The URL can be used to link to this page

Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-646 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 1, 2002, bythe following vote: AYES: Supervisors Uilcna, DeSwhAer, Glover and Gioia NOES: None ABSENT: None A,3STAIN: Rvervi.sor Gerber* Resolution No. 2002/ Subject: Xlopt the Memorandum of Understanding) W-Ith the District Attorney Investigators' ) &sociation ) BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the Memorandum of Understanding (MOU) [copy attached and included as part of this document] between Contra Costa County and the District Attorney Investigators' Asociation -jointly signed by Kathy Ito, Labor Relations Manager, and Karen Moore, the District Attorney Investigators' Association President - regarding economic terms and conditions for October 1, 2001 through September 30, 2005 for those classifications represented by that employee organization. In, lieu of a retroactive pay calculation requiring special payroll processing back to April 1, 2002, the County will make a lump sum payment to each eligible employee, without back interest, for the months of April 1, 2002 through September 30, 2002 computed as follows: Erftpioyee regular pay, hourly based earnings including overtime pay and other earnings computed as a percentage Of case pay will be added together for each applicable pay period to determine appropriate pay base. This base wi'l be multiplied by two percent(2%). The payment amount thus computed,will be added to the employee's November 10, 2002 paycheck where it will be listed as"LUMP SUM PAY"and will be subject to required deductions such as taxes and retirement. Any employee believing there is an underpayment resulting from this methodology exceeding fifty dollars($50.00), moy contact their Department personnel officer. The Auditor-Controller's office will investigate and issue the additional pay, if owed, as soon as possible. 'See, attacbed.. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown: ATTESTED: October 1, 2002 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By Deputy Contact:Human Resources Department(Kathylto 5-1785) W, Labor Relations Unit Personnel Services Unit Audltor-Controller County counsel Karen Moore,DATA ADDENDUM TO ITEM D.3 — October 1, 2002 Supervisor Gerber made the following statement. "Mr. 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 r s' i MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND DISTRICT ATTORNEY INVESTIGATORS' ASSOCIATION This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Board of Supervisors Resolution 81/1165 and has been jointly prepared by the parties, The Employee Relations Officer (County Administrator) is the representative of Contra Costa County. in employer- employee relations matters as provided in Board of Supervisors Resolution 81/1165, Section 34-3.012. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in . units in which the Association is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on' all matters relating to the employment conditions and employer-employee relations covering such employees. This MCU shall be presented to the Contra Costa County Beard of Supervisors, as the governing beard of the County and appropriate fire districts, as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 1 , 2001 and ending September 30, 2005. DEFINITIONS Special provisions and restrictions pertaining to Project employees covered by this MOU are contained in Attachment A which is attached hereto and made a part hereof. DEFINITIONS Appointing Authority: Department Head unless otherwise provided by statute or ordinance. Association: District Attorney Investigators' Association. Class: A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class. 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. DATA - 2 - 2001-2005 MOU DEFINITIONS Director of Human Resources: The person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. Eligible: Any person whose name is on an employment or reemployment or layoff list for a given classification. Empigye+e: A person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this MOU and whose position is held pending his/her return. Employment List: A list of persons who have been found qualified for employment in a specific class. Layoff List: A list of persons who have occupied positions allocated to a class in the Merit System and who have been involuntarily separated by layoff, displacement, or demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement, or have transferred in lieu of layoff or displacement. Permanent-Intermittent Position: Any position which requires the services of an incumbent for an indefinite period but on an intermittent basis, as needed, paid on an hourly basis. Permanent Part-Time Position: Any position which will require the services of an incumbent for an indefinite period but on a regularly scheduled less than full time basis. Permanent Position: Any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. DATA - 3 - 2001-2005 MOU DEFINITIONS Proiect Employee: An employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenues. Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under "Transfer" or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classes. Position: The assigned duties and responsibilities calling for the regular full time, part-time or intermittent employment of a person. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five (5) percent of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. Reclassification: The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position. Reemployment List: A list of persons, who have occupied positions allocated to any class in the merit system and, who have voluntarily separated and are qualified for consideration DATA - 4 - 2001-2005 MOU SECTION 1 - ASSOCIATION RECOGNITION for reappointment under the Personnel Management Regulations governing reemployment. Reskmation: The voluntary termination of permanent service with the County from a position in the merit system. Temporary Employment: Any employment in the merit system which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Transfer: The change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that is within five percent (5%) at top step as the class previously occupied by the employee. SECTION 1 - ASSOCIATION RECOGNITION The Association is the formally recognized employee organization for the District Attorney Investigators' Unit, and such organization has been certified as such pursuant to Chapter 34-12 of Board Resolution 81/1165. SECTION 2 - ASSOCIATION SECURITY 2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution 8111165 only a majority representative may have dues deduction and as such the Association has the DATA - 5 - 2081-2005 MOU SECTION 2 - ASSOCIATION SECURITY exclusive privilege of dues deduction for all members in its unit. Dues deduction shall be based on the voluntary written authorization of the employee which shall remain in effect so long as the employee remains in a unit represented by the Association unless such authorization is canceled in writing by the employee in accordance with the provisions set forth in Section 2.4. The dues deduction shall be for a specified amount and uniform between members of the Association. The Association shall indemnify, defend, and hold the County harmless against any claims made and against any suit instituted against the County on account of dues deduction. The Association shall refund to the County any amounts paid to it in error upon presentation of supporting evidence. 2.2 Dues Authorization Form. Employees hired in classifications assigned to units represented by the Association shall as a condition of employment at the time of employment complete an Association dues authorization form provided by the Association and shall have deducted from their paychecks the membership dues of the Association. Said employees shall have thirty (30) days from the date of hire to decide if he/she does not want to become a member of the Association. Such decision not to become a member of the Association must be made in writing to the Auditor-Controller with a copy to the Employee Relations Division within said thirty (30) day period. If the employee decides not to become a member of the Association any Association dues previously deducted from the employee's paycheck shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent DAIA - 6 - 2001-2005 MOU R R # . ! # ! R ! R ! . * 1 . r R • ! ! ' ! ! R ! ' ! op SECTION 2 - ASSOCIATION SECURITY discontinuance of dues payments to then be reflected in the October 10, 2005 paycheck. Immediately upon the close of the above mentioned thirty (30) day period the Auditor- Controller shall submit to the Association a list of the employees who have rescinded their authorization for dues deduction. 2.5 Communicating With Employees. The Association shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in which there are employees represented by the Association, provided the communications displayed have to do with official organization business such as times and places of meetings and further provided that the Association appropriately posts and removes the information. The department head reserves the right to remove objectionable materials after notification to and discussion with the Association. Representatives of the Association, not on County time, shall be permitted to place a supply of employee literature at specific locations in County buildings if arranged through the Employee Relations Officer; said representatives may distribute employee organization literature in work areas (except work areas not open to the public) if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on duty employees. The Association shall be allowed access to work locations in which it represents employees for the following purposes: DATA - 8 - 2001-2005 MOU ..................................................... SECTION 2 - ASSOCIATION SECURITY a. to post literature on bulletin boards; b. to arrange for use of a meeting room; C. to leave and/or distribute a supply of literature as indicated above; d. to represent an employee on a grievance, and/or to contact 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. 26 Use of County Buildings. The Association shall be allowed the use of areas normally used for meeting purposes for meetings of-County employees during non'-work hours when: a. Such space is available and its use by the Association is scheduled twenty-four (24) hours in advance; b. There is no additional cost to the County; C. It does not interfere with normal County operations; d. Employees in attendance are not on duty and are not scheduled for duty; DATA 9 2001-2005 MOU SECTION Z - ASSOCIATION SECURITY e. The meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Association shall maintain proper order at the meeting, and see that the space is left in a clean and orderly condition. The use of County equipment (other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards) is prohibited, even though it may be present in the meeting area. 2.7 Advance Notice. The Association shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions designated by the Board, and to meet with the body considering the matter. The listing of an item on a public agenda, or the mailing of a copy of a proposal at least seventy-two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four (24) hours before the item will be heard, shall constitute notice. In cases of emergency when the Board, or boards and commissions designated by the Board determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. DATA - 10 - 2001-2005 MOU ................................................ r ! ♦ '� ! w i ! A i . 00 ` ! ! ! ! ! i i ! ! SECTION 3 - NO DISCRIMINATION SECTION 3 - NO DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, sex, sexual orientation or Association activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established for a position or from carrying out the duties of the position safely. SECTION 4 — OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings Employees designated as official representatives of the Association shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: a. If their attendance is required by the County at a specific meeting; b. if their attendance is sought by a hearing body or presentation of testimony or other reasons; C. if their attendance is required for meeting{s} scheduled at reasonable times agreeable to all parties required for settlement of grievances filed pursuant to Section 22 - Grievance Procedure of this MOU; DATA - 12 - 2001-2005 MOU - _...... . � � e , ■ � Z - - - . . . � < � e ® , �` e ' � e , ' e � � e � f � � . 