HomeMy WebLinkAboutMINUTES - 12052006 - C.62 � r
TO: BOARD OF SUPERVISORS
?`4CONTRA .;
FROM: Lori Gentles, Assistant County Administrator-
Director of Human Resources yA'. r, s COSTA
DATE: December 5, 2006 °7`° -''' COUNTY
Ari,,..N.CI
SUBJECT: Memorandum of Understanding with the Deputy Sheriffs
Association — Management Unit (DSA) for October 1,
2005 through June 30, 2008
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION `<<';'
RECOMMENDATION: _ .
ADOPT the attached Resolution No. 2006/ approving the Memorandum of Understanding
between Contra Costa County and the Deputy Sheriff's Association — Management Unit (DSA)
implementing negotiated wage agreements and other economic terms and conditions of employment
beginning October 1, 2005 through June 30, 2008.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMM ATION OF BOARD COMMITTEE
�PPROVE _OTHER
r
SIGNATLIRE(S):Clvz�
ACTION OF BOAD N APPROVED AS RECOMMENDED OTHER _
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
NANIMOUS(ABSENT ) COPY OF AN ACTION TAKEN AND ENTERED ON THE
U
YES: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE
ABSENT: ABSTAIN: SHOWN.
rye .� i
Orig. DZu'm Zources Departrlfenf - ATTESTED z(q4q s
cc: County Administrator JOHN B.CULLEN,CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Auditor-Controller
Deputy Sheriff's Association(DSA)
BY �C� �U /� / ,DEPUTY
M382(10/88) V
I
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 5, 2006 by
the following vote:
AYES-
NOES:
l
NOES: Nf`-
ABSENT:
ABSTAIN:
SUBJECT: Adopt the Memorandum of ) RESOLUTION NO. 2006/
Understanding with Deputy Sheriff's }
Association — Management Unit (DSA) )
BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the
Memorandum of Understanding (MOU) (copy attached and included as part of this document)
between Contra Costa County and the Deputy Sheriff's Association — Management Unit
(DSA), jointly signed by Lori Gentles, Assistant County Administrator, Director of Human
Resources, and John Noble, Labor Representative, Deputy Sheriff's Association —
Management Unit (DSA), implementing negotiated wage agreements and other economic
terms and conditions of employment beginning October 1, 2005 through June 30, 2008 for
those classifications represented by that employee organization.
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.
Orig. Dept: Human Resources Department
cc: County Administrator ATTESTED
County Counsel (JOHN B.CULLEN,CLERK OF"THE BOARD OF
Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR
Deputy Sheriffs Association(DSA)
BY O DEPUTY
RESOLUTION NO. 2006/_a(
i
Agenda Date: l�- • } ' o b Item No.:
Subject: Presenter:
Agenda Clerk's Note:
❑ Background not available at the time the agenda packet was compiled
❑ Information for this item was previously furnished (Date: )
❑ Oral Report to be given at the Board Meeting
❑ Error in numbering agenda items
❑ Deleted
❑ Documents on file with the Clerk of the Board
{
[Y/Document or attachments included separate from this packet
(voluminous/boundloversize%olor pages, etc.)
No
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS' ASSOCIATION
MANAGEMENT UNIT
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
Contra Costa County in employer-employee relations matters as provided in
Board of Supervisors Resolution 81/1165, Section 34-8.012.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees in units in which the
Association is the recognized representative, have freely exchanged information,
opinions and proposals and have endeavored to reach agreement on all matters
relating to the employment conditions and employer-employee relations covering
such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors
as the joint recommendations of the undersigned for salary and benefits for the
period commencing October 1, 2005 and ending June 30, 2008.
I
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DEFINITIONS
DEFINITIONS
Appointing Authority: Department Head unless otherwisE' provided by statute or
ordinance.
t Association: Deputy Sheriffs' Association.
x' Class: A group of positions sufficiently similar with respect to the duties and
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responsibilities that similar selection procedures and qualifications may apply and
that the same descriptive title may be used to designate each position allocated
to the group.
Class Title: The designation given to a class, to each position allocated to the
class, and to the employees allocated to the class.
County: Contra Costa County.
` Demotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is lower than the top step of the
class. which the employee formerly occupied except as provided for under
., "Transfer" or as otherwise provided for in this MOU, in the Personnel
Management Regulations, or in specific resolutions governing deep
classifications.
y Director of Human Resources: 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 or reemployment or
layoff list for a given classification.
Employee: A person who is an incumbent of a position or who is on leave of
absence in accordance with provisions of this MOU and whose position is held
pending his/her return.
Employment List: A list of persons who have been found qualified for
employment in a specific class.
Layoff List: A list of persons who have occupied positions allocated to a class in
the Merit System and who have been involuntarily separated by layoff or
displacement or have voluntarily demoted in lieu of layoff.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as needed, paid on
an hourly basis.
DSA MGMT. UNIT - 2 - 2005 — 2008 MOU
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DEFINITIONS
Permanent Part-Time Position: Any position which will require the services of
an incumbent for an indefinite period but on a regularly scheduled less than full
time basis.
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Project Employee: An employee who is engaged in a time limited program or
service by reason of limited or restricted funding. Such positions are typically
funded from outside sources but may be funded from County revenues.
Promotion: The change of a-permanent employee to another position in a class
allocated to a salary range for which the top step is higher than the top step of the
class which the employee formerly occupied, except as provided for under
"Transfer" or as otherwise provided for in this MOU, in the Personnel
Management Regulations, or in specific resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for the regular full time,
part-'time or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to
another class at the same range of the salary schedule or to a class which is
allocated to another range that is within five (5) percent of the top step, except as
otherwise provided for in the Personnel Management Regulations, deep class
resolutions or other ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a
higher class or reducing it to a lower class on the basis of significant changes in
the kind, difficulty or responsibility of duties performed in such position.
Reemployment List: A list of persons, who have occupied positions allocated to
any class in the merit system and, who have voluntarily separated and are
qualified for consideration for reappointment under the Personnel Management
Regulations governing reemployment.
Resignation: The voluntary termination of permanent service with the County
from'a position in the merit system.
Temporary Employment: Any employment in the merit system which will require
the services of an incumbent for a limited period of time, paid on an hourly basis,
not in an allocated position or in permanent status.
Transfer: The change of an employee who has permanent status in a position to
another position in the same class in a different department, or to another
position in a class which is allocated to a range on the salary plan that is within
five percent (5%) at top step as the class previously occupied by the employee.
DSA MGMT. UNIT - 3 - 2005 - 2008 MOU
SECTION 1 - RECOGNITION
SECTION 1 - RECOGNITION
1.1 Association Recoqnition. The Association is the formally
recognized employee organization for the,Deputy Sheriffs' Management Unit and
such organization has been certified as such pursuant to Chapter 34-12 of Board
of Supervisor's Resolution 81/1165 by Board Order dated September 21 , 1993.
Represented classes.in this unit are:
Captain (6XDA)
Deputy Sheriff-Chief, Criminalistics Lab (6DDA)
Sheriffs Chief of Forensic Services (6DDB)
Lieutenant (6XHA)
Deputy Sheriff-Supervising Criminalist (6DHA)
1.2 Association Business. All elected members of the Board of the
governing body of the DSA and any general member having agendized business
before the Board requiring the member's personal appearance may be allowed to
attend said Board meeting during duty hours without any loss of pay or benefit,
provided that at least twenty-four (24) hour advance written request is made.
The supervisor of the member shall be empowered to grant release time, if the
granting of same would not require added costs (i.e., overtime or replacement by
a temporary employee). Operational impact will also be considered.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution 81/1165
only a majority representative may. have dues deduction and as such the
Association has the exclusive privilege of dues deduction for all members in its
unit.
2.2 Maintenance of Membership. All employees in units represented
is by the Association who are currently paying dues to the Association and all
employees in such units who hereafter become members of the Association shall
as a condition of continued employment .pay dues to the Association for the
duration of this MOU and each year thereafter so long as the Association
continues to represent the position to which the employee is assigned, unless the
employee has exercised the option to cease paying dares in accordance with
Section 2.3.
2.3 Withdrawal of Membership. By notifying the Auditor-Controller's
_ Department in writing, between August 1 and August 31, 2005, any employee
DSA MGMT. UNIT - 4 - 2005 — 2008 MOU
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SECTION 2 - ASSOCIATION SECURITY
may withdraw from Association membership and discontinue paying dues as of
the payroll period commencing September 1, 2005, discontinuance of dues
payments to then be reflected in the October 10, 2005 paycheck. Immediately
upon the close of the above mentioned thirty (30) day period the Auditor-
Controller shall submit to the Association a list of the employees who have
rescinded their authorization for dues deduction.
2.4 Communicating With Employees. The Association shall be
allowed to use designated portions of bulletin boards or display areas in public
portions of County buildings or in public portions of offices in which there are
employees represented by the Association, provided the communications
displayed have to do with official organization business such as times and places
of meetings and further provided that the Association appropriately posts and
removes the information. The department head reserves the right to remove
objectionable materials after notification to and discussion with the Association.
Representatives of the Association, not on County time, shall be permitted to
place a supply of employee literature at specific locations in County buildings if
arranged through the Labor Relations Manager; said representatives may
distribute employee organization literature in work areas (except work areas not
open to the public) if the nature of the literature and the proposed method of
distribution are compatible with the work environment and work in progress. Such
placement and/or distribution shall not be performed by on duty employees.
The Association shall be allowed access to work locations in which it represents
employees for the following purposes:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
d. to represent an employee on an appeal, and/or to contact an
Association officer on a matter within the scope of representation.
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',5 Use of County Buildings. The Association shall be allowed the use
of areas normally used for meeting purposes for meetings of County employees
during non-work hours when:
DSA MGMT. UNIT - 5 - 2005 - 2008 MOU
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SECTION 2 - ASSOCIATION SECURITY
a. Such space is available and its use by the Association is scheduled
twenty-four (24) hours in advance;
b. there is no additional cost to the County;
C. it does not interfere with normal County operations;
d. employees in attendance are not on duty and are not scheduled for
duty;
e. the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Association shall maintain proper order at the
meeting, and see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is
prohibited, even though it may be present in the meeting area.
2.6 Advance Notice. The Association shall, except in cases of
emergency, have the right to reasonable notice of any ordinance, rule, resolution
or regulation directly relating to matters within the scope of representation
proposed to be adopted by the Board, or boards and commissions designated by
the Board, and to meet with the body considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal at
least seventy-two (72) hours before the item will be heard, or the delivery of a
copy of the proposal at least twenty-four (24) hours before the item will be heard,
shall constitute notice.
In cases of emergency when the Board, or boards and commissions designated
by the Board determines it must act immediately without such notice or meeting,
it shall give notice and opportunity to meet as soon as practical after its action.
2.7 Assignment of Classes to Bargaining Unfits. The County shall
assign new classes in accordance with the following procedure:
fi a. Initial Determination. When a new class title is established, the Labor
Relations Manager shall review the cornposition 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.
DSA MGMT. UNIT - 6 - 2005 — 2008 MOU
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SECTION 3 - NO DISCRIMINATION
b. Final Determination. This 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. The Labor Relations 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 (1) of Section 34-12.008
of Board of Supervisors' Resolution 81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin,
sex, sexual orientation or Association activities against any employee or applicant
for employment by the County or by anyone employed by the County; and to the
extent prohibited by applicable State and Federal law there shall be no
discrimination because of age. There shall be no discrimination against any
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 REPRESENTATIVES
4.1 Attendance at . Meetings. . Employees designated as official
representatives of the Association shall be allowed to attend meetings held by
County agencies during regular working hours on County time as follows:
a. If their attendance is required by the County at a specific meeting;
b. if their attendance is sought by a hearing body for presentation of
testimony or other reasons;
C. if their attendance is required for meeting(s) scheduled at reasonable
times agreeable to all parties required to address appeals filed
pursuant under Section 24 - Management Complaint Procedure of
this MOU;
d. if they are designated as spokesperson or representative of the
Association and as such make representations or presentations at
! meetings or hearings on wages, salaries and working conditions;
DSA MGMT. UNIT - 7 - 2005 - 2008 MOU
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SECTION 5 - SALARIES
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provided in each case advance arrangements for time away from the
employee's work station or assignment are made with the
appropriate department head or his designee, and the County
agency calling the meeting is responsible for determining that the
attendance of the particular.empioyee(s) is.required.
4.2 Association Representatives. Official represi�Mtatives of the Deputy
Sheriffs' Management Unit shall be allowed time off on County time for meetings
during regular working hours when formally meeting and conferring in good faith
or consulting with the Labor Relations Manager of other management
jA 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 appropriate department
head or his designee.
SECTION 5 - SALARIES
5.1 General Wage Increases. Employees in the classifications
designated as safety employees shall receive the following increases in base
pay- .
October 1 , 2006: 2.0% increase in base pay
October 1 , 2007: 2.0% increase in base pay
f' March 1, 2008: 2.0% increase in base pay
Sixth Salary Step: January 1 , 2008 the County shall add a.sixth step of 2.5% in
base pay to the salary range for all safety classifications. The time between steps
{ - shall be as follows: 6 months between Step 1 and 2. Thea time between Step 2
and Step 3 shall be 12 months. The time between Step 3 and Step 4 shall be 12
months. The time between Step 4 and Step 5 shall be 12 months. The time
between Step 5 and Step 6 shall be 18 months. The total shall be 60 months (5
years) from Step 1 to Step 6.
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' 5.2 Entrance Salary. New employees shall generally be appointed at
the minimum step of the salary range established for the particular class of
position to which the appointment is made. However, the appointing authority
may fill a particular position at a step above the minimum of the range.
5.3 Anniversary Dates. Except as may otherwise be provided for in
t
deep class resolutions, anniversary dates will be set as follows:
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a. New Employees. The anniversary date of a new employee is the first
day of the calendar month after the calendar month when the .
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employee successfully completes six (6) months service provided
DSA MGMT. UNIT - 8 - 2005 — 2008 MOU
SECTION 5 - SALARIES
however, if an employee began work on the first regularly scheduled
workday of the month the anniversary date is the first day of the
calendar month when the employee successfully completes six (6)
months service.
b. Promotions. The anniversary date of a promoted employee is
determined as for a new employee in Section 5.3.a above.
C. Demotions. The anniversary of a demoted employee is the first day
of the calendar month after the calendar month when the demotion
was effective.
d. Transfers, Reallocations and Reclassifications. The anniversary date
of an employee who is transferred to another position or one whose
position has been reallocated or reclassified to a class allocated to
the same salary range or to a salary range which is within five
percent (5%) of the top step of the previous classification, remains
unchanged.
e. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range and
not required to serve a probation period is determined in the same
way as the anniversary date is determined for a new employee who
is appointed the same date, classification and step and who then
successfully completes the required probationary period.
f. Notwithstanding other provisions of this Section 5, the anniversary of
an employee who is appointed to a classified position from outside
the County's merit system at a rate above the minimum salary for the
employee's new class, or who is transferred from another
governmental entity to this County's merit system, is one (1) year
from the first day of the calendar month after the calendar month
when the employee was appointed or transferred;provided however,
when the appointment or transfer is effective on the employee's first
regularly scheduled work day of that month, his/her anniversary is
one (1) year after the first calendar day of that month.
5.4 Increments Within Range. The performance of each employee,
except those of employees already at the maximum salary step of the appropriate
salary range, shall be reviewed on the anniversary date as set forth in Section 5.2
to determine whether the salary of the employee shall be advanced to the next
higher step in the salary range. Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on satisfactory performance
by the employee. The appointing authority may recommend denial of the
increment or denial subject to one additional review at some specified date before
the next anniversary which must be set at the time the original report is returned.
DSA MGMT. UNIT - 9 - 2005 - 2008 MOU
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SECTION 5 - SALARIES
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1) step within-range
increment be granted at one time, except as otherwise pxovided in deep-class
resolutions. In case an appointing authority recommends denial of the within
range increment on some particular anniversary date, but recommends a special
salary review at some date before the next anniversary they special salary review
shall not affect the regular salary review on the next anniversary date. Nothing
herein shall be construed to make the granting of increments mandatory on the
County. If the department verifies in writing that an administrative or clerical error
was made in failing to submit the documents needed to advance an employee to
the next salary step on the first of the month when eligible, said advancement
shall be made retroactive to the first of the month when eligible.
5.5 Part-Time Compensation. A part-time employee shall be paid a
monthly salary in the same ratio to the full-time monthly rate to which the
employee would be entitled as a full-time employee under, the provisions of this
Section 5 as the number of hours per week in the employee's part-time work
schedule bears to the number of hours in the full-time work schedule of the
department.
5.6 Compensation for Portion of Month. Any employee who works
less than any full calendar month, except when on earned vacation or authorized
sick leave, shall receive as compensation for services an CiMount which is in the
same ratio to the established monthly rate as the number of days worked is to the
actual working days in such employee's normal work schedule for the particular
month; but if the employment is intermittent, compensation shall be on an hourly
basis.
