HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-1104 IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
}
1981-1983 Compensation for Employees )
in Units Represented by Contra Costa ) RESOLUTION NO. 81/ 1104
County Appraiser's Association ))
The Contra Costa County Board of Supervisors RESOLVES THAT:
1. On September 22, 1981, the Employee Relations Officer submitted the
Memorandum of Understanding dated September 22, 1981, entered into with Contra
Costa County Appraiser`s Association, and the following unit represented by the
Association:
Property Appraiser's Unit
2. This Board having thoroughly considered said Memorandum of Understanding,
the same is approved.
3. Salaries and Terms and Conditions of Em to ent Contra Costa Count
Appraisers ssocia on. The Memorandum of Understanding with on ra Costa
County Appraiser's Association, is attached hereto, marked Exhibit A; and
Section Numbers 1 through 42 inclusive and Attachment A are incorporated herein
as if set forth in full and made applicable to the employees in the above-named
units.
4. If an Ordinance(s) is required to implement any of the foregoing
provisions, the Board of Supervisors shall inact said Ordinance(s).
5. This Resolution is effective as of July 1, 1981.
PASSED ON September 22, 1981, unanimously by the Supervisors present.
(Supervisor Schroder absent)
CERTIFIED copy
T certify that this is a fuli, true & correct copv of
the original document which is on file in my n:iice,
and that it was passed & adopted by the Board of
Supervisors of Centrn Costa County, California, on
the date shown.ATTEST: J. Il. OLSSON, County
Clerk&ex-officio Clerk of said Board of Supervisors,
by J)jep tyClerk. SES' 2 21981
� z.//,:L— On
Orig: Personnel Department
Employee Relations Officer
cc: County Administrator
County Counsel
Auditor-Controller
Contra Costa County
Appraiser's Association
RRSOLUTTON Nn. 81 /11(14
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
CONTRA COSTA COUNTY APPRAISER'S ASSOCIATION
1981 - 1983
Memorandum of Understanding
Between
Contra Costa County
and
Contra Costa County Appraiser's Association
1981 - 1983
TABLE OF CONTENTS
Section Page_
Definitions 1, 2, 3
1 Union Recognition 3
2 Union Security 3
3 No Discrimination 6
4 Shop Stewards & Official Representatives 6
5 Salaries 7
6 Days & Hours of Work 12
7 Overtime & Compensatory Time 13
8 Call-Back Time 15
9 On-Call Duty 15
10 Shift Differential 15
11 Separation through Layoff 15
12 Holidays 18
13 Vacation Leave 20
14 Sick Leave 21
15 Leave of Absence 26
16 Jury & Witness Duty 28
17 Health, Welfare, Life & Dental Care 28
18 Probationary Period 30
19 Promotion 32
20 Transfer 33
21 Resignations 34
22 Dismissals, Suspensions & Demotions 35
23 Grievance Procedure 38
24 Retirement Contribution 40
25 Training Reimbursement 40
26 Mileage 41
27 Personnel Files 41
28 One Time Payment 42
29 Reimbursement for Meal Expense 42
30 Flex-Time 42
*////D v
Table of Contents
Page two
Section Page
31 "9180" Plan 43
32 Classification Studies 43
33 Provisional Appointment 43
34 Unfair Labor Practice 44
35 Length of Service Definition 44
36 Permanent Part-Time Employee Benefits 44
37 Permanent Intermittent. Employee Benefits 45
38 Permanent-Intermittent Employees Health Plan 45
39 Previsional Employee Benefits 45
40 Adoption 45
41 Scope Agreement and Separability of Provision 45
42 Past Practices and Existing Memoranda of
Understanding 46
Attachment A 47
Memorandum of Understanding
Between
Contra Costa County
And
Contra Costa County Appraiser's Association
This Memorandum of Understanding is entered into pursuant to the authority
contained in Division 34 of the Contra Costa County Ordinance Code 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
Ordinance Code 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
Union 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 Memorandum of Understanding shall be presented to the Contra Costa County
Board of Supervisors as the joint recommendations of the undersigned for salary
and employee benefit adjustments for the period commencing July 1, 1981 and
ending June 30, 1983.
Definitions:
A. "Appointing Authority►" means Department dead unless otherwise
provided by statute or ordinance.
B. "Class" means 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.
C. "Class Title" means the designation given to a class, to each
position allocated to the class, and to the employees allocated
to the class.
D. "County" means Contra Costa County.
E. "Demotion" means 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 Memorandums of Understanding, in the
Personnel Management Regulations, or in specific resolutions
governing deep classifications.
F. "Director of Personnel" means the person designated by the County
Administrator to serve as the Assistant County Administrator-Director
of Personnel.
G. "Eligible" means any person whose name is on an employment or
reemployment or layoff list for a given class.
H. "Employee" means a person who is an incumbent of a position or who
is on leave of absence in accordance with provisions of this
Memorandum of Understanding and whose position is held pending his
return.
I. "&kloyment List" means a list of persons, who have been found
qualified for employment in a specific class.
J. "Layoff List" means a list of persons who have occupied positions
allocated to a class in the Merit System and who have been
involuntarily separated by layoff or displacement or have
voluntarily demoted in lieu of layoff.
K. "Permanent Intermittent Position" means 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.
L. "Permanent Part-Time Position" means any position which will
require the services of an incumbent for an indefinite period but
on a regularly scheduled less than full-time basis.
M. "Permanent Position" means any position which has required, or
which will require the services of an incumbent without
interruption, for an indefinite period.
N. "Pro ect Emloyee" means 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.
0. "Promotion" means 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 Memorandum of Understanding, in the
Personnel Management Regulations, or in specific resolutions
governing deep classes.
P. "Position" means the assigned duties and responsibilities calling
for the regular full-time, part-time or intermittent employment of
a person.
Q. "Reallocation" means 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.
2 .
////O yv
R. "Reclassification" means 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.
S. "Reemployment List" means 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.
T. "Resignation" means the voluntary termination of permanent
employment with the County.
U. "Temporary Employment" means any employment which will require the
services of an incumbent for a limited period of time, paid on an
hourly basis, not in an allocated position or in permanent status.
V. "Transfer" means 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 (5) percent at top
step as the class previously occupied by the employee.
Section 1 Recognition
1 .1 Union Recognition. The Union is the formally recognized employee
organization for the representation units listed below, and such organisation
has been certified as such pursuant to Chapter 34-12 of the Contra Costa County
Ordinance Code.
A. Property Appraiser's Unit
Section 2 Union Security
2.1 Dues Deduction. Pursuant to Chapter 34-26 of County Ordinance 73-32,
only a majority representative may have dues deduction and as such the Union has
the exclusive privilege of dues deduction for all members in its units.
Dues deduction shall be based on the voluntary written authorization of the
employee which shall remain in effect so long as the employee remains in a unit
represented by the Union unless such authorization is cancelled in writing by
the employee in accordance with the provisions set forth in Section 2.3. The
dues deduction shall be for a specified amount and uniform between members of
the Union. The Union 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 Union shall refund to the County any amounts
paid to it in error upon presentation of supporting evidence.
2.2 Maintenance of Membership. All employees in units represented by the
Union who are currently paying dues to the Union and all employees in such units
who hereafter become members of the Union shall as a condition of continued
employment pay dues to the Union for the duration of this Memorandum of
Understanding and each year thereafter so long as the Union continues to
represent the position to which the employee is assigned, unless the employee
has exercised the option to cease paying dues in accordance with section 2.3.
3
10/bSir
2.3 Withdrawal of Membership. By notifying the Auditor-Controller's
Department in writing, between May 2 and May 319 1983, any employee may withdraw
from Union membership and discontinue paying dues as of the payroll period
commencing May 1, 1983, discontinuance of dues payments to then be reflected in
the June 10, 1983 paycheck. Immediately upon the close of the above mentioned
thirty (30) day period the Auditor-Controller shall submit to the Union a list
of the employees who have rescinded their authorization for dues deduction.
2.4 Communicating With Employees. The 'Union 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 'Union, provided the communications displayed have to do with
official organization business such as times and places of meetings and further
provided that the employee organization appropriately posts and removes the
information. The Department Head reserves the right to remove objectionable
materials after notification to and discussion with the Union.
Representatives of the Union, not on County time, shall be permitted to place a
supply of employee literature at specific locations in County buildings if arranged
through the Department Head or designated representative; said representatives
may distribute employee organization literature in work areas (except work areas
not open to the public) if the nature of the literature and the proposed method
of distribution are compatible with the work environment and work in progress.
Such placement and/or distribution shall not be performed by on duty employees.
The Union shall be allowed access to work locations in which it represents
employees for the following purposes:
A. to post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated
above;
D. to represent an employee on a grievance, and/or to contact a Union
officer on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each
such instance advance arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the departmental
representative in charge of the work area, and the visit will not interfere
with County services.