2 � # � ® � � � \ � - . - , � \ - � � , e , e - � ' , , _ , � � � . _ � $ . , � , $ . �$ _ . � _ � - � e ■ �- - e e - � ¥ e � , - ■ �■ e ® e f - f . e , - � - e � e , � ® , a ■ � e ® ' � _ e - - � e ® e � e _ . ® f � - ■ - � $ , - e _ � ee - � e ` � . e � ■ - � - - , ® e \ t � e � �§ e � e � , � -� ■ - - _ e� $ � e t - , . e _ �. - - e $ ' , e . e tee - � , � � � e e � ■ � e � e : � � _ » � - � e _ - » , e - � � e � - ¥ _ . . $ � � - - .e e ? - f � \e , . e e � e � ' � , - _ e - . � ® , e # e $ _ ` $ -. ■ � � f � - _ e e � $ . � e � � , e � ¥ e � , e 2 � . � � � . � - - e - ■ ■ � e - e � ■ � - e , : ' - - e , � � e � e , : . � f ee �- ` . -.e - e ' � ® - e � . � e - - � � � - � � ¥ e . - � ® �■ \ . ■ � � e e e , e e � e �� e ' e ' e � . � � � � � e - ° e ■ - ¥ ® - e , e ' � � � � ® ® _ ® � : @ - e �' .. � f � , . - e � ■ . � � � e � � - . -. $ , $ . . � . . e � � ■ $ ` , e - ■ - e e e ■ f ' ■ ■ . e � e � v e ^ ? e ■ . . � � e , T - e , � e . e � - � e � $ eee � � � e . e < � e . � - � � ee < � � ¥ _ _ ■ . � ° - � e e - � , , ■ f . - � . . $ _ . $ � $ , $ . � ■ - - �_ e . � � e � e ® ■ . _ - � � e - e . ■ ' � � ■ ■ , � � e SECTION 5 - SALARIES representatives shall not exceed two (2) without prior approval of the department and the Employee Relations Manager, and that advance arrangements for the time away from the work station or assignment are made with the appropriate department head or his designee. 4.3 Release Time for Training. The County shall provide the Association a maximum of eight (8) total hours per year of release time for Association designated officers to attend Association sponsored training programs. Requests for release time shall be provided in writing to the Department and County Human Resources Department at least fifteen (15) days in advance of the time requested. The Department Head will reasonably consider each request and notify the affected employee whether such request is approved, within one (1 ) week of receipt. SECTION 5 - SALARIES 5.1 General Wade Increases. Wages. 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) DATA - 14 - 2001-2005 MOU r . . r f ! • ! ! ! f ! IV M M w w lw # w OWP w w w w # # w w # # w w # w # A # lw w w l } 1 1 i 1 t • # OF inn w 41 f # 00 M ` • • r • . • • • f • ! r A • f • � • • ' f • � ill • • ' • • . ` • ` • r r w # • # • • • ' • i ` • • • # • f 1 11014j,Loll SECTION 5 - SALARIES 5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary in the same ratio to the full , time monthly rate to which the employee would be entitled as a full time employee under the provisions of this Section 5 as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full time work schedule of the department. 5.6 Compensation for Portion _ of Month. Any employee who works less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis. 5.7 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was reclassified, shall be paid at the same step of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a class which is allocated to a lower range of the basic salary schedule shall continue to receive the same salary as before the reclassification, but if such salary is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new classification. The salary of an incumbent of a position which is reclassified DATA - 18 - 2001-2005 MOU --------------- . . . . � • . � - $ , e , ■ e � ■ Z ■ f e f � - � �$ - # . f ° ■ f $ ■ e e � ■ f & . ' � - e . � . e - ee � � e e � ■ ■ \ ■ . $ < » _ $ ■ . » _ a ® ■ e \a & , $ - . � °, � � . . - _ � ■ of - _ - . � e ■ - - ® .. - ® ® ® - e - ■ f e . » ■ � fe f 3 ■ � e . � e . � - : : �� - f � � # f $ ■ - � � $ � ® � - \ - e . - . . � � _ ■ f � � eef ' . ._ < - . - . e w § : _ ■ - ■ . � e , f e f f , ■ . , e § ee . ' . - - $ � e ■ - - e � . ■ ■ � . . - e , ` - ■ ■ - � « ® _ « . . . . � » - ' ■ - - _ � . , � � � � e ■ ' e - � � e < , ^■ $ f e e . � e e f ■ e , a � ee , f ~ _ _ f e e � - $ f e ■ - 2 � fe � . f : , ' ^ \ . - $ ■ - . ■ - e 2 - : - ■ - ® e _ do _ ` � f ■ ° ■ 2 , _ . . f ■ . ` � ■ � � e � - e - : » _ � lf � - e ■ f . � � - ef � # ` e � � � . , ■ e � fes . . ■ f . ■ � ■ ■ e - ' _ e � f ■ � ° « < � , . ■ * e � � # e $ . - ® # ■ - f , ■ � '.e � ' _ .2 a e , . � . � - a e - ■ - � - - e � ■ � f ' f « - . . � � ■ . � � , ■ - e e ee , f , , , , . , ■ ■ ■ ■ SECTION 5 - SALARIES rates as the old range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range, or if the new range does not contain a higher step, at the step which is next lower than the salary received in the old range. C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as above or below the salary range of the employee's previous class, the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the incumbent shall be placed at the step which is next lower than the salary received in the old range. D. In the event of reallocation to a deep class, the provisions of the deep class resolution and incumbent salary allocations, if any, shall supersede this Section 5.8. 5.9 Salary on Promotion. Any employee who is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided under Section 5.12 — Transfer shall receive the salary in the new salary range which is next higher than the rate received DAIA - 20 - 2001-2006 MOU t I • • • • • Z */ # owl OF i i • i i - - i w w i w • • f •i # # • i OP ` • • i ` • • ` • i ! • SECTION 5 - SALARIES which he/she has been demoted, all within-range increments having been granted. 5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a position in a class having a salary schedule lower than that of the class from which he/she demotes, his/her salary shall remain the same if the steps in his/her new (demoted) salary range permit, and if not, the new salary shall be set at the step next below former salary. 5.12 Transfer. An employee who is transferred from one position to another as described under "Transfer' shall be placed at the step in the salary range of the new class which equals the rate of pay received before the transfer. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the employee shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the employee shall be placed at the step which is next lower than the salary received in the old range. If the transfer is to a deep class, the provisions of the deep class resolution on salary of transfers, if any, shall apply in lieu of the above provisions. 5.13 Pav for Work in Higher Classification. When an employee in a permanent position in the merit system is required to work in a classification for which the compensation is greater than that to which the employee is regularly assigned, the employee shall receive compensation for such work at the rate of pay established for the higher classification pursuant to Section 5.9 _ Salary on Promotion DATA - 22 - 2001-2005 MOU SECTION 5 - SALARIES of this MOU, commencing on the thirty-first (31st) work day of the assignment, under the following conditions: 1 The employee is assigned to a program, service, or activity established by the Board of Supervisors which is reflected in an authorized position which has been classified and assigned to the Salary Schedule. 2. The nature of the departmental assignment is such that the employee in the lower classification becomes fully responsible for the duties of the position of the higher classification. 3. Employee selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. 4. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this Memorandum. 5. The appropriate authorization form has been submitted by the Department Head and approved by the County Administrator. 6 Higher pay assignments shall not exceed six (6) months except through reauthorization. 7. if approval is granted for pay for work in a higher classification and the assignment is terminated and later reapproved for the same employee within DATA - 23 - 2001-2005 MOU SECTION 5 - SALARIES thirty (30) days no additional waiting period will be required. 3. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential) accruing to the employee in his/her permanent position shall continue, unless the employee is no longer performing the duties which warrant the differentials. 9. During the period of work for higher pay in a higher classification, an employee will retain his/her permanent classification, and anniversary and salary review dates will be determined by time in that classification. 10. Allowable overtime pay, shift differentials and/or work location differentials will be paid on the basis of the rate of pay for the higher class. 5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided, however, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each month, draw his/her warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less (at the option of the employee) of the employee's basic salary of the previous month except that it shall not DATA - 24 - 2001-2005 MOU __. \ � ° ■ � ■ � � � ■ � � . ■ � ' . _ ~f ■ ® \ f � @ � ' e � f e e - ■ : $ $ � $ - $ e � . $ . � �$ � � . « - e : � � , ■ . . $ � � f $ ■ y . . � � - f . . . . � $ < . � ■ � � $ � � � � ■ � � � � e _ ■ - _ ■ , e ■ e . ■ f . ■ $ ^ ■ $ - e � » � » f . ■ � , , , � � $ � � . , of e ® - � � . - ■ � � 2 � « � e ' � ■ ■ e ■ � ` # ' � $ � � ® � � a � . . � �� - ® � � ■ , - - # _ e # . e ® _ � $ � _ � a - $ � . . � $ - ■ � � e . . . \ � , of tip 40 � � � $ e , < « � � ' ■ $ � � ■ . . ■ ■ @ ■ lk IL - e . . , e � . .ff � $� \ e . - ■ @ � - ? e � ® @ . � ■ ef . - � . � � . $ � _ � C e e � ■ < $ $ � � ■ � ems » � � � � � � � � _ ■ f ■ » � f ~ � + e - a - � , # § ? # � � � � � $ , f � ■ � ` ? � ■ � ■ � e _ � , e � � �e � . - ` . t � « $ , _ � : � � . . � � . . . � ■ � � - � � - e � � � - � : � � - - � � � . , ■ � e � ■ � ' $ ■ . ~ $ f � - e ¥ � $ � � $ $ � < . # ■ � r ■ ■ : � e SECTION 7- OVERTIME AND COMPENSATORY TIME SECTION 7 - OVERTIME AND COMPENSATORY TIME 7.1 Overtime. overtime is any authorized work performed in excess of forty (40) hours per week or eight (8) hours per day. All overtime shall be compensated for at the rate of one and one-half (1-112) times the employee's base rate of pay (not including shift and other special differentials). Overtime for permanent employees is earned and credited in a minimum of one-tenth hour (6 minute) increments. 7.2 Compensatory Time. The following provisions shall apply: a. Employees may elect to accrue compensatory time off in lieu of overtime pay. Eligible employees must notify the department head or his designee of their intention to accrue compensatory time off or to receive overtime pay: b. Employees who become eligible for compensatory time off in accordance with these guidelines must elect to accrue compensatory time or they will be paid for authorized overtime hours worked. C. Compensatory time off shall be accrued at the rate of one and ane-half (1-112) times the actual authorized overtime hours worked by the employee. d. Employees may not accrue a compensatory time off balance that exceeds one hundred twenty (120) hours. Once the maximum balance has been attained, authorized overtime hours will be paid at the overtime rate. If the employee's balance falls DATA - 26 - 2001-2005 MOU . � �■ � ■ - � . . ■ ■ � - . � . ■ ' � � ■ ® e . e - � � e � e � ` � . $ e � � - - � e e � f , , e , , � - .e e - . , e � � � ® e e _ # - e e ' . 3 # � e - $ � � - � # e - - � � e � � � ° - , e _ �2 , - « e - $ - e . f � � $ e � � � � fe � e e ' ,� e . - e � of � ` e e . - e § � - � - _ - _ e � - f � e e eke � . e , fie - � � - � ' e �$ $ f , e . - � . ■ ¥ � ` � e ® � : - 2 ■ ■ ® � e me 2 $ ■ . � � ee - � � � � e . . ' e ' . � , e - . e - e � ® � @ ■ . � e ■ e - ? , e � - e � , � . , - _ � e � e $ � ' . $ e � - § - e , � - # .a � e ` � , .e � - e � 2 , $ f e � . . , _ e - - � � a - � . - - � � - $ f$ _ � - _ � - - , e e e ' e - - , � e � - - � � e e - - ■ e - _ �e � � - e � e � - , �- . � - - - e ■ f ' e e $ � - e , - e ■ , e _ � e $ <- - e . ■ . e e - ' $ ■ - e - - - e � � - e - e ' - e - � f e , � - e . e . e f � , � .