HomeMy WebLinkAboutMINUTES - 02272007 - C.59 TO: BOARD OF SUPERVISORS �I
"F L` CONTRA
FROM: Lori Gentles, Assistant County Administrator-
Director of Human Resources COSTA
DATE: February 8, 2007 "°�rq=���K COUNTY
SUBJECT: Memorandum of Understanding with the District Attorney
Investigators' Association (DAIA) for October 1, 2005
through June 30, 2008
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT the attached Resolution No. 20G,7�� approving the Memorandum of Understanding
between Contra Costa County and the District Attorney Investigators' Association (DAIA)
implementing negotiated wage agreements and other economic terms and conditions of employment
beginning October 1, 2005 through June 30, 2008.
CONTINUED ON ATTACHMENT: ---YES SIGNATUR
✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM D ION OF BOARD COMMITTEE
✓APPROVE OTHER
SIGNATURE(S):(L4,S1'
ACTION OF BO DON til D APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
UNANIMOUS(ABSENT 1 COPY OF AN ACTION TAKEN AND ENTERED ON THE
AYES: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE
ABSENT: ABSTAIN: SHOWN.
Orig.Dept: Human Resources Department ATTESTED ✓?( 1;,) /n
,V7
cc: County Administrator JOHN B.CULLEN,CLERK q THE BOARD OF
County Counsel SUPERVISORS AND COSWTY ADMINISTRATOR
Auditor-Controller
DAIA
BY C. - DEPUTY
M382(10/88)
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 27, 2007 , by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUBJECT: Adopt the Memorandum of ) RESOLUTION NO. 2007//0�
Understanding with District Attorney )
Investigators' Association (DATA) )
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 District Attorney Investigators' Association (DATA),
jointly signed by Lori Gentles, Assistant County Administrator, Director of Human Resources,
and Denise Bell, Labor Representative, 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
DAIA
BY DEPUTY
RESOLUTION NO. 20071 d'L
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DISTRICT ATTORNEY INVESTIGATORS'
ASSOCIATION
OCTOBER 1 , 2005 - JUNE 309 2008
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DISTRICT ATTORNEY
INVESTIGATORS' ASSOCIATION
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 governing
board of>the County and appropriate fire districts, as the joint recommendations of the undersigned
for salary and employee benefit adjustments for the period commencing October 1, 2005 and ending
June 30,2008.
Special provisions and restrictions pertaining to Project employees covered by this ,MOU are
contained in Attachment A which is attached hereto and made a part hereof.
DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or ordinance.
Association: District Attorney Investigators' Association.
Class: A group of positions sufficiently similar with respect to the duties and responsibilities that
similar selection procedures and qualifications may apply and that the same descriptive title may be
used to designate each position allocated to the group.
Class Title: The designation given to a class, to each position allocated to the class, and to the
employees allocated to the class.
County: Contra Costa County.
Demotion: The change of a permanent employee to another position in a class allocated to a salary
range for which the top step is lower than the top step of the class which the employee formerly
occupied except as provided for under "Transfer' or as otherwise provided for in this MOU, in the
Personnel Management Regulations, or in specific resolutions governing deep classifications.
DEFINITIONS
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, displacement, or demoted by displacement, or
have voluntarily demoted in lieu of layoff or displacement, or have transferred in lieu of layoff or
displacement..
Permanent-Intermittent Position: Any position which requires the services of an incumbent for an
indefinite period but on an intermittent basis, as needed, paid on an hourly basis.
Permanent Part-Time Position: Any position which will require the services of an incumbent for an
indefinite period but on a regularly scheduled less than full time basis.
Permanent Position: Any position which has required, or which will require the services of an
incumbent without interruption, foran 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:
lasses.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.
DAIA. -2 - 2005-2008 MOU
SECTION 1 - ASSOCIATION RECOGNITION
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.
SECTION 1 -ASSOCIATION RECOGNITION
The Association is the formally recognized employee organization for the District Attorney
Investigators' Unit, and such organization has been certified as such pursuant to Chapter 34-12 of
Board Resolution 81/1165.
SECTION 2 - ASSOCIATION SECURITY
.2.1' Dues Deduction. Pursuant to Chapter 34-26 of 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.
Dues deduction shall be based on the voluntary written authorization of ,the employee which shall
remain in effect so long as the employee remains in a unit represented by the Association unless
such authorization is canceled in writing by the employee in accordance with the provisions set forth
in Section 2.4. The dues deduction shall be for a specified amount and uniform between members of
the Association. The Association shall indemnify, defend, and hold the County harmless against any
claims made and against any suit instituted against the County on account of dues deduction. The
Association shall refund to the County any amounts paid to it in error upon presentation of supporting
evidence.
2.2 Dues Authorization Form. Employees hired in classifications assigned to. units
represented by the Association shall as a condition of employment at the time of employment
complete an Association dues authorization form provided by the Association and shall have
deducted from their paychecks the membership dues of the Association. Said employees shall have
thirty (30) days from the date of hire to decide if he/she does not want to become a member of the
Association. Such decision not to become a member of the Association must be made in writing to
the Auditor-Controller with a copy to the Employee Relations Division within said thirty (30) day
period. If the employee decides not to become a member of the Association any Association dues
previously deducted from the employee's paycheck shall be returned to the employee and said
amount shall be deducted from the next dues deduction check sent to the Association. If the
DAIA -3- 2005-2008 MOU
SECTION 2 - ASSOCIATION SECURITY
employee does not notify the County in writing of the decision not to become a member within the
thirty (30) day period, he/she shall be deemed to have voluntarily agreed to pay the dues of the
Association.
The dues authorization form referenced above shall include a statement that the Association and the
County have entered into a MOU, that the employee is required to authorize payroll deductions of
Association dues as a condition of employment, and that such authorization may be revoked within
the first thirty (30) days of employment upon proper written notice by the employee within said thirty
(30) day period as set forth above. Each such employee shall, upon written completion of the
authorization form, receive a copy of said authorization form which shall be deemed proper notice of
his or her right to revoke said authorization.
2.3 Maintenance of Membership. All employees in the unit represented by the Association
who. are currently paying dues to the Association and all employees in such unit 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 classification to which the employee is assigned, unless the employee has
exercised the option to cease paying dues in accordance with Section 2.4.
2.4 Withdrawal of Membership. By notifying the Auditor-Controller's Department in writing,
between May 1, 2008 and May 31, 2008, any employee may withdraw from Association membership
and discontinue paying dues as of the payroll period commencing July 1, 2008 discontinuance of
dues payments to then be reflected in the August 10, 2008 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.
2.5 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 Employee
Relations Officer; 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;
DAIA -4- 2005-2008 MOU
SECTION 2 - ASSOCIATION SECURITY
d. to represent an employee on a grievance, and/or to contact',an Association officer on a
matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such instance advance
arrangements including disclosure of which of the above purposes is the reason for the visit, will be
made with the departmental representative in charge of the work area, and the visit will not interfere
with County services.
2.6 Use of County Buildings. The Association shall be allowed the use of areas normally
used for meeting purposes for meetings of County employees during non-work hours when:
a. Such space is available and its use by the Association is scheduled twenty-four (24)
hours in advance;
b. There is no additional cost to the County;
C. It does not interfere with normal County operations;
d. Employees in attendance are not on duty and are not scheduled for duty;
e. The meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain scheduling of such
uses. The Association shall maintain proper order at the meeting, and see that the space is left in a
clean and orderly condition.
The use of County equipment (other than items normally used in the conduct of business meetings,
such as desks, chairs, ashtrays, and blackboards) is prohibited, even though it may be present in the
meeting area.
2.7 Advance Notice. The Association shall, except in cases of emergency, have the right
to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within
the scope of representation proposed to be -adopted by the Board, or boards and commissions
designated by the Board, and to meet with the body considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal at least seventy-two
(72).hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four
(24) hours before the item will be heard, shall constitute notice.
In cases of emergency when the Board, or boards and commissions designated by the Board,
determines it must act immediately without such notice or meeting, it shall give notice and opportunity
to meet as soon as practical after its action.
2.8 Assignment of Classes to Bargaining Units. The County shall assign new classes in
accordance with the following procedure:
a. Initial Determination. When a new class title is established, the Employee Relations
Officer or his/her designee shall review the composition of existing representation units
DAIA -5- 2005-2008 MOU
SECTION 3 - NO DISCRIMINATION
to determine the appropriateness of including some or all of the employees in the new
class in one or more existing representation units, and within a reasonable period of
time shall notify all recognized employee organizations of his determination.
b. Final Determination. The Employee Relations Officer or his/her designee's
determination is final unless within ten (10) days after notification a recognized
employee organization requests in writing to meet and confer thereon.
C. Meet and Confer and Other Steps. ,The Employee Relations Officer or his/her designee
shall meet and confer with such requesting organizations (and with other recognized
employee organizations where appropriate) to seek agreement on this matter within
sixty (60) days after the ten (10) day 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 or presentation of testimony or other
reasons;
C. if their attendance is required for meeting(s) scheduled at reasonable times agreeable
to. all parties required for settlement of grievances filed pursuant to Section 22 -
Grievance Procedure of this MOU;
d. if they are designated as a grievance representative in which case they may utilize a
reasonable time at each level of the proceedings to assist an employee to present a
grievance, provided the meetings are scheduled at reasonable times agreeable to all
parties;
DAIA -6- 2005-2008 MOU
SECTION 5 - SALARIES
e. if they are designated as spokesperson or representative of the Association and as
such make representations or presentations at meetings or hearings on wages, salaries
and working conditions;
f. 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 employee(s) is required.
