanent position(s) may be laid off when the position is no
longer necessary, or for reasons of economy, lack of work, lack of
funds or for such other reason(s) as the Board of Supervisors
deems sufficient for abolishing the position(s).
12.2 Notice. The District will give employees scheduled for
layoff at least fourteen (14) calendar days notice prior to their last
day of employment.
12.3 order of LayDff. The order of layoff in the District shall
be based on inverse seniority in the class.
12.4 Rules on Displacing. A laid-off or displaced employee
shall displace an employee in the next lower classification in the
job series provided the employee meets the minimum qualifications
for the classification.
12.5 Lay-Qff Lists. Layoff Lists are in effect for one (1) year
from the date of layoff and contain the name(s) of person(s) laid-
off, displaced or voluntarily demoted in lieu of layoff. The Layoff
List for a specific class shall be the first list from which-referrals are
made. There will be no referrals from other employment lists until
the Layoff List for the class is exhausted or the remaining eligibles
are not interested in the position.
12.6 Removal from Layer List. An eligible may be removed
from a Layoff List for: 1 ) failure to respond to a written or telephone
notice of referral within five (5) calendar days; 2) failure to keep the
Fire Chief advised of a correct mailing address or telephone
number; and 3) declining an offer of employment in the same job
classification from which they were laid off.
12.7 Seniority. An employee's seniority within a class for
layoff and displacement purposes shall be determined by adding
the employee's length of service in the particular class in question
IAFF,LOCAL 1230 26 1998-1999 MOU
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to the employee's length of service in ether classes at the same or
higher level in the job series. Service for layoff and displacement
purposes includes only the employee's last continuous permanent
District employment. In the event of ties in seniority rights in the
particular class in question, such ties shall be broken by length of
last continuous permanent District employment. Any remaining ties
shall be broken by random selection among the employees
involved.
For employees hired on April 1 , 1995, seniority for layoff and
displacement purposes is shown in Attachment A. Upon
promotion, demotion or transfer, employees class seniority date
shall be the effective date of the promotion, demotion or transfer.
12.8 Seniority on Return From Lay-off. A District employee
returning from layoff shall have their seniority dates adjusted by
the period of layoff separation.
SECTION 13 - RESIGNATIONS
An employee's voluntary termination of service is a resignation.
Written or oral resignations shall be forwarded to the
Administrative Assistant Fire Chief by the employee immediately
and shall indicate the effective date of termination.
13.1 Resignation in Goo Standing. A resignation giving
the District written notice at least four (4) weeks in advance of the
last date of service (unless the appointing authority requires a
longer period of notice, or consents to the employee`s termination
on shorter notice) is resignation in good standing.
13.2 Constructive Resig. o.. A constructive resignation
occurs and is effective when:
1AFF,LOCAL 1230 27 1998-1999 MOU
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a. An employee has been absent from duty without leave
for ten (10) consecutive working days; and
b. Ten (10) more consecutive days have elapsed without
response by the employee after the mailing of a notice
of resignation by the appointing authority to the
employee at the employee's last known address.
13.3 Effective Resignation. A resignation is effective when
delivered or spoken to the District, operative either on the date or
another date specified.
13.4 Revocation. A resignation that is effective is revocable
only by written concurrence of the employee and the District.
14 - DISMISSAL, SUSPENSION, UEMOTION AND
REDUG110N IN SALA
14.1 Sufficient Cause for Action.
The District may reduce in salary, dismiss, suspend, or demote
any employee for cause. The following are sufficient causes for
such action; the list is indicative rather than inclusive of
restrictions and dismissal, suspension, demotion, or reduction in
salary may be based on reasons other than those specifically
mentioned:
a. Absence without leave.
b. Conviction of any criminal act involving moral turpitude.
C. Conduct tending to bring the District into disrepute.
d. Disorderly or immoral conduct while on duty or
representing the District.