$ � � f - . . ¥ � - e e e 2 ■ e - e . e # e � , « ' � , f ® - - ■ . � ` e e - $ - ■ - � \ � � - � e e e 2 of ■ - , . � - - . . e � - f $ ■ e f e � e �� e _ � � �- � e � e f . � � � , ■ - ■ e - ■ � . ■ � # - . , e � § - e .e � e � ' , . \ .- ® ' ® � T e � ■ e ' � � . e � � � e . � ' � - ems ■ _ \ ® . - 2 ee ` - � � 2 - e e � e - . _ ■ � � � e ■ , - . - ems . , - e e � , @ \ - ` � � ee f ' ■ " ` . , ■ � „ e � SECTION 7- OVERTIME AND COMPENSATORY TIME L Compensatory time accrual balances will be paid off when an employee moves from one department to another through promotion, demotion or transfer. Said payoff will be made in accordance with the provisions and salary of the class from which the employee is promoting, demoting or transferring as set forth in j. below. j• Since employees accrue compensatory time off at the rate of one and ane-half (1-1/2) hours for each hour of authorized overtime worked, accrued compensatory time balances will be paid off at the straight time rate (two-thirds 2/3 the overtime rate) for the employee's current salary whenever: I . the employee separates from County service; 2. the employee retires. k. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this Section. 7.3 Court Appearance Overtime. The County agrees to provide a minimum of four (4) hours overtime credit when in the line of duty employees in the classes of District Attorney Inspector and District Attorney Senior Inspector are required to attend a duly constituted judicial proceeding on his or her regularly scheduled day off. DAIA - 28 - 2001-2005 MOU • • , • i � � i ` i • .. i ` '� ' � - ii i i i i i ' i i i i - • w • i i i - ' i i "" � i i i i i � ' i i . i M * � � � � i i i • ' i i i f ,: fi i - i i ,� .. i tt . � i i ,. ' i ! f i � i � � s " • ! � i • • • � i .� ' ! � i i " i i ! i i � ' ' • '" • • ii i i ' • �, - • - i i - i " . • - i i i • i • ' i . • M ii � ' i i i ' ! li i • � � 11 11 i An employee who is called back after normal working hours shall be paid a minimum of two(2)hours at the appropriate rate for each call back. Employees who are assigned in writing to on-call status will be compensated at the rate of $250 per week. SECTION 10 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT 10.1 Workforce Reduction. In the event that funding reductions or shortfalls in funding occur in a department or are expected, which may result in layoffs, the department will notify the Association and take the following actions: a. Identify the classifications) in which position reductions may be required due to funding reductions or shortfalls. b. Advise employees in those classifications that position reductions may occur in their classifications. C. Accept voluntary leaves of absence from employees in those classifications which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. d. Approve requests for reduction in hours, lateral transfers, and voluntary demotions to vacant, funded positions in classes not scheduled for DATA - 30 - 2001-2005 MOU SECTION 10 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT layoffs within the department, as well as to other departments not experiencing funding reductions or shortfalls when it is a viable operational alternative for the department(s). e. Review various alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team program (TET) to: 1 . Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. 2. Determine if there are other positions to which employees may be transferred. 3. Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4. Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. g. When it appears to the Department Head and/or Labor Relations Manager that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit, the Labor Relations Manager shall notify the Association of the possibility of such layoffs and DAIA - 31 - 2001-2005 MOU SECTION 10 SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT shall meet and confer with the Association regarding the implementation of the action. 10.2 Separation Through Layoff A. Grounds for Lavoff. Any employee(s) having permanent status in position(s) in the merit service may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). B. Order of Layoff. The order of layoff in a department shall be based on inverse seniority in the class of positions, the employee in that department with least seniority being laid off first and so on. C. Layoff By Displacement. 1 . In the Same -Class. A laid off permanent full time employee may displace an employee in the department having less seniority in the same class ,who occupies a permanent- intermittent or permanent part-time position, the least senior employee being displaced first. 2. In the Same Level or Lower Class. A laid off or displaced employee who had achieved permanent status in a class at the same or lower salary level as determined by the salary schedule in effect at the time of layoff may DATA - 32 - 2001-2005 MOU ............ SECTION 10 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT displace within the department and in the class of an employee having less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. D. Particular Rules on Displacing. 1 . Permanent-intermittent and permanent part- time employees may displace only employees holding permanent positions of the same type respectively. 2. A permanent full time employee may displace any intermittent or part-time employee with less seniority 1 ) in the same class or, 2) in a class of the same or lower salary level if no full time employee in a class at the same or lower salary level has less seniority than the displacing employees. 3. Former permanent full time employees who have voluntarily become permanent part-time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Director of Human Resources or designee retain their permanent full time employee seniority rights for layoff purposes only and may in a Inter layoff displace a full time employee with less seniority as provided in these rules. DATA - 33 - 2001-2005 MOU SECTION 10 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT 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 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 DATA - 34 - 2001-2005 MOU ■ # ? � # ' � ■ - � ■ � < � � ■ ■ \ . ■ � z � . _ e - e e -� � e ` ■ � e � � e e �� ■ - � . � � - ■ � � �� . . e e 2 � - - - � � f . � e e . ` \ f � _ e ' e e - e r$ � � e e _ - ® of ■ , - e - � � � - _ � $ . � � � �f , � � @ - . . , e - e � e � e � � ■ ■ � � � ■ _ � � e � e - � e e �- � < � e � - e ■ $ 1 . e � , e� . � < - - 2 . - � e ' � e ■ - ■ - �� . � - � , , e e . � , e - - ■ © ■ � f e � : ■ - - e f e � e ■ e . e _ ° - f � e � � e . �, � e - e - e � - . e , e � e � e e � � � ' � e � , . , � . . ' ■ � - ■^ - e � e e � e � - 2 � 3 e - e � � - � _ e ' e , ' e e � ® - e � � . e �� _ e e ■ e e � � , � e - � � e � , ef � - � e � - e . . @� ■ f e � , � ' e _� e � . _ � � . � � e - - , � f � e of e � � ■ e e . e � `e e ® � # ' e - - ® _ _ ■ e e . � , . ' � - e � . � e � , - � e � � e ' e - e � - # � e a ■ ems . ' �� e � � � e _ - � � � - $ - $ _ e ^ e $ e , . ` - . , - _ ■ � . � e e . ef # , e ` � . ` e � - , � e � � , @ e e e � fe ■ � � e ' e e � � , � - fe e � � ` $ � � - ■ _ � « : � - e . - e ■ - e .� e . � .� - e e � e � e ■ ` ® � - e e ' � - of 2 � . , e e $ � e - - e - e _ . . . - � � ' � f < � � of e ■ ' e � - e e , e . $ e � » � ' e - e e . � - - _ e - e � # f ^ $ . � ae � - - e � _ e � ■ � - f e . $ ® - � e - a ® ' � � ■ , � ■ ■ : © e SECTION 10 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT H. Duration of Layoff and Reemployment Rights. The name of any person granted reemployment privileges shall continue on the appropriate list for a period of two (2) years. Persons placed on layoff lists shall continue on the appropriate list for a period of four (4) years. 1. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or who transferred in lieu of layoff or displacement. When a request for personnel is received from the appointing authority of a department from which an eligible(s) was laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list from the department. When a request for personnel is received from a department from which an eligible(s) was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shall be appointed at the same step of the salary range the employee held on the day of layoff. J. Removal of Names from Reemployment Layoff Lists. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff list for any reason listed .below: DATA - 36 - 2001-2005 MOU SECTION 10 - SENIORITY, WORKFORCE REDUCTION, LAYOFF& REASSIGNMENT 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 cer- tification mailed to the person's last known address. 6. If the person on the reemployment or layoff list is appointed to another position in the same or lower classification, the name of the person shall be removed. 7. However, if the first permanent appointment of a person on a layoff list is to a lower class which has a top step salary lower than the top step of the class from which the person was laid off, the name of the person shall not be removed from the layoff list. Any subsequent DATA - 37 - 2001-2005 Mott SECTION 10 - SENIORITY, WORKFORCE REDUCTION, LAYOFF & REASSIGNMENT appointment of such person from the layoff list shall result in removal of that person's name. K. Removal of Names from Reemployment and Lam Certifications. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff certification if the eligible fails to respond within five (5) days to a written notice of certification mailed to the person's last known address. 10.3 Notice. The County agrees to give employees scheduled for layoff at least ten (10) work days notice prior to their last day of employment. 10.4 Special Employment Lists. The County will establish a TET Employment Pool which will include the names of all laid off County employees. Special employment lists for job classes may be established from the pool. Persons ,placed on a special employment list must meet the minimum qualifications for the class. An appointment from such a list will not affect the individual's status on a layoff list(s). 10.5 Reassignment of Laid Off Employees. Employees who displaced within the same classification from full time to part-time or intermittent status in a layoff, or who voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a position of another status than that from which they were laid off upon referral from the layoff list, may request reassignment back to their pre-layoff status (full time or part-time or increased hours). The request must be DATA - 38 - 2001-2005 MOU VECTION 11 HOLIDAYS in writing in accord with each department's reassignment bid or selection process. Employees will be advised of the reassignment procedure to be followed to obtain reassignment back to their former status at the time of the workforce reduction. The most senior laid off employee in this status who requests such a reassignment will be selected for the vacancy; except when a more senior laid off individual remains on the layoff list and has not been appointed back to the class from which laid off, a referral from the layoff list will be made to fill the vacancy. SECTION - 11 HOLIDAYS 11 .1 Holidays observed. The County will observe the following holidays., January 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 Last Monday in May, known as Memorial Day July 4th known as Independence Day First Monday in September, known as Labor Day November 11th, known as Veterans Day Fourth Thursday in November, known as Thanksgiving Day Friday after Thanksgiving Day December 25th, known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. Each full-time employee shall accrue two (2) hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one-tenth (1/10) hour, and preference of personal holidays shall be given to DAIA - 39 - 2001-2005 MOU SECTION - 11 HOLIDAYS employees according to their seniority in their department as reasonably as possible. Permanent part-time employees shall receive personal holiday credit in the same ratio to the personal holiday credit given full-time employees as the number of hours per week in the part-time employee's schedule bears to the number of hours in the regular full-time schedule. Employees shall accrue their personal holiday credit during months they are in pay status provided however that no employee may accrue more than forty (40) hours of personal holiday credit. On separation from County service, an employee shall be paid for any unused personal holiday credits at the employee's then current pay rate. 11 .2 Application of Holiday Credit. The following provisions indicate how holiday credit is to be applied: a. Employees on the five-day forty (40) hour Monday through Friday work schedule shall be entitled to a holiday whenever a holiday is observed pursuant to the schedule cited above. b. Employees on a work schedule other than Monday through Friday shall be entitled to credit for any holiday, whether worked or not, observed by employees on the regular schedule; conversely, such employees will. not receive credit for any holiday not observed by employees on the regular schedule even though they work the holiday. DAIA - 40 - 2001-2005 MOU ! ` � r � . � ! ' 1111 � • • . � ` . . . . • ! . . ! ! lw 111 . • • ! •• ! • . ! ! ! IF • ` • ! SECTION 12 - VACATION LEAVE SECTION 12 - VACATION LEAVE 12.