5.7 Position Reclassification. An employee who is an incumbent of a
position which is reclassified to a class which is allocated to the same range of
the basic salary schedule as is the class of the position before it was reclassified,
shall be paid at the same step of the range as the employee received under the
previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a
lower range of the basic salary schedule shall continue to receive the same
salary as before the reclassification, but if such salary is greater than the
maximum of the range of the class to which the position lhas been reclassified,
the salary of the incumbent shall be reduced to the maximum salary for the new
classification. The salary of an incumbent of a position which is reclassified to a
class which is allocated to a range of the basic salary schedule greater than the
range of the class of the position before it was reclassified shall be governed by
the provisions of Section 5.9 - Salary on Promotion.
DSA MGMT. UNIT _ 10 - ,2005 — 2008 MOU
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SECTION 5 - SALARIES
5.8 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class
Which is allocated to a salary range above or below that to which it
was previously allocated, when the number of steps remain the
same, shall be compensated at the same step in the new salary
range the employee was receiving in the range to which the class
was previously allocated. If the reallocation is from one salary range
with more steps to a range with fewer steps or vice versa, the
employee shall be compensated at the step on the new range which
is in the same percentage ratio to the top step of the new range as
was the salary received before reallocation to the top step of the old
range, but in no case shall any employee be compensated at less
than the first step of the range to which the class is allocated.
B. In the event that a classification is reallocated from a salary range
with more steps to a salary range with fewer steps on the salary
schedule, apart from the general salary increase or decrease
described in 5.8.A above, each incumbent of a position in the
reallocated class shall be placed upon the step of the new range
which equals the rate of pay received before the reallocation. In the
event that the steps in the new range do not contain the same rates
as the old range, each incumbent shall be placed at the step of the
new range which is next above the salary rate received in the old
range, or if the new range does not contain a higher step, at the step
which is next lower than the salary received in the old range.
C. In the event an employee is in a position which is reallocated to a
different class which is allocated to a salary range the same as,
above or below the salary range of the employee's previous class,
the incumbent shall be placed at the step in the new class which
equals the rate of pay received before reallocation. In the event that
the steps in the range for the new class do not contain the same
rates as the range for the old class, the incumbent shall be placed at
the step of the new range which is next above the salary rate
received in the old range; or if the new range does not contain a
higher step, the incumbent shall be placed at the step which is next
lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the
deep class resolution and incumbent salary allocations, if any, shall
supersede Section 5.8.
5.9 Salary on Promotion. Any employee who is appointed to a position
of a class allocated to a higher salary range than the class previously occupied,
except as provided under Section 5.12 shall receive the salary in the new salary
DSA MGMT. UNIT - 11 - 2005 2008 MOU
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SECTION 5 - SALARIES
range which is next higher than the rate received before promotion. In the event
this increase is less than five percent (5%), the employee's salary shall be
adjusted to the step in the new range which is at least five percent (5%) greater
than the next higher step; provided. however that the next step shall not exceed
the maximum salary for the higher class.
In the event of the promotion of a laid off employee from than layoff list to the class
from which the employee was laid off, the employee shall ,be appointed at the
step. which the employee had formerly attained in the higher class unless such
`F step results in an increase of less than five percent (5%), in which case the salary
r shall be adjusted to the step in the new range which is five.' percent (5%) greater
R than the next higher step, if the new range permits such adjustment.
j4 5.10 Salary on Involuntary Demotion. Any employee who is demoted,
except as provided under Section 5.12, shall have his/her salary reduced to the
monthly salary step in the range for the class of position to which he has been
demoted next lower than the salary received before demotion. In the event this
decrease is less than five5% ,ercent '
p ( ) the employee's salary shall be adjusted
to the step in the new range which is five percent (5%) leas than the next lower
step; provided,�however, that the next step shall not be less than the minimum
salary for the lower class.
j Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of the
demoted employee shall be that step on.the salary range which he/she would
have achieved had he/she been continuously in the position to which he/she has
been demoted, all within-range increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any employee
voluntarily demotes to a position in a class having a salary schedule lower than
that of the class from which he or she demotes, his or her salary shall remain the
same if the steps in his or her new.(demoted) salary range permit, and if not, the }
new salary shall be set at the step next below former salary.
5.12 Transfer. An employee who is transferred from one position to
another as described under "Transfer" shall be placed at the step in the salary
range of the new class which equals the rate of pay received before the transfer.
In the event that the steps in the range for the new class do not contain the same
rates as the range for the old class, the employee shall be placed at the step of
the new range which is next above the salary rate received in the old range; or if
the new range does not contain a higher step, the employee shall be placed at
the step which is next lower than the salary received in the old range. If the
transfer is to.a deep class, the provisions of the deep class resolution on salary of
transfers, if any, shall apply in lieu of the above provisions.
DSA MGMT. UNIT - 12 - 2005 — 2008 MOU
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SECTION 5 - SALARIES
5.13 Pay for Work in Higher Classification. When an employee in a
permanent position in the merit system is required to work in a classification for
which the compensation is greater than that to which the employee is regularly
assigned, the employee shall receive compensation for such work at the rate of
pay established for the higher classification pursuant to Section 5.9 - Salary on
Promotion of this MOU, commencing on the eleventh (11th) work day of the
assignment, under the following conditions:
a. The employee is assigned to a program, service, or activity
established by the Board of Supervisors which is reflected in an
authorized position which has been classified and assigned to the
Salary Schedule.
b. The nature of the departmental assignment is such that the
employee in the lower classification becomes fully responsible for the
duties of the position of the higher classification.
C. Employee selected for the assignment will normally be expected to
meet the minimum qualifications for the higher classification.
d. Pay for work in a higher classification shall not be utilized as a
substitute for regular promotional procedures provided in this MOU.
e. The appropriate authorization form has been submitted by the
Department Head and approved by the County Administrator.
f. Higher pay assignments shall not exceed six (6) months except
through reauthorization.
g. If approval is granted for pay for work in a higher classification and
the assignment is terminated and later reapproved for the same
employee within thirty (30) days no additional waiting period will be
required.
h. Any incentives and special differentials accruing to the employee in
his/her permanent position shall continue unless the employee is no
longer performing the duties which warrant the differentials.
I. During the period of work for higher pay in a higher classification, an
employee will retain his/her permanent classification, and
anniversary and salary review dates will be determined by time in
that classification.
j. Allowable overtime pay, shift differentials and/or work location
differentials will be paid on the basis of the rate of pay for the higher
class.
DSA MGMT. UNIT - 13 - 2005 - 2008 MOU
SECTION 5 - SALARIES
j
5.14 Payment. On the tenth (10th) day of each month, the Auditor will
draw a warrant upon the Treasurer in favor of each employee for the amount of
salary due the employee for the preceding month; provided; however, that each
employee (except those paid on an hourly rate) may choose to receive an
AWadvance 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.
�Y
The advance shall be in an amount equal to one-third (1/3) or less (at the option
of the employee) of the employee's basic salary of the previous month except that
it shall not exceed the amount of the previous month's basic salary less all
requested or required deductions.
The election to receive an advance shall be made on or before April 30 or
October 31 of each year or during the first month of employment by filing on
forms prepared by the Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.14 all required or
requested deductions from salary shall be taken from thin second installment,
which is payable on the tenth (10th) day of the following month.
Direct Deposit Provisions. No later than July 11 2002, all employees shall
voluntarily authorize and make arrangements for the direct deposit of their
paychecks via electronic fund transfer into the financial institution of their choice
using forms approved by; the Auditor-Controller and subject to Labor. Code
section 213. Employees will have their payroll advice statements mailed to their
address on file with the County.
As a condition of continued employment, all employees hired into classifications
.represented by the DSA on or after July 1, 2002, shall voluntarily authorize and
make arrangements for the direct deposit of their paychecks via electronic fund
transfer into the financial institution of their choice using forms approved by the
Auditor-Controller, subject to Labor Code section 213.
Pursuant to Labor Code section 213, an individual employee having provided
consent for direct deposit as outlined above, may choosey to opt out of direct
deposit at a later date. Individual employees that opt-out of direct deposit will
have their pay warrant mailed to their address on file with the County under
regular County payroll procedures.
DSA MGMT. UNIT - 14 - 2005 — 2008 MOU
5?
SECTION 6 - DAYS AND HOURS OF WORK
Direct Mailing of Pay Warrant and Pay Warrant Advice. The County shall
distribute pay warrants and/or pay warrant advices via United States mail. Pay
warrant and pay warrant advices shall be mailed directly to each employee's
address on file with the County subject to the following:
a. If an employee has not received his/her pay warrant or pay warrant
advice five (5) calendar days following the mailing of said warrant or
advice, and upon request of the employee, the County shall issue a
replacement pay warrant or pay warrant advice within twenty-four
(24) hours of receiving the employee's request for a replacement.
b. Payroll errors shall be corrected as follows:
1 . Errors of one hundred dollars ($100) gross or more will be
corrected within five (5) working days.
2. Errors amounting to less than one hundred dollars ($100)
gross, shall be adjusted the next pay period.
3. The hardship requirement will no longer apply to payroll
corrections.
4. Request for payroll corrections shall be forwarded by the
Department, not by the employee, to the Auditor's Payroll
Division.
5. Payroll adjustments would be by a paper check as opposed to
an electronic transfer.
6. Items 1 through 5 above notwithstanding, the provisions of
Section 25 — Pay Warrant Errors of the current DSA MOU
remain in force and effect.
C. There shall be no fee to employees for the processing of pay
warrants and/or pay warrant advices, or for the correction of payroll
errors.
SECTION 6 - DAYS AND HOURS OF WORK
i
6.1 Normal Work Week. The normal work week of County employees is
forty (40) hours between 12:01 a.m. Monday to 12:00 midnight Sunday, usually
five (5) eight-hour days; however, where operational requirements of a
department require deviations from the usual pattern of five eight-hour days per
work week, an employee's work hours may be scheduled to meet these
requirements, but his/her working time shall not exceed an average of forty (40)
hours per seven (7) day period throughout an operational cycle, and the
DSA MGMT. UNIT - is - 2005 - 2008 MOU
'.L'-jar, � ', ::' �-`.xTf '� ' -•4.ar.e,.'� ,� '
SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
department head shall prepare written schedules in advance to support all
deviations, the schedules to encompass the complete operational cycle
contemplated.
6.2 Shift Options. Nothing herein shall preclude the Sheriff from
assigning members of this unit to the same shift pattern as a majority of
employees they supervise.
6.3 Flexible Work Schedule Policy. The parties agree to reopen the work
schedule provisions of the Memorandum of Understandioig for the purpose of
ensuring consistent practices among the departments, and compliance with
appropriate regulatory requirements. It is not the intent of the parties that such
negotiations take away from or add to the current work schedules provisions,
except to ensure that such provisions are consistently applied in the memoranda
of understanding. Any changes, except those necessitated by legal requirements,
shall be subject to agreement by both parties.
SECTION 7 - SENIORITY, WORKFORCE REDUCTION. LAYOFF &
REASSIGNMENT
7.1 Workforce Reduction. In the event that funding reductions or
shortfalls in funding occur in a department or are expected, which may result in
layoffs, the department will notify the Association and take the following actions:
a. Identify the classification(s) in which position reductions may be
required due to funding reductions or shortfalls.
b. Advise employees in those classifications that position reductions
may occur in their classifications.
c. Accept voluntary leaves of absence from employees in those
classifications which do not appear to be potentially impacted by
possible position reductions when such ` leaves can be
accommodated by the department.
d. Approve requests for reduction in hours, lateral transfers, and
voluntary demotions to vacant, funded positions in classes not
scheduled for layoffs within the department, as well as to other
departments not experiencing funding reductions or shortfalls when it
is a viable operational alternative for the departinent(s).
e. Review various alternatives which will help mitigate the impact of the
layoff by working through the Tactical Employment Team program
(TET) to:
DSA MGMT. UNIT -16 - 2005 —2008 MOU
0
1,
ii
I
I��,
SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
1. Maintain an employee -skills inventory bank to be used as a
basis for referrals to other employment opportunities.
i
2. Determine if there are other positions to which employees may
be transferred.
3. Refer interested persons to vacancies which occur in other job
classes for which they qualify and can use their layoff
eligibility.
4. Establish workshops to aid laid off employees in areas such as
resume preparation, alternate career counseling, job search
strategy, and interviewing skills.
i
f. When it appears to the Department Head and/or Labor Relations
Manager that the Board of Supervisors may take action which will
result in the layoff of employees in a representation unit, the Labor
Relations Manager shall notify the Association of the possibility of
such layoffs and shall meet and confer with the Association
regarding the implementation of the action.
7.2 Separation Through Layoff
A. Grounds for Layoff. Any employee(s) having permanent status in
position(s) in the merit service may be laid off when the position is no
longer necessary, or for reasons of economy, lack of work, lack of
funds or for such other reason(s) as the Board of Supervisors deems
sufficient for abolishing the position(s).
B. t Order of Layoff. The order of layoff in a department shall be based
on inverse seniority in the class of positions, the employee in that
department with least seniority being laid off first and so on
C. Layoff By Displacement.
1 . In the Same Class. A laid off permanent full time employee
may displace an employee in -the department having less
seniority in the same class who occupies a permanent-
intermittent or permanent part-time position, the least senior
employee being displaced first.
2. In the Same Level or Lower Class. A laid off or displaced
employee who had achieved permanent status in a class at
the same or lower salary level as determined by the salary
DSA MGMT. UNIT - 17 - 2005 - 2008 MOU
SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
schedule in effect at the time of layoff may displace within the
department and in the class of an employee having less
seniority; the least senior employee being displaced first, and
so on with senior displaced employees displacing junior
employees.
D. Particular Rules on Displacing.
1. Permanent-intermittent and permanent part-time employees
may displace only employees holding permanent positions of
the same type respectively.
2. A permanent full time employee may displace any intermittent
or part-time employee with less seniority 1) in the same class
or, 2) in a class of the same or lower salary level if no full time
employee in a class at the same or lower salary level has less
seniority than the displacing employees.
3. Former permanent full time employees who have voluntarily
become permanent part-time employees for the purpose of
reducing the impact of a proposed layoff with the written
approval of the Director of Human Resources or designee
retain their permanent full time employt)e seniority rights for
layoff purposes only and may in a later layoff displace a full
time employee with less seniority as provided in these rules.
E. Seniority. An . employee's seniority within a class for layoff and
displacement purposes shall be determined by adding the
employee's length of service in the particular class in question to the
employee's length of service in other classes -at the same or higher
salary levels as determined by the salary ,schedule in effect at the
time of layoff. Employees reallocated or transferred without
examination from one class to another class having a salary within
five percent (5%) of the former class shall carry the seniority accrued
in the former class into the new class.
Employees reallocated to a new deep class upon its initiation or
otherwise reallocated to a deep class because the duties of the
position occupied are appropriately described in the deep class shall
carry into the deep class the seniority accrued or carried forward in
the former class and seniority accrued in other classes which have
been included in the deep class.
Service for layoff and displacement purposecs includes only the
employee's last continuous .permanent County employment. Periods
DSA MGMT. UNIT _ 18 - 2005 — 2008 MOU
If d
4111.
SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
of separation may not be bridged to extend such service unless the
separation is a result of layoff in which case bridging will be
authorized if the employee is reemployed in a permanent position
within the period of layoff eligibility.
Approved leaves of absence as provided for in these rules and
regulations shall not constitute a period of separation. In the event of
ties in seniority rights in the particular class in question, such ties
shall be broken by length of last continuous permanent County
employment. If there remain ties in seniority rights, such ties shall be
broken by counting total time in the department in permanent
employment. Any remaining ties shall be broken by random selection
among the employees involved._
F. Eligibility for Layoff List. Whenever any person who has permanent
status is laid off, has been displaced, has been demoted by
displacement or has voluntarily demoted in lieu of layoff or
displacement, or has transferred in lieu of layoff or displacement, the
person's name shall be placed on the layoff list for the class of
positions from which that person has been removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names
of persons laid off, displaced, or demoted as a result of a layoff or
displacement, or who have voluntarily demoted in lieu of layoff or
displacement or who have transferred in lieu of layoff or
displacement. Names shall be listed in order of layoff seniority in the
class from which laid off, displaced, demoted or transferred on the
date of layoff, the most senior person listed first. In case of ties in
seniority, the seniority rules shall apply except that where there is a
class seniority tie between persons laid off from different
departments, the tie(s) shall be broken by length of last continuous
permanent County employment with remaining ties broken by
random selection among the employees involved.
H. Duration of Layoff and Reemployment Rights. The name of any
person granted reemployment privileges shall continue on the
appropriate list for a period of two (2) years. Persons placed on layoff
lists shall continue on the appropriate list for a period of four (4)
years.