The number of such representatives shall not exceed two (2) without prior approval of the department
and the Employee Relations Manager.
4.2 Association -Representatives. Official representatives of the District Attorney
Investigators' Association shall be allowed time off on County time for meetings during regular
working hours when formally meeting and conferring in good faith or consulting with the Employee
Relations Officer or other management representatives on matters within the scope of representation,
provided that the number of such representatives shall not exceed two (2) without prior approval of
the department and the Employee 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.
4.3 Release Time for Training. The County shall provide the Association a maximum of
eight (8) total hours per year of release time for Association designated officers to attend Association
sponsored training programs.
Requests for release time shall be provided in writing to the Department and County Human
Resources Department at least fifteen (15) days in advance of the time requested. The Department
Head will reasonably consider each request and notify the affected employee whether such request is
approved, within one'(1) week of receipt.
SECTION 5 - SALARIES
5.1 General Wage Increases.
Wages.
October 1, 2006 2% increase in base pay
October 1, 2007 2% increase in base pay
March 1, 2008 2% increase in base pay
Sixth Salary Step: Effective January 1, 2008, the County shall add a sixth step of 2.5% in base
salary to the salary range for all safety classifications. The time between steps shall be as follows:
6 months between Step 1 and Step 2
12 months between Step 2 and Step 3
12 months between Step 3 and Step 4
12.months between Step 4 and Step 5
DAIA -7- 2005-2008 MOU
SECTION 5 ' SALARIES
18 months between Step 5 and Step 6
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 deep class resolutions,
anniversary dates will be set as follows:
a. New Employees. The anniversary date of a new employee is the first day of the
calendar month after the calendar month when the employee successfully completes six
(6) months service provided however, if an employee began work on the first regularly
scheduled workday of the month the anniversary date is the first day of the.calendar
month when the employee successfully completes six (6) months service.
b. Promotions. The anniversary date of a promoted employee is determined as for a new
employee in subsection 5.3.A above.
C. Demotions. The anniversary date 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.
g. .The anniversary date of employees on leave from their.County position with or without
pay, for more than three (3) months shall be extended by the appointing authority for a
period of time equal to the length of time on leave. This new date shall become the
employee's new anniversary date for purposes of future.salary reviews.
DAIA -8 - 2005-2008.MOU
SECTION 5 - SALARIES
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 5.3 — Anniversary Dates 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',unconditional denial of the
increment or denial subject to one additional review at some specified date before the next
anniversary which must be set at the time the original report is returned.
Except as herein provided, increments within range shall not be granted more frequently than once a
year, nor shall more than one (1) step within-range increment be granted at one time, except as
otherwise provided in deep-class resolutions. In case an appointing authority recommends denial of
the within range increment on some particular anniversary date, but recommends a special salary
review at some date before the next anniversary the special salary review,shall not affect the regular
salary review on the next anniversary date. Nothing herein shall be construed to make the granting of
increments mandatory on the County. If 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 amount which is in the same ratio to the established monthly rate as
the number of days worked is to the actual working days in such employee's normal work schedule
for the particular month; but if the employment is intermittent, compensation shall be on an hourly
basis.
5.7 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 has been
reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new
classification. The salary of an incumbent of a position which is reclassified to a class which is
allocated to a range of the basic salary schedule greater than the range of the class of the position
before it was reclassified shall be governed by the provisions of Section 5.9,- Salary on Promotion.
5.8 Salary Reallocation & Salary on Reallocation.
DAIA -9 - 2005-2008 MOU
SECTION 5 - SALARIES
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 this 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 —
Transfer shall receive the salary in the new salary 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 salaryshall
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 appointment of a laid off employee from the layoff list to the class from which the
employee was laid off, the employee shall be appointed at the step which the employee had formerly
attained in the higher class unless such step results in a decrease, in which case the employee is
appointed to the next higher step. If however, the employee is being promoted into a-class allocated
to a higher salary range than the class from which the employee was laid off, the salary on promotion
will be calculated from the highest step the employee achieved prior to layoff.
DAIA _ 10- 2005-2008 MOU
SECTION 5 - SALARIES
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as provided
under Section 5.12 - Transfer, shall have his/her salary reduced to the monthly salary step in the
range for the class of position to which he has been demoted next lower than the salary received
before demotion. In the event this decrease is less than five percent (5%), ;the employee's salary shall
be adjusted to the step in the new range which is five percent (5%) less than the next lower step;
provided, however, that the next step shall not be less than the minimum salary for the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or displacement by another
employee with greater seniority rights, the salary of the demoted employee shall be that step on the
salary range which he/she would have achieved had he/she been continuously in the position to
which he/she has been demoted, all within-range increments having been granted.
5.11 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/she demotes,
his/her salary shall remain the same if the steps in his/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.
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 thirty-first (31 st) work day of'Ihe assignment, under the
following conditions:
1. 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.
2. 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.
3. Employee selected for the assignment will normally be expected to meet the minimum
qualifications for the higher classification.
4. Pay for work in a higher classification shall not be utilized as a substitute for regular
promotional procedures provided in this Memorandum.
5. The appropriate authorization form has been submitted by the Department Head and
approved by the County Administrator.
DAIA - 11 - 2005-2008 MOU
SECTION 6 -DAYS AND HOURS OF WORK
6. -Higher pay assignments shall not exceed six (6) months except through reauthorization.
7. 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.
8. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual
differential) accruing to the employee in his/her permanent position shall continue,
unless the employee is no longer performing the duties which warrant the differentials.
9. 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.
10. Allowable overtime pay, shift differentials and/or work location differentials will be paid
on the basis of the rate of pay for the higher class.
5.14 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 advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-
fifth (25th) day of each month, draw his/her warrant upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less (at the option of the employee) .of
the employee's basic salary of the previous month except that it shall not exceed the amount of the
previous month's basic salary less all requested or 'required deductions. `
The election to receive an advance shall be made on the prescribed form (form M-208, revised 5/81)
and submitted by the fifteenth (15th) of the month to the department payroll clerk who will forward the,
card with the "Salary Advance Transmittal/Deviation Report" to the Auditor-Controller payroll section.
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 the second installment, which is payable on the tenth (10th) day of the
following month.
SECTION 6 - DAYS AND HOURS OF WORK
6.1 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 (5) 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.
DAIA - 12 - 2005-2008 MOU
SECTION 7- OVERTIME AND COMPENSATORY TIME
6.2 Flexible Work Schedule Policy. The parties agree to reopen the work schedule
provisions of the Memorandum of Understanding 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 to the Memoranda of Understanding..
Any changes, except those necessitated by legal requirements, shall be subject to agreement by both
parties.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work performed in excess of forty (40) hours per
week or eight (8) hours per day. All overtime shall be compensated for at the rate of one and one-half
(1-1/2) times the employee's base rate of pay (not including shift and 'other special differentials).
Overtime for permanent employees is earned and credited by the actual authorized overtime worked.
7.2 Compensatory Time. The following provisions shall apply:
a. Employees may elect to accrue compensatory time off in lieu of overtime pay. Eligible
employees must notify the department head or his designee of their intention to accrue
compensatory time off or to receive overtime pay.
b. Employees who become eligible for compensatory time off. in accordance with these
guidelines must elect to accrue compensatory time or they will be paid for authorized
overtime hours worked.
C. Compensatory time off shall be accrued at the rate of one and one-half (1-1/2) times the
actual authorized overtime hours worked by the employee.
d. Employees may not accrue a compensatory time off balance that exceeds one hundred
twenty (120) hours. Once the maximum balance has been attained, authorized overtime
hours will be paid at the overtime rate. If the employee's balance falls below one
hundred twenty (120) hours, the employee may again accrue compensatory time off for
authorized overtime hours worked until the employee's balance again reaches one
hundred twenty (120) hours.
e. Accrued compensatory time off shall be carried over for use in the _next fiscal year;
however, as provided in d. above, accrued compensatory time off balances may not
exceed one hundred twenty (120) hours.
f. Employees may not use more than one hundred twenty (120) hours of compensatory
time off in any fiscal year period (July 1 - June 30).
g. The use of accrued compensatory time off shall be by mutual agreement between the
department head or his designee and the employee. Compensatory time off shall not be
taken when the employee would be replaced by another employee who would be .
eligible to receive, for time worked, either overtime payment or compensatory time
accruals as provided for in this Section. This provision may be waived at the discretion
of the department head or his or her designee.
DAIA - 13 - 2005-2008 MOU
SECTION 8 - PAGERS
h. , When an employee promotes, demotes or transfers from one classification eligible .for
compensatory time off to another classification eligible for compensatory time off within
the same department, the employee's accrued compensatory time off balance will be
carried forward with the employee.
i. Compensatory time accrual balances will be paid off when an employee moves from
one department to another through promotion, demotion or transfer: Said payoff will be
made in accordance with the provisions and salary of the class from which the
employee is promoting, demoting or transferring as set forth in j. below.
j. Since employees accrue compensatory time off.at the rate of one and one-half (1-1/2)
hours for each hour of authorized overtime worked, accrued compensatory time
balances will be paid off at the straight time rate (two-thirds 2/3 the overtime rate) for the
employee's current salary whenever:
1. the employee separates from County service;
2. the employee retires.
k. The Office of the County Auditor-Controller will establish timekeeping procedures to
administer this Section.