2.5 Use of County Buildings. The Union 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 Union is scheduled
twenty-four (24) hours in advance;
B. There is no additional cost to the County;
_ 4 -
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 Union 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, ohairs, ashtrays, and blackboards) is
strictly prohibited, even though it may be present in the meeting area.
2.$ Advance Notice. The Union shall, except in oases 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 Hoard, 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.T Written Statement for New Emyloyees. The County will provide a written
statement to each new employee hired into a classification in any of the
bargaining units represented by the Union, that the employee's classification is
represented by the Union and the name of a representative of the Union. The
County will provide the employee with a packet of information which has been
supplied by the Union and approved by the County.
2.8 List of Employees with Dues Deduction. The County shall provide the
Union with a monthly list of employees who are paying dues to the Union.
2.9 Assignment of Classes to Bar, ainim 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 shall review the composition of existing
representation units to determine the appropriateness of including
some or all of the employees in the new class in one or more existing
representation units, and within a reasonable period of time shall
notify all recognized employee organizations of his determination.
B. Final Determination: His determination is final unless within ten
days after notification a recognized employee organization requests
in writing to meet and confer thereon.
5
C. Meet and Confer and other Steps. He shall most and confer with
such requesting organizations (and with other recognised employee
organisations where appropriate) to seek agreement on this matter
within sixty days atter the ten-day period in Subsection (B) ,
unless otherwise mutually agreed. Thereafter, the procedures in
cases of agreement and disagreement, arbitration referral and
expenses, and criteria for determination shall conform to those in
Subsections (d) through (i) of Section 34-12.008 of County
Ordinance 73-32.
Section 3-No Discrimination
There shall be no discrimination because of race, creed, color, national origin,
sexual orientation or Union activities against any employee or applicant for
employment by the County or by anyone employed by the County; and to the extent
prohibited by applicable State and Federal law there shall be no discrimination
because of age. There shall be no discrimination against any handicapped person
solely because of such handicap unless that handicap prevents the person from
meeting the minimum standards established for the position.
Section 4_,,Shop Stewards and Official Representatives
4.1 Attendance at Meetings. Employees designated as shop stewards or
official representatives of the Union 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;
H. If their attendance is sought by a hearing body or presentation of
testimony or other reasons;
C. If their attendance is required for meeting required for settlement
of grievances filed pursuant to Section 23 (Grievance procedure) of
this Memorandum;
D. If they are designated as a shop steward, in which ease they may
utilize a reasonable time at each level of the proceedings to
assist an employee to present a grievance;
E. If they are designated as spokesperson or representative of the
Union and as such make representations or presentations at meetings
or hearings on wages, salaries and working conditions; provided in
each case advance arrangements for time away from the employee's
work station or assignment are made with the appropriate Department
Head, and the County agency calling the meeting is responsible for
determining that the attendance of the particular employee(s) is
required.
4.2 Union Reyresentative. Official representatives of the Union 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 Employee Relations Officer, and
that advance arrangements for the time away from the work station or assignment
are made with the appropriate Department Head.
_ 6 _
tt/`ieow
Section 5 Salaries
5.1 The salary range for each represented classification shall be as set
forth in Attachment A which is attached hereto and made a part hereof.
5.2 Effective July 1, 1982, the salary range for each classification shall
be increased by 8% or 77 levels on the H series salary schedule.
However, should the Consumer Price Index for Urban Wage Earners and Clerical
Workers-San Francisco-Oakland, California all items (1967)-100 hereinafter
referred to as the "Index" from April 1981 to April 1982 increase more than
twelve (12x) percent, the salary range for each classification represented by
the Union shall be increased an additional amount to be determined by subtracting
twelve percent (12x) from the amount of the increase in the index and dividing
by two (2) , said amount to be rounded to the nearest level on the H series
salary schedule.
For example:
Increase in Consumer price Index = 13. 4%
-12.0
1 .4% L. 2 _ .7%
Founded to .7021% or seven (7) levels on the H series salary schedule.
No adjustments, retroactive or otherwise, shall be made in the amount of the
salary increase due to any revision which later may be made in the published
figures for the Index for any month on the basis of which the increase has been
determined. A decline in the Index shall not result in a reduction of ,classifi-
cation salary rates.
The salary increase based on the Index shall be contingent upon the continued
availability of official monthly Bureau of Labor Statistics Consumer Price Index
in its present form and calculated on the same basis as the foregoing Index
(1967=100) unless otherwise agreed upon by the parties.
5.3 Entrance Salary. Now 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.
5.14 Anniversary Dates. Except as may otherwise be provided for in deep
class resolutions, anniversary dates will be set as follows:
A. New Emcloyees. 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 months service.
B. Promotions. The anniversary date of a,promoted employee is determined
as for a new employee in Subsection 5.4 A above.
�. 7 _
V li Id yl
C. Transfer, Reallocation and Reclassification. 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
(5) percent of the top step of the previous classification, remains
unchanged.
B. 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.
E. Notwithstanding other provisions of this Section 5, the anniversary
of an employee who is appointed to a classified position from out-
side 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 year 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 anniversary
is one (1) year after the first calendar day of that month.
5.5 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 5.4 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 review at some specified date before the next anniversary.
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 an operating department verifies in writing that an administrative
or clerical error was made in failing to submit the documents needed to advance
an employee to the next salary step on the first of the month when eligible, said
advancement shall be made retroactive to the first of the month when eligible.
5.6 Fart-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.
- g
RV//O 4
5.7 Compensation for Portion of Month. Any employee who works less than
any fall 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.
5.8 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 5.10 Salary on Promotion.
5.9 Salary Reallocation and Salam on Reallocation.
A. In a general salary increase or decrease, an employee in a class
which is reallocated 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 pre-
viously 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.
S. 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 5.9A 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 planed at the step
of the new range which is next above the salary rate received in
the old range, or if the now range dues not contain a higher step,
at the step which is next lower than the salary received in the old
range.
9
? f!/dv
C. In the event an employee is in a position which is reallocated to a
different class which is allocated to a salary range the same as
above or below the salary range of the employee's previous class,
the incumbent shall be placed at the step in the new class which
equals the rate of pay received before reallocation. In the event
that the steps in the range for the new class do not contain the
same rates as the range for the old class, the incumbent shall be
placed at the step of the new range which is next above the salary
rate received in the old range; or if the new range does not contain
a higher step, the incumbent shall be placed at the step which is
next lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the
deep class resolution and incumbent salary allocations, if any,
shall supersede Section 5.9.
5.10 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 5.13, 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 salary shall be
adjusted to the step in the new range which is at least five percent (5%) greater
than the next higher step; provided, however, that the next step shall not exceed
the maximum salary for the higher class.
5.11 Salary on Demotion. Any employee who is demoted, except as provided
under Section 5.13, 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.
5.12 Salary on Voluntary Demotion. Whenever any employee voluntarily
demotes to a position in a class having a salary schedule lower than that of
the class from which he or she demotes, his or her salary shall remain the same
if the steps in his or her new (demoted) salary range permit, and if not, new
salary shall be set at the step next below former salary.
5.13 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.
10 -
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.
5.14 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 Subsection_5_._10_Salary
on Promotion of this Memorandum, commencing on the twenty-first (21st) work day
of the 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. Higher pay assignments shall not exceed six (6) months except
through reauthorization.
6. 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.
7. Any incentives (e.g., the education incentive) and special
differentials (e.g., bilingual differential and hazardous duty
differential) accruing to the employee in his/her permanent
position shall continue.
8. 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.
9. 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.
5.15 Pa went. 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.
11
The advance shall be in an amount equal to one-third (1/3) of the employee's
basic salary of the previous month except that it shall not exceed the amount of
the previous month's basic salary less all requested or required deductions.
The election to receive an advance shall be made on or before April 30 or
October 31 of each year or during the first month of employment by filing on
forms prepared by the Auditor-,Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.14 all required or
requested deductions from salary shall be taken from the second installment,
which is payable on the tenth (10th) day of the following month.
Section 6 Days and Hours of Work
The normal work week of County employees is forty (40) hours between 12:01 a.m.
Monday to 12:00 midnight Sunday, usually five (5) eight-hour days; however,
where operational requirements of a department require deviations from the usual
pattern of five eight-hour days per work week, an employee's work hours may be
scheduled to meet these requirements, but his/her working time shall not exceed
an average of forty (40) hours per seven (7) day period throughout an operational
cycle, and the Department Head shall prepare written schedules in advance to
support all deviations, the schedules to encompass the complete operational
cycle contemplated.
The work week for employees in the "4-10" shift is four (4) ten (10) hour working
days during a work week consisting of any seven (7) day period. If the County
wants to eliminate any existing "4-10" shift and substitute a "5-8" shift or to
institute a "4-10" shift which does not allow for three (3) consecutive days off
(excluding overtime days or a change of shift assignment) , it will meet and
confer with the Union prior to implementing said new shift.