I. Certification of Persons From Layoff Lists. Layoff lists contain the
name(s) of person(s) laid off, displaced or demoted by displacement
or voluntarily demoted in lieu of layoff or who transferred in lieu of
layoff or displacement. When a request for personnel is received
from the appointing authority of a department from which an
DSA MGMT. UNIT - 19 - 2005 - 2008 MOU
SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
eligible(s) was laid off, the appointing .authority shall receive and
appoint the eligible highest on the layoff list from the department.
When a request for personnel is received from a department from
which an eligible(s) was not laid off, the appointing authority shall
receive and appoint the eligible highest on the layoff list who shall be
probationary a to
subject subj p ry period. A person employed from a layoff list
shall be appointed at the same step of the salary range the
employee held on the day of layoff.
(
J. Removal of Names from Reemployment & Layoff Lists. The Director
of Human Resources may remove the name of any eligible from a
reemployment or.layoff list for any reason listed below:
t 1. For any cause stipulated in Section 404.1 of the Personnel
Management Regulations.
2. On evidence that the eligible cannot be located by postal
authorities.
3. On receipt of a statement from the appointing authority or
eligible that the eligible declines certification or indicates no
further desire for appointment in the class.
4. If three (3) offers of permanent appointment to the class for
which the eligible list was established have been declined by
the eligible.
5. If the eligible fails to respond to the Director of Human
Resources or the appointing authority.within ten (10) days to
written notice of certification mailed to the person's last known
address.
6. If the person on the reemployment or layoff list is appointed to
another position in the same or lower classification, the name
of the person shall be removed.
7. However, if the first permanent appointment of a person on a
layoff list is to a lower class which has a top step salary lower
than the top step of the class from which the person was..laid
off, the name of the person shall not lie removed from the
layoff list. Any subsequent appointment of such person from
the layoff list shall result in removal of than person's name.
K. Removal of Names from Reemployment and, Layoff Certifications.
The Director of Human Resources may remove the name of any
DSA MGMT. UNIT - 20 - 2005 — 2008 MOU
�E l�v. 1n ...n fir,,S .`, i ri .<.. "ut+.. viz••
SECTION 8 - HOLIDAYS
eligible from a reemployment or layoff certification if the eligible fails
to respond within five (5) days to a written notice of certification
mailed to the person's last known address.
7.3 Notice. The County agrees to give employees scheduled for layoff at
least ten (10) work days notice prior to their last day of employment.
7.4 Special Employment Lists. The County will establish a TET
Employment Pool which will include the names of all laid off County employees.
Special employment lists for job classes may be established from the pool.
Persons placed on a special employment list must meet the minimum
qualifications for the class. An appointment from such a list will not affect the
individual's status on a layoff list(s).
7.5 Reassignment of Laid Off Employees. Employees who displaced
within the same classification from full time to part-time or intermittent status in a
layoff, or who voluntarily reduced their work hours to reduce the impact of layoff,
or who accepted a position of another status than that from which they were laid
off upon referral from the layoff list, may request reassignment back to their pre-
layoff status (full time or part-time or increased hours). The request must be in
writing in accord with each department's reassignment bid or selection process.
Employees will be advised of the reassignment procedure to be followed to obtain
reassignment back to their former status at the time of the workforce reduction.
The most senior laid off employee in this status who requests such a
reassignment will be selected for the vacancy; except when a more senior laid off
individual remains on the layoff list and has not been appointed back to the class
from which laid off, a referral from the layoff list will be made to fill the vacancy.
SECTION 8 - HOLIDAYS
8.1 Holidays Observed. The County will observe the following holidays:
January 1 st, known as New Year's Day
Third Monday in January, known as Dr. M. L. King, Jr. Day
Third Monday in February, known as President's Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11 th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as
holidays.
DSA MGMT. UNIT - 21 - 2005 - 2008 MOU
xe• i ryzj'
�i
SECTION 9 - VACATION LEAVE
Any holiday listed above which falls on a Saturday shall be celebrated on the
preceding Friday and any holiday listed above which falls on a Sunday shall be
celebrated on the following Monday.
If amendments to Government Code 6700 and or 67011 become effective to
delete any of the above as holidays or to add new holidays, such amendments
shall be effective for employees in this bargaining unit.
' 8.2 Floating Holidays. All employees shall accrue two (2) hours of
.k personal holiday credit per month. Such personal holiday time may be taken in
increments of one-half (1/2) hours. No employee may accrLie more than forty (40)
hours of personal holiday credit. On separation from County service, the
employee shall be paid for any unused personal holiday credits at the employee's
then current pay rate.
8.3 Application of Holiday Credit. Employees on the regular forty (40)
hour 8:00 a.m. to 5:00 p.m. Monday through Friday work schedule shall be
entitled to a holiday whenever a holiday is observed pursuant to the schedule
cited above.
8.4 Permanent Part-Time Employees. Permanent part-time employees
shall receive holiday credit in the same ratio to the holiday credit given full time
employees as the number of hours per week in the part-time employee's
schedule bears to the number of hours in the reguk:lr full-time schedule,
regardless of whether the holiday falls on the part-time employee's regular work
day. Permanent part-time and permanent-intermittent employees who work on a
holiday shall receive overtime pay or compensatory time, credit for all hours
worked, up to a maximum of eight (8) hours.
8.5 Holiday Reopener. The parties agree to reopen the holiday
schedule provisions of the Memorandum of Understanding for the purpose of
ensuring consistent practices among the departments on holiday scheduling, and
compliance with appropriate regulatory requirements. It-is not the intent of the
parties that such negotiations take away from or add to the current holiday
schedule provisions, except to ensure that such provisions are consistently
applied in the memoranda of understanding. Any changes, except those
necessitated by legal requirements, shall be subject to agreement by both
_ parties.
SECTION 9 - VACATION LEAVE
9.1 Vacation Allowance. Employees. in permanent positions are entitled
to vacation with pay. Accrual is based upon straight time hours of working time
per calendar month of service and begins on the date of appointment to a
DSA MGMT. UNIT - 22 - 2005 — 2008 MOU
F OG
142,
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.: .JI
WIN'.��`,.ss..,n 44...
SECTION 9 - VACATION LEAVE
permanent position. Increased accruals begin on the first of the month following
the month in which the employee qualifies. Accrual for portions of a month shall
be in minimum amounts of one (1) hour calculated on the same basis as for
partial month compensation pursuant to Section 5.5 of this MOU. Vacation credits
may be taken in 1/10 hour (6 minute) increments but may not be taken during the
first six (6) months of employment (not necessarily synonymous with probationary
status) except where sick leave has been exhausted; and none shall be allowed
in excess of actual accrual at the time vacation is taken.
9.2 Vacation Accrual Rates. All employees shall accrue vacation credit as
follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
9.3 Accrual During Leave Without Pay. No employee who has been
granted a leave without pay or unpaid military leave shall accrue any vacation
credit during the time of such leave, nor shall an employee who is absent without
pay accrue vacation credit during the absence.
9.4 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.
9.5 Pro-rated Accruals. Employees in permanent part-time and
permanent-intermittent positions shall accrue vacation benefits on a prorated
basis as provided in Resolution 81/1165, Section 32-2.006.
9.6 Vacation Leave on Reemployment From a Layoff List.
Employees with six months or more service in a permanent position prior to their
layoff, who are employed from a layoff list, shall be considered as having
completed six months tenure in a permanent position for the purpose of vacation
leave. The appointing authority or designee will advise the Auditor-Controller's
Payroll Unit in each case where such vacation is authorized so that appropriate
payroll system override actions can be taken.
DSA MGMT. UNIT = 23 - 2005 - 2008 MOU
SECTION 10 SICK LEAVE
SECTION 10 - SICK LEAVE
10.1 Purpose. The purpose of paid sick leave is to insure employees
against loss of pay for temporary absences from work due to illness or injury. Sick
leave may be used only as authorized; it is not paid time off which employees
may use for personal activities. "f?
e.
10.2 Accrual. Sick leave credits accrue at the rate of eight (8) working
hours credit for each completed month of service. Employees who work a portion
of a month are entitled to a pro rata share of the monthly sick leave credit
computed on the same basis as is partial month compensation.
Credits to and charges against sick leave are made in miniimum amounts of one-
tenth (1/10) hour. Unused sick leave credits accumulate from year to year. When
an employee is separated, other than through retirement, accumulated sick leave
credits shall be canceled, unless the separation results frorn layoff in which case
the accumulated credits shall be restored if the employee is reemployed in a
permanent position within the period of his layoff eligibility.
Upon retirement, an employee's accumulated sick leave shall be converted to
retirement time on the basis of one (1) day of retirement service credit for each
day of accumulated sick leave credit.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
-a. An employee may use paid sick leave credits when the employee is
off work because of a temporary illness or injury.
b. Sick leave may be used by permanently disabled employees until all
accruals of the employee have been exhausted or until the employee
is retired by the Retirement Board subject to the conditions listed
below. For the purposes of this Section 10 permanent disability shall
mean the employee suffers from a disabling physical injury or illness
and is thereby prevented from engaging in any County occupation
for which he or she is qualified by reason of education, training or
experience. Sick leave credits may be used under this provision only
when the following requirements are met:
1. An application for retirement due-to disability has been filed
with the Retirement Board; and
2. Satisfactory medical evidence of such disability is received by
g the appointing authority within thirty (30) days of the start of
use of sick leave for permanent disability. The appointing
authority may review medical evidence, and order further µ.
examination as he deems necessary, and may terminate use
DSA MGMT. UNIT - 24 - 2005 — 2008 MOU
SECTION 10 - SICK LEAVE
of sick leave when such further examination demonstrates that
the employee is not disabled, or when the appointing authority
determines that the medical evidence submitted by the
employee is insufficient, or where the above conditions have
not been met.
C. Communicable Disease. An employee may use paid sick leave
credits while under a physician's orders to remain secluded due to
exposure to a communicable disease.
d. Sick Leave Utilization for Pregnancy Disability. Every female
employee shall be entitled to at least four (4) months leave of
absence on account of pregnancy disability and to use available sick
leave or vacation pay entitlements during such leave.
1. Application for such leave must be made by the employee to
the appointing authority accompanied by a written statement of
disability from the employee's attending physician. The
statement must address itself to the employee's general
physical condition having considered the nature of the work
performed by the employee, and it must indicate the date of
the commencement of the disability as well as the date the
physician anticipates the disability to terminate. The appointing
authority retains the right to medical review of all requests for
such leave.
2. If a female employee does not apply for sick leave and the
appointing authority believes that the employee is not able to j
properly perform her work or that her general health is
impaired due to disability caused or contributed to by
pregnancy, miscarriage, abortion, childbirth or recovery
therefrom, the employee shall be required to undergo a
physical examination by a physician selected by the County,
and the cost of such examination shall be borne by the
County. Should the medical report so recommend, a
mandatory leave shall be imposed upon the employee for the
duration of the disability.
3. If all accrued sick leave has been utilized by the employee the
employee shall be considered on leave without pay. Sick leave
may not be utilized after the employee has been released from
the hospital unless the employee has provided the County with
a written statement from her attending physician stating that
her disability continues and the projected date of the
employee's recovery from such disability.
DSA MGMT. UNIT - 25 - 2005 - 2008 MOU
SECTION 10 - SICK LEAVE
e. Medical & Dental Appointments. An employee may use paid sick
leave credits for medical and dental appointments as follows:
1. For working time used in keeping medical and dental
appointments for the employee's own.care; and
2. For working time (not over forty (40) hours in each fiscal year)
12
used by an employee for. pre-scheduled medical and dental ,
appointments for an immediate family member living in the
employee's home and for children and parents who may reside
outside of the employee's home. Such use of sick leave
credits shall be accounted for by the department on a fiscal
year basis. Any balance of the forty.(40) hours remaining at
the end of the fiscal year shall not be carried over to the next
year; departments shall notify the employee if the maximum
allowance is reached. Authorization to use sick leave for this
IA purpose is contingent on availability of accumulated sick leave
credits; it is not an additional allotment of sick leave which
employees may charge.
f. Emergency Care of Family. An employee may use paid sick leave for
working time used in cases of illness, or injury to, an immediate
family member living in the employee's home, or for children and ;
parents who may reside outside of the employee's home.
{ g. Death of Family Member. An employee may use said sick leave
credits for absence from work because of a death in the employee's
immediate family, but this shall not exceed three (3) working days F
plus up to two (2) days of work time for necessary,travel.
h. Definition of Immediate Familv. For the purposes of this Section 10
the immediate family shall be restricted to the spouse, son, stepson,
daughter, stepdaughter, father, stepfather, mother, stepmother,
brother, sister, grandparent, grandchild, father-in-law, mother-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law or domestic
partner of an employee.
10.3 Administration of Sick Leave. Accumulated p.;.iid sick leave credits
may not be used in the following situations:
a. Self-inflicted Injury. For time off from work for ain employee's illness
L,
or injury caused by his or her willful misconduct.
_~ b. Vacation. For an employee's illness or injury while the employee is
:< on vacation except when extenuating circumstances exist and the
appointing authority approves.
a,.
DSA MGMT. UNIT - 26 - 2005 — 2008 MOU
SECTION 10 - SICK LEAVE
C. Not in Pay Status. When the employee would otherwise be eligible to
use paid sick leave credits but is not in a pay status.
The proper administration of sick leave is a responsibility of the employee and the
department head. Employees are responsible for notifying their respective
division of an absence as early as possible prior to the commencement of their
work shift and in accordance with divisional operational requirements. Notification
shall include the reason and possible duration of the absence. Employees are
responsible for keeping their department informed of their continuing condition
and probable date of return to work. Employees are responsible for obtaining
advance approval from their appointing authority or designee for the schedule
time of prearranged personal or family medical and dental appointments.
The use of sick leave may be denied if these procedures are not followed. Abuse
of sick leave on the part of the employee is cause for disciplinary action. To
ascertain the propriety of claims against sick leave, the department head may
make such investigations as he deems necessary including medical verification of
illness.
10.4 Disability.
A. An employee physically or mentally incapacitated for the
performance of duty is subject to dismissal, suspension or demotion,
subject to the County Employees Retirement Law of 1937. An
appointing authority after giving notice may place an employee on
leave if the 'appointing authority has filed an application for disability
retirement for the employee, or whom the appointing authority
believes to be temporarily or permanently physically or mentally
incapacitated for the performance of the employees duties.
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 employee's paid time, a physical, medical and/or
psychiatric examination by a licensed physician or psychologist and
receive a report of the findings on such examination. If the examining
physician or psychologist 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.
DSA MGMT. UNIT - 27 - 2005 - 2008 MOU
SECTION 10 - SICK LEAVE
C. Leave due to temporary or permanent disability shall be without
prejudice to the employee's right to use sick leave, vacation, or any
other benefit to which the employee is entitled other than regular
salary. The Director of Human Resources 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 (2)
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 or psychologist, and may
consider a report of the findings on such examination. If the report
shows that such employee is physically or mentally incapacitated for
the performance of duty, the appointing authority may take such
action as he deems necessary in accordance with appropriate
provisions of this MOU.
E. Before an employee is placed on an unpaid leave of absence or
suspended because of physical or mental incapacity under (A) or (B)
above, the employee shall be given notice of the proposed leave of
absence or suspension by letter or memorandum, delivered
personally or by certified mail, containing the following:
1. a statement of the leave of absence or suspension proposed;
2. the proposed dates or duration of the leave or suspension
which may be indeterminate until a cert,ciin physical or mental
health condition has been attained by the employee;
3. a statement of the basis upon which the action is being taken;
4. a statement that the employee may review the materials upon
which the action is taken;
5. a statement that the employee has until a, specified date (not
less than seven (7) work days from personal delivery or
mailing of the notice) to respond to the appointing authority
orally or in writing.
F. Pending response to the notice the appointing authority for cause
specified in writing may place the employee on a,temporary leave of
absence, with pay.
DSA MGMT. UNIT - 28 - 2005 — 2008 MOU
1$ 1x1 rtt 0 ias ' ' I 101M
33x4 F' 4'' #- .d
SECTION 10 - SICK LEAVE
G. The employee to whom the notice has been delivered or mailed shall
have seven (7) work days to respond to the appointing authority
either orally or in writing before the proposed action may be taken.
H. After having complied with the notice requirements above, the
appointing authority may order the leave of absence or suspension in
writing stating specifically the basis upon which the action is being
taken, delivering the order to the employee either personally or by
certified mail, effective either upon personal delivery or deposit in the
U.S. Postal Service.
I. An employee who is placed on leave or suspended under this
section may, within ten (10) calendar days after personal delivery or
mailing to the employee of the order, appeal the order in writing
through the Director of Human Resources to the Merit Board.