7.3 Court Appearance Overtime. The County agrees to provide a minimum of four (4)
hours overtime credit when in the line of duty employees in the classes of District Attorney Inspector
and District Attorney Senior Inspector are required to attend a duly constituted judicial proceeding on
his or her regularly scheduled day off.
SECTION 8 - PAGERS
Inspectors and. Senior Inspectors are required to retain a County-issued pager in his/her immediate
possession at all times, and keep it activated while, on duty or when not available at the phone
number provided to the Department for after hours contact. Inspectors and Senior Inspectors shall
respond by telephone as soon as possible after receiving the page.
SECTION 9 ON-CALL/CALL BACK.
.The Senior Inspector will be on-call for one (1) week intervals .beginning at 0800 hours on a
Wednesday and continuing until 0800 hours the following Wednesday. During the on-call interval, the
employee must be ready to immediately report for duty and must arrange so that a supervisor can
reach the employee within ten (10) minutes or less.
A County vehicle may be used and driven home during the on-call interval, and must be used in
compliance with the County Vehicle Use Policy.
Inspectors of all classes, whether or not on-call, may be called out to an incident after normal working
hours, and may be required to respond in their personal vehicle. If an employee uses their personal
vehicle they shall be reimbursed per Section 31 — Mileage, of this MOU.
DAIA - 14 - 2005-2008 MOU
SECTION 10 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
Any employee called out to an incident after normal work hours shall receive overtime or
compensatory time at the appropriate rate for actual hours worked plus one (1) hour. An employee
who is called back after normal working hours shall be paid a minimum of two(2)hours at the
appropriate rate for each call back.
Employees who are assigned in writing to on-call status will be compensated at the rate of $250 per
week.
SECTION 10 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT
10.1 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 department(s).
e. Review various alternatives which will help mitigate the impact of the layoff by working
through the Tactical Employment Team program (TET) to:
1. Maintain an employee skills inventory bank to be used as a basis.for referrals to
other employment opportunities.
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.
g. 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
DAIA _ 151 - 2005-2008 MOU
SECTION 10 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
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.
10.2 Separation Through Layoff
A. Grounds for Layoff. Any employee(s) having permanent status in position(s) in the merit
service may be laid off when the position is no longer necessary, or for reasons of
economy, lack of work, lack of funds or for such other reason(s) as the Board of
Supervisors deems sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based on inverse seniority
in the class of positions,.the employee in that department with least'seniority being laid
off first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off permanent full time employee may displace an
employee in the department having less seniority in the same class who
occupies 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 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 employee seniority rights for layoff purposes only and
may. in a later layoff displace a full time employee with less seniority as provided
in these rules.
E. Seniority. An employee's seniority within a class for layoff and displacement purposes
shall be determined by adding the employee's length of service in the particular class in
DAIA - 16 - 2005-2008 MOU
SECTION 10 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
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 purposes includes only the employee's last continuous permanent
County employment. Periods of separation may not be bridged to extend such service
unless the separation is a result of layoff in which case bridging will be authorized if the
employee is reemployed in a permanent position within the 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 dist 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 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
DAIA - 17- 2005-2008 MOU
SECTION 10 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
from 'which an eligible(s) was not laid off, the appointing authority shall receive and
appoint the eligible highest on the layoff list who shall be subject to a probationary
period. A person employed from a layoff list shall be appointed at the.same step of the
salary range the employee held on the day of layoff.
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:
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 be removed from
the layoff. list. Any subsequent appointment of such person from the layoff list
shall result in removal of that person's name.
K. Removal of Names from Reemployment and Layoff Certifications. The Director of
Human Resources may remove the name of any eligible from a reemployment or layoff
certification if the eligible fails to respond within five (5),days to a written notice of
certification mailed to the person's last known address.
' 10.3 Notice. The County agrees to give employees scheduled for layoff at least ten (10)
work days notice prior to their last day of employment.
10.4 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 fist will not affect the individual's status on a
layoff list(s).
DAIA - 18.- 2005-2008 MOU
SECTION - 11 HOLIDAYS
10.5 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 - 11 HOLIDAYS
11.1 Holidays Observed. The County will observe the following holidays:
January 1st, 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
Last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, 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.
Each full-time employee shall accrue two (2) hours of personal holiday credit per month. Such
personal holiday time may be taken in increments of one-'tenth (1/10) of an hour, and preference of
personal holidays shall be given to employees according to their seniority in their department as
reasonably as possible.
Permanent part-time employees shall receive personal holiday credit in the same ratio to the personal
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 regular full-time schedule.
Employees shall accrue their personal holiday credit during months they are in pay status provided
however that no employee may accrue more than forty (40) hours of personal holiday credit. On
separation from County service, an employee shall be paid for any unused personal holiday credits at
the employee's then current pay rate.
11.2 Application of Holiday Credit. The following provisions indicate how_ holiday credit is
to be applied:
DAIA _ 19- 2005-2008 MOU
SECTION 12 - VACATION LEAVE
a. Employees on the five-day forty (40) hour Monday through Friday work schedule shall
be entitled to a holiday whenever a holiday is observed pursuant to the schedule cited
above.
b. Employees on a work schedule other than Monday through Friday shall be entitled to
credit for any holiday, whether worked or not, observed by employees on the regular
schedule; conversely, such employees will not receive credit for any holiday not
observed by employees on the regular schedule even though they work the holiday.
C. Employees will.be paid one and one-half (1' Y2) times their basic salary rate for, holidays
actually worked.
The purpose of this plan is to equalize holidays between employees on regular work schedules and
those on other work schedules.
If a holiday falls-on the days off of an employee on a schedule other than Monday through Friday, the
employee shall be given credit for overtime or granted time off on the employee's next scheduled
work day. Employees who are not permitted to take holidays because of the nature of their work are
entitled to overtime pay as specified by this MOU.
If any holiday listed in Section 11.1 above falls on a Saturday, it shall be celebrated on the preceding
Friday. If any holiday listed in Section 11.1 falls on a Sunday, it shall-be celebrated on the following
Monday.
11.3 Permanent Part-Time Employees. Permanent part-time , employees shall receive
holiday credit in the same ratio to the holiday credit given full-time employees as the number of hours
per week in the part-time employee's schedule bears to the number of hours in the regular full-time
schedule, regardless of whether the holiday falls on the part-time employee's regular work day.
Permanent part-time and permanent-intermittent employees who work on a holiday shall receive
overtime pay or compensatory time credit for all hours worked, up to a maximum of eight (8) hours.
11.4 Holiday Re-Opener. 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
schedules provisions, except to ensure. that such provisions are consistently applied to the
Memoranda of Understanding. Any changes, except those necessitated by legal requirements, shall
be subject to agreement by both parties.
SECTION 12-- VACATION LEAVE
12.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with
pay. Accrual is based upon straight time hours of working time per calendar month of service and
begins on the date of appointment to a permanent position. Increased accruals begin on the first of
the month following the month in which the employee qualifies. Accrual for portions-of a month shall
be in minimum amounts of one (1) hour calculated on, the same basis as for partial month
compensation pursuant to Section 5.6 of this MOU. Vacation credits may not be taken during the first
six (6) months of employment (not necessarily synonymous with probationary status) except where
DAIA -20 - 2005-2008 MOU
SECTION 13 - SICK LEAVE
sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time
vacation is taken.
12.2 Vacation Accrual Rates. All employees in the bargaining unit are entitled to the
following vacation accruals:
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 thru 19 years 13-1/3 320
20 thru 24 years 16-2/3 400
25 thru 29 years 20 480
30 years and up 23-1/3 560
12.3 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.
12.4 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.
12.5 Accrual on Prorated Basis. 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.
12.6 Vacation Leave on Reemployment from a Layoff List. Employees with six (6)
months or more service in a permanent position prior to their layoff, who are employed from a layoff
list, shall be considered as having completed six (6) 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.
SECTION 13 - SICK LEAVE
13.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure employees
against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended
by the County and may be used only as authorized; it is not paid time off which employees may use
for personal activities.
13.2 Credits to and Charges Against Sick Leave. Sick leave credits accrue at the rate of
eight (8) working hours credit for each completed month of service. Employees who work a portion of
DATA -21 - 2005-2008 MOU
SECTION 13 - SICK LEAVE
a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis
as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one-tenth hour (6
minutes) increments.
Unused sick leave credits accumulate from year to year.
When an employee is separated other than through retirement, accumulated.sick leave credits shall
be canceled, unless the separation results from layoff, in which case the accumulated credits shall be
restored if re-employed in a permanent position within the period of lay off eligibility.
Upon retirement, an employee's accumulated sick leave is converted to retirement on the basis of
one (1) day of retirement service credit for each day of accumulated sick leave credit.
13.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary
purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from
work due to illness or injury. The following definitions apply:
Immediate Family means and includes only the spouse, son, stepson, daughter, stepdaughter, father,
stepfather, mother, stepmother, brother, sister, grandparent, grandchild, father-in-law, mother-in-law,
daughter-in-law, son-in-law, brother-in-law, sister-in-law, foster children, aunt, uncle, cousin,
stepbrother, stepsister, or domestic partner of an employee and/or includes any other person for
whom the employee is the legal guardian or conservator, or any person who. is claimed as a
"dependent" for IRS reporting purposes by the employee.
