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Home My WebLink AboutMINUTES - 02272007 - C.55 sE_L Contra TO: BOARD OF SUPERVISORS �� -G,,o� FROM: LORI GENTLES-Assistant County Administrator- : - _ s Costa Director of Human Resources `1- 13. CountycDATE: February 27, 2007 C , SUBJECT: Department of Agriculture-Canine Surveillance Inspection Team Differential SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Human Resources Director and the Agricultural Commissioner or designees to execute the January 31; 2007 side letter (copy attached) between the Agriculture Department and Public Employee's Union, Local One establishing a differential for the Canine Surveillance Inspection Teams, effective November 23, 2006. FISCAL IMPACT: Upon approval,this action will result in an annual cost of$8,000.00 and is completely funded through the California Department of Food and Agriculture Standard Agreement. There will be no net county cost associated with this request. BACKGROUND: The Canine Handlers in the Canine Surveillance Inspection program will be responsible for providing off-duty canine core care for their assigned canines. Compensation for daily canine core care of home kenneled canines will be $8.06 per day per canine handled as provided in the agreement between the Department and Public Employees Union, Local One (note that this is equivalent to the current negotiated $245.25/month that is compensated to home kenneled canine officers within the Deputy Sheriffs Association). CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON (� APPROVED AS RECOMMENDED �_ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. UNANIMOUS(ABSENT AYES: NOES: - - ABSENT: ABSTAIN: Contact: Vince Guise,5-6250(Agriculture) Teji O'Malley,5-1723(HR) Cc: Department of Agriculture ATTESTED Auditor-Controller JOHN CULLEN,CLERK-OF THE BOARD OFSUFtERVISORS Human Resources BY: lz� 0 DEPUTY The Canine Handler compensation will be suspended on a day by day basis during those times that the daily core canine care is not performed by the home kenneled Canine Handler due to the Canine Handle's vacation, leave of-absence or illness that involves the Department making arrangements for the care of the canine. An alternative Canine Handler may accept the daily canine care of the other canine for the period of time that the other Canine Handler is unable to provide such. During this time the Canine Handler accepting the additional responsibility will retain the $8.06 daily canine care compensation for their duties with the primary canine and will also receive the daily canine care compensation of$8.06 for the second canine that is under their care at a home kennel. Currently, only one of the two Canine Handler's will be receiving the differential since only one Canine Handier is home kenneling the canine. This Board Order will allow the additional Canine Handler to receive the differential should additional Canine Handler begin to home kennel the second canine in the program. CONSEQUENCE OF NEGATIVE ACTION: If this request is not approved, the Department of Agriculture's Canine Surveillance Inspection Teams will not be compensated for providing off-duty canine care which is a requirement setforth by the California Department of Food and Agriculture Standard Agreement. Failure to provide the off-duty canine core care may jeopardize the funding for the program. P. Department of Agriculture Contra Edward al Meyemissioner Con A Stanwell Circle Director of Weights and Measures Concord, California 94520-4807 Costa (925) 646-5250 FAX (925) 646-5732 County O' t n{��J/� u Branch Office Knightsen Farm Center _sEac o Delta Road.@ Second Street P.O. Box 241 Knightsen, CA 94548 _ (925) 427-8610 FAX (925) 427-8612 , = ° COUN January 31, 2007 Bill Schlant, Senior Business Agent Public Employees' Union, Local One P.O. Box 6783 Concord, CA 94524-1783 Dear Mr. Schlant: This letter is to confirm that we have met and conferred on the new Pilot Pest Surveillance Canine Inspection Program that is currently underway in the Department of Agriculture. This is a pilot program which is funded'by California Department of Food and Agriculture (CDFA); therefore, it is understood that if the funding terminates, so will the Pest Surveillance Canine Program unless other funding becomes available. If funding is not available, the canine handlers used in the program will have reversionary rights to their previous position or will be subject to seniority based lay-off rights per Section. 11 of the Memorandum of Understanding (MOU) between the County and Public Employees Union, Local One. Below are highlights of the Canine Operations policy manual; however, the Department's complete policy may be referenced at the Department of Agriculture, Public Employees Union, Local One, and in the Contra Costa County Human Resources-Labor Relations Unit. Duration: The Department is requesting a minimum three (3) year commitment from the Canine Inspection Surveillance Team. Training: Before assignment in the field, each Canine Inspection Surveillance Team shall be trained and certified to meet current USDA Canine Inspection Surveillance Team standards. Required training, certification, or recertification may involve an extended stay of up to 16 weeks at an out of State or out of county training facility. A team of two Canine Handlers attended and completed the canine training from September 16, 2006 to November 23, 2006. To the extent possible, training will be offered during normal business hours. Home. Kennel Funding: A home kennel must meet, the specifications of the Department. The Department will provide funding for the home kennel, provided the Department has pre-approved the cost and design of said kennel. Uniform: Identifying clothing that is distinctive to the Pest Surveillance Canine Inspection Program or Department will be provided by the Department. Work Schedule: The basic work week will consist of five (5) eight-hour work days; other schedules, such as 9180 work schedules may be approved at the discretion of the Department Head (reference MOU Section 6 between the County and Public Employee's Union, Local One and. Administrative Bulletin 315.2). The start hours for the Pest Surveillance Canine Inspection teams may vary dependent on the nature of the assignment. Definitions: 1) Canine"core care" includes the general maintenance care of the canine on a daily basis. This includes feeding and providing water for the canine, a basic maintenance level of exercise and providing a safe environment for the canine. It also includes cleaning, sanitizing and basic maintenance of the kennel. Note that this is the basic care level that is provided by a commercial kennel. 