Alternatively, the employee may file a written election with the
Director of Human Resources waiving the employee's right to appeal
to the Merit Board in favor of appeal to a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability
Review Arbitrator, the employee has the burden of proof to show that
either:
1 . the physical or mental health condition cited by the appointing
authority does not exist, or
2. the physical or mental health condition does exist, but it is not
sufficient to prevent, preclude, . or impair the employee's
performance of duty, or is not sufficient to endanger the health
or safety of the employee, other employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be
transmitted by the Director of Human Resources to the Merit Board
for hearing under the Merit Board's Procedures, Section 1114-1128
inclusive. Medical reports submitted in evidence in such hearings
shall remain confidential information and shall not be a part of the
public record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and
his representative) will meet with the County's representative to
mutually select the Disability Review Arbitrator, who may be a de
facto arbitrator, or a physician, or a rehabilitation specialist, or some
other recognized specialist mutually selected by the parties. The
arbitrator shall hear and review the evidence. The decision of the
Disability Review Arbitrator shall be binding on both the County and
DSA MGMT. UNIT - 29 - 2005 - 2008 MOU
�'" r ;, }- ,,.E ,�"s���� !R"rst�. •` k, -:,z'��t � ) '""_
SECTION 10 - SICK LEAVE
the employee. The scope of the Arbitrator's review shall be restricted
as follows:
1. Scope of the Arbitrator's Review.
a. The arbitrator may affirm, modify or revoke the leave of
absence or suspension.
b. The arbitrator may make his dec.ision based only on
evidence submitted by the County and the employee.
C. The arbitrator may order back p,;ry or paid sick leave
credits for any period of leave of a[)sence or suspension
if the leave or suspension is found not to be sustainable,
subject to the employee's duty to mitigate damages.
d. The arbitrator's fees and expense^s shall be paid one-
half by the County and one-half by the employee or
employee's Association.
10.5 Workers' Compensation.
A. State Labor Code 4850 Pay. Law enforcement officers as defined in
State Labor Code 4850 who are members of the Contra Costa
County Retirement System continue to receive full salary benefits in
lieu of temporary disability during- any absence from work which
qualifies for Workers' Compensation benefits.
Currently, the maximum 4850 pay is one (1) year for any injury or
illness. To be eligible for this benefit the employee must be under the
care of a physician. All 4850 pay shall be approved by the County
Administrator's Office, Risk Management Division:
B. Sick, Leave and Vacation. Sick leave and vacation shall accrue in
accordance with the provision of State Labor Code 4850.
C. 4850 Pay Beyond One Year. If an injured employee remains eligible
for Workers' Compensation temporary disability benefits beyond one
(1) year, full salary will continue by integrating` sick leave and/or
vacation accruals with Workers' Compensation benefits (use of
vacation accruals must be approved by the department and the
employee). If salary integration is no longer available because
accruals are exhausted, Workers' Compensation benefits will be paid
directly to the employee as. prescribed by Workers' Compensation
laws.
DSA MGMT. UNIT - 30 - 2005 — 2008 MOU
slam;
Ai
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SECTION 11 - LEAVE OF ABSENCE
D. Rehabilitation Integration. An injured employee who is eligible for
Workers' Compensation rehabilitation temporary disability benefits
and who has exhausted 4850 pay eligibility will continue to receive
full salary by integrating sick leave and/or vacation accruals with
Workers' Compensation rehabilitation temporary disability benefits.
When these accruals are exhausted, the rehabilitation temporary
disability benefits will be paid directly to the employee as prescribed
by Workers' Compensation laws.
E. Health Insurance. The County contribution to the employee's group
insurance plan(s) continues during the 4850 pay period and during
integration of sick leave or vacation with Workers' Compensation
benefits.
F. Integration Formula. An employee's sick leave and/or vacation
charges shall be calculated as follows: C = 8 [1 - (W: S)]
C = Sick leave or vacation charge/day (in hrs.)
W = Statutory Workers' Compensation per mo.
S = Monthly salary
10.6 Accrual During Leave Without Pav. 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 11 - LEAVE OF ABSENCE
11.1 Leave Without Pav. Any employee who has permanent status in the
classified service may be granted a leave of absence without pay upon written
request, approved by the appointing authority; provided, however, that leaves for
pregnancy, pregnancy disability, serious health conditions, and family care shall
be granted in accordance with applicable state and federal law.
11.2 General Administration - Leaves of Absence. Requests for leave
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.
A. Leave without pay may be granted for up to one (1) year for any of
the following reasons:
1. Illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
DSA MGMT. UNIT - 31 - 2005 - 2008 MOU
SECTION 11 - LEAVE OF ABSENCE
K
s 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.
f=.
B. An employee should request a leave of absence at least thirty (30)
days before the leave is to begin if the meed 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 a leave of absence arises.
C. An appointing authority may extend such leave for additional periods.
The procedure in granting extensions shall be the same as that in :.
5..
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.
11.3 Family Care or Medical Leave.
A: Definitions. For medical and family care leaves of absence under
Section 15, the following definitions apply:
` 1 . . Child: A biological, adopted, or foster child, stepchild, legal
k c.
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.
2. Parent: A biological, foster, or adoptive parent, a stepparent,
legal guardian, conservator, or other person standing in loco
parentis to a child. ;
E.
tY-
3. Spouse: A partner in marriage as defines! in California Civil
Code Section 4100.
rs
4. 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 µ
life.
5. Serious Health Condition: An illness, injury, impairment, or
physical or mental condition which involves either inpatient *.
}` care in a hospital, hospice or residential health care facility or
,h
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DSA MGMT. UNIT - 32 - 2005 — 2008 MOU
;t
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SECTION 11 - LEAVE OF ABSENCE
continuing treatment or continuing supervision by a health care
provider (e.g. physician or surgeon) and which, for family care
leave only, warrants the participation of a family member to
provide care during a period of treatment or supervision, as
defined by state and federal law.
6. 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:
a. the date, if known, on which the serious health condition
commenced;
b. the probable duration of the condition;
C. an estimate of the amount of time which the employee
needs to render care or supervision;
d. a statement that the serious health condition warrants
the participation of a family member to provide care
during period of treatment or supervision;
e. if for intermittent leave or a reduced work schedule
leave, the certification should indicate that the
intermittent leave or reduced work schedule leave is
necessary for the care of the individual or will assist in
their recovery, and its expected duration.
7. 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:
a. the date, if known, on which the serious health condition
commenced;
b. the probable duration of the condition;
C. a statement that the employee is unable to perform the
functions of the employee's job;
d. if for intermittent leave or a reduced work schedule
leave, the certification should indicate the medical
necessity for the intermittent leave or reduced work
schedule leave and its expected duration.
DSA MGMT. UNIT - 33 - 2005 - 2008 MOU
SECTION 11 - LEAVE OF ABSENCE
+
8. Comparable .Positions: -A position with the same or similar
duties and pay which can be performed at the same or similar
r-:
-x geographic location as the position helld: 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. {
B. Section 11 .2 notwithstanding, any employee who has permanent
status, been employed by the County for at least twelve (12) months F
and who have worked at least 1250 hours in the previous 12 month "
period, shall upon request to the appointing authority, for a leave of
absence due to the employee's serious health condition or for family
care (FMLA) shall be granted to an employee who requests it for up
to twelve (12) weeks during a rolling twelve, (12) month period
(measured backward from the date an employee uses any FMLA
leave) in accordance with the following provisions`
Example: An employee takes time away from work due to the birth of T
their child in May. The leave period lasts twelve (12) weeks. In
November, they are scheduled for surgery. Their leave request in
November cannot be counted towards FMLA because they have
is already utilized their twelve (12) week entitlement during their leave '
in May.
1 . medical leave of absence for the employee's own serious
�z
health condition which makes the employee unable to perform
the functions of the employee's position; or
2. 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
w period(s) of family care or medical leave may be granted by
3
the appointing authority.
Notwithstanding the above, the Sheriff may in his/her disciretion, on a case by
f case basis, waive the 1250 hour requirement. r '
1
day
DSA MGMT. UNIT - 34 - 2005 — 2008 MOU g '
+
SECTION 11 - LEAVE OF ABSENCE
C. Intermittent Use of Leave. The twelve (12) 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
twelve (12) 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
11.6.6 below. When paid leave accruals are used for a medical or
family care leave, such time shall be counted as a part of the twelve
(12) week entitlement.
D. Use for Spouse. 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 twelve (12)
weeks each during each calendar year period.
11.4 Pregnancy Disability Leave. Insofar as pregnancy disability leave is
used under Section 10.2.D - Sick Leave Utilization for Pregnancy Disability, that
time will not be considered a part of the twelve (12) week family care leave
period.
11.5 Group Health Plan Coverage.
A. During Leave of Absence. 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 11.6. 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.
B. During Medical or Family Care Leave. During the twelve (12) weeks
of an approved medical or family care leave under Section 11.3
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 11 .6. 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.
11.6 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 at least 0.1 hour of
DSA MGMT. UNIT - 35 - 2005 - 2008 MOU
SECTION 11 - LEAVE OF ABSENCEz;
33 it
i° available sick leave (if so entitled under Sectk,)ri 10 - Sick Leave),
vacation, floating holiday, compensatory time off or other accruals or
4 _
entitlements; in other words, during the first twelve (12) months, a
4
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
k segments and accruals may not,be used, except when required by
Fes;
SDI/Sick Leave Integration. .
,_ ri
B. Family Care or Medical Leave (FMLA). During the: twelve (12) 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 10 - Sick Leave), vacation, floating holiday, compensatory
time off or other accruals or entitlements if such are available,
although use of additional accruals is permitted under subsection A
T" above.
` C. Sick leave accruals may not be used during any leave of absence,
4 except as allowed under Section 10 - Sick Leave.
g 11.7 Military Leave. Any employee who is required to serve as a
Y' ayrY,
member of the State Militia or the United States Arm NAir 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 employe;�e who volunteers for
such service shall be granted a leave of absence if necessaiy,in accordance with
applicable state or federal laws. Upon the termination of such service or upon `E
honorable discharge, the employee shall be entitled to return to his/her position in
�a the classified service provided such still exists and the ennployee is otherwise „
qualified, without.any loss of standing of any kind whatsoever.
` An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may
be accrued at the time of such leave, nor, shall the employee , be prejudiced
thereby with reference to salary adjustments or continuation of employment. For
purposes of determining eligibility for salary adjustments or seniority in case of ✓q
' layoff or promotional examination, time .on military leave shall be considered as
,I
time in County service.
nor
;£ Any employee who has been granted a military leave, may upon return, be
required to furnish such evidence of performance of military service or of22
'
honorable discharge as the Director of Human Resources m,cay deem necessary. t
;x
DSA MGMT. UNIT - 36 - 2005 — 2008 MOU
SECTION 11 - LEAVE OF ABSENCE
11.8 Return From Leave of Absence.
A. Early Return. 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 early return
provided, however, that less notification may be approved at the
discretion of the appointing authority or his/her designee. Early return
is subject to prior approval by the appointing authority. The Human
Resources Department shall be notified promptly of such return.
B. Leave of Absence 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 and then only on the basis of seniority.
C. Leave of Absence Replacement. In case of severance from service
or displacement by reason of the reinstatement of a permanent
employee returning from a leave of absence, the provisions of
Section 7 - Seniority, Workforce Reduction, Layoff, & Reassignment
shall apply.
D. Reinstatement From Family Care or Medical Leave of Absence. 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 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. 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 work 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.
11.9 Appeal of Denial. The decision of the appointing authority on
granting or denying leave or early return from leave shall be subject to appeal to
the Director of Human Resources and not subject to appeal through the
grievance procedure set forth in this MOU.
DSA MGMT. UNIT - 37 - 2005 - 2008 MOU
}wWWffrw'160
SECTION 12 - JURY DUTY AND WITNESS DUTY
11.10 Salary Review While on Leave of Absence. The salary of an
employee who is on leave of absence from a County positiion on any anniversary
date and who has not been absent from the position on leave without pay more
than six (6) months during the preceding year shall receive salary increments that
may accrue to them during the period of military leave. .
11.11 Unauthorized Absence. An unauthorized absence from the work
site or failure to report for duty after a leave request has been disapproved,
revoked, or canceled by the appointing authority, or at the expiration of a leave
shall be without pay. Such absence may also be grounds for disciplinary action.
SECTION 12 - JURY DUTY AND WITNESS DUTY
12.1 Jury Duty. For purposes of this Section, jury duty shall be defined as
any time an employee is obligated to report to the court.
When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
Employees shall advise their department as soon as possible if scheduled to
appear for jury duty.
If summoned for jury duty in a Municipal, Superior, or Federal Court, or a
Coroners jury, employees may remain in their regular County pay status, or they
may take paid leave (vacation, floating holiday, etc.) or leave without pay and
retain all fees and expenses paid to them.
When an employee is summoned for jury duty selection or is selected as a juror
in a Municipal, Superior or Federal Court, employees may remain in a regular pay
status if they waive all fees (other than mileage), regardless of shift assignment
and the following shall apply:
a.• If an employee elects to remain in a regular pay status and waive or
surrender all fees (other than mileage), the employee shall obtain
from the Clerk or Jury Commissioner a certificate' indicating the days
attended and noting that fees other than mHeage are waived or
surrendered. The employee shall furnish the, certificate to his
department where it will be retained as a department record. No
Absence/Overtime Record is required.
b. An employee who elects to retain all fees must take leave (vacation,
floating holiday, etc.) or leave without pay. No court certificate is
required but an Absence/Overtime Record must be submitted to the
department payroll clerk.
DSA MGMT. UNIT - 38 - 2005 — 2008 MOU
149
w a M t 4 it9
SECTION 13 - HEALTH, LIFE & DENTAL CARE
Employees are not permitted to engage in any employment regardless of shift
assignment or occupation before or after daily jury service that would affect their
ability to properly serve as jurors.
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.
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.
Permanent-intermittent employees are entitled to paid jury duty leave only for
those days on which they were previously scheduled to work.
12.2 Witness Duty. Employees called upon as a witness or an expert
witness in a case arising in the course of their work or the work of another
department may remain in their regular pay status and turn over to the County all
fees and expenses paid to them other than mileage allowance or they may take
vacation leave or leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters
(e.g., accident suits and family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to
jury duty as set forth in Section 16.1 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 13 - HEALTH. LIFE & DENTAL CARE
13.1 Health Plan. The County will provide group health benefits through
the California Public Employees' Retirement System (CaIPERS) for all permanent
full-time employees, and permanent part-time employees regularly scheduled to
work at least twenty (20) hours per week in classes represented by DSA. The
CaIPERS program, as regulated by the Public Employees' Medical and Hospital
Care Act (PEMHCA), will control on all issues, including but not limited to
eligibility, benefit levels and premium costs.
DSA MGMT. UNIT - 39 - 2005 - 2008 MOU
``� k'
n,. . .
Aim
SECTION 13 - HEALTH, LIFE & DENTAL CARE
DSA acknowledges that CaIPERS Health Plan program benefits may not be
equal to benefits previously available to their represented employees, and
Consolidated Omnibus Budget Reconciliation Act (COBRA) counterparts through
the various optional health programs previously offered by Contra Costa County.
DSA acknowledges that notwithstanding this MOU and during the time that it is in
effect, CalPERS may terminate or change covered expensf:.Ns, benefit payments,
copayments on covered benefits, deductibles, lifetime and/or annual maximum
limits and eligibility rules, and may implement cost control measures as they
deem appropriate.
13.2 Contra Costa Health Plan (CCHP). Because CCHP has met the
minimum standards required under PEMHCA and is approve,d as an alternative
CalPERS plan option, DSA members and COBRA counterparts may elect to
enroll in CCHP under the CalPERS plan rules and regulations.,
13.3 Health Plan Contribution. The County's contribution to the
CalPERS monthly health plan premiums for coverage hereunder shall be as
provided below. Any increase in the Health Plan premium costs greater than the
County's contributions identified below occurring during the duration of this MOU
shall be borne by the employee.
A. County's Subject to PERS Regulations. Rates for the purposes of
open enrollment in all PERS medical plans will be the dollar
equivalent of eighty-seven percent (87%) of the PERS Northern
California Kaiser premium at each level (employee only, employee +
one, employee + two or more) through the term of this MOU.
In the event, in whole or in part, that the above amounts are greater
than one hundred percent (100%) of the applicable premium of any
plan, the County's contribution will not exceed c,me hundred percent
(100%) of the applicable plan premium.
13.4 Dental Program. The County will continue to offer the existing
County group Dental Plans (Delta and PMI Delta Care) , to all permanent
employees in classes represented by the DSA.
13.5 Dental Contribution. The County's contribution to the monthly
dental plan premiums shall be as provided below. Thesecontributions are
provided only for permanent full-time and permanent part-time employees
regularly scheduled to work at least twenty (20) hours per week. Permanent-
intermittent, provisional and permanent .part-time employees working less than
twenty (20) hour per week may enroll in a dental plan but are not entitled to the
County's contribution. Any increases in dental plan costs, greater than the
County's contributions identified below during the duration of this shall be borne
by the employee:
DSA MGMT. UNIT - 40 - 2005 — 2008 MOU
SECTION 93 - HEALTH, LIFE & DENTAL CARE
a. Delta and PMI Delta Care: County will contribute seventy-seven
percent (77%) toward the monthly dental premium.
b. Dental Only: Employees who elect dental coverage as stated above
without health coverage will pay one cent ($.01) per month for such
coverage.