Employee means any person employed by Contra Costa County in an allocated position in the
County service.
Paid Sick Leave Credits means those sick leave credits provided for by County Salary Regulations
and memoranda of understanding.
Condition/Reason: With respect to necessary verbal contacts and confirmations which occur between.
the department and the employee when sick leave is requested or verified, a brief statement in non-
technical terms from the employee regarding inability to work due to injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an
employee in pay status, but only in the following instances:
a. Temporary Illness or lnjury of an Employee. Paid sick leave credits may be used when
the employee is off work because of a temporary illness or injury.
b. Permanent Disability Sick Leave. Permanent disability means the employee suffers
from a disabling physical injury or illness and is thereby prevented from engaging in any
County occupation for which the employee is qualified by reason of education, training
or experience. Sick leave may be used by permanently disabled employees until all
accruals of the employee have been exhausted or until the employee is retired by the
Retirement Board, subject to the following conditions:
DAIA -22- 2005-2008 MOU
SECTION 13 - SICK LEAVE
1. An application for retirement due to disability has been filed with the Retirement
Board.
2. Satisfactory" medical evidence of such disability is received by the appointing
authority within thirty (30): days of the start of use of sick leave for permanent
disability.
3. The appointing authority may review medical evidence and order further
examination as deemed necessary, and may terminate use of sick leave when
such further examination demonstrates that the employee is not disabled, or
when the appointing authority determines that the medical evidence submitted by
the employee is insufficient, or where the above conditions have not been met.
C. Communicable Disease. An employee may use paid sick leave credits when under a
physician's order to remain secluded due to exposure to a communicable disease.
d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or
contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery therefrom,
shall be allowed to utilize sick leave credit to the maximum accrued by such employee
during the period of such'disability under the conditions set forth below:
1. Application for such leave must be made by the employee to the appointing
authority accompanied by a written statement of disability from the employee's
attending physician. The statement must address itself to the employee's general
physical condition having considered the nature of the work performed by the
employee, and it must indicate the date of the commencement of the disability as
well as the date the physician anticipates the disability;to terminate.
2. If an employee does not apply for leave and the appointing authority believes that
the employee is not able to properly perform her= or that her general health .
is impaired due to disability caused or contributed to by pregnancy, miscarriage,
abortion, childbirth or recovery therefrom the employee shall be required to
undergo a physical examination by a physician selected by the County. Should
the medical report so recommend, a mandatory leave.shall be imposed upon the
employee for the duration of the disability.
3. Sick leave may not be utilized after the employee has been released from the
hospital unless the employee has provided the County with a written statement
from her attending physician stating that her disability continues and the
projected dates of the employee's recovery from such disability.
e. Medical & Dental Appointments. An employee may use paid sick leave credits:
1. For working time used in keeping medical and dental appointments for the
employee's own care; and
2. For working time used by an employee for prescheduled medical and dental
appointments for an immediate family member.
DAIA -23 - 2005-2008 MOU
SECTION 13 - SICK LEAVE
f. Emergency Care of Family. An employee may use paid sick leave credits for working
time used in cases of illness or injury to an immediate family member.
g. Death of Family Member. An employee may use paid sink leave credits for working time
used because of a death in the employee's immediate family, but this shall not exceed
three (3) working days, plus up to two (2) days of work time for necessary travel.
h. Accumulated paid sick leave credits may not be used in the following situations:
1. Self-inflicted Injury. For time .off from work for an employee's illness or injury
caused by his or her willful misconduct.
2. Vacation..Paid sick leave credits may not be used for an employee's illness or
injury which occurs while he is on vacation but the County Administrator may
authorize it when extenuating 'circumstances exist and the appointing authority
approves.
3. Not in Pay Status. Paid sick leave credits may not be used when the employee
would otherwise be eligible to use paid sick leave credits but is not in pay status.
13.4 . Administration of Sick* Leave. The proper administration of sick leave is a
responsibility of the employee and the department head. The following procedures apply:
a. Employees are responsible for notifying the Investigative Unit of an absence as early as
possible prior to the commencement of their work 'shift and, in accordance with
operational requirements. Notification shall include the reason and possible duration of
the absence.
b. Employees are responsible for keeping their department informed of their continuing
condition and probable date of return to work.
C. 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 hedeems necessary including medical
verification of illness.
13.5 Disability.
A. An employee physically or mentally,incapacitated for the performance of duty is subject
to dismissal, suspension or demotion, subject to the County Employees Retirement Law
of 1937. An appointing authority after giving notice may place an employee on leave if
the appointing authority has filed an application for disability retirement for the
employee, or whom the appointing authority believes to be temporarily or permanently
physically or mentally incapacitated for the performance of the employee's duties.
DAIA -24 - . 2005-2008 MOU
SECTION 13 - SICK LEAVE
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.
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 Human Resources i,Director may order lost pay
restored for good cause and subject to the employee's duty to mitigate damages.
D. Before an employee returns to work from any absence for illness or injury, other leave
of absence or disability leave, exceeding two weeks in duration, the appointing authority
may order the employee to undergo at County expense a physical, medical, and/or
psychiatric examination by a licensed physician or psychoiogist, 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 certain 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.
DATA -25 - 2005-2008 MOU
_xg
SECTION 13 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 the employee.
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 decision based only on evidence submitted by the
County and the employee.
DAIA -26- 2005-2008 MOU
SECTION 13 - SICK LEAVE
C. The arbitrator may order back pay or paid sick leave credits for any period of
leave of absence 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 expenses shall be paid one-half by the County and one-
half by the employee or employee's association.
13.6 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.
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 per day (in hrs.)
W= Statutory workers' compensation for a month
S = .. Monthly salary
DAIA -27- 2005-2008 MOU
SECTION 14 - LEAVE OF ABSENCE
G. Medical Examinations. Whenever possible, medical exams or follow-up medical
appointments,for job-related illness or injury scheduled during work hours will be at the
beginning or end of the employee's shift so as to minimize time lost from work.
13.7 Integration of SDI. On May 26, 1981 the Board of Supervisors established a labor-
management committee to administer a rehabilitation program for disabled County employees. It is
understood that the benefits specified above in this Section 13 shall becoordinated with any disabled
employee's rehabilitation program.
13.8 Accrual During Leave Without Pay. No employee who has been granted a leave
without pay or an unpaid.military leave shall accrue any, sick leave credits during the time of such
leave nor shall an employee who is absent without pay accrue sick leave credits during the absence.
SECTION 14 - LEAVE OF ABSENCE
14.1 Leave Without Pay. 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.
14.2 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;
3. family care;
4. to take a course of study such as will increase the employee's usefulness on
return to the position;
5. for other reasons or circumstances acceptable to the appointing authority.
B. An employee should request a leave of absence at least thirty (30) days before the
leave is to begin if the need for the leave is foreseeable. If the need is not foreseeable,
the employee must provide written notice to the employer within five (5) days of learning
of the event by which the need for 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 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.
DAIA -28- 2005-2008 MOU
SECTION 14 LEAVE OF ABSENCE
14.3 Family Care or Medical Leave (FMLA).
A. Definitions. For medical and family care leaves of absence under Section 14, the
following definitions apply:
1. Child: A biological, adopted, or foster child, stepchild,';legal ward, conservatee, or
a child who is under eighteen (18) years of age for whom an employee stands in
loco parentis or for whom the employee is the gua,tdian 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.
3. Souse: A partner in marriage as defined in California Civil Code Section 4100.
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 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 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 healthicondition 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
DAIA -29- 2005-2008 MOU
SECTION 14 - LEAVE OF ABSENCE
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.
8. Comparable Positions: A position with the same or similar duties and pay which
can be performed at the same or similar geographic location as the position held
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 14.2 notwithstanding, upon request to the appointing authority; during a "rolling"
twelve (12) month period measured backward from the date an employee uses his/her
FMLA leave, any employee who has permanent status shall be entitled to, and shall be
granted, at least twelve (12) weeks leave (less if so requested by the employee) for:.
1. medical leave of absence for the employee's own serious health condition which
makes the employee unable,to perform the functions of the employee's position;
or
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 period(s) of family care or medical leave may
be granted by the appointing authority.
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 14.6.13 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.
DAIA -30 - 2005-2008 MOU
SECTION 14 LEAVE OF ABSENCE
D. Aggregate 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 limited to an aggregate for both employees together of twelve
(12) weeks during a "rolling" twelve (12) month period measured backward from the .
date the employee uses his/her FMLA leave. Employees requesting-family care leave
are required to advise their appointing authority(ies) when their spouse is also employed
by the County.
14.4 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under
Section-13.2.D - Sick Leave Utilization for Pregnancy Disability, that time will not be considered apart
of the twelve (12) week family care leave period.
14.5 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 e,'mployment in pay status as
described in Section 14.6. 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 14.3 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 14.6. 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.
14.6 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 available sick leave (if so entitled under Section 13 - Sick
Leave), vacation, floating holiday, compensatory time off or other accruals or
entitlements; in other words, during the first twelve (12) months, a leave of absence
without pay may be "broken" into segments and accruals used on a monthly basis at the
employee's discretion. After the first twelve (12) months, the leave period may not be
"broken" into segments and accruals may not be used,'.. except when required by
SDI/Sick Leave Integration.