[AFF,LOCAL 1230 28 1998-1999 MOU
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e. Incompetence or inefficiency.
f. Insubordination.
9- Being at work while under the influence of liquor or
illegal drugs, carrying onto the premises liquor or illegal
drugs or consuming or using liquor or drugs during work
hours and/or on District premises. (The District may
require medical testing to determine cause.)
h. Neglect of duty (i.e.; non-performance of reasonably
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 Fire Chief.
k. Willful violation of any of the provisions of the District's
administrative Bulletins.
1. Material and intentional misrepresentation or
concealment of any fact in connection with obtaining
employment.
M. Misappropriation of District funds or property.
n. Unreasonable failure or refusal to undergo any
physical, medical and/or psychiatric exam and/or
treatment authorized by the Administrative Bulletins.
0. Dishonesty or theft.
P. Excessive or inexcusable absenteeism and/or
tardiness.
JAFF,LOCAL 1230 29 1998-1999 mou
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q. Sexual harassment including but not limited to
unwelcome sexual advances, requests for sexual
favors, and ether verbal, visual or physicalconduct of a
sexual nature, when such conduct has the purpose or
effect of affecting employment decisions concerning an
individual, interfering with an individual's work
performance, or creating an intimidating, hostile or an
offensive working environment.
Reduction in salary shall not exceed five percent (5%) of the
employee's base salary for a period of more than sixty (50)
consecutive calendar days.
14.2 Skelly Requirements. Notice of Proposed Action
(Skelly Notice). Before taking a disciplinary action to dismiss,
suspend for more than five (5) work days (forty-eight (48) hours
for employees on a fifty-six (55) hour work week), temporarily
reduce the pay of or demote an employee, the District shall cause
to be served personally or by certified mail on the employee, a
Notice of Proposed Action, which shall contain the following:
a. A statement of the action proposed to be taken.
b. A copy of the charges, including the acts or omissions
and grounds upon which the action is based.
C. if it is claimed that the employee has violated a rule or
regulation of the County 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.
1AFF,LOCAL 1230 30 9998-1899 MOu
e. A statement that the employee has seven (7) calendar
days to respond to the District either orally or in writing.
14.3 Em loyee Response. The employee upon whom a
Notice of Proposed Action has been served shall have seven (7)
calendar days to respond. Upon request of the employee and for
good cause, the Fire Chief, or designee, may extend in writing the
period to respond. If the employee's response is not filed within
seven (7) days or during any extension, the right to respond is
lost.
14.4 Leave Pending Em one fResponse.Response. Pending
response to a Notice of Proposed Action within the first seven (7)
days or extension thereof, the District, for cause specified in
writing, may place the employee on temporary leave of absence
with pay.
14.5 Nolice of Suspension Without Pay-Due to -E!end*
Criminal Charges. Before suspending an employee due to
pending criminal charges, the District shall cause to be served
either personally or by certified mail on the employes a Notice of
Suspension Due to Pending Criminal Charges, which shall
contain the following:
a. A statement that the employee is suspended while
criminal charges are pending or until the charges are
dismissed.
b. A statement of the charges upon which the suspension
is based and of the facts by which such charges
adversely affect the District service or conflict with
continued employment.
IAFF,LOCAL 1230 31 1996-1999 Mou
C. A statement that the employee may respond to the
District either orally or in writing within seven (7)
calendar days.
d. A statement that disciplinary action may be taken after
disposition of the charges.
e. The Notice of Suspension Die to Pending Criminal
Charges may include a Notice of Proposed Action
(Skelly Notice) under Section 14.2.
f. The District, upon giving notice . as provided in this
Section may immediately suspend without pay an
employee against whom there is pending a criminal
charge which adversely affects District service or
conflicts with continued employment. Pending criminal
charges exist when an employee has been arrested or
has been named a defendant in a criminal complaint or
indictment filed-in any court.
g. The Fire Chief, or his designee, may order lost pay
restored for good cause, and subject to the employee's
duty to mitigate damages, but not if the employee; 1) is
given a Notice of Proposed Action (Skelly Notice) and
2) is dismissed or otherwise disciplined for cause
directly related to the charges within fourteen (14)
calendar days after the District has knowledge of final
disposition of the charges.