Full-time employees in the Property Appraiser's Unit may select a one-half hour
lunch period, resulting in work hours of 8:00 a.m. - 4:30 p.m. or 8:30 a.m. -
5:00 p.m. , subject to the following conditions:
A. All of the employees in the same work crew shall have the same
starting and quitting times.
H. If the one-half hour lunch period is selected, said selection shall
remain in effect for a period of at least three (3) months unless
otherwise approved by the Department Head.
C. The exercise of this selection shall be governed by the needs of
the department and an employee's or employees' work hours may be
changed at the sole discretion of the Department Head to meet such
needs.
- 12 -
gl111/e41
D. The one-half hour lunch period option shall be initiated on a trial
basis during which its impact on department operations will be
assessed. If the department determines that this option is
unsatisfactory, the department shall notify the Union of its intent
to discontinue the option and give the Union the opportunity to
discuss such discontinuance prior to terminating the option.
Section 7 Overtime and Comsatory Time
7.1 Overtime. Overtime is any authorized work performed in excess of forty
hours per week or eight hours per day. Overtime for "4-10" shift employees is
any work performed beyond ten hours per day or forty hours per week. All over-
time 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 in a minimum of one-half
hour increments and is compensated by either pay or compensatory time off.
Employees entitled to overtime credit for holidays in positions which work around
the clock (such as the County hospital, the Sheriff's office and jails, and the
,juvenile hall and boys' ranch) shall be provided a choice as to whether they
shall be paid at the overtime rate or shall receive compensatory time off at the
rate of one and one-half hours compensatory time off for each hour worked. Such
compensatory time off, and the accumulation thereof shall be in addition to the
total vacation accumulation permitted under the terms of this Memorandum of
Understanding. The specific provision of this accumulation are set forth in
Section 12.5 of this Memorandum of Understanding. Regular overtime for 24 hour
institutional employees may be accrued as compensatory time in accordance with
Section 7.2 of this Memorandum of Understanding.
7.2 Compensatory Time. The following provisions shall apply:
A. Employees may periodically elect to accrue compensatory time off in
lieu of overtime pay. Employees shall make a choice, which will
remain in effect for a period of one fiscal year July 1 - June 30.
Eligible employees must notify their Department Head or his/her
designee of their intention to accrue compensatory time off at least
seven (7) calendar days prior to July 1 of each year.
B. The names of those employees electing to accrue compensatory time
off shall be placed on a list maintained by the department.
Employees who become eligible (i.e., newly hired employees,
employees promoting, demoting, etc.) for compensatory time off in
accordance with these guidelines, after the list has been compiled,
will be paid for authorized overtime hours worked until the
preparation of the next annual list, unless such employees specifi-
oally rquest in writing to the Department Head or his designee that
they be placed on the list currently in effect.
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.
- 13 -
D. Employees may not accrue a compensatory time off balance that
exceeds sixty (60) hours. Once a sixty (60) hour balance has been
attained, authorized overtime hours will be paid at the overtime
rate. If the employee's balance falls below sixty (60) hours, the
employee shall again accrue compensatory time off for authorized
overtime hours worked until the employee's balance again reaches
sixty (60) 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 sixty (60) hours.
F. Employees may not use more than sixty (60) 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 should 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.
H. When an employee promotes, demotes or transfers from one classifi-
cation 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 changes status and is no longer eligible for
compensatory time off;
2. the employee promotes, demotes or transfers to another
department;
3. the employee separates from County service;
4. the employee retires.
K. The Office of the County Auditor-Controller will establish time-
keeping procedures to administer this Section.
- 14 -
ry
Section 8 Call Back Time
Any employee who is called back to duty shall be paid at the appropriate rate
for the actual time worked plus one (1) hour. Such employee called back shall
be paid a minimum of two (2) hours at the appropriate rate for each call back.
Section 9 On-Call Duty
On call duty is any time other than time when the employee is actually on duty
during which an employee is not required to be on County premises but stand
ready to immediately report for duty and must arrange so that his/her superior
can reach him/her on ten (10) minutes notice or less. An employee assigned to
on-call time shall be paid one (1) hour of straight time credit for each four
(4) hours on such on-call time unless otherwise provided in the supplemental
sections of this Agreement. Where on-call arrangements exist, the Department
Head shall designate which employees are on-call unless otherwise provided in
the supplemental sections of this Agreement.
Section 10 Shift Differential
In the hours which qualify for shift differential, employees shall receive five
percent (5x) above their base salary rate.
To qualify for shift differential, an employee must have a regularly assigned
daily work schedule which requires:
A. Completion of more than one and one-half (1-1/2) hours over the
normal actual working time; or
B. At least four (4) hours of actual working time from 5:00 p.m.
through 9:00 a.m. inclusive. However, employees who have been
regularly working a shift qualifying for shift differential
immediately preceding the commencement of a vacation, paid sick
leave period, paid disability or other paid leave, will have shift
differential included in computing the pay for their leave. The
paid leave of an employee who is on a rotating shift schedule shall
include the shift differential that would have been received had
the employee worked the shift for which the employee was scheduled
during such period. Shift differential shall only be paid during
paid sick leave and paid disability as provided above for the first
thirty (30) calendar days of each absence.
Section 11 Separation Through Layoff
11.1 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).
11.2 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.
- 15
11.3 Layoff__By Dis2lacement.
A. 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.
B. 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
an employee having less seniority; the least senior employee being
displaced first, and so on with senior displaced employees
displacing junior employees.
11 .4 Particular Rules on Displacing.
A. Permanent intermittent and permanent part-time employees may
displace only employees holding permanent positions of the same
type respectively.
B. A permanent full-time employee may displace any intermittent or
part-time employee with less seniority (1) in the same class as
provided in Section 11.3A, or (2) in a class of the same or lower
salary level as provided in Section 11 .28 if no full-time employee
in a class at the same or lower salary level has less seniority
than the displacing employees.
C. 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 Personnel 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.
11 .5 Seniority. An employee's seniority within a class for layoff and
displacement purposes shall be determined by adding the employee's length of
service in the particular class in question to the employee's length of service
in other classes at the same or higher salary levels as determined by the salary
schedule in effect at the time of layoff. Employees reallocated or transferred
without examination from one class to another class having a salary within five
percent of the former class shall carry the seniority accrued in the former
class into the new 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 employee's layoff eligibility.
Approved leaves of absence as provided for in these •ules 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.
- 16 -
11.6 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, the person's name shall
be placed on the Layoff list for the class of positions from which that person
has been removed.
11.7 Order of Names on Layoff. First, layoff lists shall contain the names
of persons laid off or displaced or when demoted as a result of a layoff or
displacement, or who have voluntarily demoted in lieu of layoff or displacement,
names shall be listed in order of layoff seniority in the class from which laid
off, displaced or demoted 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.
11 .8 Duration of Layoff and Reemployment Bights. The name of any person
laid off or granted reemployment privileges after application shall continue
on the appropriate list for a period of two (P) years. Persons placed on layoff
lists shall be continued on the list for an additional two years if application
for extension of eligibility is made before the expiration of the original
period of eligibility.
11 .9 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. When a request for personnel is received from the
appointing authority of a department, if a layoff list exists for the class, the
appointing authority shall receive and appoint the eligible highest on the layoff
list from that department; or in the case that there is no layoff from that
department, the appointing authority shall receive and appoint the eligible
highest on the layoff list. However, if an eligible so certified is rejected
during probation and restored to the layoff list, the rejected employee will not
again be certified to the department from which rejected on probation unless the
appointing authority so requests. The Director of Personnel shall recommend to
the Hoard of Supervisors that a person employed from a layoff list be appointed
at the same step of that salary range the employee held on the day of layoff.
11.10 Removal of Names from Reemployment and Layoff-Lists. The Director of
Personnel may remove the name of any eligible from a reemployment or layoff list
for any reason listed below:
(a) For any cause stipulated in Section 404.1 of the Personnel Management
Regulations.
(b) On evidence that the eligible cannot be located by postal authorities.
(c) 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.
(d) If three offers of permanent appointment to the clans for which the
eligible list was established have been declined by the eligible.
(e) If five certifications for permanent appointment from an open
employment list, including certification to two different departments
if the class has permanent positions in more than one department,
have failed to result in selection and appointment.
-� 17 -
A/c%�/c I/
(f) If the eligible fails to respond to the Director of Personnel or
the appointing authority within five (5) days to written notice of
certification mailed to the person's last known address. Notice
shall be sent to the person affected.
11.11 Union Notification. When it appears to the Department Head and/or
Employee Relations Officer that -the Board of Supervisors may take action which
will result in the layoff of employees in a representation unit represented by
the Union, the Employee Relations Officer shall notify the Union of the
possibility of such layoffs and shall meet and confer with it regarding the
implementation of the action.