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 13 - Sick Leave), vacation floating holiday, compensatory time off
or other accruals or entitlements if such are available, 'although use of additional
accruals is permitted under subsection A. above.
DAIA -31 - 2005-2008 MOU
SECTION 14 LEAVE OF ABSENCE
C. Sick leave accruals may not be used during any leave of absence, except as allowed
under Section 13 - Sick Leave.
14.7 Military Leave. Any employee who is required to serve as a member of the State Militia
or the United States Army, Navy, Air Force; Marine Corps, Coast Guard or any division thereof shall
be granted a military leave for the period of such service, plus ninety (90) days. An employee who
volunteers for such service shall be granted a leave of absence if necessary in accordance with
applicable state or federal laws. Upon the termination of such service or upon honorable discharge,
the employee shall be entitled to return to his/her position in the classified service provided such still
exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such absence, suffer any
loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor
shall the employee be prejudiced thereby with reference to salary adjustments or continuation of
employment. For purposes of determining eligibility for salary adjustments"or seniority in case of
layoff or promotional examination, time on military leave shall be considered as time in County
service.
Any employee who.has been granted a military leave, may upon return, be required to furnish such
evidence of performance of military service or of honorable discharge as the Director of Human
Resources may deem necessary.
14.8 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 10 (Seniority, Workforce Reduction, Layoff, &
Reassignment Seniority) 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
DAIA -32 - 2005-2008 MOU
SECTION 15 - JURY DUTY AND WITNESS DUTY
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.
14.9 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.
14.10 Salary Review While on Leave of Absence. The salary of an employee who is on
leave of absence from a County position on any anniversary date and who has not been absent from
the position on leave without pay more than six (6) months during the preceding year shall receive
salary increments that may accrue to them during the period of military leave.
14.11 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.
14.12 Furlough Days Without Pay. Subject to the prior written approval of the appointing
authority, employees may elect to take furlough days or hours without pay (pre-authorized absence
without pay), up to a maximum of 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 Sections 12.1, 13.2, 13.8 and 14.1 of this MOU regarding the computation
of vacation, sick leave, floating holiday and other accrual credits as regards furlough time only. For
payroll purposes, furlough time (absence without pay with prior authorization of the appointing
authority) shall be reported separately from other absences without pay to"the Auditor-Controller.
SECTION 15 - JURY DUTY AND WITNESS DUTY
15.1 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 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.
DATA -33 - 2005-2008 MOU
SECTION 16 - HEALTH, LIFE AND DENTAL CARE .
When an .employee is summoned for jury duty selection or is selected as a juror in a 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 mileage are
waived or surrendered. The employee shall furnish the certificate to his department
where it will be retained as a department record. No "Absence/Overtime Record" is
required.
b. An employee who elects to retain all fees must take leave (vacation, floating holiday,
etc.) or leave without pay. No court certificate is required but an "Absence/Overtime
Record" must be submitted to the department payroll clerk.
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.
15.2 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 15.1 of this MOU.
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 16 - HEALTH, LIFE AND DENTAL CARE
DAIA -34 - 2005-2008 MOU
SECTION 16 - HEALTH, LIFE AND DENTAL CARE
16.1 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 DAIA. The CaIPERS program, as regulated by.the Public Employees' Medical and
Hospital Care Act (PEM.HCA), will control on all issues, including but not, limited to eligibility, benefit
levels and premium costs.
DAIA 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.
DAIA acknowledges that notwithstanding this MOU and during the time that it is in effect, CaIPERS
may.terminate or change covered expenses, 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.
16.2 Contra Costa Health Plan (CCHP). Because CCHP has met the minimum standards
required under PEMHCA and is approved as an alternative CaIPERS plan option, DAIA members
and COBRA counterparts may elect to enroll in CCHP under the CaIPERS, plan rules and regulations.
16.3 Health Plan Contribution. The County's contribution to the CaIPERS 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. Effective January 1, 2005:
The following represents the County's maximum monthly contribution for CaIPERS
health plan premiums:
Employee only: $308.58
Employee + one: $617.16
Employee + two or more: $802.31
In the event, in whole or in part, that the above amounts are greater than one hundred
percent (100%) of the applicable premium of any plan, the County's contribution will not
exceed one hundred percent (100%) of the applicable plan premium.
B. County's Contribution. Effective January 1, 2005, subvention rates for the purposes of
open enrollment in all PERS medical plans will be the dollar equivalent.of eighty-seven
percent (87%) of the PERS Kaiser premium at each level (employee only, employee +
one, employee + two or more).
In the event, in whole or in part, that the above amounts are greater than one hundred
percent (100%) of the applicable premium of any plan, the County's contribution will not
exceed one hundred percent (100%).of the applicable plan premium.
DAIA -35- 2005-2008-MOU
SECTION 16 - HEALTH, LIFE AND DENTAL CARE
16.4 Dental Program. The County will continue to offer the existing County group Dental
Plans (Delta and PMI Delta Care) to all permanent employees in classes represented by the DATA.
16.5 Dental Contribution. The County's contribution to the monthly dental plan premiums
shall be as provided below. These contributions are provided only for permanent full-time and
permanent part-time employees regularly scheduled to work at least twenty (20) hours per week.
Permanent-intermittent, provisional and permanent part-time employees working less than twenty
(20) hours per week may enroll in a dental plan but are not entitled to the County's contribution. Any
increases in dental plan costs greater than the County's contributions identified below during the
duration of this shall be borne by the employee:
a. Delta and PMI Delta Care: The County will contribute seventy-seven percent (77%).
toward the monthly dental premium.
b. Dental Only: Employees who elect dental coverage as stated above without health
coverage will pay one cent ($.01) per month for such coverage.
16.6. Orthodontic Coverage. During the term of this MOU, employees represented by DATA 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 DAIA 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 DAIA'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%.
16.7 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.
16.8 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 DAIA who are
enrolled in either a health and/or dental plan.
16.9 Life Insurance'.Contributions. 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.
16.10 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
DAIA -36 - 2005-2008 MOU
SECTION 16 - HEALTH, LIFE AND DENTAL CARE
of the premium cost. The 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 16.6 and 16.9) 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.
16.11 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 convert 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 terminatej; County employment may
continue Group Health/Dental plan coverage to the extent provided under the COBRA regulations.
I
16.12 Retirement Coverage. Upon retirement, employees 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.
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.
16.13 Dual Coverage.
A. CalPERS Health Plan. Employees must adhere to the rules as established by
CaIPERS.
B. Dental Plans.
DAIA -37- 2005-2008 MOU
SECTION 16 - HEALTH, LIFE AND DENTAL CARE
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 (30)
days of the date coverage is no longer afforded under the 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 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
coverage is provided by the spouse's employer.
16.14 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 three
thousand dollars ($3,000) per year, for health care expenses not ,reimbursed by any other health
benefits plan with before-tax dollars. HCSA dollars can be expended on any eligible medical
expenses allowed by Internal Revenue Code Section 125. Effective January 1, 2007, this amount
shall be increased to $4500 per year. Effective January 1, 2008, this amount shall be increased to
$5000 per year. 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.
16.15 Wellness Incentive Program.,A broad-based pilot Wellness Incentive Program will be
developed with input from the joint Labor/Management Wellness Committee. The purpose of this
program will be to reward County employees with incentives for participating in Wellness Program
activities and encourage them to live healthier lifestyles. The Wellness Committee will work closely
with the Human Resources Department on program design and implementation.
A. Program Design. The Wellness Incentive Program design will include the development
of additional wellness activities to compliment the current Employee Wellness Program
schedule and 'collaboration with health plan carriers to develop special programs and
activities for County employees and to encourage participating in their established
wellness activities. Special emphasis will be placed on supporting major programs such
as Smoking Cessation, Nutrition/Weight Loss, Brown Bag Seminars, Health Screenings,
and Health Fairs.
B. Format. A point value system for program participation will be developed wherein each
wellness activity and program will be assigned a point value. Points will accumulate and
incentive prizes will be awarded to employees upon realizing certain point levels. The
value of the prizes will increase with ihigher point values and one (1) grand prize will be
awarded each year to the employee with the highest number of points.
DAIA - 38 - 2005-2008 MOU
SECTION 17 - PROBATIONARY PERIOD
C. Incentives. A series of incentive prizes .will be assigned to certain point values. In
addition, recognition for employee and department participation will be an important
aspect of the Wellness Incentive Program.
D. Referral. The parties agree to refer the Wellness Incentive Program to the Wellness
Committee for its consideration.
16.16 PERS Long Term Care. The County proposes to deduct and remit monthly premium
and eligible lists to the PERS Long Term Care Administrator, at no County administrative cost, for
County employees who are eligible and voluntarily elect to purchase long term care through the
PERS Long Term Care Program.
The County further agrees that County employees interested in purchasing PERS Long Term Care
may participate in meetings scheduled by PERS Long Term Care on County facilities during non-
work hours (i.e. coffee breaks, lunch hour).
16.17 Video Display Terminal (VDT) Users Eye Examination
The County agrees to extend any vision care coverage to the District Attorney Investigators'
Association if the Health Care Oversight Committee, a sub-committee of the County and the Labor
Coalition, reports its findings to the County and the Labor Coalition and vision care coverage is.
offered to the.Coalition.