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1 ) hour calculated on the same basis as for partial month compensation pursuant to Section 5.6 of this MOU. Vacation credits may not be taken during the first six (6) months of employment (not necessarily synonymous with probationary status) except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. 12.2 Vacation Accrual Rates. All employees in the bargaining unit are entitled to the following vacation accruals: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 11 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 18 thru 19 years 13-1/3 320 20 thru 24 years 16-2/3 400 25 thru 29 years 20 480 30 years and up 23-1/3 560 DAIA - 42 - 2001-2005 MOU SECTION 13 - SICK LEAVE 12.3 Accrual During Leave Without Pay. No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 12.4 Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 1 .5 Accrual on Prorated Basis. Employees in permanent part-time and permanent-intermittent positions shall accrue vacation benefits on a prorated basis as provided in Resolution 81/1165, Section 32-2.006. 12.6 Vacation Leave on Reemployment from a Layoff Lam. Employees with six (6) months or more service in a permanent position prior to their layoff, who are employed from a layoff list, shall be considered as having completed six (6) months tenure in a permanent position for the purpose of vacation leave. The appointing authority or designee will advise the. Auditor-Controller's Payroll Unit in each case where such vacation is authorized so that appropriate payroll [' system override actions can be taken. SECTION 13 - SICK LEAVE 13.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the County and may be used only as DATA - 43 - 2001-2005 MOU IV a • . ! • • ' ! go • ` • • r � • w r r r M s + y • ` • . • ! ' # ! s ` ! •r # $ ` 6 # ` I # # ! • # # r • ! a ` ♦ # a r a • # w[ � s • # • ' # ! # • I # r # r • # w • op v r ! # # # SECTION 13 - SICK LEAVE b. Permanent Disability Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: 1 . An application for retirement due to disability has been filed with the Retirement Board. 2. Satisfactory medical,evidence of such disability is received by the appointing authority within thirty (30) days of the start of use of sick leave for permanent disability. 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. C. 'Communicable Disease. An employee may use paid sick leave credits when under a physician's DAIA - 46 - 2001-2005 MOU :..::. ......... _,..:: :..: _ ::::....:............ +t ' ! ! ! . • ! ! •MIR I ! ! ! ! •• "' • - goo • ! • ! I ! f ' ! f • ! ■t ' ! ! I • I ! ! ! ! ! ! ! SECTION 13 - SICK LEAVE leave shall be imposed upon the employee for the duration of the disability. 3. Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. e. Medical & Dental Appointments. An employee may use paid sick leave credits: 1 . For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time used by an employee for prescheduled medical and dental appointments for an immediate family member. f. Emergency Care of Fam'Ily. An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. g. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family, but this shall not exceed three (3) working DATA - 48 - 2001-2005 MOU SECTION 13 SICK LEAVE days, plus up to two (2) days of work time for necessary travel. h. Accumulated paid sick leave credits may, not be used in the following situations: 1 . Self-inflicted Ind. For time off from work for an employee's illness or injury caused by his or her willful misconduct. 2. Vacation. Paid sick leave credits may not be used for an employee's illness or injury which occurs while he is on vacation but the County Administrator may authorize it when extenuating circumstances exist and the appointing authority approves. 3. Not in Pay Status. Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. 13.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the department head. The following procedures apply: a. Employees are responsible for notifying the Investigative Unit of an absence as early as possible prior to the commencement of their work shift and in accordance with operational requirements. Notification shall include the reason and possible duration of the absence. DAIA - 49 - 2001-2005 MOU SECTION 13 - SICK LEAVE b. Employees are responsible for keeping their department informed of their continuing condition and probable date of return to work. C. Employees are responsible for obtaining advance approval from their appointing authority or designee for the schedule time of prearranged personal or family medical and dental appointments. The use of sick leave may be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. To ascertain the propriety of claims against sick leave, the department head may make such investigations as he deems necessary including medical verification of illness. 13.5 [disability. A. An employee physically or mentally incapacitated for the performance of duty is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. An appointing authority after giving notice may place an employee on leave if the appointing authority has filed an application for disability retirement for the employee, or whom the appointing authority believes to be temporarily or permanently physically or mentally incapacitated for the performance of the employee's duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger DAIA - so - 2001-2005 MOU I . lw owl IV # _ f # # ' f # # # # . # as it # # r • # # - ................... SECTION 13 - SICK LEAVE 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 NICU. B. 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 maybe indeterminate until a certain physical or mental health condition has been attained by the employee; 3. a statement of the basis upon which the action is being taken; 4. a statement that the employee may review the materials upon which the action is taken; 5. a statement that the employee has until a specified date (not less than seven (7) work days from personal delivery or mailing of the notice) to respond to the appointing authority orally or in writing. DAIA - 52 - 2001-2005 Mou SECTION 13 - SICK LEAVE F. lending 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. M. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing stating specifically the basis upon which the action is being taken, delivering the order to the employee either personally or by certified mail, effective either upon personal delivery or deposit in the U.S. Postal Service. I. An employee who is placed on leave or suspended under this section may, within ten (10) calendar days after personal delivery or mailing to the employee of the order, appeal the order in writing through the Director of Duman 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. ►AIA - 53 - 2001-2005 MOU SECTION 13 - SICK LEAVE J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator, the employee has the burden of proof to show that either: 1 . the physical or mental health condition cited by the appointing authority does not exist, or 2. the physical or mental health condition does exist, but it is not sufficient to prevent, preclude, or impair the employee's performance of duty, or is not sufficient to endanger the health or safety of the employee, other employees, or the public. K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the Director of Human Resources to the Merit Board for hearing under the Merit Board's Procedures, Section 1114- 1128 inclusive. Medical reports submitted in evidence in such hearings shall remain confidential - information and shall not be a part of the public record. L. If the appeal is to a Disability Review Arbitrator, the employee (and his representative) will meet with the County's representative to mutually select the Disability Review Arbitrator, who may be a de facto arbitrator, or a physician, or a rehabilitation specialist, or some other recognized specialist mutually selected by the parties. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator shall be binding on both the County and the employee. DAIA - 54 - 2001-2005 MOU SECTION 13- SICK LEAVE col2ee 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. d. The arbitrator's fees and expenses shall be paid one-half by the County and one-half by the employee or employee's association. 13,8 Workers" Compensation. A. State Labor Code 4850 Pay. Law enforcement officers as defined in State Labor Code 4550 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 CAIA _ 56 - 2001-2005 MOU SECTION 13 - SICK LEAVE 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. 4550 Pay-Be nd One Year. If an injured employee remains eligible for workers' compensation temporary disability benefits beyond one (1 ) year, full salary will continue by integrating sick leave and/or vacation accruals with workers' compensation benefits (use of vacation accruals must be approved by the department and the employee). If salary integration is no longer available because accruals are exhausted, workers' compensation benefits will be paid directly to the employee as prescribed by workers' compensation laws. D. Rehabilitation Integration.ation. 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. DATA - 56 - 2001-2005 MOU . � � . . . . . « � : _ ' � - e e � e . e ■ � - ` � e $ - - e � e $ , .- ■ � � . ■ � - e e - � � $ e � � - � ■ ■ , � e e � e fe � , � e � e� : � - , �' e , � _ e � � ■ f » � ■ � � � - , e ■ - f ^ . . , ■ _ � e e , � - � ■ $ " � - , - , ■ e � � e � _ ■ - . � $ f � » _ - e , . � e e .� . � � .. �� . � � . � , T ■ � _ _ ■ � _ , - � - e . � . \ � , $ e � f � . e , � � _ , °e , � ■ � � ® 7 - - � tee . , _ , e � e ■ . e . ■ _ - : , . e � e ■ . e - ■ . _ , eee ® . ■ e ■ . - - ® e . - # � f■ �■ ■ . e e e � . .e � , ' e - ■ � e e - � e $ - - � � - - . � e , e . \- � � ® e . e � � . f � : � \ e ■ � , � ■ . f � � � � e , ■ e � $ f ■ � � e � f e _ . � e e � - - ® ` f ® � - � e - ® � - - -� - e ■ e e � » e e , « ' e � e ^ - ■ $ - - : e � � ■ e ■ � , f #- �. . e - - e , e ■ - ' . . e 5 � , � - � ■ e e , 2 e � : _ � e � � $ - $ - e $ - - . - , $ � » e e ee _ . ; � ■ � , e . $ - . . � , e � e - - ■ _ � ■ , � _ - < ■ . . $ � ■ � e , ■ . ._ - - � - � _ , . . - _ . . . � - � � - e � ■ � e - � � ` « < � � � � � e � - � � � ® � - � , e 2 � � � � ■ . e + _ � : � - � ' _ - � - e e . . . e � f � e ° - - ® ' ' , , ■� � , ■ . e ..................... SECTION 14 - LEAVE OF ABSENCE SECTION 14 - LEAVE OF ABSENCE 14.1 Leave Without lay. Any employee who hes permanent status in the classified service may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shall be granted in accordance with applicable state and federal law. 14.2 General Administration - Leaves of Absence. Requests for leave without pay shall be made upon forms prescribed by the director of Duman Resources and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for up to one (1 ) year for any of the following reasons. 1 . Illness, disability or serious health condition, 2. pregnancy or pregnancy disability; 3. family care; 4. to tape a course of study such as will increase the employee's usefulness on return to the Position; b. for other reasons or circumstances acceptable to the appointing authority. DAIA - 58 - 2001-2005 MOU SECTION ION 94 - LEAVE of ABSENCE 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 mint be made not later than thirty (30) calendar days before the expiration of the original leave. 