The County agrees to give employees ten (10) work days (eight (8) work days for
employees on the "4-10" workweek) notice of layoff except in cases of emergency.
Section 12 Holidays
12.1 The County will observe the following holidays:
A. Labor Day
Admission Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day After Thanksgiving
Christmas
New Years' Day
Lincoln's Day
Washington's Day
Memorial Day
Independence Day
Such other days as the Board of Supervisors may by resolution
designate as holidays.
B. Effective May 1 , 1982, Lincoln's Day, Admission Day, and Columbus
Day shall be deleted as holidays and each employee shall accrue two
(2) hours of personal holiday credit per month. Such personal
holiday time may be taken in increments of one (1) hour, and
preference of personal holidays shall be given to employees
according to their seniority in their department as reasonably as
possible. No employee may accrue more than thirty--two (32) 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.
C. Employees in positions which work around the clock shall continue
to celebrate those holidays listed in Section 12.1A above.
18
Ftllev it
D
12.2 The following provisions indicate how holiday credit is to be applied:
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 (1-112) times their basic
salary rate for holidays actually worked.
The purpose of this plan is to equalize holidays between employees on regular
work schedule 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 Memorandum of Understanding.
If any holiday listed in section 12.1A above falls on a Saturday, it shall be
celebrated on the preceding Friday. If any holiday listed in section 12.1A
falls on a Sunday, it shall be celebrated on the following Monday.
12.3 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.
12.4 "4-10" Shift - Holidays.
A. Holiday Shift Pay. Each "4-10" shift employee who works a full shift
on a holiday shall receive time and one-half for the first eight (8)
hours worked in addition to regular pay for the holiday. Holiday
shift pay shall be subject to provisions of Section 7 "Overtime".
B. Absence on Holiday. The maximum time charged to sick leave,
vacation or leave without pay on a holiday shall be two (2) hours.
12.5 Accrual of Holiday Time. Employees entitled to overtime credit in
positions which work around the clock shall be permitted to elect between pay at
the overtime rate or compensatory time off in recognition of holidays worked.
The following prooedures shall apply to this selection:
1. Any person who is eligible and who elects to accrue holiday time
must agree to do so for a full fiscal year (July 1 through June 30),
or the remainder thereof, unless otherwise specified by the Board.
-- 19 -
2. Employees starting work after a lust of those electing to accrue
holiday time has been submitted to the Auditor and approved, will
be paid overtime unless they specifically requested in writing
within seven (7) calendar days to be placed on the accrual list.
3. Holiday time shall be accrued at the rate of one and one-half (1-1)
times the actual hours worked to a maximum of eight (8) hours
worked by the employee.
4. Holiday time may not be accumulated in excess of two-hundred
eighty-eight (288) working hours. Holiday time may be accrued up
to 288 hours, exclusive of regular vacation accruals. After 288
hours, holiday time shall be paid at the overtime rates as
specified in Section 7.
5. Accrued holiday time may be taken off at times determined by mutual
agreement of the employee and the Department Head.
6. Accrued holiday time shall be paid off only upon a change in
status of the employee such as separation, transfer to another
department or reassignment to a permanent-intermittent position.
Section 13 Vacation Leave
13.1 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 Memorandum of
Understanding. Vacation credits may not be taken during the first six (6)
months of employment except where sick leave has been exhausted; and none shall
be allowed in excess of actual accrual at the time vacation is taken.
13.2 Vacation Accrual Rates. For employees hired prior to October 1 , 1979
the rates at which vacation credits accrue and the maximum accumulation thereof
are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10 2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
�. 20 -
f////d
For employees hired on or after October 1 , 1979 the rates at which vacation
credits accrue, and the maximum accumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Lath of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 13-1/3 320
20 through 24 years 162/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
13.3 Employees who are rehired and have their service bridged in accordance
with the provisions of this Memorandum of Understanding shall accrue vacation in
accordance with the accrual formula for employees hired after October 1, 1979.
However, prior service time which has been bridged shall count toward longevity
accrual.
13.4 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.
13.5 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.
13.6 Preference of vacation shall be given to employees according to their
seniority in their department as roubvnably as possible unless otherwise provided
in the supplemental sections of this Agreement.
Section 14 Sick Leave
14.1 The purpose of paid sick leave is to insure employees against loss of
pay for temporary absences from work due to illness or injury. Sick leave may
be used only as authoripor it is not paid time off which employees may use for
personal activities.
14.2 Sick leave credits accrue at the rate of eight (8) working hours credit
for each completed month of service. Employees who work a portion of a month
are entitled to a pro rata share of the monthly sick leave credit computed on
the same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of
one-half (1/2) hour. Unused .31ck leave credits accumulate from year to year.
When ar employee is separated, other than through retirement, accumulated sick
leave a edits shall be cancelled, unless the separation results from layoff in
which st the accumulated credits shall be restored if the employee is
reemplo-ed in a permanent position within the period of his layoff eligibility.
- 21 -
///czil
w Upon retirement, an employee's accumulated sick .leave shall be converted to
retirement time on the basis of one day of retirement service credit for each
day of accumulated sick leave credit.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
A. An employee may use paid sick leave credits when the employee is
off work because of a temporary illness or injury.
B. Sick Leave may be used by permanently disabled employees until all
accruals of the employee have been exhaused or until the employee
is retired by the Retirement Board subject to the conditions
listed below. For the purposes of this Section 14 permanent
disability shall mean the employee suffers from a disabling physical
injury or illness and is thereby prevented from engaging in any
County occupation for which he or she is qualified by reason of
education, training or experience. Sick leave credits may be used
under this provision only when the following requirements are met:
1. An application for retirement due to disability has been
filed with the Retirement Board and
2. Satisfactory medical evidence of such disability is
received by the appointing authority within thirty (30) days
of the start of use of sick leave for permanent disability.
The appointing authority may review medical evidence and
order further examination as he deems 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
while under a physician's orders to remain secluded due to exposure
to a communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. Female 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 .ommenoemrent of the disability as well as the date
the physician anticipates the disability to terminate.
The appointing authority retains the right to medical
review of all requests for such leave.
- 22 --
9f/f/® tl
2. If a female employee does not apply for sick leave and the
appointing authority believes that the employee is not
able to properly perform her Work or that her general
health is impaired due to disability caused or contributed
to by pregnancy, miscarriage, abortion, childbirth or
recovery therefrom, the employee shall be required to
undergo a physicial examination by a physician selected
by the County, the cost of such examination shall be
borne by the County. Should the medical report so
recommend, a mandatory leave shall be imposed upon the
employee for the duration of the disability.
3. If all accrued sick leave has been utilized by the
employee, the employee shall be considered on leave
without pay. Sick leave may not be utilized after the
employee has been released from the hospital unless the
employee has proviced the County with a written statement
from her attending physician stating that her disability
continues and the projected date of the employee's
recovery from such disability.
E. Medical and Dental Appointments. An employee may use paid sick
leave credits for medical and dental appointments as follows.
1 . For working time used in keeping medical and dental
appointments for the employee's own care; and
2. Effective the first of the month following the execution
of this agreement, for working time (not over thirty-two
(32) hours in each fiscal year) used by an employee for
pre-scheduled medical and dental appointments for an
immediate family member living in the employee's home.
Such use of sick leave credits shall be accounted for by
the department on a fiscal year basis. Any balance of the
thirty-two (32) hours remaining at the end of the fiscal
year shall not be carried over to the next year; depart-
ments shall notify the employee if the maximum allowance
is reached. Authorization to use sick leave for this
purpose is contingent on availability of accumulated sick
leave credits; it is not an additional allotment of sick
leave which employees may charge.
F. Emergency Care of Family. Effective the first of the month
following the execution of this Agreement, an employee may use paid
sick leave credits (up to three (3) days, unless the Department
Head approves more) for working time used in cases of illness, or
injury to, an immediate family member living in the employee's
home, if there is a real need for someone to render care and no one
else is available therefore, and if alternative arrangements for
the ill or injured person are immediately undertaken.
G. Death of Family Member. An employee may use said sick leave credits
for absence from work because of a death in the employee's immediate
family, but this shall not exceed three (3) working days plus up to
two (2) days of work time for necessary travel.
- 23 -
14.3 Administration of Sick Leave. Accumulated paid sick leave credits
may neat be used in the fallowing situations:
1. Self--inflicted In1yury. For time off from work for an employee's
illness or injury caused by his or her willful misconduct.
2. Vacation. For an employee's illness or injury while the employee
is on vacation except when extenuating circumstances exist and the
appointing authority approves.
3. Not in Pay Status. When the employee would otherwise be eligible to
use paid sick leave credits but is not in a pay status.
The proper administration of sick leave is a responsibility of the employee and
the Department Head. The following procedures apply:
A. Employees are responsible for notifying their department of an
absence as early as possible prior to the commencement of their
work shift or not later than 34 minutes thereafter if possible.