SECTION 17 - PROBATIONARY PERIOD
17.1 Duration. All appointments from officially promulgated employment lists for original
entrance or promotion shall be subject to a probationary period. This period shall be from six (6)
months to two (2) years duration.
17.2 Probation Periods Over Six Months. Listed below are those classes represented by
the Association which have probation periods in excess of six (6) months:
D.A. Inspector - One (1) year
D.A. Sr. Inspector - - One (1) year
17.3 Revised Probationary Period. When the probationary period for a class is changed,
only new appointees to positions in the classification shall be subject to the revised probationary
period.
17.4 Lenqth of Probationary Period. 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,
DAIA -39- 2005-2008 MOU
SECTION 17- PROBATIONARY PERIOD
credit toward probation completion in the full-time position shall be prorated on the basis of one
hundred seventy-three (173) hours per month.
17.5 Reiection During Probation. An employee who is rejected during the probation period
and restored to the eligible list shall begin a new probationary period if subsequently certified and
appointed.
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 or religious affiliations or opinions, union
activities, or race, color, national origin, sex, age,.disability or sexual orientation.
B. The appeal must be written, must be signed by the employee and set forth the grounds
and facts by which it is claimed that grounds for appeal exist under subsection (A) and
must be filed through the Director of 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. b
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 prohibited in subsection (A), it may refer .
the matter to a Hearing Officer for hearing, recommended .findings of fact, conclusions
of law and decision, pursuant to the relevant provisions of the Merit Board rules in which
proceedings the rejected probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after
hearing, the Merit Board upholds the appeal, it shall direct that the appellant be
reinstated in the position and the:appellant shall begin a new probationary period unless
the Merit-Board specifically reinstates the former period.
17.6 Regular Appointment. The regular appointment of a probationary employee shall
begin on the .day following the end of the probationary period, subject to the condition that the
Director of Human Resources receive from .the appointing authority a statement in writing that the
services of the employee during the probationary period were satisfactory and that the employee is
recommended for permanent appointment. A probationary employee may be rejected at any time
during the probation period without regard to the Skelly provisions of this MOU, without notice and
without right of appeal or hearing. If the appointing authority has not returned the probation report, or
the appointing authority fails to submit in a timely manner the proper written documents certifying that
a probationary employee has served in a satisfactory manner and later:acknowledges it was his or
her intention to do so, the regular appointment shall begin on the day following the end of the
probationary period.
Notwithstanding any other provisions of the MOU, an employee rejected during the probation period
from a position in the Merit System to which the employee had been promoted or-transferred from an
eligible list, shall be restored to a position in the department from which the employee was promoted
or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months after.being,promoted
or transferred from.a position in the Merit System to a position not included in the Merit System shall
DAIA -40- 2005-2008 MOU
SECTION 18 - PROMOTION
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 Human Resources
Director 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.
17.7 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 probation period if the position is in the
department from which.the employee separated, displaced or voluntarily demoted in lieu of layoff.
17.8 Resection During Probation of Laid Off Employee. An employee who has achieved
permanent status in the class before layoff and who subsequently is appointed from the layoff list
shall begin a new probation period if subsequently certified and appointed.!in a different department or
classification than that from which the employee was laid off. If the employee is rejected during the
probation period, the employee shall be automatically restored to the layoff list, unless discharged for
cause, if the rejection occurs within the employee's period of layoff eligibility.
SECTION 18 - PROMOTION
18.1 Competitive Exam. Promotion shall be" by competitive examination unless otherwise
provided in this MOU.
18.2 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.
18.3 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.
18.4 Promotion Via Reclassification Without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one; classification to a higher
classification and his position reclassified at the request of the appointing authority and under the
following conditions:
DAIA -41 - 2005-2008 MOU
SECTION 19 - TRANSFER
a. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher level of work.
b. The incumbent of the position must have performed at the higher level for one (1) year.
C. The incumbent must meet the minimum education and experience requirements for the
higher class.
d. The action must have approval of the Human Resources Director.
e. The Association approves such action.
The appropriate rules regarding probationary status and salary on promotion are applicable.
18.5 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 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.
18.6 Seniority Credits. Employees who have qualified to take promotional examinations and
who have earned a total score, not including seniority credits, of seventy percent (70%) or more, shall
receive, in addition to all other credits, five one-hundredths of one percent (.05%) for each completed
month of service as a permanent County employee continuously preceding the final date for filing
application for said examination. For purposes of seniority credits, leaves of absence shall be
considered as service. Seniority credits shall be included in the final percentage score from which the
rank on the promotional list is determined. No employee, however, shall ,receive more than a total of
five percent (5%) credit for seniority in any promotional examination.
18.7 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 19 -TRANSFER
19.1 Conditions. The following conditions are required in order to qualify for transfer:
a. The position shall be in the same class, or if in a different class shall have been
determined by the Director of Human Resources to be appropriate for transfer on the
basis of minimum qualifications and qualifying procedure;
ki. the employee shall have permanent. status in the merit system and shall be in good
standing;
C. the appointing authority or authorities involved in the transaction shall have indicated
their agreement in writing;
C. the employee concerned shall have indicated agreement to the change in writing.
DAIA -42- 2005-2008 MOU
SECTION 20 - RESIGNATIONS
d. the Director of Human Resources shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished through the regular appointment
procedure provided that the individual desiring transfer has eligibility on a list for a class for which
appointment is being considered.
19.2 Procedure. Any employee or appointing authority who desires to initiate a transfer may
inform the Director of Human Resources in writing of such desire stating the reasons therefore. The
Director of Human Resources shall, if he considers that the reasons 'are adequate and that the
transfer will be for the good of the County service and the parties involved, inform the appointing
authority or authorities concerned and the employee of the proposal an,d may take the initiative in
accomplishing the transfer.
SECTION 20 - RESIGNATIONS
An employee's voluntary termination of service -is a resignation. Written resignations shall be
forwarded to the Human Resources Department by the appointing authority immediately on receipt,
and shall indicate the effective date of termination. Oral resignation shall be immediately confirmed by
the appointing authority in writing to the employee and to the Human Resources Department and
shall indicate the effective date of termination.
r
20.1 Resignation in Good Standing. A resignation giving the appointing authority written
notice at least two (2) weeks in advance of the last date of service (unless the appointing authority
requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a
resignation in good standing.
20.2 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.
20.3 Effective Resignation., A resignation is effective when delivered or spoken to the
appointing authority, operative either on that date or another date specified.
20.4 Revocation. A resignation that is effective is revocable only by written concurrence of
'the employee and the appointing authority.
20.5 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.
DAIA -43 - 2005-2008 MOU
SECTION 21 - DISMISSAL, SUSPENSION, DEMOTION, TEMPORARY REDUCTION
IN PAY& REDUCTION WITHIN CLASS
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 should be handled as an appeal to the Merit Board. In the alternative, the
employee may file a written election with the Director of Human Resources waiving the
employee's right of appeal to the Merit Board in favor of the employee's appeal rights
under the grievance procedure contained in Section 22 -- Grievance Procedure of the
MOU beginning with Step C.
D. Disposition. If a final decision is rendered that determines that the resignation was
coerced, the resignation shall be deemed revoked and the employee returned to duty
effective on the day following the decision but without loss of seniority or pay, subject to
- the employee's duty to mitigate damages.
SECTION 21 --DISMISSAL, SUSPENSION, DEMOTION, TEMPORARY REDUCTION IN PAY &
REDUCTION WITHIN CLASS
21.1 Cause for Action. The appointing authority may dismiss, suspend, demote, temporarily
reduce the pay of, or reduce within class any employee for cause. The reduction in pay may not
exceed five. percent (5%) for a three (3) month period. 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 the Office of the District Attorney 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),
DAIA -44 - 200572008 MOU
SECTION 21 - DISMISSAL, SUSPENSION, DEMOTION, TEMPORARY REDUCTION
IN PAY& REDU,CTION WITHIN CLASS
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,
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.
21.2 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, temporarily reduce the pay of, 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.
21.3 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 betaken. Upon request of the employee and for good
DAIA -45 - 2005-2008 MOU.
SECTION 22 - GRIEVANCE PROCEDURE
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.
21.4 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.
21.5 Suspensions Without Pay. Suspensions without pay shall not exceed thirty (30) days
unless ordered by an arbitrator, an adjustment board or the Merit Board. The thirty (30) day limit does
not apply'to suspension due to pending criminal charges as provided in 21.6 below.
21.6 Procedure on Dismissal, Suspension, Reduction Within Class, Temporary
Reduction in Pay, or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, reduce within class, temporarily reduce
the pay of, or demote an employee having permanent status in a position in the merit
system after having complied with the Skelly requirements where applicable, the
appointing authority shall make an order in writing stating specifically the causes for the
action.
B. Service of Order. Said order of dismissal, suspension, reduction within class, temporary
reduction of pay, or demotion shall be filed with the Director of Human Resources,
showing by whom and the date a copy was served upon the employee to be dismissed,
suspended, reduced within class or demoted, either personally or by certified mail to the
employee's last known mailing address. The order shall be effective either upon
personal service or deposit in the U.S. Postal Service.
C. Employee Appeals from Order. The employee may appeal an order of dismissal,
suspension, demotion, temporary reduction of pay, or reduction within class either to the
Merit.Board or through the procedures of Section 22 - Grievance Procedure of this MOU
provided that such appeal is filed in writing with the Human Resources Director within
ten (10) calendar days after service of said order. An employee may not both appeal to
the Merit Board and file a grievance under Section 22 of this MOU.