13.6 Orthodontic Coverage. During the term of this MOU, employees
represented by DSA may be polled to determine if a majority of the membership
desires the addition of an orthodontics benefit under the Delta Dental plan. If a
majority of members desire an orthodontics benefit be made available, the
County and DSA will meet and confer on the effective date of coverage, plan
design, costs, limitations and exclusions. The costs for the added benefit will be
borne by each enrolled Delta member whose eligibility for benefits is under DSA's
program. Payment will be made by either payroll deduction or direct pay for those
members not entitled to monthly payroll deductions.
If Safeguard is eliminated without a replacement plan that includes an
orthodontics option, the County will subvent the Delta Dental orthodontics option
at 77%.
13.7 Rate Information. The County Benefits Service Unit will make
dental plan rate information and, to the extent possible, CalPERS health plan rate
information available to employees and departments upon request. In addition,
the County Benefits Service Unit will publish and distribute to employees and
departments information about rate changes as they occur during the year.
13.8 Life Insurance Program. Effective January 1, 2007, the County will
provide a $10,000 Term Life Insurance Plan for all permanent employees in
classes represented by DSA who are enrolled in either a health and/or dental
plan.
13.9 Life Insurance Contribution. The County will pay the entire
premium on behalf of permanent full-time and permanent part-time employees
regularly scheduled to work at least twenty (20) hours per week who elect health
and/or dental coverage. Permanent-intermittent, provisional and permanent part-
time employees working less than twenty (20) hours per week may participate in
the Life Insurance Plan at their full personal expense, which shall not exceed the
County's cost, provided they elect health and/or dental coverage.
13.10 Premium Payments. Employee participation in any health, dental,
or life insurance plan is contingent upon the employee authorizing payroll
deduction by the County of the employee's share of the premium cost. The
DSA MGMT. UNIT - 41 - 2005 - 2008 MOU
SECTION 13 - HEALTH, LIFE & DENTAL CARE
County's contribution to health plan and dental plan monthly premiums are
payable as follows:
a. CalPERS Plan (Includes Alternate CCHP Plan). The County's
contribution to the health plan premium is payable one (1) month in
advance. If an employee's compensation in any month is not
sufficient 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 solely
with the employee.
b. Dental and Life Insurance Plans. The County's contribution to the
dental and life insurance premium (as described in Sections 13.6
and 13.9) is payable monthly. If an employee's compensation in any
month is. not sufficient 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 solely with the employee.
13.11 Extended Coverage. An employee on approved leave without pay
shall be allowed to continue his/her health/dental/life insurance coverage
provided that the employee shall pay their share of the monthly premium during
said leave.
An employee not eligible for continued coverage may conVETI: to individual health
plan coverage (if available) or continue group coverage subject to the provisions
of the Consolidated Omnibus Budget Reconciliation Act (COBRA), plus any
administrative fees, for the option selected. The entire cost of coverage shall be
paid at the time and place specified by CalPERS for health plans and by the
County for the dental plans.
An employee who terminates County employment is covered through the last day
of the month in which he/she is paid for County dental plans and through the last
day of the month following the month of termination for CalPERS plans.
Employees who terminate County employment . may ; continue Group
Health/Dental plan coverage to the extent provided under the COBRA
regulations.
13.12 Retirement Coverage. Upon retirement,_empleyees may, subject to
plan requirements, 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.
DSA MGMT. UNIT - 42 - 2005 — 2008 MOU
} ., 77
__
E
SECTION 13 - HEALTH, LIFE & DENTAL CARE
Pursuant to CalPERS regulations, employees enrolled in the CalPERS alternative
plan (CCHP) at the time of retirement are permanently precluded from enrolling in
any other CalPERS or County health plan.
Employees hired after January 1, 2007 or when Government Code Section 22893
is implemented by the Board of Supervisors, shall be eligible for retiree health
insurance subject to the following conditions:
A. As soon as practical the County will modify it's agreement with the
CalPERS Health Benefit Program to incorporate the provisions of
Government Code Section 22892 for employees who are employed after
January 1, 2007.
B. Government Code Section 22893. Notwithstanding Section 22892, the
percentage of employer contribution payable for post retirement health
benefits for any employee of a contracting agency subject to this section shall,
except as provided in subdivision (b), be based on the member's completed
years•of credited county service at retirement as shown in the following table:
Credited Years Percentage of Employer
of Service Contribution
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
The employee's contribution shall be adjusted each year in accordance with
Government Code Section 22893.
The County will provide medical premium payments for employees who retire
from the County in accordance with Government Code Section 22893.
13.13 Dual Coverage.
A. CalPERS Health Plan. Employees must adhere to the rules as
established by CalPERS.
DSA MGMT. UNIT - 43 - 2005 - 2008 MOU
I i
r
SECTION 13 - HEALTH, LIFE & DENTAL CARE
' 1F
B. Dental Plans:
1. In the event either of a husband or wife, who both work for the
County, becomes ineligible for coverage:, the remaining eligible
member shall be allowed to (a) enroll in a dental plan, if not
currently enrolled, or (b) add the spouse and or dependent(s)
to their existing plan coverage provided they do so within thirty
«F.
(30) days.of the date coverage is no lonl.aer afforded under the
an spouse's plan.
2. In the event a spouse who does not work for the County
becomes ineligible for coverage, the County employee shall be f
allowed to enroll in a dental plan, if not currently enrolled, or
add the spouse and or dependent(s) to their existing plan
coverage provided they do so within thirty (30) days of the date
coverage is no longer afforded under the spouse's plan and
evidence of the termination of coveragie' is provided by the
spouse's employer.
�q 13.14 Employee Assistance Program. Any County contract which
provides an employee assistance program applicable to DSA represented
employees, including the present contract with Occupational Health Services,
shall include the following language:
"Records, including any information whether recorded or not, pertaining to the
identity, diagnosis or treatment of any employee or the employee's family
dependent(s) which are maintained in connection with the performance of this
contract shall be confidential, even as to the employer, and disclosed only under
the following circumstances:
a. When disclosure is authorized with the written and signed consent of
the employee or the family dependent(s). Such consent must state:
it
1. the name of the person or organization to whom disclosure is
to be made;
2. the specific type of information to be disclosed;
3. the purpose or need for such disclosure. {
r>
' b. When an employee's records are subpoenaed (and are not otherwise
protected by professional privileged relationships, contractor will
notify the employee whose records are subpoenaed immediately by
phone, if possible, and in any event in writing as soon as possible.
Written communication shall inform the employee of his/her access
f
DSA MGMT. UNIT - 44 - "2005 — 2008 MOU
SECTION 14 PROBATIONARY PERIOD
to DSA for aid if he/she so desires. Contractor will cooperate with
employee and/or his legal representative in asserting confidentiality.
Subpoenaed records will only be turned over after a court order. The
employer bears no responsibility under this paragraph.
C. Contractor agrees to operate a system of records on individuals in
accordance with all State and Federal laws pertaining to the
confidentiality of alcohol, drug, and mental health records and the
Federal Privacy Act of 1974.
d. The Association is a third-party beneficiary."
13.15 Health Care Spending Account. Effective January 1 , 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. Effective January 1 , 2000, the
amount employees may set aside from their paycheck shall be increased from
$2400 to $3000 per year. 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.
The County will continue to offer employees the option to participate in the
existing Countywide DCAP and premium conversion programs.
SECTION 14 - PROBATIONARY PERIOD
14.1 Revised Probationary Period. When the probationary period for a
class is changed, only new appointees to positions in the classification shall be
subject to the revised probationary period.
14.2 Criteria. The probationary period shall commence from the date of
appointment. It shall not include time served in provisional or temporary
appointments or any period of continuous absence exceeding fifteen (15)
calendar days, except as otherwise provided in the Personnel Management
Regulations or by law.
For those employees appointed to permanent-intermittent positions with a six (6)
months probation period, probation will be considered completed upon serving
one thousand (1 ,000) hours after appointment except that in no instance will this
period be less than six (6) calendar months from the beginning of probation. If a
permanent-intermittent probationary employee is reassigned to full-time, credit
DSA MGMT. UNIT - 45 - 2005 - 2008 MOU
` W SECTION 147 PROBATIONARY PERIOD }z
15
N i"•
fy toward probation completion in the full-time position shall be prorated on the
x basis of one hundred seventy-three (17.3) hours per month.
14.3 Reiection During Probation. An employee wlao is rejected during
,r
d.
the probation period and restored to the eligible list shall begin a new
probationary period if subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this
section, an employee (Probationer) shall have the right to appeal
from any rejection during the probationary period based on political
Y or religious affiliations or opinions, association activities, or race,
color, national origin, sex, age, disability or sexual orientation.
,5 B. The appeal must be written, must be signed by the employee and set
forth the grounds and facts by which it is claimed that grounds for
appeal exist under subsection (A) and must be filed through the
Director of Human Resources to the Merit Board by 5:00 p.m. on the °
seventh (7th) calendar day after the date of delivery to the employee
of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable
cause to believe that the rejection may have been.based on grounds
sP prohibited in subsection (A), it may refer the matter to a Hearing
Officer for hearing, recommended findings of fac;;t, conclusions of law
and decision, pursuant to the relevant provisions of the Merit Board
rules in which proceedings the rejected probationer has the burden
of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny
the appeal. If, after hearing, the Merit Board upholds the appeal, it
shall direct that the appellant be reinstated in the position and the
appellant shall begin a new probationary pe6od unless the Merit
Board specifically reinstates the former period.
14.4 Regular Appointment. The regular appointment of a probationary
M 'employee shall begin on the day following the end of the probationary period, h,
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 Ft.
during the probationary period were satisfactory and that the employee is
€u recommended for permanent appointment. A probationanemployee may be
rejected at any time during the probation period without regard to the Skelly
provisions of this MOU, without notice and without right of appeal or hearing. If
' the appointing authority has not returned the probation report, or the appointing �s
'> authority fails to submit in a timely manner the proper written documents
certifying that a probationary employee has served in a satisfactory manner and
r:
DSA MGMT. UNIT - 46 - 2005 — 2008 MOU <_
SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
later acknowledges it was his or her intention to do so, the regular appointment
shall begin on the day following the end of the probationary period.
Notwithstanding any other provisions of the MOU, an employee rejected during
the probationary period from a position in the Merit System to which the
employee had been promoted or transferred from an eligible list, shall be restored
to a position in the department from which the employee was promoted or
transferred.
An employee dismissed for other than disciplinary reasons within six (6) months
after being promoted or transferred from a position in the Merit System to a
position not included in the Merit System shall be restored to a position in the
classification in the department from which the employee was promoted or
transferred.
A probationary employee who has been rejected or has resigned during probation
shall not be restored to the eligible list from which the employee was certified
unless the employee receives the affirmative recommendation from the
appointing authority and is certified by the Director of Human Resources whose
decision is final. The Director of Human Resources shall not certify the name of a
person restored to the eligible list to the same appointing authority by whom the
person was rejected from the same eligible list, unless such certification is
requested in writing by the appointing authority.
14.5 Layoff During Probation. An employee who is laid off during
probation, if reemployed in the same class by the same department, shall be
required to complete only the balance of the required probation.
If reemployed in another department or in another classification, the employee
shall serve a full probationary period. An employee appointed to a permanent
position from a layoff or reemployment list is subject to a probation period if the
position is in a department other than the department from which the employee
separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from
a layoff or reemployment list is not subject to a probationary period if the position
is in the department from which the employee separated, displaced or voluntarily
demoted in lieu of layoff.
SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
15.1 Incentives
A. Management 2.5% Longevity Pay Plan. Employees who have
completed ten (10) years of service for the County shall receive a
DSA MGMT. UNIT - 47 - 2005 - 2008 MOU
SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
2.5% longevity differential. For purposes of determining ten (10)
years of service for this differential, the records utilized for service
award purposes will control.
B. Deferred Compensation Incentive. The County's supplemental
contribution to employees who participate in the County's Deferred
Compensation Play will be forty dollars ($40) per month. To be
eligible for this incentive supplement, employe(.)s must first contribute
a Base Contribution Amount to the deferred compensation plan as
follows:
Monthly Base
Current Contribution Amt.
Monthly Qualifying Base for Maintaining
Salary Contribution Amt. Program Eligibility
2,500 & below 250 50
2501 - 3334 500 50
3335 - 4167 750 50
4168 - 5000 1000 50
5001 - 5834 1500 100
5835 - 6667 2000 -100
6668 & above 2250 100
Employees with a break in deferred compensation contributions because of
either an approved medical leave or approved financial hardship
withdrawal, shall not be required to reestablisFi eligibility. Further,
employees who lose eligibility due to budgetary constraints but maintain
contributions at the required level and later return to an eligible position,
shall not be required to reestablish eligibility.
15.2 Differentials.
A. Longevity Differential for Law Enforcement Management. Upon
completion of fifteen (15) years sworn service, employees shall be
eligible for a five percent (5%) base salary differential.
B. Bilingual Pay Differential. Effective January 1 , 2007, a salary
differential of seventy dollars and eighty five: cents ($70.85) per
month shall be paid incumbents of positions requiring bilingual
proficiency as designated by the Appointing Authority and the
Director of Human Resources. Said differential shall be prorated for
employees working less than full time and/or on an unpaid leave of
absence during any given month.
DSA MGMT. UNIT - 48 - 2005 — 2008 MOU
1713, n
SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
Designation of positions for which bilingual proficiency is required is
the sole prerogative of the County. The Association shall be notified
when such designations are made.
C. Effective January 1 , 2007, a ny Lieutenant who is directed to work in
an on-call status in support of the Officer of the Day Program shall
receive fifty four dollars and fifty cents ($54.50) per day, not to
exceed three hundred twenty seven dollars ($327.00) per week, for
the period assigned to work in an on-call status.
D. Sheriffs' Administrative Differential. Effective February 1 , 1991, the
Sheriff-Coroner was authorized to enter into agreements with
contract cities who have a Lieutenant assigned as the Chief of
Police, to pay a monthly administrative differential, reimbursed by the
individual city, in an amount equal to one-half the percentage
differential between top step Lieutenant and top step Captain.
Lieutenants who are eligible to receive this administrative differential
shall do so in lieu of any other watch-stander differentials for which
they may be eligible.
15.3 Leaves & Pay for Time Not Worked
A. Annual Management Administrative Leave. All permanent full time
sworn management employees shall be credited with fifty (50) hours
of annual administrative leave. This time is non-accruable and all
balances will be zeroed out effective December 31st of each year.
Permanent part-time employees shall have such leave prorated
based on their position hours.
B. 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 fifteen'(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 5.6 -' Compensation for Portion of Month of this
MOU. Full time and part-time employees who take furlough time
shall have their vacation, sick leave, floating holiday, and any other
payroll computed accruals computed as though they had worked the
furlough time. When computing vacation, sick leave, floating holiday,
and other accrual credits for employees taking furlough time, this
provision shall supersede Section 8.1, 9.1, 9.3, and 10.2 of this MOU
regarding the computation of vacation, sick leave, floating holiday,
and other accrual credits as regards furlough time only. For payroll
DSA MGMT. UNIT - 49 - 2005 - 2008 MOU
SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS � a
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.
15.4 Benefits & Allowances '
A. Personal Protective Equipment. The County shall reimburse
employees for safety shoes and prescription safety eyeglasses in
those classifications which the County has dE:,%termined eligible for z '
such reimbursement. The County will reimburse eligible employees
for safety shoes in an amount not to exceed sixlly dollars ($60) in any
calendar year. The County will reimburse eligible employees for
prescription safety eyeglasses which are approved by the County
and are obtained from such establishment as required by the
County.
B. 414H Participation. The County will continue 1,provisions of Section
414(h)(2) of the Internal Revenue Code which allows the County
Auditor-Controller to reduce the `gross monthly pay of employees by
an amount equal to the employee's total conthbution to the County
s. Retirement System before federal and state income taxes are
withheld and forward that amount to the Retirement system. This
program of deferred retirement contribution will be universal and
non-voluntary as is required by statute. 21
C. Management Life Insurance. Management employees shall be
provided with a $40,000 term life insurance policy. Premiums for this
insurance shall be paid by the County with conditions of eligibility
reviewed annually.
D. Training. Employees shall be eligible for career development training
rN reimbursement in the maximum amount of six hundred fifty ($650)
rs
per fiscal year. The reimbursement of trainin( expenses shall be
r consistent with Administrative Bulletins on Travel & Training.
Registration and tuition for career developmerit education may be
reimbursed for up to fifty percent (50%) of the employee's net cost.
Books necessary for courses taken for i;;areer development a r
education may be reimbursed for up to one hundred percent (100%)
of the employee's net cost.
E. Management Development Policy. All employees shall be authorized
to attendrofessional training g programs, seminars and workshops a
minimum of thirty (30) hours annually, during normal work hours, for
y
ti
DSA MGMT. UNIT - 50 - 2005 — 2008 MOU
(
SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
the purpose of developing knowledge, skills and abilities in the areas
of supervision, management and County policies and procedures.
