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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-644 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA A(ioptied this Resolution on October 1, 2002, bythe following vote: X(ES: Supervisors Uilkema, DeSaulnier, Clover and Gioia W)ES: None ABSENT: i one AJI Supervisor Gerber* Resolution No. 2002/ S€abject: Adopt the Memorandum of Understanding) with ;the Deputy Sheriffs' Association ) Management Unit ) B= ADDENDUM TO ITEM D. — October 1, 2002 Supervisor Gerber made the following statement: "W Chairman, on this item, based on my husband's employment, there may be a requirement for disqualification. So to avoid the appearance of any possible conflict with the State Political Act, I am disqualifying myself from acting on closed session employee organization negotiations and on this agenda item. The circumstances are indirect and not obvious in the law, so I am acting affirmatively in order to avoid any appearance of conflict. I am actually going to leave the room while you consider this." i i i iR R - i l ` i ilii R f . i ' i l l it i . i • � # 1 i ! DEFINITIONS DEFINITIONS Agminting Authority: department Head unless otherwise provided by statute or ordinance. Association: Deputy Sheriffs' Association. Class: A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated,to the class. Count: Contra Costa County. Demotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee formerly occupied except as provided for under "Transfer" or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classifications. Director of Human Resources: The person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. Eligible: Any person whose name is on an employment or reemployment or layoff list for a given classification. DSA MGMT. UNIT - 2 .. 2001 - 2005 MOU DEFINITIONS Employee: A person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this MOU and whose position is held pending his/her return. Employment List: A list of persons who have been found qualified for employment in a specific class. Layoff List: A list of persons who have occupied positions allocated to a class in the Merit System and who have been involuntarily separated by layoff or displacement or have voluntarily demoted in lieu of layoff. Permanent-Intermittent Position: Any position which requires the services of an incumbent for an indefinite period but on an intermittent basis, as needed, paid on an hourly basis! Permanent Part-Time Position: Any position which will require the services of an incumbent for an indefinite period but on a regularly .scheduled less than full time basis. Permanent Position: Any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. Prosect Employee: An employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenues. DSA MMMT. UNIT - 3 - 2001 --• 2005 Mou DEFINITIONS Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step. is higher than the top step of the class which the employee formerly occupied, except as provided for under "Transfer" or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in 'specific resolutions governing deep classes. Position: The assigned duties and responsibilities calling for the regular full time, part-time or intermittent employment of a person. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five (5) percent of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. Reclassification: The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position. Reemployment List: A list of persons, who have occupied positions allocated to any class in the merit system and, who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. DSA IVIGMT. UNIT - 4 - 2001 - 2005 MOU SECTION 1 - RECOGNITION Resignation: The voluntary termination of permanent service with the County from a position in the merit system. Temporary Employment: Any employment in the merit system which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Transfer: The change of an employee who has permanent status in .a position to another position in the same class in a different department, or to another positionin a class which is allocated to a range on the salary plan that is within five percent (5%) at top step as the class previously occupied by the employee. SECTION 1 - RECOGNITION 1.1 Association Recognition. The Association is the formally recognized employee organization for the Deputy Sheriffs' Management Unit and such organization has been certified as such pursuant to Chapter 34-12 of Board of Supervisor's Resolution 8111155 by Board order dated September 21 , 1993. Represented classes in this unit are: Captain (6XDA) Deputy Sheriff-Chief, Criminalistics'Lab (6DDA) Sheriffs Chief of Forensic Services (6DDB) Lieutenant (6XHA) Deputy Sheriff-Supervising Criminalist (6DHA) DSA IVIGMT. UNIT - 5 - 2001 - 2005 MOU SECTION 2 - ASSOCIATION SECURITY 1.2 Association Business. All elected members of the Board of the governing body of the DSA and any general member having agendized business before the Board requiring the member's personal appearance may be allowed to attend said Board meeting during duty hours without any loss of pay or benefit, provided that at least twenty-four (24) hour advance written request is made. The supervisor of the member shall be empowered to grant release time, if the granting of same would not require added costs (i.e., overtime or replacement by a temporary employee). operational impact will also be considered. This provision will be reviewed six (6) months following ratification of the contract, and the parties may meet and confer concerning same. SECTION 2 ASSOCIATION SECURITY 2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution 8111165 only a majority representative may have dues deduction and as such the Association has the exclusive privilege of dues deduction for all members in its unit. 2.2 Maintenance of Membership. All employees in units represented by the Association who are currently paying dues to the Association and all employees in such units who hereafter become members of the Association shall as a condition of continued employment pay dues to the Association for the duration of this MOU and each year DSA MGMT. UNIT - 6 - 2001 - 2005 MOU SECTION 2-ASSOCIATION SECURITY thereafter so long as the Association continues to represent the position to which the employee is assigned, unless the employee has exercised the option to cease paying duesin accordance with Section 2.3. 23 Withdrawal _of Members.hip. By notifying the Auditor-Controller's Department in writing, between August 1 and August 31 , 2005, any employee may withdraw from Association 'membership and discontinue paying dues as of the payroll period commencing September 1 , 20051 discontinuance of dues payments to then be reflected in the October 10, 2005 paycheck. Immediately upon the close of the above mentioned thirty (30) day period the Auditor-Controller shall submit to the Association a list of the employees who have rescinded their authorization for dues deduction. 24 Communicating With Employees. The Association shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in which there are employees represented by the Association, provided the communications displayed have to do with official organization business such as times and places of meetings and further provided that the Association appropriately posts and removes the information. The department head reserves the right to remove objectionable materials after notification to and 'discussion with- the Association. Representatives of the Association, not on County time, shall be permitted to place a supply of employee literature at- specific locations in County buildings if arranged DSA MGMT. UNIT - 7 - 2001 - 2005 MOU SECTION 2 -ASSOCIATION SECURITY through the Labor Relations Manager; said representatives may distribute employee organization literature in work areas (except work areas not open to the public) if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in -progress. Such placement and/or distribution shall not be performed by on duty employees. The Association shall be allowed access to work locations in which it represents employees for the following purposes: a. to post literature on bulletin boards; b. to arrange for use of a meeting room; C. to leave and/or distribute a supply of literature as indicated above; d. to represent an employee on an appeal, and/or to contact an Association officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements including disclosure of which of the above purposes is the reason for the visit, will be made with the departmental representative in charge of the work area, and the visit will not interfere with County services. 