SECTION 22 - GRIEVANCE PROCEDURE
22.1 Definition. A grievance is any dispute which involves the interpretation or application of
any provision of this MOU excluding, however, those provisions) of this MOU which specifically
provide that the decision of any County official shall be final, the interpretation or application of those
provisions not being subject to the grievance procedure. The Association may represent the
employee at any stage of the process. Grievances must be filed within thirty (30) days of the incident
or occurrence about which the employee claims to have a grievance and shall be processed in the
following manner:
Step 1. Any employee or group of employees who believes that a provision of this MOU has been
misinterpreted or misapplied to his or her detriment shall discuss the complaint with the employee's
immediate supervisor, who shall meet with the employee within five (5) days of receipt of a written
request to hold such meeting.
DATA -46 - 2005-2008 MOU
SECTION 22 - GRIEVANCE PROCEDURE
Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the employee may submit the
grievance in writing within ten (10) work days to such management official as the department head
may designate. This formal written grievance shall state which provision of the MOU has. been
misinterpreted or misapplied, how misapplication or misinterpretation has affected him or her to his or
her detriment, and the redress he or she seeks. A copy of each written communication on a
grievance shall be filed with the Director'of Human Resources. The department head or his or her
designee shall have ten (10) work days in which to respond to the grievance in writing.
Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the employee may appeal in
writing within seven (7) work days to the Human Resources Director. The Human Resources Director
or designee shall have twenty (20) work days in which to investigate the merit of the complaint and to
meet with the department head and the employee and attempt to settle the grievance and respond in
writing.
Step 4.. No grievance may be processed under this Step 4 which has not first been filed and
investigated in accordance with Step 3 above and filed within seven (7) work days of the written
response of the Human Resources Director or his/her designee. If the parties are unable to reach a'
mutually satisfactory accord on any grievance which arises and is presented during the term, of this
MOU, such grievance shall be submitted in writing within seven (7) work days to an Adjustment Board
comprised of three (3) Association representatives, no more than two (2),,of whom shall be either an
employee of. the County or an elected or appointed official of the Association presenting this
grievance, and three (3) representatives of the County, no more than two.(2) of whom shall be either
an employee of the County or a member of the staff or an organization.,employed to represent the
County in the meeting and conferring process. The Adjustment Board shall meet and render a
decision within twenty (20) work days of receipt of the written request.
Step 5. If an Adjustment Board is unable to arrive at a majority decision, either the employee (or the
County, when alleging a violation of Section 22.5) may require that the grievance be referred to an
impartial arbitrator who shall be designated by mutual agreement between the employee and the
Human Resources Director. Such request shall be submitted within twenty (20) work days of the
rendering of the Adjustment Board decision. Within twenty (20) days of the request for arbitration the
parties shall mutually select an arbitrator. The fees and expenses of the;arbitrator and of the Court
Reporter shall be shared equally by the employee and the County. Each party, however, shall bear
the costs of its own presentation, including preparation and post hearing briefs, if any.
22.2 Time Limits. The time limits specified above may be waived by mutual agreement of
the parties to the grievance. If the County fails to meet the time limits specified in steps 1 through 3
above, the grievance will automatically move to the next step. If an employee fails to meet the time
limits specified in steps 1 through 4 above, the grievance will be deemed to have been settled and
withdrawn.
22.3 Notice. An official, with whom a formal grievance is filed by a grievant who is included
in a unit represented by the Association, but is not represented by the Association in the grievance,
shall give the Association a copy of the formal presentation.
22.4 Compensation Complaints. All complaints involving or concerning the payment of
compensation shall be initially filed in writing with the Human Resources Director. Only complaints
which allege that employees are not being compensated in accordance with the provisions of this
DAIA -47- 2005-2008 MOU
SECTION 23 - RETIREMENT CONTRIBUTION
MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the.
meeting and conferring process, if not detailed in the MOU which results from such meeting and
conferring process shall be deemed withdrawn until the meeting and conferring process is next
opened for such discussion. No adjustment shall be retroactive for more than two (2) years from the
date upon which the complaint was filed.
No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment
Board proceedings hereunder) will be recognized unless agreed to by the County and the
Association.
22.5 Strike/Work Stoppage. During the term of this MOU, the Association, its members and
representatives, agree that it and they will not engage in, authorize, sanction, .or support any strike,
slowdown, stoppage of work, sickout, or 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 his or her duties is of an emergency nature and/or failure
to perform such duties might cause or aggravate.a danger to public health or safety.
22.6 Merit Board.
A. All grievances of employees in representation units represented by the Association shall
be processed under Section 22 unless the employee elects to apply to the Merit Board
on matters within its jurisdiction:
B. No action under Step 3 and Step 4 of Subsection 22.1 above shall be taken if action on
the complaint or grievance has been taken by. the Merit Board, or if the complaint or
grievance is pending before the Merit Board.
22.7 _Filing by Association. The Association may file a grievance at Step 3 on behalf of
affected employees when action by the County Administrator or the Board of Supervisors violates a
provision of this MOU.
SECTION 23 - RETIREMENT CONTRIBUTION -
Pursuant to Government Code Section 31581.1, the County will continue to pay fifty percent (50%) of
the retirement contributions normally required of employees. Such payments shall continue for the
duration of this MOU, and shall terminate thereafter. Employees-shall be responsible for payment of
the employees' contribution for the retirement cost of living program as determined by the Board of
Retirement of the Contra Costa County Employees' Retirement Association without the County
paying any part of the employees' share. The County will pay the remaining one-half (2) of the
retirement cost-of-living program contribution.
23.1 Retirement Tier. For employees who are covered by this agreement and are safety members
of CCCERA, the retirement formula shall be "3 percent at 50." The cost of living adjustment (COLA)
to the retirement 'allowance shall not exceed three percent (3%) per year. The employee's final
DAIA -48 - 2005-2008 MOU
SECTION 24 - SAFETY
compensation shall be calculated based on a twelve (12) month salary average. Through the term of
this agreement, each such employee shall pay nine (9) percent of his or,her retirement base to pay
part of the employer's contribution for the cost of this retirement benefit., "Retirement base" means
base salary and other payments, such as salary differential and flatrate pay allowances, used to
compute retirement benefits.
23.2 Thirty (30) Year Emplovees. Effective February 1, 2007, an Association 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 the safety retirement
benefit.
23.3 Re-opener — Election of. Safety Retirement Tiers by Current Employees. Upon receipt by
the County of a Private Letter Ruling. from the IRS that protects the County and safety employees
hired by the County from additional tax liability if said employees have the opportunity to elect new
safety retirement tiers through the implementation of Government Code, section 31484.9 (SB 524,
Statutes of 2006),.the County and the Association agree to reopen the agreement to meet and confer
no later than March 31, 2008 on 1) the possibility of seeking legislation to amend section 31484.9 to
apply to members of the Association; 2) the possible implementation of new retirement tiers for safety
employees, if necessary legislation is enacted;.and 3) the percentage a safety employee would pay of
his or her retirement base to pay part of the employer's contribution for the cost of each tier. Any
changes in these subject matter areas will occur only upon the written mutual agreement of the
parties.
SECTION 24 - 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 25 - MILEAGE
The 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.
SECTION 26 - 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 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
DAIA -49- 2005-2008 MOU
SECTION 27- PROVISIONAL APPOINTMENT
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.
SECTION 27 - 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 Human
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 names 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 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 and
not subject to the grievance procedure.
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 28 - PERSONNEL FILES
An employee shall have the right to inspect and review any official record(s) relating to his or her
performance as an 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.
DAIA - 50-- 2005-2008 MOU
SECTION 29 - SERVICE AWARDS
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. Letters of reprimand are subject to the grievance
procedure but shall not be processed past Step 3 unless said letters are used in a subsequent
discharge, suspension, reduction within class or demotion of the employee. Copies of letters of
commendation which are to be placed in the employee's personnel file will be given to the employee.
Employees have the right to review their official personnel files which are maintained in the Human
Resources Department 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.
SECTION 29 - 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.
SECTION 30 - REIMBURSEMENT FOR MEAL EXPENSES
Employees shall be 'reimbursed for meal expenses under the following circumstances and in the
amount specified:
a. When the employee is required to be out of his/her regular or normal work area during a
meal hour because of a particular work assignment and with prior approval of the
department head or his designee.
b. When the employee is. required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission.
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.
d. When the employee is required to work three (3) or more hours of overtime; in this case
he or she may be reimbursed in accordance with the Administrative Bulletin on Expense
Reimbursement.
DAIA - 51 - 2005-2008 MOU
SECTION 39 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
Meal costs will be reimbursed only when eaten away from.home or away from the facility in the case
of employees at 24-hour institutions.
Procedures and definitions relative to reimbursement for meal expenses shall be in accordance with
the Administrative Bulletin on Expense Reimbursement.
SECTION 31 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY
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 compensable.