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, department
heads may make such investigations as they deem necessary.
14.4 Disability.
A. An employee physically or mentally incapacitated for the performance
of duty is subject to dismissal, suspension or demotion, subject to
the County Employees Retirement Law of 1937. An appointing authority
after giving notice may place an employee on leave if the appointing
authority has filed an application for disability retirement for the
employee, or whom the appointing authority believes to be temporarily
or permanently physically or mentally incapacitated for the
performance of the employees duties.
B. An appointing authority who has reasonable cause to believe that
there are physical or mental health conditions present in an
employee which endanger the health or safety of the employee, other
employees, or the public, or which impair the employee's performance
of duty, may order the employee to undergo at County expense and on
the employees paid time a physical, medical and/or psychiatric
examination by a licensed physician and receive a report of the
findings on such examination. If the examining physician recommends
that treatment for physical or mental health problems, including
� 24 _
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 Personnel Director may order lost pay restored
for good cause and subject to the employee's duty to mitigate
damages.
D. Before an employee returns to work from any absence for illness or
injury, other leave of absence or disability leave, exceeding two
weeks in duration, the appointing authority may order the employee
to undergo at County expense a physical, medical, and/or
psychiatric examination by a licensed physician, and may consider a
report of the findings on such examination. If the report shows
that such employee is physically or mentally incapacitated for the
performance of duty, the appointing authority may take such action
as he deems necessary in accordance with appropriate provisions of
this Memorandum of Understanding.
14.5 Workers' Compensation
A. Employees who leave work as a result of an on-the-job injury will have
the balance of that day charged to sick leave and/or vacation accruals. This
will be considered as the last day worked for purposes of determining Workers'
Compensation benefits.
B. Three (3) consecutive calendar days following the last day worked constitutes
a waiting period before Workers' Compensation starts. The time the employee is
scheduled to work during this waiting period will be charged to the employee's
sick leave and/or vacation accruals. In order to qualify for Workers' Compensation
the employee must be under the care of a physician. Temporary compensation is
payable on the first three (3) days of disability when the injury necessitates
hospitalization, or when the disability exceeds twenty-one (21) days.
A permanent employee shall continue to receive full regular salary during any
period of oompensable temporary disability absence. "Compensable temporary
disability absence" for the purpose of this Section, is any absence due to work
connected disability which qualifies for temporary disability compensation under
Workers' Compensation Law set forth in Division 4 of the California Labor Code.
When any disability becomes permanent, the salary provided in this Section shall
terminate. The employee shall return to the County all temporary disability
payments received by him from any County funded wage replacement program. No
charge shall be made against sick leave or vacation for these salary payments.
Sick leave and vacation rights shall not accrue for those periods during which
salary payments are made.
The County contribution to the employees group medical plan shall continue
during any period of oompensable temporary disability absence.
The maximum period for the described salary continuation for any one injury or
illness shall be one year from the date of temporary disability.
25
C. Continuing pay begins at the same time that temporary Workers' Compensation
starts and continues until the temporary disability ends, or until one (1) year
from the date of injury, whichever comes first. State Workers' Compensation
checks are made payable to the County by the State of California Insurance Fund.
All continuing pay under the Workers' Compensation Program will be cleared
through the Personnel Office, Safety Division.
Whenever an employee who has been injured on the job and has returned to work is
required by an attending physician to leave work for treatment during working
hours the employee shall be allowed time off up to three (3) hours for such
treatment without loss of pay or benefits. This provision applies only to
injuries that have been accepted by the County as a ,job connected injury.
14.6 Definition of Immediate Family. For the purposes of this Section 14,
the immediate family shall be restricted to the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister, grand-
parent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law or sister-in-law, of an employee.
14.7 On May 26, 1951 the Board of Supervisors established a labor-management
committee to administer a rehabilitation program for disabled employees. It is
understood that the benefits specified above in this Section 14 shall be coor-
dinated with the rehabilitation program as determined by the labor-management
committee.
14.8 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 15 Leave of Absence
15.1 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 shall be granted in accordance with applicable state and federal law.
Requests for leave without pay shall be made upon forms prescribed by the
Director of Personnel 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 any of the following reasons:
1 . Illness or disability;
2. pregnancy;
3. to take a course of study such as will increase his/her
usefulness on return to his/her position;
4. for other reasons or circumstances acceptable to the
appointing authority.
A leave without pay may be for a period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. Procedure in
granting extensions shall be the same as that in granting the original leave,
provided that the request for extension must be made not later than thirty (30)
calendar days before the expiration of the original leave.
- 26 -
j' /mo v
Whenever an employee who has been granted a leave without any pay desires to
return before the expiration of such leave, the employee shall so request of the
appointing authority in writing at least fifteen (15) days in advance of the
return for approval by the appointing authority. The Personnel Department shall
be notified promptly of such return.
Except with respect to leave due to pregnancy, illness or disability, the
decision of the appointing authority on granting or denying a leave of absence
shall be subject to appeal to the Personnel Director and not subject to appeal
through the grievance procedure set forth in Section 23 of this Memorandum of
Understanding.
15.2 Military Leave. Any employee in the merit system and who is required
to serve as a member of the State Militia or the United States Army, Davy, 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 accured 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 Personnel may deem necessary.
15.3 Leave of Absence Replacement. Any permanent employee in the merit
system 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 that classification and department.
In case of severance from service by reason of the reinstatement of a permanent
employee, the provisions of Section 11 (Layoff and Seniority) shall apply.
15.4 Salary Review While on Leave of Absence. The salary of an employee
who is on leave of absence from a County position on any anniversary date and
who has not been absent from the position on leave without pay more than six (6)
months during the preceding year shall be reviewed on the anniversary date.
Employees on military leave shall receive salary increments that may accrue to
them during the period of military leave.
15.5 Unauthorized Absence. An unauthorized absence from the work site or
failure to report for duty after a leave request has been disapproved, revoked,
or cancelled by the appointing authority, or at the expiration of a leave shall
be without pay. Such absence may also be grounds for disciplinary action.
- 27 -
Section 16 Jury DuU and Witness Duty
16.1 Jury Duty. If called for Jury duty in a Municipal, Superior, or
Federal Court, or for a Coroner's jury, employees may remain in their regular
pay status, or they may take vacation leave or leave without pay and retain all
fees and expenses paid to them.
If an employee is called for jury duty and elects to remain in a regular pay
status and waive all fees (other than mileage allowances) received, the employee
shall obtain from the Clerk or Jury Commissioner a certificate which shall
indicate the days attended and the fact that fees other than mileage are waived.
The employee shall furnish the court certificate to his/her department, which
shall be retained as a department record. When serving ,jury duty in a federal
court, an employee shall return all fees (other than mileage allowance) received
to the County.
When an employee is called for jury duty and elects to retain all fees, the
employee must take vacation leave or leave without pay. No court certificate is
required in this instance.
Employees shall advise their department as soon as possible if scheduled to
appear for ,jury duty.
Permanent intermittent employees are entitled paid jury duty leave only for
those days on which they were previously scheduled to work.
16.2 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 witnessesin private cases or personal matters
(e.g. , accident suits and family relations) shall take vacation leave or leave
without pay and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to
jury duty as set forth in Section 16 of this Memorandum of Understanding.
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 17 Health and Welfare. Life and Dental Care
17.1 The County will continue the existing County Group Health Plan program
of combined medical, dental and life insurance coverage through California
Dental Service, Occidental Life Insurance and the medical insurance options of
Kaiser-Permanente Foundation, Blue Cross of Northern California, the Contra
Costa County Health Plan and H.E.A.L.S. Health Plan to all permanent employees
regularly scheduled to work twenty (20) or more hours per week.
17.2 In the event that it may be possible to provide hospital-medical, life
insurance and dental coverage as nearly comparable as possible to the benefits
in effect on July 1, 1981 , without additional cost to the County or the employees,
- 28 -
s ?///c�
the County may substitute new insurance carriers. The Union will be given an
opportunity to meet and confer on the coverage afforded under such substitute
plana before they are implemented. During the term of this Memorandum of
Understanding, the County intends to seek alternatives to the Blue Cross Medical
Plan by requesting that health care companies submit bids on the cost of furnishing
identical or similar benefits as are provided under the Blue Cross Plan.
The County will contribute up to the following monthly amounts toward the
existing County Group Health Plan program of combined medical, dental and life
insurance provided, however, that the minimum employee health plan contribution
shall be $1 .00 per month.