14,6 Procedure on Dismissal, Suspension gr
Disci ip inary Dewigtion.
a. in any disciplinary action to dismiss, suspend or demote
an employee in a position with the District, after having
complied with the Skelly requirements where
1AFF,LOCAL 1230 32 1998-1999 MOU
applicable, the District shall make an order in writing
stating specifically the causes for the action.
b. Service of Order: Said order of dismissal, suspension,
or demotion shall be filed with the Director of Human
Resources, showing by whom and the date a copy was
served upon the employee to be dismissed, suspended
or demoted, either personally or by certified mail to the
employee's last known mailing address. The order
shall be effective either upon personal service or
deposit in the U.S. Postal Service.
C. Em l yeenem from Order: The employee may
appeal an order of dismissal, suspension or demotion
to the Fire Chief or through the procedures in Section
15, Grievance Procedure, of this MOU provided that
such appeal is filed in writing with the Assistant Fire
Chief within ten (10) calendar days after service of said
order. An employee may not both appeal to the Fire
Chief and file a grievance.
SECTION 15 - GRIEVANCE PROCEDURE
15.1 Definition and P'rvcedural 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
CountyfDistdct official shall be final, the interpretation or
application of those provisions not being subject to the grievance
procedure) or disciplinary actions. The Union may represent the
employee at any stage of the process. Grievances must be filed
within fifteen (15) days of the incident or occurrence about which
the employee claims to have a grievance and shall be processed
in the following manner:
{AFF, LOCAL 1230 33 1998-1999 MOu
a. Step-1.. Any employee or group of employees who
believes a provision of this MOUhas been
misinterpreted or misapplied to the employee's
detriment shall discuss the complaint on an informal
basis with the employee's appropriate Chief Officer who
shall meet with the employee and respond to the
grievance within five (5) duty shifts, or ten (1 g)
workdays when a grievance is fired by employees
assigned to a forty (40) hour work week, of a request to
hold such a meeting.
b. Step 2. If a grievance is not satisfactorily resolved in
Step 1 above, the employee may submit the grievance
in writing within five (5) calendar days to such
management official, other than the Chief Officer who
participated in Step 1 above, as the Fire Chief may
designate. This formal written grievance shall state
which provision of the MCU has been misinterpreted or
misapplied, how the misinterpretation or misapplication
has affected the employee to the employee's detriment,
and the redress the employee seeks. A copy of each
written communication on a grievance shall be filed with
the Director of Human Resources. The designated
management official shall have ten (10) workdays in
which to respond to the grievance in writing.
C. ,Steffi. if a grievance is not satisfactorily resolved in
Step 2 above, the employee may appeal in writing
within five (5) workdays to the Director of Human
Resources. The Director of Human Resources or
designee shall have fifteen (15) workdays in which to
investigate the merit of the complaint, meet with the
Fire Chief or designee and the employee to attempt to
settle the grievance, and respond in writing to the
employee and the employee's Union representative.
1AFF,LOCAL 1230 34 1998-1999 Mou
d. St _A. No grievance may be processed under this
Section which has not first been fled and investigated
in accordance with Step 3, above and filed within five
(5) calendar days of the written response of the Director
of Human Resources or designee. If the parties are
unable to reach a mutually satisfactory accord on any
grievance which arises and is presented during the
term of this MOU, such grievance shall be submitted in
writing within five (5) calendar days to the Director of
Human Resources requesting that the grievance be
submitted to an Adjustment Board. Such Adjustment
Board is to be comprised of two (2) union
representatives, no more than one (1 ) of whom shall be
either an employee of the District or a member of the
Union presenting this grievance, and two (2)
representatives of the Distinct, no more than one (1 ) of
whom shall be an employee of the District or a County
employee or a member of the staff of an organization
employed to represent the District in the meeting and
conferring process. The Adjustment Board shall meet
and render a decision within fifteen (15) calendar days
of receipt of a written request.