C. Employee tools or equipment provided without the express approval of the department
head and automobiles are excluded from reimbursement.
d. . The loss or damage must have occurred in the line of duty.
e. The loss or damage was not 'a result of negligence or lack of proper care by the
employee.
f. ' The personal property was necessarily worn or carried by the employee in order to
adequately fulfill the duties and requirements of the job.
g. The loss or damage to 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 costa
I. The burden of proof of loss rests with the employee.
j. Claims for reimbursement must be processed in accordance with the. Administrative
Bulletin on Compensation for Loss or Damage to Personal Property.,
SECTION 32 -UNFAIR LABOR PRACTICE
Either.the County or the Association may file an unfair labor practice as.defined in Chapter 34-22 of
the Board of Supervisors Resolution 81/1165 against the other. Allegations of an unfair labor practice,
if not resolved in discussions between the parties, may be heard by a mutually agreed upon impartial
third party.
SECTION 33 - LENGTH OF SERVICE DEFINITION (for-service awards and vacation accruals)
DAIA - 52- 2005-2008 MOU
SECTION 34 - PERMANENT PART-TIME EMPLOYEE BENEFITS
The length of service credits of each employee of the County shall date from the beginning of the last
period of continuous County employment (including temporary, provisional, and permanent status,
and absences on approved leave of absence). When an employee separates from a permanent
position in good standing and within two (2) years is reemployed in a permanent County position, 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 Human Resources Director shall determine these matters based on the
employee status records in the Human Resources Department.
SECTION 34 - PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave benefits. They are eligible
for health, dental and life insurance benefits at corresponding premium rates providing they work at
least fifty percent (50%) of full time. If the employee works at least fifty percent. (50%) of full time,
County retirement participation is also included.
SECTION 35 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. See
CalPERS health plan regulations regarding medical information.
SECTION 36 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees of the County immediately prior to their
provisional appointment, are eligible for vacation and sick leave benefits. See CalPERS health plan
regulations regarding medical information.
SECTION 37 PROFESSIONAL REIMBURSEMENT
The County agrees to reimburse employees in the District Attorney Investigators' Unit for actual cost
of membership dues in job-related professional associations, job-related equipment, professional
publications, training and software and hardware from a standardized County approved list provided
each employee in the District Attorney Investigators' Unit complies with the provisions of the
Computer Use and Security Policy adopted by the Board of Supervisors. Effective January 1, 2007
the maximum amount will be increased to three-hundred dollars ($300) per calendar year.
Reimbursement in the amount prescribed above will be processed upon presentation of a verified
receipt to the Auditor-Controller's Office showing payment of annual membership dues in job-related
professional associations, or purchase of job-related equipment, professional publications, training or
software and hardware and evidence of supervisor approval.
SECTION 38 - SAFETY EQUIPMENT
A. The County agrees to continue to provide newly hired Inspectors with all required safety
equipment. Said equipment shall remain the property of the County;
DAIA -53- 2005-2008 MOU
SECTION 39 - DEPENDENT CARE
B. Safety equipment owned by the County deemed unserviceable by the District Attorney
or his authorized representative shall be turned over to the County and a replacement
shall be furnished by the District Attorney or his authorized representative;
C. The provisions of this replacement program do not apply to safety equipment damaged
or otherwise rendered unserviceable as a result of employee negligence, subject to.the
provisions of Section 3802 of the California Labor Code;
D. The District Attorney or his designated representative retains the right to render final
decisions on the serviceability of safety equipment.
E. The District Attorney's Office will provide District Attorney Inspectors and Senior District
Attorney Inspectors an appropriate "turn out"jacket..
SECTION 39 - DEPENDENT CARE
A. Dependent Care Information & Referral Service. The County will . administer an
Information & Referral Service through the Contra Costa. Child Care Council for the
duration of this MOU.
B. Dependent Care Salary Contribution. Subject to the applicable provisions of the Internal
Revenue Service, employees may contribute up to $5,000 each calendar year from their
salaries for approved dependent care; only eligible employees may contribute for such
expenses; there is no'County contribution for dependent care.
Reimbursements are made on a monthly basis subject to submission of itemized,
statements, adequate accumulation of the salary contribution, proof of payment, and
applicable County administrative procedures.
SECTION 40 - BILINGUAL PAY
A salary differential shall be paid incumbents of positions requiring bilingual proficiency as designated
by the appointing authority and Director of Human Resources. The differential shall, be one-hundred
dollars ($100) per month effective the first of the month following the month this Memorandum of
Understanding is adopted by the Board of Supervisors.. Said differential shall be paid to eligible
employees in paid status for any portion of a given month. 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.
SECTION 41 - ADOPTION
The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the
Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and,adopted
in order to implement these provisions. It is understood that where it is determined that an Ordinance
DAIA -54 - 2005-2008 MOU
SECTION 42 SCOPE OF AGREEMENT & SEPARABILITY OF PROVISION
is required to implement any of the foregoing provisions, said provisions shall become effective upon
the first day of the month following thirty (30) days after such Ordinance is adopted.
SECTION 42 - SCOPE OF AGREEMENT & SEPARABILITY OF PROVISION
42.1 Scope of Agreement. Except as otherwise specifically provided herein; this MOU fully
and completely incorporates the understanding of the parties hereto and constitutes the sole and
entire agreement between the parties in any and all matters subject to meet and confer.
The Association 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.
42.2 Separability of Provisions. Should any section, clause or provision of this MOU be
declared illegal, unlawful or'unenforceable, by final judgment of a court of competent jurisdiction, such
invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and
such remaining portions shall remain in full force and effect for the duration of this MOU.
42.3 Personnel Management Regulations. Where a specific provision contained in a
section of this MOU conflicts with a specific provision contained in 4 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.
42.4 Duration of Agreement. This agreement shall continue in full force and effect from
October 1, 2005 to and including June 30, 2008. Said agreement shall automatically renew from year
to year thereafter unless either party gives written notice to the other prior to sixty (60) days from the
aforesaid termination date of its intention to amend, modify or terminate the agreement.
SECTION 43 - PAST PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING
Continuance of working conditions and past practices not specifically authorized by ordinance or by
resolution of the Board of Supervisors is not guaranteed by this MOU; provided, however, that only
during the term of this MOU which expires June 30, 2008, the Association may claim a violation of a
past practice. If the Association can demonstrate that such past practice exists by virtue of having
been acknowledged and agreed to by Management and representatives of the Association or by
employees represented by the Association who. reach agreement with the Department Head on a
specific policy covering a group of employees such as a reassignment policy, the alleged violation of
said past practice will be subject to the grievance procedure. Those practices which have been
agreed to by Management and not approved by the Department Head must be confirmed and
approved by the Department Head within six (6) months from the below execution date of this MOU in
order to be considered a past practice pursuant to this provision.
DAIA - 55- 2005-2008 MOU
SECTION 43 - PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING
DATE:
CONTRA COSTA COUNTY DAIA
DAIA - 56- 2005-2008 MOU
DISTRICT ATTORNEY INVESTIGATORS' ASSN.
ATTACHMENTS
A - PROJECT POSITIONS
B - CLASS & SALARY LISTING
C - MEDICAL/DENTAL/LIFE INSURANCE ADJUSTMENTS
ATTACHMENT A
PROJECT POSITIONS
The District Attorney Investigators' Association and :the County have
met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for employees in project
classes which, except for the project designation, -would be
represented by the District Attorney Investigators' Association. For
example, District Attorney Senior Inspector is represented by the
Association, therefore, it has been agreed that District Attorney
Senior Inspector-Project will also be represented by the District
Attorney Investigators' Association.
Other project classes that are not readily identif able as properly
Included in bargaining units represented by the District Attorney
Investigators' Association shall be assigned to bargaining units in
accordance with the provisions of Section 34-12.015 of Board
Resolution 81/1165 as set forth in Section 2.8 of this Memorandum
of Understanding.
The Association and the County understand that the meet and
confer process with respect to the conditions of employment for
project classifications is unique and, therefore, differs from other
regular classes represented by the District Attorney Investigators'
Association in the following respects:
1 . Project employees, are not covered by the Merit System.
2. Project employees may be separated from service at any time
without regard to the provisions of this Memorandum of
Understanding, without notice and without right of appeal or
hearing or recourse to the grievance procedure as it applies to
suspensions, demotions or discharge.
3. Any provision of this Memorandun of Understanding which
pertains to layoff or seniority are not applicable to project
employees.
ATTACHMENT B
DISTRICT ATTORNEY INVESTIGATORS' ASSN.
CLASS & SALARY LISTING
Class Minimum Maximum
Code Class Title Salary Salary
6KVA DA SR INSPECTOR $6,791.35 $8,254.93
6KVD DA SR INSPECTOR WELFARE FRAUD $6,791.35 $8,254.93
6KWF DA INSPECTOR-WELFARE FRAUD $5,894.74 $7,165.10
ATTACHMENT C '
1998/1999 NEGOTIATIONS
DISTRICT ATTORNEY INVESTIGATORS' ASSN.
COUNTER TO ASSN. PROPOSAL NO. 14
Presented: November 18, 1999
PACKAGE PROPOSAL CONTINGENT UPON 11/18/1999 TENATIVE
AGREEMENT ON ALL ISSUES
MEDICAL/DENTAULIFE INSURANCE ADJUSTMENTS
HEALTH PLAN CONTRIBUTION
Effective January 1, 2000 and January 1, 2001 subvention 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 Kaiser premium at each level
(employee only, employee + one, employee + two or more).
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 one hundred percent (100%) of the applicable plan
premium.
DENTAL 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%
PMI 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
DOMESTIC PARTNE
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.
PEN 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 DISTRICT ATTORNEY
INVESTIGATORS' ASSOCIATION