Kaiser Option
County contribution per
Category Employee per month:
8/1/81 8/1/82
Employee Only $ 47.33 $ 55.33
(No Medicare)
Family 109.34 12.1 .34
(No Medicare)
Blue Cross Option
Employee Only 70.79 78.79
(No Medicare)
Family 121 .84 133.$4
(No Medicare)
Contra Costa Health Plan Option
Employee Only 48.43 56.43
(No Medicare)
Family 113.91 125.91
(No Medicare)
H.E.A.L.S. Health Plan Option
Employee Only 60.00 68.00
(No Medicare)
Family 115.00 127.00
(No Medicare)
Corresponding Medicare rates for employees covered under this Memorandum of
Understanding shall be as follows: for Employee Only on Medicare by taking the
Employee Only rate for the option selected and subtracting the monthly Part B
Medicare premium withheld from Social Security payments for one enrollee; for
Employee and Dependent(s) with one member on Medicare by taking the Employee and
Dependent(s) rate for the option selected and subtracting the monthly Part B
� 29 -
Medicare premium withheld from Social Security payments for one enrollee; for
Employee and Dependent(s) with two members on Medicare by taking the Employee
and Dependent(s) rate for the option selected and subtracting the monthly Part B
Medicare premium withheld from Social Security payments for two enrollees;
provided, however, that the minimum employee health plan contribution will be
$1.00 per month.
Any increase in the Health Plan costs that occur during the duration of this
Memorandum of Understanding shall be borne by the employee.
The County's contribution to the Health Plan premium is payable for any month in
which the employee earns compensation for actual time worked or is credited for
work time through vacation or sick leave accruals. However, if an employee doer
not earn enough compensation in a month to pay the employee share of the premium,
the employee must make up the difference by remitting the amount delinquent to
the Auditor-Controller.
An employee is thus covered by the Health Plan for the month in which
compensation is earned and the subsequent month. The responsibility for this
payment rests with the employee. If payment is not made, the employee shall be
dropped from the Health Plan.
An employee who is on approved leave of absence may convert to individual Health
Plan coverage within thirty (30) days of the commencement of leave.
An employee who terminates County employment who has earned compensation for
actual time worked or is credited for time worked through vacation or sick leave
accruals, is only covered through the month in which he is credited with
compensation. An employee who terminates County employment may convert to
individual Health Plan coverage.
Upon retirement, employees may remain in the same County group medical-plan if
immedately before their retirement they are either active subscribers to one of
the County Group Medical Plans or if on authorized leave of absence without pay
they have retained individual conversion membership from one of the County plans.
Section 18 Probationary Period
18.1 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.
18.2 Listed below are those classes represented by the Union which have
probation periods in excess of six (6) months.
?done
18.3 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.
16. 4 The probationary period shall date from the time of appointment to a
permanent position after certification from an eligible list. It shall not
include time served under provisional appointment or under appointment to
limited term positions or any period of continuous leave of absence without pay
or period of work connected disability exceeding fifteen (15) calendar days.
- 30 -
9///la
For those employees appointed to permanent-intermittent positions with a six (6)
months probation period, probation will be considered completed upon serving
one-thousand (1 ,000) hours after appointment except that in no instance will
this period be less than six (6) calendar months from the beginning of
probation. If a permanent-intermittent probationary employee is reassigned to
full-time, credit toward probation completion in the full-time position shall be
prorated on the basis of one hundred seventy-three (173) hours per month.
18.5 Rejection 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, handicap, or sexual
orientation.
B. The appeal must be written, must be signed by the employee and
set forth in facts by which it is claimed that grounds for appeal
exist under Subsection (A) and must be filed through the Director
of Personnel to the Merit Board by 5:00 p.m. on the 7th calendar
day after the date of delivery to the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable
cause to believe that the rejection may have been based on grounds
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.
18.6 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 Personnel 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 Memorandum of Understanding, without notice and without right of appeal
or hearing. If the appointing authority has not returned the probation report,
a probationary employee may be rejected from the service within a reasonable
time after the probation period for failure to pass probation. If the
appointing authority fails to submit in a timely manner the proper written
documents certifying that a probationary employee has served in a satisfactory
manner and .later acknowledges it was his or her intention to do so, the regular
appointment shall begin on the day following the end of the probationary period.
-- 31 -
V1.1-tev
Notwithstanding any other provisions of the Memorandum of Understanding, 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 (b) months
after being promoted or transferred from a position in the Merit System to a
position not included in the Merit System shall be restored to a position in the
classification in the department from which the employee was promoted or transferred.
A probationary employee who has been rejected or has resigned during probation
shall not be restored to the eligible list from which the employee was certified
unless the employee receives the affirmative recommendation from the appointing
authority and is certified by the Personnel Director whose decision is final.
The Director of Personnel 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.
18.7 La off 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.
18.8 Rejection During Probation of Layoff Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the probation period shall
be automatically restored to the layoff list, unless discharged for cause, if the
person is within the period of layoff eligibility. The employee shall begin a new
probation period of subsequently certified and appointed in a different department
or classification than that from which the employee was laid off.
Section 19 Promotion
19.1 Promotion shall be by competitive examination unless otherwise
provided in this Memorandum of Understanting.
19.2 Promotion Policy. The Director of Personnel, upon request of an
appointing authority, shall determine whether an examination is to be called on
a promotional basis.
19.3 If an examination for one of the classes represented by the Union is
proposed to be announced on an Open only basis the Director of Personnel shall
give five (5) days prior notice of such proposed announcement and shall meet at
the request of the Union to discuss the reasons for such open announcement.
_ 32 _
19.4 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:
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 Personnel Director,
E. The Union approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
19.5 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.
19.6 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits,
of seventy percent (70P or more, shall receive, in addition to all other
credits, five one-hundredths of one percent (.0%) 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 (5x) credit for seniority in any promotional examination.
19.7 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 20 Transfer
20.1 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 Personnel to be appropriate for transfer
on the basin of minimum qualifications and qualifying procedure; (b) 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
- 33 -
FO //"#'/
transaction shall have indicated their agreement in writing; (d) the employee
concerned shall have indicated agreement to the change in writing; (e) the
Director of Personnel 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.
203.2 Any employee or appointing authority who desires to initiate a
transfer may inform the Director of Personnel in writing of such desire stating
the reasons therefor. The Director of Personnel shall if he or she 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 and may take the
initiative in accomplishing the transfer.
Section 21 Resignations
An employee's voluntary termination of service is a resignation. Written
resignations shall be forwarded to the Personnel 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 --71-vee and to the Personnel Department and shall
indicate the effective date of termination.
21 .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.
21 .2 Constructive Resignation. A constructive resignation occurs and is
effective when:
A. An employee has been sosenv vom duty for ten (10) consecutive
working days without leave, and;
B. Ten (10) more consecutive days have elapsed without response by the
employee after the mailing of a notice of resignation by the
appointing authority to the employee at the employee's last known
address.
21 .3 Effective Resignation. A resignation is effective when delivered
or spoken to the appointing authority, operative either on that date or
another date specified.
21. 1 Revocation. A resignation that is effective is revocable only by
written concurrance of the employee and the appointing authority.
21.5 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 Personnel and a copy on the appointing authority.
- 34 -
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 acknowledgement 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 Personnel 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 23 of the Memorandum of Understanding 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 22 Dismissal. Suspension and Demotion
22.1 The appointing authority may dismiss, suspend or demote any
employee for cause. The following are sufficient causes for such action;
the list is indicative rather than inclusive of restrictions and dismissal,
suspension or demotion may be based on reasons other than those
specifically mentioned:
1 . absence without leave,
2. conviction of any criminal act involving moral turpitude,
3. conduct tending to bring the merit system into disrepute,
4. disorderly or immoral conduct,
5. incompetence or inefficiency,
b. insubordination,
7. 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,
8. neglect of duty,
9. negligent or willful damage to public property or waste of public
supplies or equipment,
10. violation of any lawful or reasonable regulation or order given
by a suervisor or Department Head,
11. willful violation of any of the provisions of the merit system
ordinance or Personnel Management Regulations,
12. material and intentional misrepresentation or concealment of any
fact in connection with obtaining employment,
13. misappropriation of County funds or property,
14. unreasonable failure or refusal to undergo any physical, medical
and/or psychiatric exam and/or treatment authorized by this
Memorandum of Understanding,
15. dishonesty or theft,
16 excessive or unexcused absenteeism and/or tardiness.
- 35 �
Sr//l/d 4t
22.2 Skelly Requirements. 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) , or demote an employee, the appointing authority shall cause
to be served personally or by certified mail, on the employee, a Notice of
Proposed Action, which shall contain the following:
A. A statement of the action proposed to be taken.
B. A copy of the charges; including the acts or ommissions and grounds
upon which the action is based.
G. 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.
Employee Response. The employee upon whom a Notice of Proposed Action has been
served shall have seven (7) calendar days to respond to the appointing authority
either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend
in writing the period to respond. If the employee's response is not filed
within seven (7) days or any extension, the right to respond is lost.
22.3 Leave PendingEmployee 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.
22.4 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 22.5 below.