2.5 Use of County Buildings. The Association shall be allowed the use of areas normally used for meeting DSA MGMT. UNIT - 8 - 2001 - 2005 MOU SECTION 2- ASSOCIATION SECURITY purposes for meetings of County employees during non- work hours when: a. Such space is available and its use by the Association is scheduled twenty-four (24) hours in advance; b! there is no additional cost to the County; C. it does not interfere with normal County operations; d employees in attendance are not on duty and are not scheduled for duty; e. the meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Association shall maintain proper order at the meeting, and see that the space is left in a clean and orderly condition. The use of County equipment (other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards) is prohibited, even though it may be present in the meeting area. 26 Advance Notice. The Association shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, . resolution or regulation directly relating to matters within the scope of representation DSA MGMT. UNIT - 9 - 2001 -- 2005 MOU SECTION 2 - ASSOCIATION SECURITY proposed to be adopted by the Board, or boards and commissions designated by the Board, and to meet with the body considering the matter. The listing of an item on a public agenda, or the mailing of a copy of a proposal at least seventy-two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four (24) hours before the item will be heard, shall constitute notice. In cases of emergency when the Board, or boards and commissions designated by the Board determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.7 Assignment of Classes to Bargaining Units. The County shall assign new classes in accordance with the following procedure. a. Initial Determination. When a new class title is established, the Labor Relations Manager shall review the composition of existing representation units to determine the appropriateness of including some or all of the employees in the new class in one or more existing representation units, and within a reasonable period of time shall notify all recognized employee organizations of his determination. b. Final Determination. This determination is final unless within ten (10) days after notification a DSA MGMT. UNIT - lo - 2001 - 2005 MOU SECTION 3 - NO DISCRIMINATION recognized employee organization requests in writing to meet and confer thereon. C. Meet and Confer and Other Steps. The Labor Relations Manager shall meet and confer with such requesting organizations (and with other recognized employee organizations where appropriate) to seek agreement on this matter within sixty (60) days after the ten-day period in Subsection (b), unless otherwise mutually agreed. Thereafter, the procedures in cases of agreement and disagreement, arbitration referral and expenses, and criteria for determination shall conform to those in Subsections (d) through (1) of Section 34-12.008 of Board of Supervisors' Resolution 8111165. SECTION 3 - NO DISCRIMINATION There shall be no discrimination because of race, creed, calor, national origin, sex, sexual orientation or Association activities ' against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established for a position or from carrying out the duties of the position safely. DSA MGMT. UNIT _ 11 - 2001 - 2005 MOU SECTION 4 - OFFICIAL REPRESENTATIVES SECTION 4 - OFFICIAL. REPRESENTATIVES 4.1 Attendance at Meetings. Employees designated as official representatives of the Association shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: a. If their attendance is required by the County at a specific meeting; b. if their attendance is sought by a hearing body for presentation of testimony or other reasons; C. if their attendance is required for meeting(s) scheduled at reasonable times agreeable to all parties required to address appeals filed pursuant under Section 24 - Management Complaint Procedure of this MOU-; d. if they are 'designated as spokesperson or representative of the Association and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with . the appropriate department head or his designee, and the County agency calling the .meeting is responsible for determining that the attendance of the particular employee(s) is required. DSA MGMT. UNIT - 12 - 2001 - 2005 MOU SECTION 5- SALARIES 4.2 Association Reoresentati, ves. Official representatives of the Deputy Sheriffs' Management Unit shall be allowed time off on County time for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Labor Relations Manager 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 Labor Relations Manager, and that advance arrangements for the time away from the work station or assignment are made with the appropriate department head or his designee. SECTION 5 SALARIES 51 General Wane Increases October 1 , 2001 : 4.0% April 1 , 2002: 2.0% (less a 2.25% deduction for retirement benefits) October 1 , 2002: 5.0% (less a 2.25% deduction for retirement benefits) October 1 , 2003: 5.0% (less a 2.25% deduction for retirement benefits) October 1 , 2004: 5.0% (less a 2.25% deduction for retirement benefits) 5.2 Entrance Salary■ New employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range. IDSA MGMT. UNIT - 13 - 2001 — 2005 MOU SECTION 5 - SALARIES 5.3 Anniversary Dates. Except as may otherwise be provided for in deep class resolutions, anniversary dates will be set as follows: a. New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes six (6) months service provided however, if an employee began work on the first regularly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six (6) months service. b. Promotions. The anniversary date of a promoted employee is determined as for a new employee in Section 5.3.a above. C. Demotions. The anniversary of a demoted employee is the first day of the calendar month after the calendar month when the demotion was effective. d. Transfers. Reallocations and Reclassifications. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary range or to a salary range which is within five percent (5%) of the top step of the previous classification, remains unchanged. DSA MGMT. UNIT - 14 - 2001 - 2005 MOU SECTION 5 - SALARIES e. Reerri loym�ents. The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classification and step and who then successfully completes the required probationary period. f. Notwithstanding other provisions of this Section 5, the anniversary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the minimum salary for the employee's new class, or who is transferred from another governmental entity to this County's merit system, is one (1 ) year from the first day of the calendar month after the calendar month when the employee was appointed or transferred; provided however, when the appointment or transfer is effective on the employee's first regularly scheduled work day of that month, his/her anniversary is one (1 ) year after the first calendar day of that month. 54 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 forthin Section 5.2 to determine whether the salary of the employee shall be advanced to the next higher step in the salary range. Advancement shall be granted on the affirmative recommendation of the appointing authority, based on GSA MGMT. UNIT - 15 - 2001 -- 2005 MOU SECTION 5 - SALARIES satisfactory performance by the employee. The appointing authority may recommend denial of the increment or denial subject to one additional review at some specified date before the next anniversary which must be set at the time the original report is returned. Except as herein provided, increments within range shall not be granted more frequently than once a year, nor shall more than one (1 ) step within-range increment be granted at one time, except as otherwise provided in deep-class resolutions. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next anniversary the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If the department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary in the same ratio to the full- time monthly rate to which the employee would be entitled as a full-time employee under the provisions of this Section 5 as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full-time work schedule of the department. DSA MGMT. UNIT - 16 - 2001 - 2005 MOU SECTIONS - SALARIES 5.6 Corngensation for Portion of Month. Any employee who works less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis. 5.7 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was reclassified, 'shall be paid at the same step of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a class which ' is allocated to a lower range of the basic salary schedule shall continue to receive the same salary as before the reclassification, but if such salary is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of the class of the position before it was reclassified shall be governed by the provisions of Section 5.9 - Salary on Promotion. DSA MGMT. UNIT - 17 - 2001 - 2005 MOU SECTION 5 - SALARIES 5,8 Salary Reallocation & Salary on Reallocation. A. In a general salary . increase or decrease, an employee in a class which is allocated to a salary range above or below that to which it was previously allocated, when the number of steps remain the same, shall be compensated at the same step in the new salary range the employee was receiving in the range to which the class was previously allocated. If the reallocation is from one salary range with more steps to a range with fewer steps or vice versa, the employee shall be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocation to the top step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which the class is allocated. B. In the event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in 5.8.A above, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps in the new range do not contain the same rates as the old range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range, or if the new DSA MGMT. UNIT - 18 - 2001 - 2006 MOU f • i r i i M r I r • i • w ♦ ♦ s ' f I i ' I � ' � • � i I ' ' i f • i i i i "` i I • i f i i 'A • I r � I i r r • i • i i i ' i w i I f • I eY ! ' I + I + .. i ' SECTION 5 - SALARIES percent (5%0) greater than the next higher step; provided however that the next step shall not exceed the maximum salary for the higher class. In the event of the promotion of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the . employee had formerly attained in the higher class unless such step results in an increase of less than five percent (5%), in which case the salary shall be adjusted to the step in the new range which is five percent (5%) greater than the next higher step, if the new range permits such .adjustment. 