2) Canine "work related care" is that additional level of care that enables the canine to work safely and efficiently. It includes work day health checks, grooming, bathing, medicating and conditioning level exercise which is required by USDA to maintain and heighten the canines working proficiency and is to be performed during the workday. Start of Day: If the canine is kenneled at a commercial facility, the Canine Handler's work day will begin when he/she arrives at the office to pick up his/her assigned county vehicle, or, if the assigned vehicle is kept at the kennel, when he/she arrives at that facility to pick up the canine. If the Canine Handler home garages their vehicle, the work day begins when he/she picks up the canine at the kennel. If the canine is kenneled at home, the Canine Handler's work day begins once he/she starts to perform the work related canine care, which may take up to a maximum of 30 minutes. End of Day: The County vehicle may be kept at the employees' home if his/her residence is in Contra Costa County; or else, the vehicle will be returned 'to the Department of Agriculture office, unless approved otherwise. Work related canine care that is necessary at the end of the canine's work day will be included as a part of the Canine Handler's normal work day or will be compensated as overtime (per Section 7 of the MOU between the County and the Public Employee's Union, Local One) when the Canine Handler works over the n&mal shift. Shift Differentials: Shift differential pay is authorized for those days that the work schedule meets the conditions outlined in Section 10 of the MOU between Contra Costa County and Public Employee's Union, Local One. Overtime: Overtime must be approved by the Deputy or Chief Deputy in the Deputy's absence and will be handled in� accordance with Section 7 of the MOU between Contra Costa County and Public Employee's Union, Local One. Handler Compensation: Compensation for daily canine core care of home kenneled canines will be $8.06 per day per canine handled as provided in the agreement between the Department and Public Employees Union, Local One (note that this is equivalent to the current negotiated $245.25/month that is compensated to home kenneled canine officers Within the Deputy SherifFs Association). This compensable off-duty canine core care for Canine Handlers that home kennel is estimated to be not more than 30 minutes per day. This amount is a good faith estimate, intended to be comprehensive, accurate, and-inclusive of all pertinent facts.. The Canine Handler compensation will be suspended on a day by day basis during those times that the daily core canine care is not performed by the home kenneled Canine Handler due to the Canine Handlers' vacation, leave of absence or illness that involves the Department making arrangements for the care of the canine. An alternative Canine Handler may accept the daily canine care of the other canine for the period of time that the other Canine Handler is unable to provide such. During this time the Canine Handler accepting the additional responsibility will retain the $8.06 daily canine care compensation for their duties with the primary canine and will also receive the daily canine care compensation of$8.06 for the second canine that is under their care at a home kennel. Canine Handlers will also be eligible for paid overtime for emergency off-duty canine care (which is over and beyond ordinary canine care), provided the Canine Handler reports such occurrence in writing to his or her supervisor as soon as possible, and no later than the first shift worked after the emergency occurrence. Meet & Confer: The Department will meet with the Union if changes occur, including but not limited to changes in policy, procedures, regulations and/or guidelines. Miscellaneous: The parties agree that the compensation paid for off-duty canine care under this side letter fully satisfies the County's obligations under the Fair Labor Standards Act;("FLSA) and is limited to $8.06 per day per canine handled (equivalent to $245.25/monthly). In the event any claim is made that this compensation does not fully satisfy the County's obligation under the FLSA, contrary to the mutual intent of either party, the County may require a meet and confer regarding the Pest Surveillance Inspection Canine Program to ensure compliance with the FLSA and to effectuate the intent of the parties. Should the off-duty canine care compensation be increased for the canine officers in the Deputy Sheriffs Association, the Agricultural Pest Surveillance Inspection Canine Program will increase the off-duty canine care compensation by the same amount. If the foregoing confirms your understanding, please indicate approval and acceptance in the space provided below. Dated: Vince Guise Patty Whitlock Chief Deputy Agricultural Agricultural Unit President Commisioner/Sealer PEU-Local One ntra Costa C my Glyk(is Hughes .- Schlant Labor Relations Sp cialist Senior Business Agent Contra Costa County PEU-Local One