Departments are particularly encouraged to provide generous
professional development opportunities (above the thirty (30) hour
minimum) for people newly promoted into positions of direct
supervision.
Priority for professional training programs shall be afforded those
offered through the Contra Costa Training Institute. Other related
and appropriate training/education resources approved by the
department may also be considered.
To encourage personal and professional growth which is beneficial
to both the County and the employee, the County provides
reimbursement for certain expenses incurred by employees for job-
related training (required training and career development
training/education. Provision for eligibility and reimbursement are
identified in Administrative Bulletin 12.7, November 1 , 1989.
F. Long-Term Disability Insurance. The County shall continue in force
all provisions of the Long-Term Disability Insurance program with a
replacement limit of eighty-five percent (85%) of total monthly base
earnings reduced by any deductible benefits. The premium for this
Long-Term Disability Insurance program shall be fully paid by the
County.
G. Vacation Buy Back. Employees may choose reimbursement for up to
one-third (1/3) of their annual vacation accrual subject to the
following conditions-
1.
onditions:1. the choice can be made only once in each calendar year;
2. payment shall be based on an hourly rate determined by
dividing the employee's monthly salary by 173.33; and
3. If the employee is receiving 2.5% Management Incentive,
payment shall be based on an hourly rate determined by
dividing the employee's monthly salary, plus the 2.5%
Management Incentive, by 173.33.
4. the maximum number of hours that may be reimbursed in any
year is one-third (1/3) of the annual accrual.
DSA MGMT. UNIT - 51 - 2005 - 2008 MOU
SECTION 15 - GENERAL TERMS & CONDITIONS OF'
EMPLOYMENT/MANAGEMENT BENEFITS
In those instances where a lump-sum payment has been made to
management employees in lieu of a retroactive general salary
adjustment for a portion of the calendar year which is subsequent to
exercise by a management employee of the vacation buy-back
provision herein, that employee's vacation buy back shall be
b adjusted to reflect the percentage difference in base pay rates upon
which the lump-sum payment was computed provided that the period
covered by the lump-sum payment was inclusive of the effective date y`
of the vacation buy back.
y H. Professional Development. All employees shall be eligible for
reimbursement of up to four hundred dollars ($400) for each two (2)
year period beginning January 1 , 2002 for memberships in
professional organizations, subscriptions to professional
publications, attendance fees at job-related professional
development activities and job-related computer hardware and
software from a standardized County approved list or with
Department Head approval, provided such employee complies with
the provisions of the Computer. Use and Security Policy adopted by
the Board of Supervisors and manuals. Authorization for individual
professional development reimbursement requE!sts shall be made by
the Department Head. Reimbursement will occi,ir through the regular
demand process with demands being accompanied by proof of
payment (copy of invoice or canceled check). _
For the duration of this agreement, any increase in the professional
development pay for the County's unrepresEInted managers will
result in an equivalent dollar amount to the Professional
Development pay for this unit. r
I. Sick Leave Incentive Plan. Employees shall be Eligible for a payoff of
unused sick leave accruals at separation. This program is an
incentive for employees to safeguard sick leave accruals as
protection against wage, loss due to time lost for injury or illness.
Payoff shall be approved by the Director of Human Resources and
can be awarded only under the following conditions:
1. The employee must have resigned in good standing.
3Y. 2. • Payout is not available if the employee retiires.
t
.p{4
t
3. The balance at resignation must be at IEast seventy percent
` (70%) of accruals earned in the preceding continuous period
of.employment.
4. Payout shall be under the following schedule:
DSA MGMT. UNIT - 52 - 2005 — 2008 MOU
I � ;
SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
Years of Permanent % of Unused
Continuous Service Sick Leave Paid
3 - 5 years 30%
5 - 7 years 40%
7+ years 50%
15.5 Terms & Conditions of Employment.
A. Overtime Exclusion. In recognition of their management status,
employees shall continue to be overtime exempt. The Office of the
County Administrator shall have authority to exclude certain
management classes from Overtime Exemption. Provisional
appointees to management classes and employees receiving higher
pay for a higher management classification who were not previously
in a management class shall be automatically placed on the
Overtime Exempt Exclusion List since they are not eligible for
management benefits.
B. Part-Time Employees. Part-time employees who work at least fifty
percent (50%) of full time on a continuing basis, shall be provided the
management benefits listed in this MOU on a full or pro rata basis.
C. Permanent-Intermittent Employees. Permanent-Intermittent
employees are eligible for vacation and sick leave benefits as
defined in this MOU on a pro rata basis.
D. Length of Service Credits. The length of service credits of each
permanent employee 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
except that when an employee separates from a permanent position
in good standing and is subsequently reemployed in a permanent
County-positions prior to the completion of two (2) years from date of
separation, the period of separation will be bridged. Under these
circumstances, the service credits shall include all credits
accumulated at time of separation but shall not include the period of
separation. The service credits of an employee shall be determined
from employee status records of the Human Resources Department.
15.6 Officer of the Day Program.
A. During the term of the 1998-2001 MOU, the parties agree that the
provisions regarding the Officer of the Day Program will be subject to
DSA MGMT. UNIT - 53 - 2005 - 2008 MOU
1
SECTION 15 - GENERAL TERMS & CONDITIONS OF
` EMPLOYMENT/MANAGEMENT BENEFITS
review and revision at regular Labor Management Committee
meetings.
' B. The Sheriff may assign Lieutenants on a full-time basis to the Officer
of the Day Program, subject to the following:
1. The Assistant Division .Commander of the Emergency
Services Division shall typically be responsible for providing
4,
routine relief for absences of one week or more.
a. During periods that one or more of the assigned
Lieutenants is not available for duty and the Assistant
Emergency Services Division Commander is not
available to provide relief, ,a Sergeant may be
temporarily assigned to the Program in the capacity of
an acting Lieutenant.
*t
2. The Officer of the Day Program shift schedule and the order of
shift rotations shall be established/modified at the Labor {° ,
Management Committee pursuant to paragraph A. above.
a. Once each year, during the annual vacation sign-up,
°d Lieutenants who are assigned to the Officer of the Day
4 Program shall sign-up for the.-ir ,, upcoming shift
assignments. The annual shift sign-up will become
effective on the first Monday in January of the following
year.
b. Following the annual sign-up, assigned Lieutenants
shall rotate shifts on the first Monday of each calendar
quarter.
c. Lieutenants who are assigned to the Officer of the Day
15Program mid-year shall assume the shift assignment
t and rotation schedule of the Lieutenant who is being
replaced.
:fa
3. When making assignments to the Officer of the Day Program,
jy the Sheriff shall consider those Liei,rtenants who have
volunteered for the assignment. Consideration also should be
given to avoid the involuntary assignment of a Lieutenant who
previously has been assigned to the program.
4. Although the Sheriff shall retain the right to determine the
length of assignment, Officer of the Day assignments normally
DSA MGMT, UNIT - 54 - 2005 — 2008 MOU
4444
} i
SECTION 16 - PROMOTION
will be subject to the same rotation policy(ies) as other
Lieutenant assignments.
C. Effective January 1 , 2006, and through the term of the MOU and any
extension thereof, Lieutenants who are assigned to the Officer of the
Day Program, including the Assistant Emergency Services Division
Commander, shall receive Holiday Overtime Pay or Holiday
Compensatory Time accruals at the employee's choice. This
provision shall be implemented as soon as practicable.
D. If the Officer of the Day Program is discontinued, the Sheriff's Office
may reinstate Section 15.6 — Watchstanding Conditions, of the
October 1, 1995 through September 30, 1998 MOU. If the Sheriffs
Office or the DSA proposes the development of an alternative
program, the Labor/Management Committee will be convened.
SECTION 16 - PROMOTION
16.1 Competitive Exam. Promotion shall be by competitive examination
unless otherwise provided in this MOU.
16.2 Promotion Policy. The Director of Human Resources, upon request
of an appointing authority, shall determine whether an examination is to be called
on a promotional basis.
16.3 Open Exam. If an examination for one of the classes represented by
the Association is proposed to be announced on an Open only basis the Director
of Human Resources shall give five (5) days prior notice of such proposed
announcement and shall meet at the request of the Association to discuss the
reasons for such open announcement.
16.4 Promotion Via Reclassification Without Exam. Notwithstanding
other provisions of this Section, an employee may be promoted from one
classification to a higher classification and his position reclassified at the request
of the appointing authority and under the following conditions:
a. An evaluation of the position(s) in question must show that the duties
and responsibilities have significantly increased and constitute a
higher level of work.
b. The incumbent of the position must have performed at the higher
level for one (1) year.
C. The incumbent must meet the minimum education and experience
requirements for the higher class.
DSA IVIGIVIT. UNIT _ 55 - 2005 - 2008 MOU
s�:
SECTION 17 - RESIGNATIONS
d. The action must have approval of the Director of Human Resources.
e. The Association approves such action.
The appropriate rules regarding probationary status and salary on promotion are
' applicable.
16.5 Requirements for Promotional Standing. In order to qualify for an
' examination called on a promotional basis, an employee must have probationary
or permanent status, in the merit system and must possess the minimum ,
qualifications for the class. Applicants will be admitted to promotional
examinations only if the requirements are met on or before the final filing date. If
Mfr„
an employee who is qualified on a promotional employment list is separated from
the merit system, except by layoff, the employee's name shall be removed from
the promotional list.
16.6 Seniority Credits. Employees who .have qualified to take
promotional examinations and who have earned a total score, not including
4Sfi
seniority credits, of seventy percent (70%) or more, shall receive, in addition to all
other credits, five one-hundredths of one percent (.05%) for each completed
month of service as a permanent County employee continuously preceding the
final date for filing application for said examination. For purposes of seniority
credits, leaves of absence shall be considered as service. peniority credits shall
be included in the final percentage score from which the rank on the promotional
list is determined. No employee, however, shall receive more than a total of five
percent (5%) credit for seniority in any promotional examination.
16.7 Physical Examination. County employees who are required as part
of the promotional examination process to take a physical examination shall do
so on County time at County expense.
SECTION 17 - 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 indicCate the effective date
of termination. Oral resignation shall be immediately confirmed by the appointing
x authority in writing to the employee and to the Human Resources Department r i
and shall indicate the effective date of termination.
17.1 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
fi
DSA MGMT. UNIT - 56 - 2005 — 2008 MOU d,.
SECTION 17 - RESIGNATIONS
consents to the employee's terminating on shorter notice) is a resignation in good
standing.
17.2 Constructive Resignation. A constructive resignation occurs and is
effective when:
a. An employee has been absent from duty for five (5) consecutive
working days without leave, and;
b. Five (5) more consecutive work days have elapsed without response
by the employee after the mailing of a notice of resignation by the
appointing authority to the employee at the employee's last known
address.
17.3 Effective Resignation. A resignation is effective when delivered or
spoken to the appointing authority, operative either on that date or another date
specified.
17.4 Revocation. A resignation that is effective is revocable only by
written concurrence of the employee and the appointing authority.
17.5 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 on the appointing
authority.
B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it
shall be revoked and the employee returned to duty effective on the
day following the appointing authority's acknowledgment without loss
of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice,
the appointing authority acknowledges that the resignation could
have been believed to be coerced, this question shall be handled as
an appeal to the Merit Board.
D. Disposition. If a final decision is rendered that determines that the
resignation was coerced, the resignation shall be deemed revoked
and the employee returned to duty effective on the day following the
decision but without loss of seniority or pay, subject to the
employee's duty to mitigate damages.
DSA MGMT. UNIT - 57 - 2005 - 2008 MOU
SECTION 18 - DISMISSAL, SUSPENSION & DEMOTION
SECTION 18 - DISMISSAL, SUSPENSION & DEMOTION
18.1 Cause for Disciplinary Action. The appointing authority may
dismiss, suspend, demote, or reduce within class, any employee for cause. The
following are sufficient causes for such action; the list is indicative rather than
inclusive of restrictions and dismissal, suspension, reduction or demotion may be
based on reasons other than those specifically mentioned:
a.* absence without leave,
b. conviction of any criminal act involving moral turpitude,
C. conduct tending to bring the merit system and/or Office of the Sheriff-
Coroner into disrepute,
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
g. being at work under the influence of liquor or drugs, carrying onto the
premises liquor or drugs or consuming or using liquor or drugs during
work hours and/or on County premises,
h. neglect of duty, (i.e. non-performance of assigned responsibilities),
I. negligent or willful damage to public property or waste of public
supplies or equipment,
j. violation of any lawful or reasonable regulation or order given by a
supervisor or department head,
k. willful violation of any of the provisions of the merit system ordinance
or Personnel Management Regulations,
I. material and intentional misrepresentation or concealment of any fact
in connection with obtaining employment,
M. misappropriation of County funds or property,
n. unreasonable failure or refusal to undergo any physical, medical,
and/or psychiatric exam and/or treatment authorized by this MOU,
o. dishonesty or theft,
DSA MGMT. UNIT - 58 - 2005 — 2008 MOU
c ? ,C �d
SECTION 18 - DISMISSAL, SUSPENSION & DEMOTION
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.
18.2 Skelly Requirements - Notice of Proposed Action (Skelly
Notice). Before taking a disciplinary action to dismiss, suspend, for more than
five (5) work days (four (4) work days for employees on "4-10" work week),
demote or reduce within class an employee, the appointing authority shall cause
to be served personally or by certified mail, on the employee, a Notice of
Proposed Action, which shall contain the following:
a. A statement of the action proposed to be taken.
b. A copy of the charges, including the acts or omissions and grounds
upon which the action is based.
C. If it is claimed that the employee has violated a rule or regulation of
the County, department or district, a copy of said rule shall be
included with the notice.
d. A statement that the employee may review and request copies of
materials upon which the proposed action is based.
e. A statement that the employee has seven (7) calendar days to
respond to the appointing authority either orally or in writing.
18.3 Employee Response. The employee upon whom a Notice of
Proposed Action has been served shall have seven (7) calendar days to respond
to the appointing authority either orally or in writing before the proposed action
may be taken. Upon request of the employee and for good cause, the appointing
authority may extend in writing the period to respond. If the employee's response
is not filed within seven (7) days or during any "extension, the right to respond is
lost.
18.4 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.
DSA MGMT. UNIT - 59 - 2005 - 2008 MOU
51
SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE,
' n
18.6 Length of Suspension. Suspensions without pay shall not exceed n
thirty (30) days unless ordered by an adjustment board or the Merit Board.
{ 18.6 . Procedure on Dismissal, Suspension or Disciplinary Demotion.
f
A. In any disciplinary action to dismiss, suspend, or demote an
employee having permanent status in a position in the merit system
' after having complied with the Skelly requirements where applicable,
the appointing authority shall make an order in writing stating
xs-
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
t_. 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. fir,
Er:
C. Employee Appeals from Order. The employee may appeal an order
of dismissal, suspension or demotion to the Merit Board.
SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE]
19.1 Definition. Any dispute by an employee over the application of any
x
(section of this MOU which cannot be resolved administratively, or is not handled
r° under the jurisdiction of the County .Merit Board may be addressed under �r
# provisions of Resolution 83/987 (Management Complaint Procedure) as follows:
Step 1 - Immediate Supervisor. Any management employee (complainant) who
believes that he/she has been adversely affected by the application or
interpretation of a rule, regulation, or procedure or otherwise adversely affected in
a manner not within the scope of available appeal avenues, may within thirty (30)
it
calendar days discuss the problem with his/her immediate supervisor. If the
problem is not resolved at this step, the employee-may use Step 2.
Step 2 - Department Head. If a 'complaint is not resolved in Step 1 , the
complainant may, within seven (7) calendar days after the immediate supervisor's
response, request an appointment with his/her Department Head or designee. If3
As
the problem is not resolved at this step, the complainant may use Step 3 or Step
,„
4.
;l Step 3 - Mediation. If a complaint is not resolved at Step 2, the complainant may,
j within seven (7) calendar days after the Department Head's response, file a
written request with the Director of Human Resources for mediation. This request
ie e7nt ..
DSA MGMT. UNIT - 60 - 2005 — 2008 MOU
. ,
SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
shall contain a description of the problem and the specific issue. The Director of
Human Resources, or his designee shall meet with the complainant and
Department Head, or designee, within ten (10) work days and select a mutually
agreed-upon mediator. The mediation shall be confidential and shall not become
part of the complainant's personnel record. If a resolution agreeable to the
complainant and the Department Head is reached, it may, if mutually agreed, be
reduced to writing. If the problem is not resolved at this step, the complainant
may use Step 4. Mediation is not required and the complainant may skip this step
and proceed to Step 4 with a request like that for Step 3.