5.10 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.12, shall have his/her salary reduced to, the monthly salary step in the range for the class of position to which he has been demoted next lower than the salary received before demotion. In the event this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%0) 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. DSA MGMT. UNIT - 20 - 2001 - 2005 MOU r r� - - r .. r - • - • rr r - r • r � w w w - „ - • r r - r - r w r - • - w r r ` � # r r - r +► r - ! r r r w ! - w r - r r r w • - _ r w � • rw - r r - r • w VAN r r r r ,. - ., • ,� • - r • r r • r - w • r w � IV - r i r r - r - i - - • r - - r � • . r w w w r w r - • r w - r r r • - r - - r • wrr - • r s w • r • w r - rr • • - • r f w r r " .. r r • . - w r r r • • - r w R � - � • r � - - w r �► w r r w r - 1 ' w +� �' r • r +� �! r • r r • rw �► r - r • • r r r r r r SECTION 5 - SALARIES a. The employee is assigned to a program, service, or activity established by the Board of Supervisors which is reflected in an authorized position which has been classified and assigned to the Salary Schedule. b. The nature of the departmental assignment is such that the employee in the lower classification becomes fully responsible for the duties of the position of the higher classification. C. Employee selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. d. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this MOO. e. The appropriate authorization form has been submitted by the Department Head and approved by the County Administrator. f. Higher pay assignments shall not exceed six (0) months except through reauthorization. g. If approval is granted for pay for work in a higher classification and the assignment is terminated and later reapproved for the same employee within thirty (30) days no additional waiting period will be required. DSA MGMT. UNIT - 22 - 2001 - 2005 MOU § � � < , , - : a a $ - � � � e ■ � - - � ■ ■ - � � � e - ~ , � ■ e ' e _ \ ■ � f . - . � 2 f # e ' f a e � - � ■ � �# � e . . � ■ . 2 < . . . _ f e . .�� f � , .� ■ e � � $ ®� e�e e � ■ . �e e - e�� . - e - . . � # � . � � - � e ■ - � � f � - < , # - � � � - , r � _ e � , $ _ - , . y . e » : . . . . ■ - - . # ® of � \ � # ■ . . � � � , � � , �_ e a $ . _ � � $ : - - e _ < e - e $ � e � $ � � � ■ � - f . , . e � � _ e @ � 2 ■ , � � f � , f e $ � e ^ ` ® - - � ° . § . , � � � ° _ $ � �f © . . . $� e , * � � e . . - � . e ■ $ � #■ � � « $ � , � - ■ e2� - $ � � % , � � . e . , � ■ . � - � � $ « � � # � f # ' - a e � � e ■ � e - e e � - � - » . � ® ° e e �_ � ` � - � \ � e . - e _ ■ e � , � ` ■ � , 2 � , ° 2 � ■ ■ < - « � � � _ � _ a � .� ■ � f � ■ � f � . @ '. e e � e . � � a � � � © y _ # - . . . . . e . a ■ �, � - � � , : � ee . . . , � . - _ � f � � � � � a � ' � ■ e t ® . � , ■ , . - � _ e � _ � � � e . " !\ , e ■ f � $ � < e f « © , � - � $ e ■ � - f e ■ � t $ � � f # $ � � � � � � � ~ � � e f e � . e � e - \ fe � , 2 » � e f � - - e � � ¥ � ■ ■ � e � � $ . � � e � . # » � ° _ � � � . � - e ` � - e e � � f ■ � - e ■ - e � e � � ■ . „ �.�„ � � e SECTION 5 - SALARIES 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 ding 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. Direct Deposit Provisions. No later than July 1 , 2002, all employees shall voluntarily authorize and make arrangements for the direct deposit of their paychecks via electronic fund transfer into the financial institution of their choice using forms approved by the Auditor-Controller and subject to Labor Code section 213. Employees will have their payroll advice statements mailed to their address on file with the County. As a condition of continued employment, all employees hired into classifications represented by the DSA on or after July 1 , 2002, shall voluntarily authorize and make arrangements for the direct deposit of their paychecks via electronic fund transfer into the financial institution of their choice using forms approved by the Auditor-Controller, subject to Labor Code section 213. DSA MGMT. UNIT - 24 - 2001 - 2005 MOU ..... :::.,:::::::::::. A..,:.: ■ . . , fill ® $ , $ $ Vie ■ - ® ® ± e e f ` , e ! ■ � � ■ \ e ~ - e e � ■ f e # � « - e � e e � , § e e © f e e ■ e \ ■ ■ � . . # - ■ # , - - ' ■ _ 2 ■ e , - # ■ ` ± ■ ■ e ■ ■so 10 fe e ■ ■ f . e � < � e . . ■ � - ■ . � . ■ e � ■ . - � � . , $ e - e � . . > . > . . , ■ e $ _ . , ■ ® ■ ® ■ , _ , � ■ f . � ■ - � � $ ■ f � e - - . � e e � � ; $ � ■ � . . � ■ ■ � ■ : . . , ■ e ■ to f ■ f ee - - f ■ f $ � - . #� � e � � e ` e � � ± . e - ^ - ■ , . . ■ e < e e ■ ■ f ■ ■ ■ � \ $ $ e $ ° e e f e - ■ � . 2�■ . . , _ < a ^ ® e » e , e $ $ - - e - a - ■ ■ e � \ $ $ e � � - , ■ - e - e » ■ ' ee , „ ■ , ` e SECTION 6 - DAYS AND HOURS OF WORK 3. The hardship requirement will no longer apply to payroll corrections. 4. Request for payroll corrections shall be forwarded by the Department, not by the employee, to the Auditor's Payroll Division. 5. Payroll adjustments would be by a paper check as opposed to an electronic transfer. 6. Items 1 through 5 above notwithstanding, the provisions of Section 25 — Pay Warrant Errors of the current DSA MCU remain in force and effect. C. There shall be no fee to employees for the processing of pay warrants and/or pay warrant advices, or for the correction of payroll errors. SECTION 6 - DAYS AND HOURS OF WORK 6.1 Normal Work Week. The normal work week of County employees is forty (40) hours between 12:01 a.m. Monday to 12:00 midnight Sunday, usually five (5) ' eight- hour days; however, where operational requirements of a department require deviations from the usual pattern of five eight-hour days per work week, an employee's work hours may be scheduled to meet these requirements, but his/her working time shall not exceed an average of forty (40) hours per seven (7) day period throughout an operational cycle, and the department head shall prepare written schedules in advance to support all deviations, the DSA MGMT. UNIT - 26 - 2001 - 2005 MOU N m ga r SECTION 7- SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT funded positions in classes not scheduled for layoffs within the department, as well as to other departments not experiencing funding reductions or shortfalls when it is a viable operational alternative for the department(s). e. Review various alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team program (TET) to: 1 . Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. 2. Determine if there are other positions to which employees may be transferred. 3. Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4. Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. f. When it appears to the Department Head and/or Labor Relations Manager that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit, the Labor Relations Manager shall notify the DSA M(3MT. UNIT - 28 - 2001 - 2005 MOU SECTION T- SENIORITY, WORKFORCE REDUCTION, LAYOFF& ('REASSIGNMENT Association of the possibility of such layoffs and shall meet and confer with the Association regarding the implementation of the action. 7.2 SeRaration Through Law- A. Grounds for Lay ff. 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 positions). B. Carder of Lavaff. The . order of layoff in a department shall be based on inverse seniority in the class of positions, the employee in that department with least seniority being laid off first and so on C. Layoff By Displacement. 1 . In the Same Glass. A laid off permanent full time employee may displace an employee in the department having less seniority in the same class who occupies a permanent- intermittent or permanent part-time position, the least senior employee being displaced first. 2. In the Same Level or Lower Class. A laid off or displaced employee who had achieved -DSA MCMT. UNIT - 29 - 2001 -� 20015 IVft3U SECTION r- SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT permanent status in a class at the same or lower salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class of an employee having less seniority, the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. D. Particular Rules on Displacing. 1 . Permanent-intermittent and permanent part- time employees may displace only employees holding permanent positions of the same type respectively. 2. A permanent full time employee . may displace any intermittent or part-time employee with less seniority 1 ) in the same class or, 2) in a class of the same or lower salary level if no full time employee in a class at the same or lower salary level has less seniority than the displacing employees. 3. Former permanent full time employees who have voluntarily become permanent part- time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Director of Human Resources or designee retain their permanent full time employee seniority rights DSA MGMT. UNIT - 30 - 200'1 - 2005 MOU -SECTION r SEN/OR/TY, WORKFORCE REDUCTION, LAYOFF+& REASSIGNMENT for layoff purposes only and may in a later layoff displace a full time employee with less seniority as provided in these rules. E. Seniority. An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salary schedule in effect at the time of layoff. Employees reallocated or transferred without examination from one class to another class having a salary within five percent (5%) of the former class shall carry the seniority accrued in the former class into the new class. Employees reallocated .to a new deep class upon its initiation or otherwise reallocated to a deep class because the duties of the position occupied are appropriately described in the deep class shall carry into the deep class the seniority accrued or carried forward in the former class and seniority accrued in other classes which have been included in the deep class. Service for layoff and displacement 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 DSA MGMT. UNIT - 31 - 2001 - 2005 MOU SECTION 7- SLNIC`tRITy, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT employee is reemployed in a permanent position within the period of layoff eligibility. Approved leaves of absence as provided for in these rules and regulations shall not constitute a period of separation. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent County employment. If there remain ties in seniority rights, such ties shall be broken by counting total time in the department in permanent employment. Any remaining ties shall be broken by random selection among the employees involved. F. Eligibility for Lam List. Whenever any person who has permanent status Is laid off, has been displaced, has been demoted by displacement or has voluntarily demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or displacement, the person's name shall be placed on the layoff list for the class of positions from which that person has been removed. G. Order of Names on Layoff. First, layoff lists shall contain the names of persons laid off, displaced, or demoted as a result of a layoff or displacement, or who have voluntarily demoted in lieu of layoff or displacement or who have transferred in lieu of layoff or displacement. Names shall be listed in order of layoff seniority in the class from which laid off, displaced, demoted DSA MGMT. UNIT - 32 - 200'1 - 2005 MOU ! f ` ! ! ♦ ` ! I ! !. I f f SECTION 7- SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT person employed from a layoff list shall be appointed at the same step of the salary range the employee held on the day of layoff. J. Removal of Names from Reemployment & Layoff Lists. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff list for any reason listed below: 1 . For any cause stipulated in Section 404.1 of the Personnel Management Regulations. 2. On evidence that the eligible cannot be located by postal authorities. 3. On receipt of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class. 4. If three (3) offers of permanent appointment to the class for which the eligible list was established have been declined by the eligible. 5. If the eligible fails to respond to the Director of Human Resources or the appointing authority within ten (10) days to written notice of certification mailed to the person's last known address. DSA MGMT. UNIT - 34 - 2001 - 2005 MOU . � # � � � - . ■ - � ■ � � ■ § # � � . � ■ � Z . . . . . . . . . . � . _ e 2 e ■ � � � _ � $ $ - � � . e , a � � � e � e � � � e � e _ � 2 ■ e . e � � e ` e ` � _ e � - e . ' ■ ■ Q e f ° e a � � � ■ « < « . ■ . . ' : , � , .$ e » � ■ , � e ' � 2 � � \ - e ■ \ ' $ ■ f . � � a � � � � � e f ■ _ � , ■ e � . � f _ � � ■ � ■ 2 e � < , e e \ � $ - » ■ ■ e � � ■ ` � . . � ■ � � � e $ � _ . ■ � � ■ �, e , e � ■ � _ f � - � � e � e � � � � � � e � � ® - e ■ ° � f � ■ >, e � � . ® � � , � . . � f ■ - , $ e< . . , . - a ■ � _ � ■ � - < ■ e e � - e _ � ° ■ � ■ ' e � � . e � - ■ ■ � < � # � � � � � � e . � , ■ � - . �■ e - - � � ■ ■ 5 - . » fe . � ■ e _ �� � � � � - $ . # � e � ■ : ± $ a e � � ■ �� $ � � � e ■ - � , ■ f � . , . � , ■ � � ; < � � ■ � . � � ■ . � � . . \ � � e e « f . f e ■ � : . . ■ f f , � � ■ � � » $ ■� � e � � � ■ e � f � . ® ® _ - � e e � f \� e e e , ` f : � » ■ f f \ , e - $ $ � , � � , ■ �� „ � e SECTION 8 - HOLIDAY'S must meet the minimum qualifications for the class. An appointment from such a list will, not affect the individual's status on a layoff list(s). 7.5 Reassignment of Laid Off Employees. Employees who displaced within the same classification from full time to part-time or intermittent status in a layoff, or who voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a position of another status than that from which they were laid off upon referral from the layoff list, may request reassignment back to their pre-layoff status (full time or part-time or increased hours). The request must be in writing in accord with each department's reassignment bid or selection process. Employees will be advised of the reassignment procedure to be followed to obtain reassignment back to their former status at the time of the workforce reduction. The most senior laid off employee in this status who requests such a reassignment will be selected for the vacancy; except when a more senior laid off individual remains on the layoff list and has not been appointed back to the class from which laid off, a referral from the layoff list will be made to fill the vacancy. SECTION 8 - HOLIDAYS 8.1 Holidays Observed. The County will observe the following holidays: January 1 st, known as New Year's Day Third Monday in January, known as Dr. M. L. King, Jr. Day Third Monday in February, known as President's Day The last Monday in May, Known as Memorial Day DSA MGMT. UNIT - 36 - 2001 — 2005 MOU . . ■ ; ■ ■ • . � � , . � , , , l � , - � ; ■ � � . , �, _ � �, _ � ■» � , < � _ . . � ,� ■ - , ; , : � , � � ■� � � � © -a � . � ■ . ; . . , _ � 2', . � � � » ; , . f ■_ � � ■ » . � .; � � � � � � , � ! ■ : ■ * - � , _ � , � ■ - , - a� e e . $ ^ :■ : ® w � � e a � � ■ _ e ■ - � ■ e � ■ ® - � e � ® e e - $ �- �e e � e _ _ ■ � e e _ \ � 2 ■ , ■ e - � . : e _ � � ■ � � � � ■ ® - ' e _ . - a ■ � - �a �e e e � ■ � � � . , � - � e � f � $ e � - � f � ■ e ' , $ $ _ e e ■ $ � . . � � � , � � $ � - - - , ■ � f � e e ` � . ■ ■ � � � .■ _ ee � � r � e ■ , . � , . ' � e . . . � � » . � e - - - � ■ f $ e � � ° � . � , e � � � e . . : . 0 : e $ . ^ # # f e � # ■ , ' e « 2 e ^ \ � � ■ - � � � � e � # � ■ e � , � $ � � ■ f « � mf � _ � . � ` # - - � e � $ � ■ ° � ■ ■ � � e � � � $ $ � � ma � ` # - _ ■ ■ � e � : m � � . � � � 2 $ e �f - _ e - ■ � e � ! _ . � . � t $ # - e � � � # e » � � � ■ � . _ � � f ® � 4 ■ � - � � � � ^ � ` � ■ � ; : * , ■ , . � , e � # t� � � _ , � . $ e � ` f . e � � � e � � a � , $ # . � � � $ $ � � ■ � $ $ e � » $ � ■ � ` e e � � e , � . ■ � . f e - _ e f - f e e � e e # � � � . - _ # � , � ■ $ - � - ■ e � . , ■ � \ 2e f . - ■ _ ■ e - � � ■ ■ ■ � © $ � SECTION 9 - VACATION LEAVE 8.4 Permanent Part-Time Employees. Permanent part-time employees shall receive holiday credit in the same ratio to the holiday credit given full time employees as the number of hours per week in the part-time employee's schedule bears to the number of hours in the regular full-time schedule, regardless of whether the holiday falls on the part-time employee's regular work day. Permanent part-time and permanent-intermittent employees who work on a holiday shall receive overtime pay or compensatory time credit for all hours worked, up to a maximum of eight (8) hours. SECTION 9 - VACATION LEAVE 9.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1 ) hour calculated on the same basis as for partial month compensation pursuant to Section 5.5 of this MOU. Vacation credits may be taken in 1/10 hour (6 minute) increments but may not be taken during the first six (6) months of employment (not necessarily synonymous with probationary status) except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. DSA MGMT. UNIT - 38 - 200'1 - 2005 MOU SECTION 9 - VACATION LEA VE .2 Vacation Accrual Rates. All employees shall accrue vacation credit as follows: Monthly Maximum Accrual Cumulative Lengthcif Service Hours Hours Under 11 years 10 240 11 years 10-2/3 2561 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13113 320 20 through 24 years 15-213 400 25 through 29 years 20 430 30 years and up 23-113 550 9 3 Accrual, During Leave Without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit 'during the absence. 9.4 Vacation Allowance for Separated Ern Icy ees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 9.5 Pro-rated Accruals. Employees in permanent pert-time and permanent-intermittent positions shall accrue vacation benefits on a prorated basis as provided in'Resolution' 81/1165, Section 32-2.005. CJSA M03MT. UNIT - 39 - 20 01 -- 2006 MOU SECTION 10- SICK LEAVE 9.6 Vacation Leave on Reemployment From a Layoff List. Employees with six months or more service in a permanent position prior to their layoff, who are employed from a layoff list, shall be considered as having completed six months tenure in a permanent position for . the purpose of vacation leave. The appointing authority or designee will advise the Auditor-Controller's Payroll Unit in each case where such vacation is authorized so that appropriate payroll system override actions can be taken. SECTION 10 - SICK LEAVE 10.1 Purpose. The purpose of paid sick leave is to insure employees against loss of pay for temporary absences from work due to illness or injury. Sick leave may be used only as authorized; it is not paid time off which--employees may use for personal activities. 10.2 Accrual. Sick leave credits accrue at the rate of eight (8) working hours credit for each completed month of service. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-tenth (1/10) hour. Unused sick leave credits accumulate from year to year. When an employee is separated, other than through retirement, accumulated sick leave credits shall be canceled, unless the separation results from layoff in which case the accumulated credits shall be restored if the employee is DSA MGMT. UNIT - 40 - 2001 ` 2005 MOU SECTION 10 SICK LEAVE reemployed in a permanent position within the period of his layoff eligibility. Upon retirement, an employee's accumulated sick leave shall be converted to retirement time on the basis of one (1 ) day of retirement service credit for each day of accumulated sick leave credit. Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: a An employee may use paid sick leave credits when the employee is off work because of a temporary illness or injury. b Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board subject to the conditions listed below. For the purposes of this Section 10 permanent disability shall mean the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which he or she is qualified by reason of education, training or experience. Sick leave credits may be used under this provision only when the following requirements are met: 1 . An application for retirement due to disability has been filed with the Retirement Board; and DSA MGMT. UNIT - 41 - 2001 - 2005 MOU SECTION 10 - SICK LEAVE 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. Every female employee shall be entitled to at least four (4) months leave of absence on account of pregnancy disability and to use available sick leave or vacation pay entitlements during such leave. 1 . Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical condition DSA MCMT. UNIT -42 - 2001 - 2005 MOU .. .vkA. :.... N............... ............... . �� ■ � # � �. � , e ■ e - m e � � � . ' ■ . ' � e . � � . : . _ $ $ � � . � e e ® � , e . . . $ � � � � _ _ f e -. e - . - f e e : � $ � ■ � �� a � � � : ■ , - , . f ■ . , e . ■ � - � . � � ± _ ■ � e� � ■ » � e � � � � � f e � . e � f ■ � � f ¥ � _ � - $ - . �e » � - � � . f � � ■ « - - e e 2 � e » e ■ e . � \ . f : � , $ � - , ■ ■ e e , ° e � of f ` � � � - � e � f - � � � e _ $ � e e ■ ■ ` � e � e - � ■ � a � � f ef � - , f , � � � e � f ■ ■ � e ■ < , # � � � e $ e ' e . - ■ e # ■ ® e , . � � - - f ' � e� e � � a $ � � e �' � ® ' � f � � � � � � ` f � # e f - . - � f ® ® . � ® � ® @f � ■ - e , e e , # � - ■ $� � = e _ a • e e 2 2� � � _ e _ e - ■ e - � � . f » e � : e e � � � - e , � f ■ ■ >e � � #. . . : e . ° � � � _ e � f, � v � ■ � � ee ^ tee ee � � � - � ■ � f - e � f $ � � $ a � ` a , e � � � � � - $ ¥ � � � � . e � � � . ' a a � . � � # e - f � - A $ #� �- - , ■ � e . ■ � �' e e � ' _ � � . � #� � � - � � � , � e e � . < . ' e : - , . $ $ - � � - e � � � * � � 2 - ■ \ $ � - ■ « . - � - � � e ■ �� ' _ ■ $ era . - , e . � � » . . f � < , f f � # � 2 . - . ® ■ . : $ : » . _ � � e � �§ � ® � ■ � < � $ « � � . ` � , . , , � ■ ■ � e SECTION 10 - SICK LEAVE and the projected date of the employee's recovery from such disability. e. Medical & Dental Appointments. An employee may use paid sick leave credits for medical and dental appointments as follows: 1 . For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time (not over forty (40) hours in each fiscal year) used by an employee for pre-scheduled medical and dental appointments for an immediate family member living in the employee's home and for children and parents who may reside outside of the employee's home. Such use of sick leave credits shall be accounted for by the department on a fiscal year basis. Any balance of the forty (40) hours remaining at the end of the fiscal year shall not be carried over to the next year; departments shall notify the employee if the maximum allowance is reached. Authorization to use sick leave for this purpose is contingent on availability of accumulated sick leave credits; it is not an additional allotment of sick leave which employees may charge. f. Emergency Care of Family. An employee may use paid sick leave for working time used in cases of illness, or injury to, an immediate family DSA MGMT. UNIT - 44 - 2001 - 2005 MOU ..:..:.......... _.:::.:::::::::.. SECTION 10- SICK LEAVE member living in the employee's home, or for children and parents who may reside outside of the employee's home. g. Death of Family Member. An employee may use said sick leave credits for absencefrom 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. h. Definition of Immediate Family. For the purposes of this Section 10 the immediate family shall be restricted to the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, father-in-law, mother-in-law, son-in- law, daughter-in-law, brother-in-law, sister-in-law or domestic partner of an employee. 10.3 Administration of Sick Leave. Accumulated paid sick leave credits may of be used in the following situations: a. Self-inflicted Injury. For time off from work for an employee's illness or injury caused by his or her willful misconduct. b'. Vacation. For an employee's illness or injury while the employee is on vacation except when extenuating circumstances exist and the appointing authority approves. CASA MGMT_ UNIT - AR - >nm _ ,>nng uni i SECTION 10 - SICK LEAVE C. Not in Pay Status. When the employee would otherwise be eligible to use paid sick leave credits but is not in a pay status. The proper administration of sick leave is a responsibility of the employee and the department head. Employees are responsible for notifying their respective division of an absence as early as possible prior to the commencement of their work shift and in accordance with divisional operational requirements. Notification shall include the reason and possible duration of the absence. Employees are responsible for keeping their department informed of their continuing condition and probable date of return to work. Employees are responsible for obtaining advance approval from their appointing authority or designee for the schedule time of prearranged personal or family medical and dental appointments. The use of sick leave may be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. To ascertain the propriety of claims against sick leave, the department head may make such investigations as he deems necessary including medical verification of illness. 10.4 Disability. A. An employee physically or mentally incapacitated for the performance of duty is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. An appointing authority after giving notice may place an employee on leave if the appointing authority DSA MGMT. UNIT - 46 - 2001 -- 2005 MOU . . � - � � ^ © � . � _ ` e , � # $ � _ . e ■ � � , ■ � - � - � � ■ - � # #� - 2 e � . e . . - � e ■ e � ■ - . � $ � of - ' e e - .� ee , e � ■ ` - - ° e $ _ e _ � « e . . � � . . . _ � � - $ � 2 - - $ ■ � ® � $ � ¥ � . � � � , ■ ee � � � . e ■ ° . . ` - � ® - � ` - $ $ ® • ' # � e . e ■ ■ �� e - ® ® ' � � e � e f � ` * - . . ■ � _ � $ . . ` f � ■ � � � ■ � � � e e - ' � # \ � f e . ■ . ■ � � � ■ � � ' - � $ e � f - . e � ■ ^ � � e e � � � $ e ' . ° f - � ee . f - ■ of ee � : e ' � ■ ' 3 � e � � � f � $ $ . � , ? $ � � - _ ■ � © � - . � ® - e ■ ■ e � m ■ ■ � . � � » ■ e2 � e ■ e � � � ■ f f . - _ � � $ e . ■ , � � @ � , \ � � . � f � , � � $ - ��. , �� � e e � , � e � e ; ■ e e � � - $ f ■ � , � �� ± , � � - . . $ $ � � � _ ■ � �� � � , � � � � $ e ■ � e ® ® � � � � � � � ■ � � - � $ � f e � ' . ■ � � f � e � $ - x � $ ® f � � � � e � # , � e � _ e , ■ e � . f � $ . . @ � e . . f � e � � ° � ® � ■ ■ e � . � a . e � � � � e 2 . . � . . ■ e . 3 � e - ° - © . � � f � � ■ � � . . e - � ■ e � \ *- - . . , � f ■ - e - ° $ ■ , � # � ■ � � � � - � $ � < � ■ . © _ ■ f e e f . e - # f - e e f - ? f � e . f � � � - _ . � ■ \ a � � # - # � ' ` � e . � � f - ee �- - ° - ■ e f � � �- ■ � � � _ � f ■ .. . e � e . . � � � . ® � ` § - \ $ e � e �� $ - - � e - e e e $ ee �. , - _ ■ ,� ■ , � �. , ■ ��� e. SECTION 10 - SICK LEAVE subject to the employee's duty to mitigate damages. D. Before an employee returns to work from any absence for illness or injury, other leave of absence or disability leave, exceeding two (2) weeks in duration, the appointing authority may order the employee to undergo at County expense a physical, medical, and/or psychiatric examination by a licensed physician or psychologist, and may consider a report of the findings on such examination. If the report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as he deems necessary in accordance with appropriate provisions of this MOU. E. Before an employee is placed on an unpaid leave of absence or suspended because of physical or mental incapacity under (A) or (B) above, the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or by certified mail, containing the following: 1 . a statement of the leave of absence or suspension proposed; 2. the proposed dates or duration of the leave or suspension which may be indeterminate until a certain physical or mental health DSA MGMT. UNIT - 48 - 2001 - 2005 MOU SECTION 90 SICK LEAVE condition has been attained by the employee; 3. a statement of the basis upon which the action is being taken; 4. a statement that the employee may review the materials upon which the action is taken; 5. a statement that the employee has until a specified date (not less than seven (7) work days from personal delivery or mailing of the notice) to respond to the appointing authority orally or in writing. F. Pending response to the notice the appointing authority for cause specified in writing may place the employee on a temporary leave of absence, with pay. G. The employee to whom the notice has been delivered or mailed shall have seven (7) work days to respond to the appointing authority either orally or in writing before the proposed action may be taken. H. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing stating specifically the basis upon which the action is being taken, delivering the order to the employee either personally or by certified DSA MMMT. UNIT - 49 - zan7 - 2005 Mou SECTION 10 - SICK LEAVE mail, effective either upon personal delivery or deposit in the U.S. Postal Service. 1. An employee who is placed on leave or suspended under this section may, within ten {1 U} calendar days after personal delivery or mailing to the employee of the order, appeal the order in writing through the Director of Human Resources to the Merit Board. Alternatively, the employee may file a written election with the Director of Human Resources waiving the employee's right to appeal to the Merit Board in favor of appeal to a Disability Review Arbitrator. J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator, the employee has the burden of proof to show that either: 1 . the physical or mental health condition cited by the appointing authority does not exist, or 2. the physical or mental health condition does exist, but it is not sufficient to prevent, preclude, or impair the employee's performance of duty, or is not sufficient to endanger the health or safety of the employee, other employees, or the public. K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the Director of Human Resources to the Merit Board for hearing under the Merit Board's Procedures, Section 1114-1128 inclusive. Medical reports submitted in DSA MGMT. UNIT - so - 200'1 - 2005 MGU SECTION 10- SICK LEAVE evidence in such hearings shall remain confidential information and shall not be a pert of the public record. L. If the appeal is to a Disability Review Arbitrator, the employee (and his representative) will meet with the County's representative to mutually select the Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a rehabilitation specialist, or'some other recognized specialist mutually selected by the parties. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator shall be binding on both the County and the employee. The scope of the Arbitrator's review shall be restricted as follows: 1 . Scooe of the Arbitrator's Review. a. The arbitrator may affirm, modify or revoke the leave of absence or suspension. b. The arbitrator may make his decision based only on evidence submitted by the County and the employee. c. The arbitrator may order back pay or paid sick leave credits for any period of leave of absence or suspension if the leave or suspension is found ' not to be sustainable, subject to the employee's duty to mitigate damages. DSA MGMT. UNIT - 5'1 - 2001 - 2005 MOU SECTION 10 - SICK LEAVE d. The arbitrator's fees and expenses shall be paid one-half by the County and one- half by the employee or employee's Association. 10.5 Workers' Compensation. A. State Labor Code 4850 Pay. Law enforcement officers as defined in State Labor Code 4850 who are members of the Contra Costa County Retirement System continue to receive full salary benefits in lieu of temporary disability during any absence from work which qualifies for Workers' Compensation benefits. Currently, the maximum 4850 pay is one (1 ) year for any injury or illness. To be eligible for this benefit the employee must be under the care of a physician. All 4850 pay shall be approved by the County Administrator's {office, Risk Management Division. B. Sick Leave and Vacation. Sick leave and vacation shall accrue in accordance with the provision of State Labor Code 4850. C. 4850 Pay Beyond One Year. If an injured employee remains eligible for Workers' Compensation temporary disability benefits beyond one (1 ) year, full salary will continue by integrating sick leave and/or vacation accruals with Workers' Compensation benefits (use of vacation accruals must be approved by the DSA MGMT. UNIT - 52 - 2001 - 2005 MOU SECTION 10- SICK LEAVE department and the employee). If salary integration is no longer available because accruals are exhausted, workers' Compensation benefits will be paid directly to the employee as prescribed by Workers' Compensation laws. D. rehabilitation In,te , r n. An injured employee who is eligible for Workers' Compensation rehabilitation temporary disability benefits and who has exhausted 4850 pay eligibility will continue to receive full salary by integrating sick leave and/or vacation accruals with Workers' Compensation rehabilitation temporary disability benefits. when these accruals are exhausted, the rehabilitation temporary disability benefits will be paid directly to the employee as prescribed by Workers' Compensation laws. E. Health Insurance. The County contribution to the employee's group insurance plan(s) continues during the 4850 pay period and during integration of sick leave or vacation with workers' Compensation benefits. F. Integration Formula. An employee's sick leave and/or vacation charges shall be calculated as follows: C = 8 [1 .. (w : )] C = Sick leave or vacation charge/day (in hrs.) W = Statutory Workers' Compensation per mo. S = Monthly salary DSA IVIGMT. UNIT - 53 - 2001 - 2005 MOU SECTION 11 - LEAVE OF ABSENCE 10.6 Accrual During Leave Without Pay. No employee who has been granted a leave without pay or an unpaid military leave shall accrue any sick leave credits during the time of such leave nor shall an employee who is absent without pay accrue sick leave credits during the absence. SECTION 11 - LEAVE OF ABSENCE 11 .1 Leave Without�P, ay_. Any employee who has permanent status in the classified service may be granted a leave of absence without pay upon written request, approved by the appointing authority, provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shall be granted Jn accordance with applicable state and federal law. 11.2 General Administration - Leaves of Absence. Requests for leave without pay shall be. made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request, the date when it is desired to begin the leave and the probable date of return. A. Leave without pay may be granted for up to one (1 ) year for any of the following reasons: 1 . Illness, disability, or serious health condition; 2. pregnancy or pregnancy disability; 3. family care; DSA MGMT. UNIT - 54 — 2001 — 2005 MOU .....................:. ::stat _ _.. ;... SECTION I I - LEAVE OF ABSENCE 4. to take a course of study such as will increase the employee's usefulness on return to the position; 5. for other reasons or circumstances acceptable to the appointing authority. B. An employee should request a leave of absence at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable. If the need is not foreseeable, the employee must provide written notice to the employer within five (5) days of learning of the event by which the need for a leave of absence arises. C. An appointing authority may extend such leave for additional periods. The procedure in granting extensions shall be the same as that in granting the original leave, provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave. 11.3 Familyare or Medical Leave. A. Definitions. For medical and family care leaves of absence under Section 15, the following definitions apply: 1 . Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee, or a child who is under eighteen (18) years of age for whom an employee stands in loco parentis or DSA MGMT. UNIT - 55 - 2001 - 2006 MOU ................................................... _ ......... ....__... ........ ......... ......... SECTION 11" - LEAVE OF ABSENCE for whom the employee is the guardian or conservator, or an adult dependent child of the employee. 2. Parent: A biological, foster, or adoptive parent, a stepparent, legal guardian, conservator, or other person standing in loco parentis to a child. 3. Spouse: A partner in marriage as defined in California Civil Code Section 4100. 4. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom the employee is not related and with whom the employee resides and shares the common necessities of life. 5. Serious Health Condition: An illness, injury, impairment, or physical or mental condition which involves either inpatient care in a hospital, hospice or residential health care facility or continuing treatment or continuing supervision by a health care provider (e.g. physician or surgeon) and which, for family care leave only, warrants the participation of a family member to provide care during a period of treatment or supervision, as defined by state and federal law. 6. Certification for Family Care Leave: A written communication to the employer from a health care provider of a person for whose care the DSA MGMT. UNIT - 66 - 2001 - 2005 MOU SECTION 11 - LEAVE OF ABSENCE Leave is being taken which need not identify the serious health condition involved, but shall contain: a. the date, if known, on which the serious health condition commenced; b. the probable duration of the condition; c. an estimate of the amount of time which the employee needs to render care or supervision; d. a statement that the serious health condition warrants the participation of a family member to provide care during period of treatment or supervision; e. if for intermittent leave or a reduced work schedule leave, the certification should indicate that the intermittent leave or reduced work schedule leave is necessary for the care of the individual or will assist in their recovery, and its expected duration. 7. Certification for Medical Leave: A written communication from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain: DSA IVICMT. UNIT - 57 - 2001 -- 2006 MOU .............................. SECTION '1 - LEAVE OF ABSENCE a. the date, if known, on which the serious health condition commenced; b. the probable duration of the condition; c. a statement that the employee is unable to perform the functions of the employee's job; d. if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced work schedule leave and its expected duration. 8. Comparable Positions: A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may have changed during an employee's leave. B. Effective January 1 , 2003, Section 11 .2 notwithstanding, upon request to the appointing authority, in each calendar year any employee who has permanent status, been employed by the County for at least twelve (12) months and who have worked at least 1250 hours in the DSA MGMT. UNIT - 58 - 2001 - 2005 MOU SECTION 11 - LEAVE OF ABSENCE previous 12 month period shall be entitled to, and shall be granted, at least twelve (12) weeks leave (less if so requested by the employee) for: 1 , medical leave of absence for the employee's own serious health condition which makes the employee unable to perform the functions of the employee's position; or 2. family care leave of absence without pay for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. The employee. may be asked to provide certification of the need for family care leave or medical leave. Additional period(s) of family care or medical leave may be granted by the appointing authority. Notwithstanding the above, the Sheriff may in his/her discretion, on a case by case basis, waive the 1250 hour requirement. C. Intermittent Use of Leave. The twelve (12) week entitlement may be in broken periods, intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations DSA MGMT. UNIT - 59 - 2001 ` 2005 MOU SECTION 11 - LEAVE OF ABSENCE surrounding the request for leave. The twelve (12) weeks may include use of appropriate available paid leave accruals when accruals are used to maintain pay status, but use of such accruals is not required beyond that specified in Section 11 .6.13 below. When paid leave accruals are used for a medical or family care leave, such time shall be counted as a part of the twelve (12) week entitlement. D. Use for Spouse. In the situation where husband and wife are both employed by the County, the family care or medical leave entitlement based on the birth, adoption or foster care of a child is twelve (12) weeks each during each calendar year period. 11.4 Pregnancv Disability Leave. Insofar as --pregnancy disability leave is used under Section 10.2.D - Sick Leave Utilization for Pregnancy Disability, that time will not be considered a part of the twelve (12) week family care leave period. 