e. S . if an Adjustment Board is unable to arrive at a
majority decision, either the employee (or the
County/District, when alleging a violation of Section 19
of the MOU) may require the grievance be referred to
an impartial arbitrator who shall be designated by
mutual agreement between the employee and the
Director of Human Resources. Such request shall be
submitted within ten (10) calendar days of the rendering
of the Adjustment Board decision to the Director of
Human Resources (or the designated representative of
the Union when the County/District is alleging a
violation of Section 19 of the MOU). Within thirty (30)
calendar days of the request for arbitration, the parties
1AFF,LOCAL 1230 35 1998-1999 MOU
shall mutually select an arbitrator. The fees and
expenses of the arbitrator and of the Court Reporter
shall be shared equally by the employee and the
County. Each party, however, shall bear the costs of its
own presentation, including preparation and post-
hearing briefs, if any.
f. For the purposes of this Section the term "workday'
shall be defined as any day except a Saturday, Sunday
or holiday.
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 the Union which has been certified as
the recognized employee organization for such unit and
unless such dispute falls within the definition of a
grievance as set forth in Section 15.1 .a 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.
[AFF,LOCAL 1230 36 1998-1999 Mou
d. If the Director of Human Resources in pursuance of the
procedures outlined in Section 15.1 .c above, or the
Adjustment Board in pursuance of the provisions of
Section 15.1 .d 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; but, in the event that the
grievance is carried to arbitration and such employee is
found to have been properly discharged under the
provisions of Section 14 (Dismissal, Suspension,
Demotion and Reduction in Salary) such employee may
not be ordered reinstated and no penalty may be
assessed upon the County/District.
15.3 Time Limits. The time limits and steps specified above
may be waived by mutual agreement of the parties to the
grievance. If the District fails to meet the time limits specified in
Steps 1 through 3 above, the grievance will automatically move to
the next step. If a grievant fails to meet the time limits specified in
Steps 1 through 5 above, the grievance will be deemed to have
been settled and withdrawn.
15.4 Formal Pnesentation. An Official, with whom a formal
grievance is filed by a grievant who is included in. a unit
represented by the Union, but is not represented by the Union in
the grievance, shall give the Union a copy of the formal
presentation.
15.5 Compensation C=121aints. All formal complaints
involving or concerning the payment of compensation shall be
initially filed in writing with the Fire Chief. Only complaints which
allege that employees are not being compensated in accordance
with the provisions of this 11 OU shall be considered as
grievances. Any other matters of compensation are to be
resolved in the meeting and conferring process, if not detailed in
1AFF,LOCAL 1230 37 9998-1999 Mou
the MCU which results from such meeting and conferring
process, shell be deemed withdrawn until the meeting and
conferring process is next opened for such discussion. No
adjustments shall be retroactive for more than six (8) months 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 District and the Union.
15.6 CAC's Office or Board of Supervisors The Union
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.
15.7 Letters of Reprimand. Letters of reprimand are
subject to the grievance procedure but shall not be processed
past Step 3. Letters of reprimand shall be served personally or by
certified mail on the affected employee. A copy of the letter of
reprimand shall be placed in the employee's official personnel file
maintained by the District.
S P 18 UNIFORM ALLOWANCE
All members of the Unit shall be paid a uniform allowance of thirty
dollars ($30.00) per month. This allowance shalt be for the
purchase and maintenance of uniform clothing described in
District Administrative Bulletin No. 140 (Uniform).
SECTION 17 - RETIREMENT COVERAGE
Pursuant to Government Code Section 31581 .1 the District will
pay fifty percent (50%) of the retirement contributions normally
required of employees. Such payments shall continue for the
duration of this MOU, January 1 , 1998 to December 31 , 1999.