Step 4 - Adjustment Panel. If the problem is not resolved at Step 3 or if Step 3 is
skipped (see above) complainant may, within seven (7) calendar days after the
mediator's or Department Head's response, submit his/her complaint in writing to
the Director of Human Resources or designee, who shall promptly convene an
adjustment panel of three management employees. As used herein
"management employees" includes management employees of both the County
and Fire Protection Districts. The complainant and the Department Head shall
each select one (1) panel member, which two (2) shall select the third (3rd)
member. The panel shall hear evidence and arguments regarding the complaint
and shall render a statement of findings and recommendation to the complainant
and the Department Head, with copies to the County Administrator and Director
of Human Resources.
Step 4 of the management complaint procedure may be waived by the written
mutual agreement of the parties.
Step 5 - Once-Annual Right to Arbitration. Within ten (10) calendar days of
exhaustion of this procedure through Step 4, the Deputy Sheriffs' Association
may request a meeting and/or discussion with the Sheriff about the complaint.
The Deputy Sheriffs' Association may, only once per MOU year, take such
complaint to binding arbitration as described in Step 5, Section 24.1 - Grievance
Procedure of the October 1 , 1991-September 30, 1995 MOU between the parties.
19.2 Compensation Complaints. All complaints involving or concerning
the payment of compensation shall be initially filed in writing with the Director of
Human Resources. Only complaints which allege that employees are not being
compensated in accordance with the provisions of this MOU shall be considered
as grievances. Any other matters of compensation are to be resolved in the
meeting and conferring process if not detailed in the MOU which results from
such meeting and conferring process shall be deemed withdrawn until the
meeting and conferring process is next opened for such discussion. No
adjustment shall be retroactive for more than six (6) months from the date upon
which the complaint was filed.
19.3 Strike/Work Stoppage. During the term of this MOU, the
Association,, its members and representatives, agree that it and they will not
DSA MGMT. UNIT - 61 - 2005 - 2008 MOU
I
SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
engage in,_ authorize, sanction, or support any strike, slowdown, stoppage of
work, sickout, or refuse to perform customary duties.
In the case of a legally declared lawful strike against a private or public sector
employer which has been sanctioned and approved by the labor body or 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 hici 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.
19.4 Merit Board.
A. All grievances of employees in representation units represented by
the Association shall be processed under Section 19 unless the
employee elects to apply to the Merit Board on matters within its
jurisdiction.
B. No action under Steps 3 and 4 of Subsection 19.1 above shall be
taken if action on the management complaint has been taken by the
Merit Board, or if the management complaint its pending before the
Merit Board.
19.5 Filing by Association. The Association may file a management
complaint at Step 3 on behalf of affected employees when action by the County
Administrator or the Board of Supervisors violates a provision of this MOU.
19.6 Letters of Reprimand. Letters of reprimand are subject to the
management complaint procedure. Letters of Reprimand shall be removed from
an employee's file which are five (5) years old from the! date issued unless
subsequent disciplinary action has been taken and sustained against the
employee for the same type of offense within said five (5) year period in which
case the Letter of Reprimand is not subject to removal.
However, where the subsequent. disciplinary action consists of Letter(s) of
Reprimand for the.same type of offense, those letters (including the original letter)
will be removed from the employee's file after five (5) yeans pass from the date
the most recent letter is issued unless a different type of discipline (e.g.,
suspension, et al) for the same type of offense is taken and sustained during said
five (5) year period.
19.7 Corrective Counseling System. The Corrective;' Counseling System
is a method of training and counseling employees in an effort to improve behavior
and performance without the negative effects of lasting disciplinary measures. It
will hereafter consist of three (3) phases, or levels, with procedures and policies
DSA MGMT. UNIT - 62 - 2005 — 2008 MOU
sic
SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
for administration developed within the Department. Placement into the
Corrective Counseling System is not subject to the management complaint
procedure.
There shall be no mention of the "phase" program in any employee's evaluation,
although the circumstances allegedly supporting the starting, the ending, or the
continuing of a phase, may be mentioned. This does not affect any other rights or
responsibilities of the parties with regards to the performance evaluations per se.
An employee placed into a Phase of the Corrective Counseling System may
appeal the placement through a formal department hearing process. Following
are the guidelines and procedures to be utilized in the process:
a. Hearing Officer. The phase placement appeal will be heard by a
Commander not in the employee's direct chain of command,
hereafter referred to as the Hearing Officer. The Hearing Officer has
the authority to set aside the phase placement completely or
decrease the phase to any lower level.
b. Notification of Intent to Appeal. Upon receipt of the Phase memo, the
affected employee has seven (7) calendar days to deliver written
documentation of an intent to appeal the phase placement. The
"intent to appeal" memo is to be addressed to the Hearing Officer,
with a copy to the employee's Division Commander. The appeal
process defers the starting date of the phase period.
C. Hearing Date. Upon receipt of the "intent to appeal" memo, the
Hearing Officer will schedule a hearing date and notify the affected
employee at least seven (7) calendar days prior to the hearing date.
The hearing date shall be within twenty-one (21) calendar days of
the Hearing Officer's receipt of the "intent to appeal" unless one of
the primary parties involved is unavailable, in which case the hearing
will be scheduled as soon as practical upon the return to work of the
parties.
d. The Hearing. For Phase I and II actions, the employee may submit a
written request for hearing to the Commander not in the employee's
chain of command. The Commander will review the request and
determine if there is a basis for a formal hearing. An alternate
informal process exists which would allow the employee and his/her
representative to meet and discuss the phase placement in
accordance with the established open door policy of the Department.
For Phase III appeals, the Commander will determine the parties to
be present at the hearing, except that the affected employee will be
DSA MGMT. UNIT - 63 - 2005 - 2008 MOU
SECTION 20 - DEPARTMENT INVESTIGATIONS
present, and a maximum . of two (2) representatives of the
employee's choice.
In general, witnesses will not be called or allowed; however, the
affected employee may submit written statements from the employee
(or others) which will support the appeal.
The entire appeal hearing will be tape recorded. The tape will be
kept (and be available) in the Administration Division, and will be
erased when the phase is no longer in effect. Upon his request and
at his expense, the employee may tape the hearing.
The Commander will weigh all testimony and attempt to determine
the facts surrounding the phase placement.
e. Results. The Hearing Officer will report his decision in a brief memo
to the employee within five (5) business days of the hearing.
If the decision upholds the original recommendation or decreases the
phase level, the phase period begins on the date of the Hearing .
O`fficer's decision.
If the Hearing Officer. determines that,a phase was not appropriate,
all reference to the phase incident and hearinca will be immediately
purged from the personnel file, and the Hearing Officer's written
decision will be sent to the affected employee.
SECTION 20 - DEPARTMENT INVESTIGATIONS
It has always been and shall continue to be, the Sheriffs position that all internal
investigations shall be conducted in a professional and timely manner. The
scope and intent of all legal and policy mandates shall be ;adhered to during all
phases of the investigation. This includes that the confidenti,:ality of all information
gained during the inquiry shall be consistent with present legal restraints relative
to discovery and disclosure.
SECTION 21 - LABOR/MANAGEMENT COMMITTEE
Matters of concern to employees in this unit may be raised by the Department or
the DSA in the existing Labor-Management Committee.
SECTION 22 - RETIREMENT CONTRIBUTION
DSA MGMT. UNIT - 64 - 2005 — 2008 MOU
SECTION 22 - RETIREMENT CONTRIBUTION
A. 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 employee's contribution for
the retirement cost of living program as determined by the Board of
Retirement of the Contra Costa County Employees' Retirement
Association without the County paying any part of the employee's
share. The County will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
B. Employees represented by DSA who are Tier II members of the
Contra Costa County Employees' Retirement Association (CCCERA)
are entitled to elect to become Tier III members as provided in
Subsection 1 below. DSA members who elect Tier III membership
will be required to fund any increased costs as provided in
Subsection 2, below.
1. Employees' represented by DSA enrolled in Tier II who have
attained five (5) years of retirement credited service, shall
have a ninety (90) days from the date of said five (5) year
anniversary to make a one time irrevocable election of the Tier
III Retirement Plan.
2. The County's employer contributions and subvention of
employee contributions for members of the DSA electing Tier
III, which exceed those which would be required for Tier III
membership as of October 1, 1998, shall be paid by the
employees in the bargaining unit, subject to the following:
a. The amount of the employee's 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.
b. If the County's retirement costs increase after October
1, 1998 as a result of the operation of Tier III, or if the
CCCERA's actuaries determine in future years that the
County's retirement costs have increased and that the
increase is attributable to the impact of Tier III on the
County's retirement costs after October 1 , 1998, such
increase shall be funded by reducing the general wage
increase(s) agreed upon in future years, to the extent
that future wage increases are granted; and the general
wage increase(s) of all employees represented by DSA
shall be reduced accordingly, provided that such
DSA MGMT. UNIT - 65 - 2005 - 2008 MOU
SECTION 22 - RETIREMENT CONTRIBUTION
increased costs shall be charged to the bargaining unit
only to the extent that the increased costs exceed
$40,000 per year.
C. In the event the County and the labor Coalition reach
an agreement which is effective during the term of this
MOU that provides that the County will not seek
reimbursement for increases in the County's retirement
costs attributable to the creation of Tier III and/or the
impact of Tier III on the County's retirement costs as
specified in the previous paragraph, the County will
apply the same proportional cost rationale and formula
to this section..
d. Effective October 1, 2002, Tier 2 of the retirement plan
shall be eliminated and all employees in Tier 2 of the
retirement plan shall be placed in Tier 3.
Employees in Tier 2 with ten (10) or more years of
County/District service, will be eligible to participate in
the County's buy back program. Employees may
replace Tier 2 benefits with Tier 3 benefits as follows:
1. Employee buys back two (2) years, County will
buy back one (1) year for a total of three (3) years
of buyback.
2. Employee buys back four (4) years, County will
buy back two (2) years for a total of six (6) years
of buyback.
3. Employee buys back six (6) years, County will buy
back three (3),years for a totzd of nine (9) years of
buyback.
22.1 Safety Retirement Tiers- Current Employees
A. The parties agree to reopen this agreement to negote 1) the
establishment of new safety retirement tiers for sworn employees
who are members of the DSA bargaining unit and are employed by
the County as of December 31, 2006; and 2) such employees'
payment of a percentage of their retirement base to pay part of the
employer's contribution for the cost of each retirement tier. This
reopener is contingent upon the occurrence of all of the following:
1. . Enactment of SB 24;.
DSA MGMT. UNIT - 66 - 2005 — 2008. MOU
SECTION 22 - RETIREMENT CONTRIBUTION
2. The parties' execution of a Memorandum of
Understanding that includes among other things, the
provisions expressed herein.
3. The County's receipt of a Private Letter Ruling from the IRS
that protects the County and DSA members hired prior to
January 1, 2007 from additional tax liability if said DSA
members have the opportunity to elect new retirement tiers
through the implementation of SB 524.
Absent mutual agreement on the establishment of new safety
retirement tiers and/or the employees' payment of a percentage of
their retirement base to pay part of the employer's contribution for
the cost of each tier, no new tiers shall be established, and the
employees' payment towards the employer's contribution will be
unchanged.
B. The following tiers would be established:
1 . In Safety Tier A, the retirement formula is "3 Percent at 50."
The cost of living adjustment (COLA) to the retirement allowance
shall not exceed three (3) percent per year. The employee's final
compensation shall be based on a twelve (12) month salary
average.
2. In Safety Tier B, the retirement formula is "3 Percent at 55."
The cost of living adjustment (COLA) to the retirement allowance-
shall not exceed two (2) percent per year. The employee's final
compensation shall be calculated based on a twelve (12) month
salary average.
3. In Safety Tier C, the retirement formula is "3 Percent at 50."
The cost of living adjustment (COLA) to the retirement allowance
shall not exceed two (2) percent per year. The employee's final
compensation shall be calculated based on a thirty-six (36) month
salary average.
C. Method of Election.
1. Upon the occurrence of all of the following:
a. all of the contingencies listed in item A are met and
the parties have reached the agreement referenced
in item A;
DSA MGMT. UNIT - 67 - 2005 - 2008 MOU
m i
1 r4
SECTION 22 - RETIREMENT CONTRIBUTION
b. actuarial studies by the County and by the Contra Costa
County Employees Retirement Association
("CCCERA",) have been completed;
C. the Board of Supervisors has adopted an ordinance
or resolution making Government Code Section
31484.9 operative in this County;
d. the Board of Supervisors has adopted such other
ordinances or resolutions as may be necessary to
implement the agreement referenced in item A;
e. as required by section 31484.9, the County has
prepared written information about the change in
benefits for employees who elect to enter a new tier;
and
f. CCCERA has taken any other ,;actions that may be
necessary to implement the agreement referenced
in item A;
the County shall work with CCCERA to provide a time period of no
less than three (3) calendar months during which sworn members of
the DSA bargaining unit who are County employees as of December
31, 2006, may make a written irrevocable ele(;:tion to 1) waive and
release all rights to retirement benefits under Safety Tier A for the
period of service following the election and 2) enter either Safety Tier
B or Safety Tier C for the period of service following the election.
2. An employee who elects to enter Safety Tier B or Safety
Tier C shall have his or her retirement benefits calculated
on the basis of Safety Tier A for the period of service prior
to the election.
D. The parties agree that the provisions of Government Code
section 31484.9 shall apply to sworn members of the Deputy
Sheriffs Association.
22.2 Payment of Employer Contribution. Beginning (,)ctober 1 , 2006 and
through the term of this Memorandum of Understanding and any extension
thereof, a sworn member of the DSA bargaining unit who was employed by the
County as of December 31 , 2006 shall pay three percent (3%) of his or her
retirement base to pay part of the employer's contribution fc)r the cost of Safety
Tier. A. This is a reduction in the amount sworn DSA members have been
required to pay toward the employer's contribution for the cost of Safety Tier A
under the . 2002 Memorandum of Understanding (This started as a 2.25%
DSA MGMT. UNIT - 68 - 2005 — 2008 MOU
SECTION 23 - SAFETY
deduction in the initial year, and then became a 9 % deduction). "Retirement
base" means base salary and other payments, such as salary differential and flat
rate pay allowances, used to compute retirement benefits.
22.3 Thirty Years of Continuous Service as a Safety Member. Effective
January 1, 2007 through the term of this Memorandum of Understanding and any
extensions thereof, a DSA member with credit for more than 30 years of
continuous service as a safety member shall not make payments from his or her
retirement base to pay part of the employer's contribution for the cost of Safety
Tier A.
22.4 Safety Retirement Tiers- Employees Hired or Rehired after
December 31, 2006
A. For sworn employees hired by the County after December 31, 2006)
the retirement formula shall be "3 Percent at 50". The cost of living
adjustment (COLA) to the retirement allowance shall not exceed two
(2) percent per year. The employee's final compensation shall be
based on his or her highest thirty six (36) month salary average.
Effective January 1, 2007 through the term of the Memorandum of
Understanding and any extension thereof, the employee will pay two
and one-tenths percent (2.1%) of his or her retirement base to pay
part of the employer's contribution for the cost of this retirement
benefit. Safety Tiers A and B are closed to all employees initially
hired after December 31 , 2006.
B. Employees who left County service prior to December 31, 2006
and are rehired after that date shall not be eligible to elect a
retirement tier. Such rehired employees shall be automatically
placed in that retirement tier for which they are eligible under
the County Employees Retirement Law.
SECTION 23 - SAFETY
The County shall expend every effort to see to it that the work performed under
the terms and conditions of this MOU is performed with a maximum degree of
safety consistent with the requirement to conduct efficient operations.
SECTION 24 - MILEAGE
Mileage allowance for the 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.
DSA MGMT. UNIT - 69 - 2005 - 2008 MOU
3 �
SECTION 25 - PAY WARRANT ERRORS
SECTION 25 - 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 Saturdays, Sundays and holidays from the time the
department is made aware of and verifies that the pay warrant is in error.
Pay errors discovered by the County found in employee pay shall be corrected as
soon as possible as to current pay rate, but that no recovery of either
overpayments or underpayments to an employee shall be made retroactively
except for the six (6) month period immediately preceding discovery of the pay
error. This provision shall apply regardless of whether the Error was made by the
employee, the appointing authority or designee, the Director of 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, an Association representative may be present at a
meeting with management to discuss a repayment schE dule in the case of
overpayments to the employee. -
SECTION 26 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for personnel to fill a position
in a class for which no reemployment or employment list is available, or in a class
for which no eligible or insufficient eligibles to complete the certification will
accept appointment to the position, the Director of Hunan Resources may
authorize the appointing authority to appoint any person who possesses the
minimum qualifications for the class as set forth in the class specifications,
provided that the names of eligibles available and the narnes of persons who
have indicated their intention to take the next examination for the class shall be
referred to the appointing authority at the time authorization iS issued.
In no case shall a permanent position be filled by a provisional appointment for a
period exceeding six (6) calendar months except under the following conditions:
a. If an examination has been announced for the class and recruitment
of applicants is in process, the Director of Human Resources may
DSA MGMT. UNIT - 70 - 2005 — 2008 MOU
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1
SECTION 27 - PERSONNEL FILES
authorize a continuation of provisional appointments until an eligible
list is established.
b. In case of a provisional appointment to a permanent position vacated
by a leave of absence, such provisional appointment may be
continued for the duration of said leave.