14.3 Family Care or Medical Leave. A. Definitions. For medical and family care leaves of absence under Section 14, the following definitions apply: 1 . Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee, or a child who is under eighteen (18) years of age for whom an employee stands in' loco parentis or for whom the employee is the 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 DAIA - 59 - 2001-2005 MOU SECTION 14 - LEAVE OF ABSENCE other person standing in loco parentis to a child. 3. Souse: A partner in marriage as defined in California Civil Code Section 4100. 4. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom the employee is not related and with whom the employee resides and shares the common necessities of life. 5. Serious Health Condition: An illness, injury, impairment, or physical or mental condition which involves either inpatient care in a hospital, hospice or residential health care facility or continuing treatment or continuing supervision by a health care provider (e.g. physician or surgeon) and which, for family care leave only, warrants the participation of a family member to provide care during a period of treatment or supervision, as defined by state and federal law. 6. Certification for Family Care Leave: A written communication to the employer from a health care provider of a person for whose care the leave is being taken which need not identify the serious health condition involved, but shall contain: a. the date, if known, on which the serious health condition commenced; DAIA - 60 - 2001-2005 MOU SECTION 14 - LEAVEOF ABSENCE b. the probable duration of the condition; c. an estimate of the amount of time which the employee needs to render care or supervision; d. a statement that the serious health condition warrants the participation of a family member . to provide care during period of treatment or supervision; e. if for intermittent leave or a reduced work schedule leave, the certification should indicate that the intermittent leave or reduced work schedule leave is .necessary for the care of the individual or will assist in their recovery, and its expected duration. 7. Certification for Medical Leave: A written communication from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain: a. the date, if known, on which the serious health condition commenced; b. the probable duration of the condition; DATA - 61 - . 20012005 MOU SECTION 14 LEAVE OF ABSENCE c. a statement that the employee is unable to perform the functions of the employee's job; d. if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced work schedule leave and its expected duration. 8. Comparable Positions: A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may have changed during an employee's leave. B. Section 14.2 notwithstanding, upon request to the appointing authority, in each calendar year any employee who has permanent status shall be entitled to, and shall be granted, at least eighteen (18) 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 DAIA - 62 - 2001-2005 MOU f f - " •. f f f f lw f f f f f 10 f f . fff f • f • ' • ' • ' . f f f f f f . ' f • f f • f . f f f " ' f ' . o f f • f f f f f f "' . f f ' f • . fff f f f w ' • ' f f � f ' f f •. f f - f f . 11 ! ff f f . • ' . r n .r • r f f f f ' ' f f '' • . f ' f ff f •► ' f ' r � r w w r .v f f f • w qp lo f 11 11 • ......... SECTION 14 - LEAVE OF ABSENCE each calendar year period. Employees requesting family care leave are required to advise their appointing authority(ies) when their spouse is also employed by the County. 14.4 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under Section 13.2.D - Sick Leave Utilization for Pregnancy Disability, that time will not be considered a part of the eighteen (18) week family care leave period. 14.5 Group Health Plan Coverage. A. During Leave of Absence. Employees who were members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by maintaining their employment in pay status as described in Section 14.6. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their group health plan coverage, either through payroll deduction or by paying the County directly. S. During Medical or Family Care Leave. During the eighteen (18) weeks of an approved medical or family care leave under Section 14.3 above, the County will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 14.6. In order to maintain such coverage, employees are required to pay timely the full DAIA - 64 - 2001-2005 MOU SECTION 14 - LEAVE OF ABSENCE employee contribution to - maintain their group health plan coverage, either through payroll deduction or by paying the County directly. 14.6 Leave Without Pay w Use of Accruals. A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using at least 0.1 hour of available sick leave (if so entitled under Section 13 - Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements; in other words, during the first twelve (12) months, a leave of absence without pay may be "broken" into segments and accruals used on a monthly basis at the employee's discretion. After the first twelve (12) months, the leave period may not be "broken" into segments and accruals may not be used, except when required by SDI/Sick Leave Integration. B Family Care or Medical Leave (FMLA). During the eighteen (18) weeks of an approved medical or family care leave, if a portion of that leave will be on a leave of absence without pay, the employee will be required to use at least 0.1 hour of sick leave (if so entitled under Section 13 - Sick Leave), vacation floating holiday, compensatory time off or other accruals or entitlements if such are available, although use of additional accruals is permitted under subsection A. above. DAIA - 65 - 2001-2005 MOU SECTION 14 -.LEAVE OF ABSENCE C. Sick leave accruals may not be used during any leave of absence, except as allowed under Section 13 - Sick Leave. 14.7 Military Leave. Any employee who is required to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall be granted a military leave for the period of such service, plus ninety (90) days. An employee who volunteers for such service shall be granted a leave of absence if necessary in accordance with applicable state or federal laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. An employee who has been granted a military leave shall not, by reason of such absence, suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the [director of Human Resources may deem necessary. DATA - 66 - 2001-2005 Mau # i ' i • s iii ! ,. • A ! IV • I i ` ! R • i I i � ' i i i � ` • • i � i i R ♦ � ' ! I ' r SECTION 94 - LEAVE OF ABSENCE return to work is after no more than ninety (90) work days of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after no more than 720 hours, including use of accruals, of intermittent or reduced work schedule leave. At the time the original leave is approved, the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee on a schedule other than 5/40 shall have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. 14.9 Appeal of Denial. The decision of the appointing authority on granting or denying leave or early return from leave shall be subject to appeal to the Director of Human Resources and not subject to appeal through the grievance procedure set forth in this MOU. 14.10 Salary Review while on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (5) months during the preceding year shall receive salary increments that may accrue to them during the period of military leave. DATA - 68 - 2001-2005 Mou SECTION 14 - LEAVE OF ABSENCE 14.11 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or canceled by the appointing authority, or at the expiration of a leave shall be without pay. Such absence may also be grounds for disciplinary action. 14.12 Furlough Days without Pay. Subject to the prior written approval of the appointing authority, employees may elect to take furlough days or hours without pay (pre- authorized absence without pay), up to a maximum of fifteen (1 5) calendar days for any one period. Longer pre-authorized absences without pay are considered leaves of absence without pay. Employees who take furlough time shall have their compensation for the portion of the month worked computed in accord with Section 5.6 - Compensation for Portion of Month of this MOU. Full time and part time employees who take furlough time shall have their vacation, sick leave, floating holiday and any other payroll-computed accruals computed as though they had worked the furlough time. when computing vacation, sick leave, floating holiday and other accrual credits for employees taking furlough time, this provision shall supersede Sections 12.4, 13.2, 13.8 and 14.1 of this MOU regarding the computation of vacation, sick Dave, floating holiday and other accrual credits as regards furlough time only. For payroll purposes, furlough time (absence without pay with prior authorization of the appointing authority) shall be reported separately from other absences without pay to the Auditor-Controller. DATA - 69 - 2001-2006 MOU SECTION 15 - JURY DUTY AND MTNESS DUTY SECTION 15 - JURY DUTY AND WITNESS DUTY 15.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an employee is obligated to report to the court. When called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. If summoned for jury duty in a 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 DAIA - 70 - 2001-2005 MOU -. f • i f ,. # 11 11 t SECTION 16 - HEALTH, LIFE AND DENTAL CARE 15.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them other than mileage allowance or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in Section 15.1 of this MOU. Employees shall advise their department as soon as. possible if scheduled to appear for witness duty. Permanent intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. SECTION 16 - HEALTH, LIFE AND DENTAL CARE 16.1 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 (20) hours per week in classes represented by DATA. The CalPERS program, as regulated by the Public Employees' Medical and Hospital Care Act DAIA - 72 - 2001-2005 MOU • r • r i 4v 0 • • ` i # i i ` . i • to i : r w � r i i • • i r r r r r # r SECTION 96 - HEALTH, LIME AND DENTAL CARE A. Effective January I 1, 19917. The following represents the County's maximum monthly contribution for CaIPERS health plan premiums: Employee only: $142.98 Employee + one: $285.95 Employee + two or more: $371 .75 In the event, In whale 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 e+qulvalent of eighty-seven percent (87%) of the PERS Kaiser premium at each level (employee only, employee + one, employee + two or more). In the event, in whole or in part, that the above amounts are greater than one hundred percent (100%) of the applicable premium of any plan, the County's contribution will not exceed one hundred percent (100%) of the applicable plan premium. 18.4 Dental_.P og- r, am. The County will continue to offer the existing County group Mental Plans (Delta and Safeguard A & B) to all permanent employees in classes represented by DAIA - 74 - 2001-2005 MOU Y .,. :.x. .N.:r ......r. . . ■ , � ■ « 4 .. $ $ $ . e . . e - e w , ■ $ $ � � � ■ ! . � & � , � � , . e � . - . ■ . � \ « . e ® e e e � ey � f - � e ■ � # , � f $ �■ e - $ ■ � e ■ - � ' - e . ' e ■ «e � r $ � e . � e � � � - $ � ■ � a � � � . e ■ - . ° « - ee . - �e � � ■ - � . $ # # f� - � . $ � � \� $ _ e � � - ■ - � . �- e ■ . f . e . : .. e $ . e � � � e ® ■ , e e � � - $ � . e ■ $ 2 e � �a ® - a ® � ® ' e � e e < » ■ - � e � � e � f - e # . - - _ $ - , _ e ° - f ■ . f - � � - . � ■ � � � : ° ` � ■ � ■ � f � e \ � of � _ ■ � � ■ \ » ' e ■ & . ■ \ e e 4 � � ° . � f ■ \ � � $ * e� � � � : f to � � ■ _ e � - � $ � \ e � ■ � � � ~ < e e - - » $ ■ ' , e fie ® _ � � � � � ■ _ e e - » e . » 2 � � e f _ ■ � e , � . ■ � - - \ $ e ' ■ . ■ . � � e ` � e ' a , $. � � , ■ , � � � , � � � � 1 $ . � ■ ` ' e � � � � � � . f � ■ e - � \ � - � - 2f � ' e # � � � � � $ � e ■ fa e e � - � � � - , � e \ . ■ � _ . � � � $ ® � ee . e � e � e . ese � � $ - - � e � � f ■ ' _ ■ * - e , , � # ° ■ . � ® e � � � ■ - § � _ � ■ eee � . ■ � � � . , ■ , ■ e SECTION 16 - HEALTH, LIFE AND DENTAL CAFE be made available, the County and DAIA will meet and confer on the effective date of coverage, plan design, costs, limitations and exclusions. The costs for the added benefit will be borne by each enrolled Delta member whose eligibility for benefits is under DAIA's program. Payment will be made by either payroll deduction or direct pay for those members not entitled to monthly payroll deductions. If Safeguard is eliminated without a replacement plan that includes an orthodontics option, the County will subvent the Delta Dental orthodontics option at 77% 16.7 Rate Information. The County Benefits Service Unit will make dental plan rate information and, to the extent possible, CalPERS health plan rate information available to employees and departments upon request. In addition, the County Benefits Service Unit will publish and distribute to employees and departments information about rate changes as they occur during the year. 16.8 Life Insurance Program. The County will continue the existing County group $3000 Term Life Insurance Plan for all permanent employees in classes represented by DAIA. 