22.5 Notice of Suspension Without Pay Due to Pending Criminal Charges.
Before suspending an employee due to pending criminal charges, the appointing
authority shall cause to be served either personally or by certified mail, on
the employee, a Notice of Suspension Due to Pending Criminal Charges, which
shall contain the following:
A. A statement that the employee is suspended while criminal charges
are pending or until the charges are dismissed.
B. A statement of the charges upon which the suspension is based and
of the facts by which such charges adversely affect the County
service or conflict with continued employment.
C. A statement that the employee may respond to the appointing
authority either orally or in writing within seven (7) calendar
days.
36 -
///#Al
D. A statement that disciplinary action may be taken after disposition
of the charges.
E. The Notice of Suspension Due to Pending Criminal Charges may
include a Notice of Proposed Action (Skelly Notice) under Section
22.2.
F. An appointing authority, upon giving notice as provided in this
Section 22, may immediately suspend without pay an employee against
whom there is pending a criminal charge which adversely affects the
County service or conflicts with continued employment. Pending
criminal charges exist when an employee has been arrested or has
been named a defendant in a criminal complaint or indietement filed
in any court.
G. The Personnel Director may order lost pay restored for good cause,
and subject to the employee's duty to mitigate damages, but not if
the employee 1) is given a Notice of Proposed Action (Skelly
Notice) and 2) is dismissed or otherwise disciplined for cause
directly related to the charges within fourteen (14) calendar days
after the appointing authority has knowledge of final disposition
of the charges.
22.6 Procedure on Dismissal Suspension or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or demote an
employee having permanent status in a position in the merit system,
after having complied with the Skelly requirements where applicable,
the appointing authority shall make an order in writing stating
specifically the causes for the action.
B. Service of Order. Said order of dismissal, suspension, or demotion
shall be filed with the Director of Personnel, showing by whom and
the date a copy was served upon the employee to be dismissed,
suspended or demoted, either personally or by certified mail to the
employee's last known mailing address. The order shall be effective
either upon personal service or deposit in the U. S. Postal Service.
C. Employee-ARReals-from Order. The employee may appeal an order of
dismissal, suspension or demotion either to the Merit Board or
through the procedures of Section 22 Grievance Procedure of this
Memorandum of Understanding provided that such appeal is filed in
writing with the Personnel 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 23 of this
Memorandum of Understanding.
- 37
Section 23 Grievance Procedure
23.1 A grievance is any dispute which involves the interpretation or
application of any provision of this Memorandum of Understanding excluding,
however, those provisions of this Memorandum of Understanding which specifically
provide that the decision of any County official shall be final, the interpre-
tation or application of those provisions not being subject to the grievance
procedure. The Union may represent the employee at any stage of the process.
Grievances must be filed within thirty (30) days of the incident or occuranee
about which the employee claims to have a grievance and shall be processed in
the following manner:
A. Step 1 - Any employee or group of employees who believes that
a provision of this Memorandum of Understanding has been misin-
terpreted or misapplied to his or her detriment shall discuss the
complaint with the employees immediate supervisor, who shall meet
with the employee within five (5) days of receipt of a written
request to hold such meeting.
B. 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 Memorandum of Understanding has been
misinterpreted or misapplied, how misapplication or misinterpre-
tation 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 Personnel. The
Department Head or his or her designee shall have ten (10) work
days in which to respond to the grievance in writing.
C. Step ? - If a grievance is not satisfactorily resolved in step -2
above, the employee may appeal in writing to the Personnel
Director. The Personnel Director or his or her designee shall have
thirty-five (35) workdays 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.
D. Step 4 - No grievance may be processed under this Section which has
not first been filed and investigated in accordance with paragraph
C above. If the parties are unable to reach a mutually satisfactory
accord on any grievance which arises and is presented during the
term of this Memorandum of Understanding, such grievance shall be
submitted to an Adjustment Board comprised of three (3) Union
representatives, no more than two (2) of whom shall be either an
employee of the County or an elected or appointed official of the
Union presenting this grievance, and three (3) representatives of
the County, no more than two (2) of whom shall be either an employee
of the County or a member of the staff of an organization employed
to represent the County in the meeting and conferring process.
- 38 =
E. Step 5 - If an Adjustment Board is unable to arrive at a majority
decision, either the employee or the County may require that the
grievance be referred to an impartial arbitrator who shall be
designated by mutual agreement between the employee and the
Personnel Director. 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.
23.2 Scope of Adjustment Board and Arbitration Decisions. (a) Decisions
of Adjustment Boards and arbitrators on matters properly before them shall be
final and binding on the parties hereto, to the extent permitted by law.
(b) No adjustment Board and no arbitrator shall entertain, hear, decide or
make recommendations on any dispute unless such dispute involves a position
in a unit represented by the Union which has been certified as the recognized
employee organization for such unit and under such dispute falls within the
definition of a grievance as set forth in Subsection 23.1 above.
(c) Proposals to add to or change this Memorandum of Understanding or to
change written agreements supplementary hereto shall not be arbitrable and no
proposal to modify, amend, or terminate this Memorandum of Understanding, nor
any matter or subject arising out of or in connection with such proposals, may
be referred to arbitration under this Section. Neither any Adjustment Board nor
any arbitrator shall have the power to amend or modify this Memorandum of
Understanding or written agreements supplementary hereto or to establish any new
terms or conditions of employment.
(d) If the Personnel Director in pursuance of the procedures outlined in
Subsection 23.1 (c) above, or the Adjustment Board in pursuance of the provisions
of Subsection 23.1 (d) above resolve a grievance which involves suspension or
discharge, they may agree to payment for lost time or to reinstatement with or
without payment for lost time.
23.3 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 a grievant fails to meet the time limits specified in steps
1 through 5 above, the grievance will be deemed to have been settled and
withdrawn.
23.14 An official, with whom a formal grievance is filed by a grievant who
is included in a unit represented by the Union, but is not represented by the
Union in the grievance, shall give the Union a copy of the formal presentation.
23.5 Comyensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Personnel
Director. Only complaints which alledge that employees are not being compensated
in accordance with the provisions of this Memorandum of Understanding 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 Memorandum of
'clnderstanding which results from such meeting and conferring process shall be
deemed withdrawn until the meeting and conferring process is next opened for
such discussion. No adjustment shall be retroactive for more than six (6)
months from the date upon which the complaint was filed.
- 39 --
No change in this Memorandum of Understanding or interpretations thereof (except
interpretations resulting from Adjustment Board or arbitration proceedings
hereunder) will be recognized unless agreed to by the County and the Union.
23.6 No Strike. During the term of this Memorandum of Understanding, the
Union, its members and representativess, .agree that it and they will not engage
in, authorize, sanction, or support any strike, slowdown, stoppage of work,
sickout, or refusal to perform customary duties.
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.
23.7 Merit Board. (a) All Grievances of employees in representation units
represented by the Union shall be processed under Section 23 unless the employee
elects to apply to the Merit Board on matters within its jurisdiction.
(b) No action under paragraph (c), td? and (e) of Subsection 23.1 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.
23.8 The Union may file a grievance at step 3 on behalf of affected
employees when action by the County Administrator or the Board of Supervisors
violates a provision of this Memorandum of Understanding.
Section 24 Retirement Contribution
Pursuant to Government Code Section 31581.1 , the County will continue to pay
fifty percent (50'x) of the retirement contributions normally required of
employees. Such payments shall continue for the duration of this Memorandum of
Understanding, 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 (1/2) of the
retirement cost-of-living program contribution.
Section 25 Training Reimbursement
The County Administrative Bulletin on Training shall govern reimbursement for
training and shall continue to limit reimbursement for career development
training to $200 per semester or $150 per quarter, not to exceed $600 per year.
_ 40 _
Section 26 Mileage
Effective August 1 , 1979 mileage allowance for the use of personal vehicles on
County business shall be paid according to the following per month formula:
1 - 400 miles $ .22 per mile
401 - plus miles .16 per mile
The above rates shall be adjusted to reflect an increase or decrease in the cost
of gasoline which shall be determined as provided below on the basis of the
average price for "gasoline, all types" per gallon as listed in Table 5,
"Gasoline Average Prices per gallon, U.S. City Average and Selected Areas" for
the San Francisco-Oakland California area published by the Bureau of Labor
Statistics, U.S. Department of Labor, hereinafter referred to as the "Energy
Report".
The above mileage rates shall be increased or decreased by one cent (1¢) for each
fifteen cents (15¢) increase or decrease in the base price for gasoline which
shall be defined as the average price of gasoline per gallon for July, 1979 as
published in the Energy Report. Any such rate increase or decrease shall be
effective the first of the month following publication of the index. The above
formula rates include price increases reported since July 1979.
The mileage rate increase or decrease based on the Energy Report shall be
contingent upon the continued availability of the official monthly Energy Report
in its present form and calculated on the same basis unless otherwise agreed
upon by the parties.