11 .5 Group Health Plan Coverage. A. During Leave of Absence. Employees who were members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by maintaining their employment in pay status as described in Section 11 .6. In order to maintain such coverage, employees are required to pay timely the full DSA MGMT. UNIT _ 60 - 2001 - 2005 MOU r4fill 1=01IFN ! SECTION 11 - LEAVE OF ABSENCE and accruals may not be used, except when required by SDI/Sick Leave Integration. B. Family Care or Medical Leave (FMLA). During the twelve (12) weeks of an approved medical or family care leave, if a portion of that leave will be on a leave of absence without pay, the employee will be required to use at least 0.1 hour of sick leave (if so entitled under Section 10 - Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements if such are available, although use of additional accruals is permitted under subsection A above. C. Sick leave accruals may not be used during any leave of absence, except as allowed under Section 10 - Sick Leave. 11.7 Military Leave. Any employee who is required to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall be granted a military leave for the period of such service, plus ninety (90) days. An employee who volunteers for such service shall be granted a leave of absence if necessary in accordance with applicable state or federal laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. DSA MGMT. UNIT - 62 - 200'1 - 2006 MOU A■ •I_. . � � ■ # � � , 2 ■ e � . - ■ � � l ® � - � , e < � $ - � � � � ■ , * � - « � � t , ® e \ , � � - - $ e - - # + ■ f � . e � - # � ` - e � _ � � .e � � . $ � � � � e ^ # � , ■ � e ' � ■ e � f e ■ e ■ � � 2 ■ e - � � � e : e e � ■ �� _ » e � � � � � # . � � � . 2 , : f ■ ■ e e ■ a # , - � - . e ® - - � � � ems : ■ � ■ f - $ , < - e � . � � �, e ■ � � - � of tee . f # e � : / - � « 2 - ® � ■ - � e � � � � ■ ° � � � - < - e ■ ` . ■ � e � e f e < ? _ e - � � � - ■ - $ � ® � � - � f ` # � �3 - � ■ f ; - 10 _ e � - e . . - ■ _ � - t « # ■ � ® � � � � ® f e e m - © + ° . e , f ■ - e - , ■ e e ■ � e _ � � - ■ � � - e ■ ee � - e � , ~ � e e . ef■ e � � , f: � e , `$ � � » e ' , $ � ■ � $ � < � ■ < � � f � e e f , « e � � \ e � e e � tee ■ e �� e ® , ■ $ $ � e � � e ` � , � � � © e $ - e _ � $ � ■ . fe $ � e $ ■ � � :- , : . & - , - e � .■ � f f � ' � � - . - ` � \ � � e 2 � � � � _ e � � ■ $ » � - e e - - � ■ . � , ! ■ ■ e SECTION 11 - LEAVE OF ABSENCE same department at the time the employee was granted a leave of absence, shall be reinstated to a position in that classification and department and then only on the basis of seniority. C. Leave of Absence Replacement. In case of severance from service or displacement by reason of the reinstatement of a permanent employee returning from a leave of absence, the provisions of Section 7 - Seniority, Workforce Reduction, Layoff, & Reassignment shall apply. D. Reinstatement From Family Care or Medical Leave of Absence. In the case of a family care or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or comparable position if the return to work is after no more than ninety (90) work days of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a Mull schedule is after no more than 720 hours, including use of accruals, of intermittent or reduced work schedule leave. At the time the original leave is approved, the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee on a schedule other than 5/40 shall have the time frame for DSA MCMT. UNIT - 64 - 2001 2005 MOU • • � ! i ., lw # • « . • # i # i • ' . # M ! * 1 .r # ' • IV 40 ' • # # # SECTION 12 - ,JURY DUTY AND WITNESS DUTY When called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. If summoned for jury duty in a Municipal, Superior, or Federal Court, or a Coroners jury, employees may remain in their regular County pay status, or they may take paid leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses paid to them. When an employee is summoned for jury duty selection or is selected as a juror in a Municipal, Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless-of shift assignment and the following shall apply: a. If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where it will be retained as a department record. No Absence/Overtime Record is required. b. An employee who. elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. No court certificate is required DSA MGNIT. UNIT - 66 - 200'1 - 2005 MOU t � � # # # ' . # # � ! # Or ` r # s # M� +M w # # # `. • ` # # M/ MIA' # ` 11 I a � ♦ # # ` � ! 4 ! 1 • _..... .............._. _. _. ......... ....._. ... .. ................................................................ . SECTION 93 - HEALTH, L1FE & DENTAL CARE Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in Section 16.1 above. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. SECTION 13 - HEALTH. LIFE & DENTAL _CARE 13.1 Health Plan. The County will provide group health benefits through the California. Public Employees' Retirement System (CalPERS) for all permanent full-time employees, and permanent part-time employees regularly, scheduled to work at least twenty (24) hours per week in classes represented by DSA. The CalPERS program, as regulated by the Public Employees' Medical and Hospital Care Act (PEMHCA), will control on all issues, including but not limited to eligibility, benefit levels and premium costs. DSA acknowledges that CalPERS Health Plan program benefits may not be equal to benefits previously available to their represented employees, and Consolidated Omnibus Budget Reconciliation Act (COBRA) counterparts DSA MGMT. UNIT - 68 - 2001 - 2005 MOU lwlw i • # i ' • r i "' i t • "" i t # ! # M # � � a Y i .. � i i ' • ' # • r ! i • � � i # � i ' � ! i r r r i # i .. • • • .r r O • # i # ! r i � ' r i • � . ' 11 ii • ................. ....._... .............................................................. ...... ................___.. _ _ ......... ......__. __ _._ ._...... .............................................................__. SECTION 13 - HEALTH, LIFE & DENTAL CARE Employee only: $142.98 Employee + one: $285.96 Employee + two or more: $371 .75 In the event, in whole or in part, that the above amounts are greater than one hundred percent (100%) of the applicable premium of any plan, the County's contribution will not exceed one hundred percent (100%) of the applicable plan premium. B. County's Contribution Effective January 1 2000 and January 1 , 2001. Subvention rates for the purposes of open enrollment in all PERS medical plans will be the dollar equivalent of eighty-seven percent (87%) of the PERS Kaiser premium at each level (employee only, employee + one, {employee + two or more). In the event, in whole or in part, that the above amounts are greater than one hundred percent (100%) of the applicable premium of any plan, the County's contribution will not exceed one hundred percent (1.00%) of the applicable plan premium. 13.4 Dental Program. The County will continue to offer the existing County group Dental Plans (Delta and Safeguard A & B) to all permanent employees in classes represented by the DSA. Effective January 1 , 2000, the County will terminate its contract with Safeguard A & B Dental and offer the Delta and PMI Delta Care Dental plans. LISA MGMT. UNIT - 70 - 2001 - 2005 MOU � r r ! ! - _... .. ..... ..... ......... .. ... ......... ............................................_.. _ _._. .._ .. ......... ....__ .......................... SECTION 13 - HEALTH, LIFE & CENTAL CARE costs, limitations and exclusions. The costs for the added benefit will be borne by each . enrolled Delta member whose eligibility for benefits is under DSA's program. Payment will be made by either payroll deduction or direct pay for those members not entitled to monthly payroll deductions. If Safeguard is eliminated without a replacement plan that includes an orthodontics option, the County will subvent the Delta Dental orthodontics option at 77%. 13.7 Rate information. The County Benefits Service Unit will make dental plan rate information and, to the extent possible, CalPERS health plan rate information available to employees and departments upon request. In addition, the County Benefits Service Unit will publish and distribute to employees and departments information about rate changes as they occur during. the year. 13.8 Life Insurance Program. The County will continue the existing County group $3000 Term Life Insurance Plan for all permanent employees in classes represented by DSA. Effective January 1 , 2000, the Term Life Insurance Plan shall be increased to $7500 for employees enrolled in either a health and/or dental plan. 13.9 Life Insurance Contribution. The County will pay the entire premium on behalf of permanent full-time and permanent part-time employees regularly scheduled to work at least twenty (20) hours per week who elect health and/or dental coverage. Permanent-intermittent, provisional and permanent part-time employees working less than twenty (20) hours per week may participate in DSA MGMT. UNIT - 72 - 2001 - 2005 MOU .....mNn.... .., ......... ..... ....... ryv __.... __ . . � ■ � y . � . k , . \� ¥ - � . . » \ .. fy � � , � � � � $ . . ■ ■ � ■ ■ - ■ - ■ e e ` e � 2 e � e ■ e - ` ■ ® « ' ® � 3 � � ■ ■ - f �. . � « < $ $ � . e # - $ e � e . m � e � e � � e e f f ` � - $ � ■ - . # \ .. � e . � . . e e . ■ �e � ' . $ � � � e $ � ` _ e , e � ^ � e f . � � _ - ■ � _ ■ � _ . ■ ■ \ � - . # : © . ■ � $ e � ■ - ` - ■ - $ � . . � � : e � . # � e � t � e � \ _ ■ �� � ¥ _ f ^ � $ ■ � f ?e � ■ : � <, � e � , : e � < ■ � . � * . � e ■ , � � - � � ■ e * f � � ' ■ � - e f ■ e - e $ � f - - � # � f - . � ■ � ® , � $ ■ � � $ . - e �. ■ � e . e � � e - ee � ■ ■ � $ $ a � # � ` ■ $ �� . . . , ; � . e - ■ � � � � � e � � � # � $ . � ■ � , � � ■ � ■ ® ` e ■ ® � � _ e . , e � . � ° f a e , � � - - ■ a f - _ f e f # � � , � � e < � � � � ■ . ■ f e � � e . - � . $ # � e � e ` � f ~ � $ $ « ■ . �$ . . ® - � f . � ■ # . a � . � � . • • ! ' # # ' Iwo low E # ! # s • • i # # at Iwo tir Mb 4 SECTION 13 - HEALTH, LIFE & DENTAL CARE retirement are permanently precluded from enrolling in any other CaIPERS or County health plan. 13.13 Dual Coverane. rin�l.