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. 16.9 Life Insurance Contributions. The County will pay the entire premium on behalf of permanent full-time and permanent part-time employees regularly scheduled to work at least twenty (20) hours per week who elect health and/or dental coverage. Permanent-intermittent, provisional and permanent part-time employees working less than twenty DAIA - 76 - 2001-2005 MOU SECTION 16 - HEALTH, LIFE ANC) DENTAL CARE (20) hours per week may participate in the Life Insurance Plan at their full personal expense, which shall not exceed the County's cost, provided they elect health and/or dental coverage. 16.10 Premium Payments. Employee participation in any health, dental, or life insurance plan is contingent upon the employee authorizing payroll deduction by the County of the employee's share of the premium cost. The County's contribution to health plan and dental plan monthly premiums are payable as follows: a. Ca1PERS Plan (Includes Alternate CCHP Plan,. The County's contribution to the health plan premium is payable one (1 ) month in advance. If an employee's compensation in any month is not sufficient to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller. The responsibility for this payment rests solely with the employee. b. Dental and Life Insurance Plans. The County's contribution to the dental and life insurance premium (as described in Sections 16.6 and 10.9) is payable monthly. If an employees compensation in any month is not sufficient to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller. The responsibility for this payment rests solely with the employee. CDMA - 77 - 2001-2005 Mou SECTION 16 - HEALTH, LIFE AND DENTAL DARE 16.11 Extended Coverage. An employee on approved leave without pay shall be allowed to continue his/her health/dental/life insurance coverage provided that the employee shall pay their share of the monthly premium during said leave. An employee not eligible for continued coverage may convert to individual health plan coverage (if available) or continue group coverage subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA), plus any administrative fees, for the option selected. The entire cost of coverage shall be paid at the time and place specified by CalPERS for health plans and by the County for the dental plans. An employee who terminates County employment is covered through the last day of the month in which he/she is paid for County dental plans and through the last day of the month following the month of termination for CalPERS plans. Employees who terminate County employment may continue Group Health/Dental plan coverage to the extent provided under the COBRA regulations. 16.12 Retirement Coverage. Upon retirement, employees may, subject to plan requirements, remain in the same County group medical plan if immediately before their retirement they are either active subscribers to one of the County Health Plans or if on authorized leave of absence without pay, they have retained individual conversion membership from the County plan. Pursuant to CalPERS regulations, employees enrolled in the CalPERS alternative plan (CCHP) at the time of retirement DAIA - 78 - 2001-2005 MOU 1 � i „ • �' • r • r � • ` • • SECTION 16 - HEALTH, LIFE AND DENTAL CARE (20/40 or greater) County employees the option to participate in a Health Care Spending Account (HCSA) Program designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre-determined amount of money from their paycheck, not to exceed $2400 per year, for health care expenses not reimbursed by any other health benefits plan with before-tax dollars. Effective January 1 , 2000, the amount employees may set aside from their paycheck shall be increased from $2400 to $3000 per year. HCSA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance cannot be recovered by the employee. The County will continue to offer employees the option to participate in the existing Countywide DCAP and premium conversion programs. 16.15 Wellness Incentive. Wellness Incentive Program. A broad-based pilot Wellness Incentive Program will be developed with input from the joint Labor/Management Wellness Committee. The purpose of this program will be to reward County employees with incentives for participating in Wellness Program activities and encourage them to live healthier lifestyles. The Wellness Committee will work closely with the Human Resources Department on program design and implementation. A. Program Design. The Wellness Incentive Program design will include the development of additional wellness activities to compliment the current Employee Wellness Program schedule and DATA _ 80 - 2001-2005 MOU r • ! ! r ! r ! 91 ' 40 ! ! ! ! f ! r ! r ! II ! ! � # r ! ! ! ! v 4F IV ! !. ! .! ! IIA ! ! � r ! ! ! ♦ ! ! r ........... SECTION 17- PROBATIONARY PERIOD and voluntarily elect to purchase long term care through the PERS Long Term Care Program. The County further agrees that County employees interested in purchasing PERS Long Term Care may participate in meetings scheduled by PERS Long Term Care on County facilities during non-work hours (i.e. coffee breaks, lunch hour). 16.17 Video Display Terminal (Vdt) Users Eve Examination The County agrees to extend any vision care coverage to the District Attorney Investigators' Association if the Health Care Oversight Committee, a sub-committee of the County and the Labor Coalition, reports its findings to the County and the Labor Coalition and vision care coverage is offered to the Coalition. SECTION 17 - PROBATIONARY PERIOD 17.1 Duration. All appointments from officially promulgated employment lists for original entrance or promotion shall be subject to a probationary period. This period shall be from six (6) months to two (2) years duration. 17.2 Probation Periods Over Six Months. Listed below are those classes represented by the Association which have probation periods in excess of six (6) months: D.A. Inspector - One (1 ) year D.A. Sr. Inspector- - One (1 ) year DATA - 82 - 2001-2005 Mou • • " ! ! 51 w i # # so r # f • # # # # # # # r # 0 - as # # # # R ! in• # 04 # ! # SECTION 17- PROBATIONARY PERIOD on political or religious affiliations or opinions, union activities, or race, color, national origin, sex, age, disability or sexual orientation. B. The appeal must be written, must be signed by the employee and set forth the grounds 'and facts by which it is claimed that grounds for appeal exist under subsection (A) and must be filed through the Director of Human Resources.to the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in subsection (A), it may refer the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after hearing, the Merit Board upholds the appeal, it shall direct that the appellant be reinstated in the position and the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period. 17.6 Fepuiar Appc�intment. The regular appointment of a probationary employee shall begin on the day following the DAIA - 84 - 2001-2005 MOU i i # ! • K ! # ` ! • # ! i # ! IV w • # ` ` 4w wi 00 lw• . i ` • • ` K i # # • • i ` # 40 40 rzm i • # # • i i • � K • ! # ` • ! . ` • SECTION 17- PROBATIONARY PERIOD list from which the employee was certified unless the employee receives the affirmative recommendation from the appointing authority and is certified by the Human Resources Director whose decision is final. The Director of Human Resources shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 17.7 Layoff During Probation. An employee who is laid off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance of the required probation. If reemployed in another department or in another classification, the employee shall serve a full probationary period. An employee appointed to a permanent position from a layoff or reemployment list is subject to a probation period if the position is in a department other than the department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 17.8 Rejection Durinq Probation of Laid ,r Off Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list shall begin a ' new probation period if subsequently certified and appointed in a different department or classification than that from which the DAIA - 86 - 2001-2005 MOU ! ' • ! ' • ! • r '� • r ` • • ! ! '.• I ! ' ! • i i �0 ! ! _ . ! • 0 * r op ! • • ! ! 0 ! • ! SECTION 18 - PROMOTION a. An evaluation of the position(s) in question must show that the duties, and responsibilities have significantly increased and constitute a higher level of work. b. The incumbent of the position must have performed at the higher level for one (1 ) year. C. The incumbent must meet the minimum education and experience requirements for the higher class. d. The action must have approval of the Human Resources Director. e. The Association approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 18.5 Reguirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee's name shall be removed from the promotional list. 18.6 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of seventy percent DATA - 88 - 2001-2005 MOU t R � ! 1 i • "' r # # i • • # • # R # # ` • ` • • - l • • i10i • • # +I � 10 =lot 10 IV f : y SECTION 20- RESIGNATIONS C. the appointing authority or authorities involved in the transaction shall have indicated their agreement in writing; d. the employee concerned shall have indicated agreement to the change in writing. e. the Director of Human Resources shall have approved the change. Notwithstanding the foregoing, transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has'eligibility on a list for a class for which appointment is being considered. 19.2 Procedure. Any employee or appointing authority who desires to initiate a transfer may inform the Director of Human Resources in writing of such desire stating the reasons therefore. The Director of Human Resources shall, if he considers that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, inform the appointing authority or authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. SECTION 20 - DESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral resignation shall be immediately DAIA - 90 - 2001-2005 MOU SECTION 20 - RESIGNATIONS confirmed by the appointing authority in writing to the employee and to the Human Resources Department and shall indicate the effective date of termination. 20.1 Resignation in Good Standin_ . A ' resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is aresignation in good standing. 2 .2 Constructive Resignation. A constructive resignation occurs and is effective when: a An employee has been absent from duty for five (5) consecutive working days without leave, and; b Five (5) more consecutive work days have elapsed without response by the employee after the mailing of a notice of resignation by the appointing authority to the employee at the employee's last known address. 2 i.3 Effective ,Resilanation. A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 2 .4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority. DATA - 91 - 2001-2005 MOU ..................... ...... SECTION 20- RESIGNATIONS 20.5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on the Director of Human Resources and, a copy on the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgment without loss of seniority or pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election with the Director of Human Resources waiving the employee's right, of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure contained in Section 22 -- Grievance Procedure of the MOU beginning with Step C. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the DA1A - 92 - 2001-2005 MOU SECTION 21 - DISMISSAL, SUSPENSION, DEMOTION, TEMPORARY REDUCTION IN PAY& REDUCTION WITHIN CLASS employee returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. SECTION 21 - DISMISSAL. SUSPENSION, DEMOTION, TEMPORARY REDUCTION IN PAY & REDUCTION WITHIN CLASS 2'1 .1 Cause for Action. The appointing authority may dismiss, suspend, demote, temporarily reduce the pay of, or reduce within class any employee for cause. The reduction in pay may not exceed five percent (5%) for a three (3) month period. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal, suspension, reduction or demotion may be based on reasons other than those specifically mentioned: a absence without leave, b. conviction of any criminal act involving moral turpitude, C. conduct tending to bring the merit system and/or the Office of the District Attorney into disrepute, d. disorderly or immoral conduct, e. incompetence or inefficiency, f. insubordination, DAIA - 93 - 2001-2005 MOU ......... _...... _......__..... ___ __.... SECTION 21 - DISMISSAL, SUSPENSION, DEMOTION, TEMPORARY REDUCTION IN PAY& REDUCTION WITHIN CLASS g. being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on County premises, h. neglect of duty, (i.e. non-performance of assigned responsibilities), L negligent or willful damage to public property or waste of public supplies or equipment, j. violation of any lawful or reasonable regulation or order given by a supervisor or department head, k. willful violation of any of the provisions of the merit system ordinance or Personnel Management Regulations, I. material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, m. misappropriation of County funds or property, n. unreasonable failure or refusal to undergo any physical, medical, and/or psychiatric exam and/or treatment authorized by this MOU, o. dishonesty or theft, P. excessive or unexcused absenteeism and/or tardiness, DAIA .- 94 - 2001-2005 MOU SECTION 21 - DISMISSAL, SUSPENSION, DEMOTION, TEMPORARY REDUCTION IN PAY& REDUCTION KlTHIN CLASS q. sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 21.2 Skelly Requirements - Notice of Proposed Action ISkelly_Notice). Before taking a disciplinary action to dismiss, suspend, for more than five (5) work days (four (4) work days for employees on 4410 work week), demote, temporarily reduce the pay of, or reduce within class an employee, the appointing. authority shall cause to be served personally or by certified mail, on the employee, a Notice of Proposed Action, which shall contain the following: a. A statement of the action proposed to be taken. b A copy of the charges; including the acts or omissions and grounds upon which the action is based. C. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. d. A statement that the employee may review and request copies of materials upon which the proposed action is based. DATA - 95 - 2001-2005 M OU _... .. .......... _..... _. SECTION 29 - DISMISSAL, SUSPENSION, DEMOTION, TEMPORARY REDUCTION IN PAY& REDUCTION WITHIN CLASS e. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. 21 .3 Employee Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or during any extension, the right to respond is lost. 21.ALeave Pending Employee Response. Pending response to a Notice of Proposed Action within the first seven (7) days or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 21.5 Suspensions Without Pay. Suspensions without pay shall not exceed thirty (30) days unless ordered by an arbitrator, an adjustment board or the Merit Board. The thirty (30) day limit does not apply to suspension due to pending criminal charges as provided in 21 .6 below. 21.6 Procedure on Dismissal, Suspension, Reduction Within Class, Temporary Reduction in Pay. or Disciplinary Demotion. A. In any disciplinary action to dismiss, suspend, reduce within class, temporarily reduce the pay of, DAIA - 96 - 2001-2005 MOU . i i ! • ! . ! • " i ! SUCTION 22 - GRIEVANCE PROCEDURE SECTION 22 - GRIEVANCE PROCEDURE 22.1 Definition. A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. The Association may represent the employee at any stage of the process. Grievances must be filed within thirty (30) days of the incident or occurrence about which the employee claims to have a grievance and shall be processed in the following manner: Step 1 . Any employee or group of employees who believes that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the employee's immediate supervisor, who shall meet with the employee within five (5) days of receipt of a written request to hold such meeting. Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the employee may submit the grievance in writing within ten (10) work days to such management official as the department head may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected him or her to his or her detriment, and the redress he or she seeks. A copy of each written communication on a grievance shall be filed with the Director of Human Resources. The department head or his or her designee shall have ten (10) work days in which to respond to the grievance in writing. DAIA - 98 - 2001-2005 MOU � . # . " � . � < „ ■ � w � � - . ® # \ , $ - � � � � ■ � � _ � � ■ f ` e f # � fe � ■ � �- � � e � ' � � , _ ■ ems , � : � ■ � � � \ � � . e $ , � e . � � ~ , � � f ve f ■ - � e � ` � � � - � � ■ ~ e a � ■ � � e . . $ $ e , � . e t . � ■ � . � - � � e . ` �e e , � � $ . e . . ' � � � � e - ■ � � - � fes ■ _ � $ . ' - � ■ ■ - - � � ■ _ - $ f . f e - _ » f _ f e e e e \ - e � . ■ � � - �: � f » ■ f e � e �- § `e . e - \ � . f ■ � � _ . � $ � � - � � - e , � $ � � ■ _ ~3e � � °■ ■ » � � � - , e � � ' � � ■ ■ : � $ \ - _ - ■ � ■ e # ° f , . � � _ 2 e � » � ■ e $ � � � e 2 - �' � - ^ ' � - � # e - � - . f � ■ . � e � � . � $ . � � . . @ r � � $ � , \ � � , $ _ : $ � � � - ■ . � e : . � ° - » ^ . # . ■ � \ # � � e . � - tee _ ■ § ■ ^ ■ . ' e $ � - 2 � � l e , e � $ - - � - § ■ � a f � � . a � � ■. . e . � � $ - - IV e ^ , $ 2 � » .e . , e e � - 2 � ^ ■ � � e ' . ¥ � - � ■ - � � - e � 2 - � � f � ■ � - . $ e � e � � � � e � ■ edo ■ f f - - $ $ � � . . a $ _ � � - ° � #- ■ � � � �- � e � e � , : _ ■ � - � e $ - e e - $ - » - � � - � e , � � � � f e � � ■ ? ■ f� $ e $ f � - � ■ � 2 � ¢ e � e � _ � 2 - � $ m e - � » e f . e . . � � - � . \ $ � $ ^ $ _ � e � . - e . ■ 2 � � ' � e � � \ - e , � � e . � - � e � � e � � ■ - e _ - - » . . � - ■ e � 2 ■ � ` � - . � � � � e ■� - � e ^ - � � e - � , f ■ e � . e , 2 $ e . - $ � � ? � � # . ' - � ■ . - � : . . ' # « f � � � e .e , � \ � e � � _ � � e � _ ■ � ■ � � e - e ' �e � , .- e e � . . � _ ■ f � - � e ' . - - ° - � � $ e � ' , $ ® ` e ■ ■ � ` ■ e - ■ , , �. , ■ ■ ■ � � e ........ SECTION 22 - GRIEVANCE PROCEDURE submitted within twenty (20) work days of the rendering of the Adjustment Board decision. Within twenty (20) days of the request for arbitration the parties shall mutually select an arbitrator. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the employee and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any. 22.2 Time Limits. The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the County fails to meet the time limits specified in steps 1 through 3 above, the grievance will automatically move to the next step. If an employee fails to meet the time limits specified in steps 1 through 4 above, the grievance will be deemed to have been settled and withdrawn. 22.3 Nom. An official, with whom a formal grievance is filed by a grievant who is included in a unit represented by the Association, but is not represented by the Association in the grievance, shall give the Association a copy of the-formal presentation. 22.4 Compensation Complaints. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Human Resources Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the MCU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next DAIA - 100 - 2001 2005 MOU - # 1 I 1 11 ! .......... _._.... .. __.._._... .. _ ._. _ __ ............... SECTION 23 - RETIREMENT CONTRIBUTION apply to the Merit Board on matters within its jurisdiction. B. No action under Step 3 and Step 4 of Subsection 22.1 above shall be taken if action on the complaint or grievance has been taken by the Merit Board, or if the complaint or grievance is pending before the Merit Board. 22.7 Filing by Association. The Association may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this MOU. SECTION 23 - RETIREMENT CONTRIBUTION Pursuant to Government Code Section 31581 .1 , the County will continue to pay fifty percent (50%) of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU; and shall terminate thereafter. Employees shall be responsible for payment of the employees' contribution for the retirement cost of living program as determined by the Board of Retirement of the Contra Costa County Employees' Retirement Association without the County paying any part of the employees' share. The County will pay the remaining one-half (2) of the retirement cost-of-living program contribution. DAIA - 102 - 2001-2005 MOU t a off - # - 6 # M i � • 4 � �" a s w � r # " ,n w # to s "`' '"' ♦ # .. - r s SECTION 27- PROVISIONAL APPOINTMENT that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the six (6) month period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Director of Human Resources or designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. SECTION 27 - PROVISIONAL APPOINTMENT Whenever an appointing authority makes a request for personnel to fill a position in a class for which no reemployment or employment list is available, or in a class for which no eligible or insufficient eligibles to complete the certification will accept appointment to the position, the Director of Human Resources may authorize the appointing authority to appoint any person who possesses the minimum qualifications for the class as set forth in the class specifications, provided that the names of eligibles available and the names of persons who have indicated their intention to take the next examination for the class shall be referred to the appointing authority at the time authorization is issued. In no case shall a permanent position be filled by a provisional appointment for a period exceeding six (6) calendar months except under the following conditions: a. If an examination has been announced for the class and recruitment of applicants is in process, the Director of Human .Resources may authorize a DA1A - 104 - 2001-2005 MOU SECTION 28 - PERSONNEL FILES continuation of provisional appointments until an eligible list is established. b. In case of a provisional appointment to a permanent position vacated by a leave of absence, such provisional appointment may be continued for the duration of said leave. A provisional appointment shall be terminated within thirty (30) days after the date of certification of eligibles from an appropriate eligible list. All decisions of the Director of Human Resources relative to provisional appointments are final and not subject to the grievance procedure. Before filling a position by a provisional appointment, the ..appointing authority shall past notice and shall consider current qualified employees for the appointment. Only if there are insufficient internal applicants to constitute a full certification may the appointing authority consider applicants from outside; County service. SECTION 28 - PERSONNEL FILES An employee shall have the right to inspect and review any official record(s) relating to his or her performance as an employee or to a grievance concerning the employee which is kept or maintained by the County in the employee's personnel file in the Human Resources Department or in the employee's personnel file in their department. The contents of such records shall be made available to the employee for DATA - 105 - 2001-2005 MOU ..._......__ .. ..._..... .... . . . ..