Section 27 Personnel Files
An employee shall have the right to inspect and review any official record(s)
relating to his or her performance as an employee or to a grievance concerning
the employee which is kept or maintained by the County in the employee's
personnel history folder on file in the Personnel Department. The contents of
such records shall be made available to the employee for inspection and review
at reasonable intervals during the regular business hours of the County.
The County shall provide an opportunity for the employee to respond in writing
to any information which is in the employee's personnel file about which he or
she disagrees. Such response shall become a permanent part of the employee's
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 permanent personnel record.
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.
41 -
,?////d41
Employees have the right to review their official personnel files which are
maintained in the Personnel Department or by their department. In a case
involving a grievance or disciplinary action, the employee's designated
representative may also review his/her personnel file with specific written
authorization from the employee.
Section 28 One Time Payment
Employee who occupied a permanent position in a classification in the represen-
tation unit during July 1981 shall receive a one time payment of fifty-five
dollars ($55.00) as soon as possible following the adoption of this Memorandum
of Understanding.
Section 29 Reimbursement for Meal Expenses
Employees shall be reimbursed for meal expenses under the following circumstances
and in the amount specified:
1 . When the employee is required by his/her Department Head to attend
a meeting concerning County business or County affairs.
2. 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.
3. When the employee is required to stay over to attend consecutive or
continuing afternoon and night sessions of a board or commission.
4. 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.
5. When the employee is required to work three or more hours of
overtime; in this case he or she may be reimbursed in accordance
with .Administrative Bulletin.
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 30 Flex--Time
It is understood that Resolution No. 75/1037 pertaining to flex-time may be
applied to the Property Appraiser's unit as well as other County employees.
Nothing contained in this Memorandum of Understanding prohibits the Department
Head from implementing a flex-time system for employees in the Property Appraiser's
unit. The Department Head, prior to implementation, shall discuss the
implementation of any flex-time system involving employees represented by the
Appraiser's Association with the Association. Then the department shall deter-
mine if the said flex-time is feasibly following a trial period and then shall
submit the plan to the County Administrator for approval. Upon written request
to the Employee Relations Officer, the Appraiser's Association may request to
meet with the Department Head for the purpose of proposing an alternate flexible
work schedule.
-- 42 -
Section 31 "9/80" Plan
The County and the department will meet and confer with the Appraiser's
Association regarding the proposal for a "3/80" work plan and other alternate
work schedules. It is agreed that a "9/80" work schedule will be implemented on
November 10 1981 , for a trial period. Prior to the implementation of the "3/80"
plan on a permanent basis, the department agrees to meet and confer with the
Association.
Section 32 Classification Studies
Upon receipt of the appropriate P300 as submitted by the Assessor's Office and
approved by the County Administrator's Office, the County agrees to conduct a
review of the following classes or specific positions within a class for the
purposes indicated. The County shall make its findings known to the Union no
later than the dates indicated for each study unless extended by mutual consent
of both parties, without obligation of the County to take action based upon the
results of the study. During the course of these studies, the County shall
review any information submitted by the Union relevant to such studies:
Time of Completion
Class(es) and/or from Date Received in
Positions) Issue Personnel Office Q300)
Appraiser Series Determine if present April 1 , 1982
classes are appropriate
to duties being performed
and the feasibility of a
deep class or flexible
staffing to the Associate
Appraiser level.
Auditor-Appraiser Determine if present classes April 11 1982
Series are appropriate to duties
being performed and the
feasibility of a deep class
or flexible staffing to the
Senior Auditor-Appraiser level.
Section 33 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 Personnel
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 the intention to take the next examination for the class shall be
referred to the appointing authority at the time authorization is issued.
_ 43 _
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:
1. If an examination has been announced for the class and recruitment
of applicants is in process, the Director of Personnel may
authorize a continuation of provisional appointments until an
eligible list is established.
2. 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 Personnel relative to provisional appointments
are final and not subject to the grievance procedure.
Section 34 Unfair Labor Practice
Either the County or the Union may file an unfair labor practice as defined in
Chapter 34-22 of the County Ordinance 73-32 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 5 Length of Service Definition (for service awards and vacation accruals)
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including
temporary, provisional, and permanent status, and absences on approved leave of
absence). When an employee separates from a permanent position in good standing
and within two years is reemployed in a permanent County position, service
credits shall include all credits accumulated at time of separation, but shall
not include the period of separation. The Personnel Director shall determine
these matters based on the employee status records in his department.
Section 36 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 50% of full time. If
the employee works at least 50% of full time, County retirement participation is
also included.
_ 44 _
w Section 37 Permanent-Intermittent Employees Benefits
Permanent intermittent employees are eligible for prorated vacation and sick
leave benefits.
Section 38- Permanent-Intermittent Employees Health Plan
Effective October 1 , 1981 a permanent intermittent employee represented by
Contra Costa County Appraiser's Association may participate in the County Group
Health Plan of combined medical, dental and life insurance coverage wholly at the
employee's expense. The County will not contribute to the employee's monthly
premium. The employee will be responsible for paying the monthly premium
appropriately and punctually. Failure to meet the premium deadline will mean
automatic and immediate withdrawal from the County Group Health Plan and
reinstatement may only be effectuated during the annual open enrollment period.
Section 39 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.
Effective October 1 , 1981 , said provisional employees may participate in the
County Group Health Plan of combined medical, dental and life insurance coverage
wholly at the employee's expense. The County will not contribute to the
employee's monthly premium. The employee will be responsible for paying the
monthly premium appropriately and punctually. Failure to meet the premium
deadline will mean automatic and immediate withdrawal from the County Group
Health Plan and reinstatement may only be effectuated during the annual open
enrollment period.
Section 40 Adoption
The provisions of this Memorandum of Understanding shall be made applicable on
the dates indicated and upon approval by the Board of Supervisors. Resolutions
and Ordinances, where necessary, shall be prepared and adopted in order to
implement these provisions. It is understood that where it is determined that
an Ordinance is required to implement any of the foregoing provisions, said
provisions shall become effective upon the first day of the month following
thirty (30) days after such Ordinance is adopted.
Section 41 Scope Agreement and Separability of Provision
41 .1 Scope of Agreement. Except as otherwise specifically provided herein,
this Memorandum of Understanding fully and completely incorporates the
understanding of the parties hereto and constitues the sole and entire agreement
between the parties in any and all matters subject to meet and confer. Neither
party shall, during the term of this Memorandum of Understanding demand any
change herein, provided that nothing herein shall prohibit the parties from
changing the terms of this Memorandum of Understanding by mutual agreement.
- 45 -
41.2 Separability- of Provisions. Should any section, clause or provision of
this Memorandum of Understanding 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 Memorandum of Understanding.
41 .3 Personnel Management Regulations. Where a specific provision contained
in a section of this Memorandum of Understanding conflicts with a specific
provision contained in a section of the Personnel Management Regulations, the
provision of this Memorandum of Understanding shall prevail. Those provisions
of the Personnel Management Regulations within the scope of representation which
are not in conflict with the provisions of this Memorandum of Understanding and
those provisions of the Personnel Management Regulations which are not within
the scope of representation shall be considered in full force and effect.
41 .4 Duration of Agreement. This Agreement shall continue in full force and
effect from July 1 , 1981 including June 30, 1983. 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 42 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 Memorandum of Understanding; provided, however, that only during the term
of this Memorandum of Understanding which expires June 30, 1983, the Union may
claim a violation of a past practice. If the Union can demonstrate that such
past practice exists by virtue of having been acknowledged and agreed to by
Management and representatives of the Union or by employees represented by the
Union who reach agreement with a 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 by June 30, 1982 in order to be
considered a past practice pursuant to this provision.
Date. r '�
CONTRA COSTA COUNTY CONTRA COSTA COUNTY APPRAISER'S
i ASSOC I(1TIO
-,� t // 19
By ��- ' jk' L-JC��C :-� By x �t
.r-
� � r
By ,' .y By v ...�..__
� I
- 46 -
rih/a'K
ATTACHMENT A
PROPERTY APPRAISER'S UNIT
CLASS SALARY
CODE LEVEL RANGE CLASS TITLE
DKSB H2-444 1921-2335 APPRAISER ANALYST
DAVA H2-328 1711-20179 ASSISTANT APPRAISER
DATA H2-341 1915-2328 ASSOCIATE APPRAISER
DRWB H2-157 1442»1753 AUDITOR APPRAISER I
DRVA H2-352 1770-2151 AUDITOR APPRAISER II
DAWA H2-115 1383.1681 JUNIOR APPRAISER
DRWA H2-371 1786»2171 MARINE APPRAISER
DKTA H2-551 2138-2598 SENIOR APPRAISER ANALYST
DRTA H2-532 2098-2550 SENIOR AUDITOR APPRAISER
_ 47 _
9t//1 6 sst