A provisional appointment shall be terminated within thirty (30) days after the date
of certification of eligibles from an appropriate eligible list.
All decisions of the Director of Human Resources relative to provisional
appointments are final.
Before filling a position by a provisional appointment, the appointing authority
shall post notice and shall consider current qualified employees for the
appointment. Only if there are insufficient internal applicants to constitute a full
certification may the appointing authority consider applicants from outside County
service.
SECTION 27 - PERSONNEL FILES
An employee shall have the right to inspect and review any official record(s)
relating to his or her performance as an employee or to a grievance concerning
the employee which is kept or maintained by the County in the employee's
personnel file in the Human Resources Department or in the employee's
personnel file in their department. The contents of such records shall be made
available to the employee for inspection and review at reasonable intervals during
the regular business hours of the County.
The County shall provide an opportunity for the employee to respond in writing to
any information which is in the employee's personnel file about which he or she
disagrees. Such response shall become a permanent part of the employee's
personnel record. The employee shall be responsible for providing the written
responses to be included as part of the employee's official personnel file. This
section does not apply to the records of an employee relating to the investigation
of a possible criminal offense, medical records and information or letters of
reference.
All documents pertaining to disciplinary actions shall be placed in an official
personnel file maintained by the Human Resources Department or in an official
personnel file maintained by their department. Copies of written reprimands or
memoranda pertaining to an employee's unsatisfactory performance which are to
be placed in the employee's personnel file shall be given to an employee who
shall have the right to respond in writing to said documents. Copies of letters of
commendation which are to be placed in the employee's personnel file will be
DSA MGMT. UNIT - 71 - 2005 - 2008 MOU
SECTION 28 SERVICE AWARDS '
S 1,
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a given to the employee. Employees have the right to review their official personnel
files which are maintained in the Human Resources Di: partment or by their .
department. In a case involving a grievance or disciplinary .action, the employee's
designated representative may also review his or her personnel file with specific >'
written authorization from the employee.
_ The Association will be given a list of all types of personnel files maintained by
�- the Sheriff.
SECTION 28 - SERVICE AWARDS
The County shall continue its present policy with respect to service awards
including time off; provided, however, that the type of award given shall be at the
sole discretion of the County.
` The following procedures shall apply with respect to service awards: ,.
` a. Presentation Before the Board of Supervisors_. An employee with
twenty (20) or more years of service may go before the Board of
Supervisors to receive his/her Service Award. When requested by a
department, the Human Resources Department will make
arrangements for the presentation ceremony before the Board of
{ Supervisors and notify the department as to the; time and date of the ;
Board meeting.
r.
;F b. Service Award Day Off. Employees with fifteen (15) or more years of
a service are entitled to take a day off with pay at each five (5) year
anniversary.
SECTION 29 REIMBURSEMENT FOR MEAL EXPENSES & CHARGE FOR
DETENTION DIVISION MEALS
�
29.1 Reimbursement for Meal Expenses. Employees shall be to� p Y
reimbursed for meal expenses under the following circunnstances and in the
I amount specified:
� u
tK a. When the employee is required to be out of his/pier regular or normal t'
At work area during a meal hour because of a particular work _
assignment and with prior approval of the department head or, his
ik designee.
' b. When the employee is required to stay-over to attend consecutive or
continuing afternoon and night sessions of a board or commission.
DSA MGMT. UNIT - 72 - 2005 — 2008 MOU
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4 j
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SECTION 30 - COMPENSATION FOR LOSS OR DAMAGE TO
PERSONAL PROPERTY
C. When the employee is required to incur expenses as host for official
guests of the County, work as members of examining boards, official
visitors, and speakers or honored guests at banquets or other official
functions.
Meal costs will be reimbursed only when eaten away from home or
away from the facility in the case of employees at 24-hour
institutions.
Procedures and definitions relative to reimbursement for meal
expenses shall be in accordance with the Administrative Bulletin on
Expense Reimbursement.
29.2 Charge for Detention Division Meals. Personnel represented by
the DSA and permanently assigned to the Detention Division will have fifteen
dollars ($15) per month deducted from their pay checks in exchange for meals
provided by the Department. The employee may choose not to eat facility food. In
that case no fees will be deducted.
SECTION 30 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
30.1 Conditions. The loss or damage to personal property of employees
is subject to reimbursement under the following conditions:
a. The loss or damage must result from an event which is not normally
encountered or anticipated on the job and which is not subject to the
control of the employee.
b. Ordinary wear and tear of personal property used on the job is not
compensated.
C. Employee tools or equipment provided without the express approval
of the department head and automobiles are excluded from
reimbursement.
d. The loss or damage must have occurred in the line of duty.
e. The loss or damage was not a result of negligence or lack of proper
care by the employee.
f. The personal property was necessarily worn or carried by the
employee in order to adequately fulfill the duties and requirements of
the job.
DSA MGMT. UNIT - 73 - 2005 - 2008 MOU
1
SECTION 31 - UNFAIR LABOR PRACTICE
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F
g. The loss or damage to an employee's dentures or other prosthetic
devices did not occur simultaneously with a job connected injury
covered by Workers' Compensation.
h. The amount of reimbursement shall be limited to the actual cost to
repair damages. Reimbursement for items damaged beyond repair
shall be limited to the actual value of the item at the time of loss or
damage but not more than the original cost.
I. The burden of proof of loss rests with the employee.
J- Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to
Personal Property. r
30.2. Policies & Practices. The employer will continue its present policies ;v
and practices with regard to loss or damage to personal property. This MOU
provision does not constitute a waiver by the DSA or an affected employee to
litigate in court the legality of portions of the policies dealing with limiting '
reimbursement because of alleged employee negligence or wrongdoing.
SECTION 31 - UNFAIR LABOR PRACTICE
' Either the County or the Association may file an unfair labor practice as defined in
t Chapter 34-22 of the Board of Supervisors Resolution 81/1165 against the other.
r, Allegations of an unfair labor practice, if not resolved in discussions between the
parties, shall be heard by a mutually agreed upon impartial third party.
tf SECTION 32 - LENGTH OF SERVICE DEFINITION (for service awards and
vacation accruals)
`i 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 absenceIs on approved leave
of absence). When an employee separates from a permanent position in good
t standing and within two (2) years is reemployed in a permanent County position, .
or is reemployed in a permanent County position from a layoff list within the
period of layoff eligibility, service credits shall include all credits accumulated at
time of separation, but shall not include the period of separation. The Director of
Human Resources shall determine these matters based on the employee status
-Department.
records in the Human ResourcesDe a
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(
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DSA MGMT. UNIT — 74 — 2005 — 2008 MOU
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1
SECTION 33 - UNIFORM ALLOWANCE(S.WA.T. UNIFORM
SECTION 33 - UNIFORM ALLOWANCE/S.W.A.T. UNIFORM
33.1 Uniform Allowance. Effective January 1, 2007, employees eligible
for the uniform allowance will receive a total of eight hundred seventy two dollars
($872) per year.
33.2 Uniform Allowance Method of Payment. Employees who are
eligible for the uniform allowance will receive such allowance included in their
monthly pay warrants.
33.3 S.W.A.T. Uniform. The department shall provide all employees
accepted into S.W.A.T. with the necessary uniform and equipment.
SECTION 34 - PEACE OFFICER TRAINING INCENTIVE PROGRAM
34.1 Management/Executive P.O.S.T. Certificate. Provisions of Section
17 - Peace Officer Training of the County Salary Regulations are in effect for
incumbents in the classes of Captain, Chief-Criminalistics Laboratory and
Sheriffs Chief of Forensic Services as follows:
a. A permanent career incentive allowance of two and one-half percent
(2.5%) monthly base pay shall be awarded for the possession of a
Management and/or Executive P.O.S.T. Certificate and possession
of an approved Baccalaureate Degree.
b. A permanent career incentive allowance of five percent (5%) monthly
base pay shall be awarded for the possession of a Management
and/or Executive P.O.S.T. Certificate and possession of an approved
Master's Degree.
34.2 Advanced P.O.S.T. Certificate. Provisions of Section 17 Peace
Officer Training of the County Salary Regulations are in effect for incumbents in
the classes of Lieutenant and Supervising Criminalist as follows:
a. A permanent career incentive allowance of two and one-half percent
(2.5%) monthly base pay shall be awarded for the possession of an
Advanced P.O.S.T. Certificate and possession of an approved
Baccalaureate Degree. Effective April 1, 2002, Lieutenants will be
eligible to receive an additional two and one-half percent (2.5%) of
monthly base pay for the possession of an Advanced P.O.S.T.
Certificate.
b. A permanent career incentive allowance of five percent (5%) monthly
base pay shall be awarded for the possession of an Advanced
DSA MGMT. UNIT - 75 - 2005 - 2008 MOU
s SECTION 35 CRITICAL INCIDENT
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P.O.S.T. Certificate and possession of an approved Master's A;
Degree.
34.3 Deletion of Continuing Education Program. Effective October 1 ,
M 1996, all sworn, management employees will receive a one-time,only two and ..
one-half percent (2.5%) increase in base salary in exchange for the elimination of
the continuing education program.
` Y SECTION 35 - CRITICAL INCIDENT
a
In the event the act or,omission of a sworn officer cause:.; the death or serious
injury of another person, the officer's Division Commander shall place the
employee on Administrative Leave (with pay) for the forty-eight (48) hours
y
immediately following the incident.
SECTION 36 - 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 implernent 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
k upon the first day of the month following thirty (30) days after such Ordinance is ;
i1�7f adopted.
SECTION 37 - SCOPE OF AGREEMENT & SEPARABILIT'Y OF PROVISION
37.1 Scope of Agreement. Except as otherwise specifically p p y provided ,.
herein, this MOU fully and completely incorporates the understanding of the �s
parties hereto and constitutes the sole and entire agreement between the parties
f?z
in any and all matters subject to meet and confer. Neither party shall, during the
i
term of this MOU, demand any change herein, provided that nothing herein shall
rk ,
prohibit the parties from changing the terms of this MOU by mutual agreement.
The Union understands and agrees that the County is not obligated to meet and
confer regarding wages, hours or conditions of employment during the term of
this extended agreement, except as otherwise required by law. _::
37.2 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 suchi 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.
DSA MGMT. UNIT - 76 - 2005 — 2008 MOU
SECTION 37 - SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISION
37.3 Personnel Management Regulations. Where a specific provision
contained in a section of this MOU conflicts with a specific provision contained in
a section of the Personnel Management Regulations, the provision of this MOU
shall (prevail. It is recognized, however, that certain provisions of the Personnel
Management Regulations may be supplementary to the provisions of this MOU or
deal with matters not within the scope of representation and as such remain in full
force and effect.
37.4 Duration of Agreement. This Agreement shall continue in full force
and effect from October 1, 2005 to and including June 30, 2008.
Dated:
CONTRA COSTA COUNTY DEPUTY SHERIFFS' ASSOCIATION.
DSA MGMT. UNIT - 77 - 2005 - 2008 MOU
Jane Pennington To: JGioia@bos.cccounty.us, MDesa@bos.cccounty.us,
12/01/2006 11:38 AM MPiep@bos.cccounty.us, Federal D Glover/BOS/CCC@CCC,
MaryPiepho@sbcglobal.net,JCull@cao.cccounty.us,
smarc@cc.cccounty.us,jenea@cao.cccounty.us
cc: Terrance Cheung/BOS/CCC@CCC, David Fraser/BOS/CCC@CCC,
Paige D'Angelo/BOS/CCC@CCC, Lea Castleberry/BOS/CCC@CCC,
Steve Dexter/BOS/CCC@CCC,Greg Bedard/BOS/CCC@CCC,
Maceo Trotter/COB/CCC@CCC, Lena O'Neal/COB/CCC@CCC
Subject: Late attachments for C.62 and C.63, 12/05 agenda
Supervisors, County Administrator, and County Counsel:
Please find below attachments to be considered with Consent agenda items C.62 and C.63 for next
Tuesday's meeting.
Attachment to the Sheriffs Management MOU, agenda item C.62:
.. aha...
DSA_Mahagement_AttachmentsExhibits_2005-2006.pdf
Attachment to the Sheriffs Rank and File MOU, agenda item C.63:
asa
DSA_Rank and File_Attachments Exhibits_2005-2008.pdf
Thanks„
Jane
Jane'Pennington,Chief Clerk
CONTRA COSTA COUNTY CLERK OF THE BOARD OF SUPERVISORS
j phone: 925.335.1908
;fax: 925.335.1913
i
CONSIDER WITH
ATTACHMENT
A. Class Listing for Management Unit
ATTACHMENT A
DEPUTY SHERIFFS' ASSOCIATION
CLASS LISTING
MANAGEMENT.UNIT.(V#) -
CLASS CLASS TITLE
6XDA CAPTAIN
6DHA DEP. SHERIFF SUPV CRIMINALIST
6XHA LIEUTENANT
6DDB SHERIFF'S CHIEF - FORENSIC SVCS
EXHIBITS
(Information/Reference Only)
A. Medical/Dental/Life Insurance Adjustments
EXHIBIT A
TENTATIVE AGREEMENT
MEDICAUDENTAUUFE INSURANCE ADJUSTMENTS
COVERAGES OFFERED
Effective January 1, 2000, the County will terminate its contract with Safeguard A
& B Dental and offer the Delta and PMI Delta Care Dental plans.
DENTAL PLAN SUBVENTION
Effective January 1, 2000, the County subvention for Dental plans will be as
follows:
Delta Dental 78%
PMl Delta Care 78% at 3 year rate guarantee
Dental Only County pays all but 0.1
DELTA DENTAL PLAN ENHANCEMENTS
Increase Annual Maximum from $1200 per member to:
$1400 1/1/2000
$1500 1/1/2001
$1600 1/112002
DOMESTIC PARTNER
Domestic Partner and dependents eligible to participate in dental coverage
contingent upon meeting eligibility and enrollment requirements.
LIFE INSURANCE
Effective January 1, 2000 increase coverage from $3000 to $7500 for employees
enrolled in either a health and/or dental plan.
HEALTH CARE SPENDING ACCOUNT
Effective January 1, 2000, increase the amount employees may set aside from .
their paycheck for health care expenses not reimbursed by any other health
benefits plan with before tax dollars from $2400 to $3000 per year.
OPEN ENROLLMENT
Open enrollment shall be held September 1 through October 15, 2000 for
coverage effective January 1, 2001. Open enrollment for coverage effective
January 1, 2002 shall be dependent on the outcome of negotiations.
TENTATIVE AGREEMENT
Dated:
FOR THE COUNTY FOR THE DEPUTY SHERIFFS'
ASSO IA ON
rq
IDER k4
IT r ( � (
I �
ATTACHMENT
A. Class Listing for Management Unit
{
ATTACHMENT A
DEPUTY SHERIFFS' ASSOCIATION
CLASS LISTING
MANAGEMENT UNIT (V#)
CLASS CLASS TITLE
6XDA CAPTAIN
6DHA DEP. SHERIFF SUPV CRIMINALIST
6XHA LIEUTENANT
6DDB SHERIFF'S CHIEF - FORENSIC SVCS
f .
EXHIBIT A
TENTATIVE AGREEMENT
MEDICAVDENTAL/UFE INSURANCE ADJUSTMENTS
COVERA_G_ES OFFERED
Effective January 1, 2000, the County will terminate its contract with Safeguard A
& B Dental and offer the Delta and PMl Delta Care Dental plans.
DENTAL PSN SUBVENTION
Effective January 1, 2000, the County subvention for Dental plans will be as
follows:
Delta Dental 78%
PMI Delta Care 78% at 3 year rate guarantee
Dental Only County pays all but 0.1
DELTA DENTAL PLAN ENHANCEMENT$
increase Annual Maximum from $1200 per member to:
$1400 1/1/2000
$1500 1/1/2001
$1600 111/2002
DOMESTIC PARTNER
Domestic Partner and dependents eligible to participate in dental coverage
contingent upon meeting eligibility and enrollment requirements.
LIFE INSURANCE
Effective January 1, 2000 increase coverage from $3000 to $7500 for employees
enrolled in either a health and/or dental plan.
1
f
HEALTH CARE SPF_NDING ACCOUNT
Effective January 1, 2000, increase the amount employees may set aside from .
their paycheck for health care expenses not reimbursed by any other health
benefits plan with before tax dollars from $2400 to $3000 per year.
i
OPEN ENROLLMENT
Open enrollment shall be held September 1 through October 15, 2000 for
coverage effective January 1, 2001. Open enrollment for coverage effective
January 1, 2002 shall be dependent on the outcome of negotiations.
TENTATIVE AGREEMENT
Dated:
FOR THE COUNTY FOR THE DEPUTY SHERIFFS'
ASSO IAON
e
I