��r.rir• irw�� A. Ca1PER5 Health Plan. Employees must adhere to the rules as established by CalPER . B. Cental Plans. 1 . In the event either of a husband or wife, who both work for the County, becomes ineligible for overage, the remaining eligible member shall be allowed to (a) enroll in a dental plan, if not currently enrolled, or {b} add the spouse and or dependent{s} to their existing plan coverage provided they do so within thirty {34} days of the date coverage is no longer afforded under the spouse's plan. 2. In the event a spouse who does not work for the County becomes ineligible for coverage, the County employee shall be allowed to enroll in a dental plan, if not currently enrolled, or add the spouse and or dependent{s} to their existing plan coverage provided they do so within thirty { o} days of the date coverage is no longer afforded under the spouse's plan and evidence of the termination of coverage is provided by the spouse's employer. SA MGMT. UNIT - 75 - 2001 -- 2005 MOU SECTION 93 - HEALTH, LIFE & DENTAL CARE 13.14 Employee Assistance P,�„ r,_ogram. Any County contract which provides an employee assistance program applicable to DSA represented employees, including the present contract with occupational Health Services, shall include the following language: "Records, including any information whether recorded or not, pertaining to the identity, diagnosis or treatment of any employee or the employee's family dependent(s) which are maintained in connection with the performance of this contract shall be confidential, even as to the employer, and disclosed only under the following circumstances: a. when disclosure is authorized with the written and signed consent of the employee or the family dependent(s). Such consent must state: 1 . the name of the person or organization to whom disclosure is to be mane, 2. the specific type of information to be disclosed; 3. the purpose or need for such disclosure. b. when an employee's records are subpoenaed and are not otherwise protected by professional privileged relationships, contractor will notify the employee whose records are subpoenaed immediately by phone, if possible, and in any event in writing as soon as possible. written communication shall inform the employee of his/her access to DSA for aid if he/she so DSA MGMT. UNIT - 76 - 2001 - 2006 MOU SECTION 13 - HEALTH, EIDE & DENTAL CARE desires. Contractor will cooperate with employee and/or his legal representative in asserting confidentiality. Subpoenaed records will only be turned over after a court order. The employer bears no responsibility under this paragraph. C. Contractor agrees to operate a system of records on individuals in accordance with all State and Federal laws pertaining to the confidentiality of alcohol, drug, and mental health records and the Federal Privacy Act of 1974. d The Association is a third-party beneficiary." 13.15 _Health Care Spend_q, Account.' Effective January 1 , 1997, the County will offer regular full-time and part-time (20/40 or greater) County employees the option to participate in a Health Care Spending Account (HCSA) Program designed to qualify for tax savings under Section 15 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre-determined amount of money from their paycheck, net to exceed $2400 per year, for health care expenses not reimbursed by any other health benefits plan with before-tax dollars. Effective January 1 , 2000, the amount employees may set aside from their' paycheck shall be increased from $2400 to $3000 per year. HCSA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance cannot be recovered by the employee. DSA MGMT. UNIT - 77 - 2001 - 2005 MOU SECTION 14 - PROBATIONARY PERIOD The County will continue to offer employees the option to participate in the existing Countywide DCAP and premium conversion programs. SECTION 14 - PROBATIONARY PERIOD 14.1 Revised Probationary Period. When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 14.2 Criteria. The probationary period shall commence from the date of appointment. It shall not include time served in provisional or temporary appointments or any period of continuous absence exceeding fifteen (15) calendar days, except as otherwise provided in the Personnel Management Regulations or by law. For those employees appointed to permanent-intermittent positions with a six (6) months probation period, probation will be considered completed upon serving one thousand (1 ,000) hours after appointment except that in no instance will this period be less than six (6) calendar months from the beginning of probation. If a permanent-intermittent probationary employee is reassigned to full-time, credit toward probation completion in the full-time position shall be prorated on the basis of one hundred seventy-three (173) hours per month. 14.3 Rejection During Trobation. An employee who is rejected during the probation period and restored to the DSA MGMT. UNIT - 78 - 2001 -- 2005 MOU ..:. SECTION 14 - PROBATIONARY PERIOD eligible list shall begin a new probationary period if subsequently certified and appointed. A. Appeal from rejection. Notwithstanding any other previsions 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, association activities, or race, color, national origin, sex, age, disability or sexual orientation. B. The appeal must be written, must be signed by the employee and set forth the grounds and facts by which it is claimed that grounds for appeal exist under subsection (A) and must be filed through the Director of Human Resources to the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery to the employee of notice of rejection. 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, DSA MCMT. UNIT - 79 - 2009 2005 MOU • 40i # ! .. # i # .. # ' # • # . I # � r • ` • ` i i i "" r r ` . i r i r • . i i ,� iii i i • - i r r ` • r ` r i • r "` � "` ` moi • • • r *WV �► lw 10 40 _ • r • • r � r r - r . ` i .. • • "" it i • i '" , • ri ' � i . i ` ri • r � • • ri i ! ` r . i _ . r ri i ! • "" ' r i i � i1 tR i SECTION 15 - GENERAL TERMS & CONDITIONS OF EMPLOYMENT/MANAGEMENT BENEFITS department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. SECTION 15 - GENERAL TERNS. & CONDITIONS OF EMPLOYMENT/MANAGEMENT BENEFITS 15.1 Incentives A. Management 2.5% Longevity Pay Plan. Employees who have completed ten (10) years of service for the County shall receive a 2.5% longevity differential. For purposes of determining ten (10) years of service for this differential, the records utilized for service award purposes will control. B. _Deferred Compensation Incentive. The County's supplemental contribution to employees who participate in the County's Deferred Compensation Play will be forty dollars ($40) per month. To be eligible for this incentive supplement, employees must first contribute a Base Contribution Amount to the deferred -compensation plan as follows: DSA NIGMT. UNIT - 82 - 2001 - 2005 MOU ........ ........... -........:,'N,J,0,0„Z%+,.IXW'.MdOb'{. .wYnu..e::v:..w+.w.uv+._wnt K.......:x:::.::......... •;r;..w.;.:H:.w.x...w.ww....::........:.:.;:--.:... ..-...+.w>..ti',_:_'S{ti{tMhyti!{:J{x.;,,rmwd[. y..:r; SECTION 15- GENERAL TERMS & CONDITIONS OF EMPLOYMENT/MANAGEMENT BENEFITS Monthly Base Current contribution Amt. Monthly Qualifying Base for Maintaining Sam Contribution Amt. Program Eligibility 2,500 & below 250 50' 2501 - 3334 500 50 3335 - 4167 750 50 4168 - 5000 1000 50' 5001 - 5834 1500 100 5835 - 6667 2000 100 6668 & above 2250 100 Employees with a break in deferred compensation contributions because of either an approved medical leave or approved financial hardship withdrawal, shall not be required to reestablish eligibility. Further, employees who lose eligibility due to budgetary constraints but maintain contributions at the required level and later return to an eligible position, shall not be required to reestablish eligibility. X5.2 Differentials. A Longevity . Differential for Law Enforcement Management. Upon completion of fifteen (15) years sworn service, employees shall be eligible for a five percent (5%) base salary differential. B. Bilingual Pay Differential. A salary differential of sixty-five dollars ($65.00) per month shall be paid .incumbents of positions requiringbilingual proficiency as designated by the Appointing Authority and the Director of Human Resources. Said differential shall be prorated for employees DSA MGMT. UNIT - 83 - 200'1 — 2005 MOU SECTION'15- GENERAL TERMS & CONDITIONS OF EMPLOYMENTIMANAGEMENT BENEFITS working less than full time and/or on an unpaid leave of absence during any given month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. The Association shall be notified when such designations are made. C. Any Lieutenant who is directed to work in an on- call status in support of the officer of the Day Program shall receive fifty dollars ($50) per day,. not to exceed three hundred dollars ($300) per week, for the period assigned to work in an on- call status. D. Sheriffs' Administrative Differential. Effective February 1 , 1991 , the , Sheriff-Coroner was authorized to enter into agreements with contract cities who have a Lieutenant assigned as the Chief of Police, to pay a monthly administrative differential, reimbursed by the individual city, in an amount equal to one-half the percentage differential between top step Lieutenant and top step Captain. Lieutenants who are eligible to receive this administrative differential shall do so in lieu of any other watch-stander differentials for which they may be eligible. 15.3 Leaves & Pay for Time Not Worked A. Annual Management ment Administrative Leave. All permanent full time sworn management DSA MGMT. UNIT - 84 - 2001 - 2005 MOU