IAFF,LOCAL 1230 38 1998-1999 MOU
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Employees shall be responsible for payment of the employee's
contribution for the retirement cost of living program as
determined by the Board of Retirement of the Contra Costa
County Employee's Retirement Association without the County
paying any part of the employee's share. The County will pay the
remaining one-half (1/2) of the retirement cost-of-living program
contribution.
SECTION 18 - MINIMUM STAFFING.
The minimum staffing in the East Diablo Fire Protection District
shall be seven (7).
Fire station staffing within the District may be reduced below the
scheduled level in order to accommodate Fire District programs.
Said level of staffing may be reduced by such events as the
closure of a fire station. Should management of the District
change its policy with regard to the minimum level of staffing, it
will inform the Union of such proposed change(s) and meet and
confer with the Union over the effect of such policy change(s) on
workload and safety.
The District will develop an administrative bulletin regarding
proper qualified relief.
SECTION 19 - NO STRKE
During the term of this MOU, the Union, its members and
representatives, agree that it and they will not engage in,
authorize, sanction or support any strike, slowdown, refusal to
perform customary duties, stoppage of work or sick-out against
the District.
IAFF,LOCAL 1230 39 1998-1999 Mou
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SECTION 20 UNFAIR LABOR PRACTICE
Either the District/County or the Union may file ars unfair labor
practice as defined in Chapter 84-22 of Resolution 81/1165
against the other. Allegations of an unfair labor practice, if not
resolved in discussions between the parties, may be heard by a
mutually agreedupon impartial third party.
CTIA 21 - 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 previsions, said
provisions shall become effective upon the first day of the month
following thirty (80) days after such Ordinance is adopted.
SECTION 22 - SCOPE OF AGREEMENT & SEf!ARABILITY OF
PILO ISIONS
22.1 cop-e...of ,agreement. Except as otherwise specifically
provided herein, this MOU represents the full and complete
incorporation of those proposals which were considered and
evaluated pursuant to the meet and confer process. This MOU
constitutes the entire and sole agreement between the parties on
any and all matters which were presented during the meet and
confer process. If a proposal was made by either party and not
incorporated within this Agreement, then it was considered and
rejected.
[AFF,LOCAL 1230 40 1998-1989 Mou
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22.2 Separability of 12rQvisions. 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..
22.3 Duration of ,Agreement. This Agreement shall
continue in full force and effect from January 1 , 1998 and ending
December 31 , 1999.
IAFF,LOCAL 1230 41 1998-1999 MOU
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Attachment A
Seniority List for Layoff and Displacement Purposes
Seniority Class Seniority District
Employee Class Rank Rank
Currier, Michael Fire Captain 1 2
Spediacci, Cliff Fire Captain 2 3
Foster, John Fire Captain 3 5
Draper, Mark Fire Captain 4 7
Patridge, Wallace Senior Firefighter 1 1
Speciacci, Steve Senior Firefighter 2 4
McKinney, Rod Senior Firefighter 3 6
Baio, Daniel Senior Firefighter 4 8
Burris, Jeff Senior Firefighter 5 9
Gonzalez, Jake Senior Firefighter 6 10
Dominguez, Gilbert Senior Firefighter 7 11
Greene, Michael Senior Firefighter 8 12
March, Garu Senior Firefighter 9 13
Marshall, Daniel Senior Firefighter 10 15
Crouse, Jeff Firefighter 1 14
IAFF, LOCAL 1230 42 1998-1999 MOU
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AGENDA DATE ITEM NO.
BACKGROUND NOT AVAILABLE AT
THE TIME AGENDA PACKET COMPILED
INFORMATION FOR THIS ITEM PREVIOUSLY
FURNISHED
ORAL REPORT TO BE GIVEN AT BOARD MEETING
ERROR IN NUMBERING AGENDA ITEM
DELETED
DOCUMENTS ON FILE WITH
CLERK
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