__.... SECTION 28 - PERSONNEL FILES inspection and review at reasonable intervals during the regular business hours of the County. The County shall provide an opportunity for the employee to respond in writing to any information which is in the employee's personnel file about which he o►r she disagrees. Such response shall become a permanent part of the employee's personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee's official personnel file. This section does not apply to the records of an employee relating to the investigation of a possible criminal offense, medical records and information or letters of reference. All documents pertaining to disciplinary actions shall be placed in an official personnel file maintained by the Human Resources Department or in an official personnel file maintained by their department. Copies of written reprimands .or memoranda pertaining to an employee's unsatisfactory performance which are to be placed in the employee's personnel file shall be given to an employee who shall have the right to respond in writing to said documents. Letters of reprimand are subject to the grievance procedure but shall not be processed past Step 3 unless said letters are used in a subsequent discharge, suspension, reduction within class or demotion of the employee. Copies of letters of commendation which are to be placed in the employee's personnel file will be given to the employee. Employees have the right to review their official personnel files which are maintained in the Human Resources Department or by their department. In a case involving a grievance or disciplinary action, the employee's designated representative may also DAIA - 106 - 2001-2005 MOU ............................ SECTION 29 - SERVICE AWARDS review his or her personnel file with specific written authorization from the employee. SECTION 29 - SERVICE AWARDS The County shall continue its present policy with respect to service awards including time off; provided, however, that the type of award given shall be at the sole discretion of the County. SECTIO, N 30- REIMBURSEMENT FOR MEAL EXPENSES Employees shall be reimbursed for meal expenses under the following circumstances and in the amount specified. a. When the employee is required to be out of his/her regular or normal work area during a meal hour because of a particular work assignment and with prior approval of the department head or his designee. b. When the, employee is required to stay over to attend consecutive or continuing afternoon and night sessions of a board or commission. c. When the employee is required to incur expenses as host for official guests of the County, work as members of examining boards, official visitors, and speakers or honored guests at banquets or other Official functions. DAIA - 107 - 2001-2005 MOU ......... _.... ...... ._... SECTION 31 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY d. When the employee is required to work three (3) or more hours of overtime; in this case he or she may be reimbursed in accordance with the Administrative Bulletin on Expense Reimbursement. Meal costs will be reimbursed only when eaten away from home or away from the facility in the case of employees at 24-hour institutions. Procedures and definitions relative to reimbursement for meal expenses shall be in accordance with the Administrative Bulletin on Expense Reimbursement. SECTION 31 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY The loss or damage to personal property of employees is subject to reimbursement under the following conditions: a. The loss or damage must result from an event which is not normally encountered or anticipated on the job and which is not subject to the control of the employee. b. ordinary wear and tear of personal property used on the job is not compensable. C. Employee tools or equipment provided without the express approval of the department head and automobiles are excluded from reimbursement. DAIA - 108 - 2001-2005 MOU SECTION 32 - UNFAIR LABOR PRACTICE d'. The loss or damage must have occurred in the line of duty. e The loss or damage was not a result of negligence or hack of proper care by the employee. f. The personal property was necessarily worn or carried by the employee in order to adequately fulfill the duties and requirements of the job. g. The loss or damage to an employee's dentures or other prosthetic devices did not occur simultaneously with a job connected injury covered by workers' compensation. h'. The amount of reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of loss or damage but not more than the original 'cost. - 1. The burden of proof of loss rests with the employee. j. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or Damage to Personal Property. SECTION 32 - UNFAIR LABOR PRACTICE Either the County or the Association may file an unfair labor practice as defined in. Chapter 34-22 of the Board of DATA - 109 - 2001-2005 MOU SECTION 33 - LENGTH OF SERVICE DEFINITION (for service awards and vacation accruals) Supervisors Resolution 81/1155 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties, may be heard by a mutually agreed upon impartial third party. SECTION 33 - LENGTH OF SERVICE DEFINITION (for service awards and vacation accrualsl The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, previsional, and permanent status, and absences on approved leave of .absence). When an employee separates from a permanent .position in good standing and within two (2) years is reemployed in a permanent County position, or is reemployed in a permanent County position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The Human Resources Director shall determine these matters based on the employee status records in the Human Resources Department. SECTION 34 - PERMANENT PART-TIME EMPLOYEE BENEFITS Permanent part-time employees receive prorated vacation and sick leave benefits. They are eligible for health, dental and life insurance benefits at corresponding premium rates providing they work at least fifty percent (50%) of full time. DATA - '1'10 - 2001-2005 MOU e � � � � ■ � ^. ■ � ■ , e ^ a %■ $ . � . ■ � � $ e - - e ■ - eee , - ■ ® e � « tee , ■ e - ■ - ■ - ■ . - $ � # $ $ ® a _ - # ■ - ■ ■ - � � ■ - e _ � e ■ e - ■ ■ ^ ■ � ¥eee2 ® - ^ e , - « , $ ■ , e ^ e � $ 40 � e , ■ - � ■ � # ~f ` ■ - � � � t e ■ f f . . ■ , § . � $ . $ , $ . e .■° e e � $ e - » � e ■ - � � e ee � ~ e � � e » ■ ; a ■ � � - e - $ ■ all - \ e $ f « ■ ■ . , e . , e , # < e - � ■ , e . � - # � �� e _ ■ \ - e . e . _ # ■ ■ . fe ■ $ ewe - , ~ f $ e f - � � . . � � ■ ` -: ■ e § . e # ? . ■ e ^ e ■ . - . e ■ \ f . . - , ■ . - . . ® e , � ■ ■ e� ! e e � & e � a # � ■ f � . ■ a t « 2 - ■ � � ° ■ ` ` . e e , \ . $ @ e � e , � e $ , e ■ $ , # � , . .■ , . , ■ e SECTION 38 - SAFETY EQUIPMENT their supervisor. Effective January 1 , 2000 the maximum amount will be increased to two hundred fifty dollars ($250) per calendar year. Reimbursement in the amount prescribed above will be processed upon presentation of a verified receipt to the Auditor-Controller's Office showing payment of annual membership dues in job-related professional associations,-or purchase of job-related equipment, professional publications, training or software and hardware and evidence of supervisor approval. SECTION 38 - SAFETY EQUIPMENT A. The County agrees to continue to provide newly hired Inspectors with all required safety equipment. Said equipment shall remain the property of the County; B. Safety equipment owned by the County deemed unserviceable by the District Attorney or his authorized representative shall be turned over to the County and a replacement shall be furnished by the District Attorney or his authorized representative; C. The provisions of this replacement program do not apply to safety equipment damaged or otherwise rendered unserviceable as a result of employee negligence, subject to the provisions of Section 3802 of the California Labor Code; DATA - 112 - 2001-2005 MOU SECTION 39 - DEPENDENT CARE D. The District Attorney or his designated representative retains the right to render final decisions on the serviceability of safetyequipment. E. The District Attorney's Office will provide District Attorney Inspectors and Senior District Attorney Inspectors an appropriate "turn out" jacket. SECTION 3 - DEPENDENT CARE A. Dependent Care Information & Referral Service. The County will administer an Information & Referral Service through the Contra Costa Child Care Council for the duration of this MOU. B. Dependent Care Sala Contribution. Subject to the applicable provisions of the Internal Revenue Service, employees may contribute up to $5,000 each calendar year from their salaries for approved dependent care, only eligible employees may contribute for such expenses; there is no County contribution for dependent care. Reimbursements are made on a monthly basis subject to submission of itemized statements, adequate accumulation of the salary contribution, proof of payment, and applicable County administrative procedures. C�AIA - 113 - 2001-2005 MOU ........... _..._._. _. _...... _ _ _ ........ _ _ _ _ _ ....... ............. SECTION 40 - STUD/ESIPROJECTS SECTION 40 - STUDIES/PROJECTS Bi-Weekly Pay Periods. The County shall present to the D. A. Investigators' Association a comprehensive proposal for replacement of the current system of monthly pay with a bi- weekly (every other week) pay system. The D. A. Investigators' Association agrees to commence meet and confer on those elements in the proposed bi- weekly payroll system which are within the scope of bargaining and/or the impact of replacing the current monthly pay system with a bi-weekly system. SECTION 41 - BILINGUAL PAY A salary differential shall be paid incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Human Resources. The differential shall be sixty-five dollars ($65) per month. Effective the first of the month following the month this Memorandum of Understanding is adopted by the Board of Supervisors, the differential shall be increased to a total of eighty dollars ($80) per month. Said differential shall be paid to eligible employees in paid status for any portion of a given month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. The Association shall be notified when such designations are made. DATA - 114 - 2001-2005 MOU SECTION 44 - PAST PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING and such remaining portions shall remain in full force and effect for the duration of this MOU. 43.3 Personnel Management Regulations. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a section of the Personnel. Management Regulations, the provision of this MOU shall prevail. It is recognized, however, that certain provisions of the Personnel Management Regulations may be supplementary to the provisions of this MOU or deal with matters not within the scope of representation and as such remain in full force and effect. 43.4 Duration of Agreement. This agreement shall continue in full force and effect from October 1 , 2001 to and including September 30, 2005. Said agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior to sixty (60) days from the aforesaid termination date of its intention to amend, modify or terminate the agreement. SECTION 44 - PAST PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING Continuance of working conditions and past practices not specifically authorized by ordinance or by resolution of the Board of Supervisors is not guaranteed by this MOU; provided, however, that only during the term of this MOU which expires September 30, 2005, the Association may claim a violation of a past practice. If the Association can demonstrate that such past practice exists by virtue of having DATA - 116 - 2001-2005 MOU SECTION 44 - PAST PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING been acknowledged and agreed to by Management and representatives of the Association or by employees represented by the Association .who reach agreement with the Department Head on a specific policy covering a group of employees such as a reassignment policy, the alleged violation of said past practice will be subject to the grievance procedure. Those practices which have been agreed to by Management and not approved by the Department Head must be confirmed and approved by the Department Head within six {6} months from the below execution date of this MOU in order to be considered a past practice pursuant to this provision. DATE: 01 CONTRA COSTA COUNTY DISTRICT ATTORNEY INVESTIGATORS' ASSN. DATA - 117 - 2001-2005 MOU