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RESOLUTIONS - 01012002 - 2002-651
`THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA kdopted this Resolution on October 1, 2002, bythe following vote: AYES: &pervisors Uilkema, DeSaulnier, Glover and Gioia TOES: None ABSENT: rime ABSTAIN: Supervisor Gerber* Resolution No. 20021 651 ;subject: Adopt the Memorandum of Understanding } 1vith the FACS Site Supervisors Unit of ) 1,3ublic Employees Union, Local # 1 } E3E IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the xtension of the Memorandum of Understanding (MOU) [copy attached and included as art of this document] between Contra Costa County and the FACS Site Supervisors of Public Employees Union, Local # 1 - jointly signed by Kathy Ito, Labor Relations -tanager, and Rollie Katz, Public Employees Union, Local # 1 Supervising Business kgent - regarding economic terms and conditions for January 1, 2001 through "eptember 30, 2005 for those classifications represented by that employee organization. *see attached addendm 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 shorn: ATTESTED: October 1, 2002 I ' JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By tl�'�tt.. .,g ,Deputy Contact:Human Resources Department(Kathylto Q 5-1785) cc Labor Relations Unit Personnel Services Unit Auditor-Controller County Counsel Rollie Katz,Local#1 ADDENDUM TO ITEM D.3 — October 1, 2002 Supervisor Gerber made the following statement. "W Chairman, on this item, based on my husband's employment, there may be a requirement for disqualification. So to avoid the appearance of any possible conflict with the State Political Act,I am disqualifying myself from acting on closed session employee organization negotiations and on this agenda item. The circumstances are indirect and not obvious in the law, so I am acting affirmatively in order to avoid any appearance of conflict. I am actually going to leave the room while you consider this." r, MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND PUBLIC EMPLOYEES UNION, LOCAL. # 'I FACS SITE SUPERVISOR UNIT This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of the Contra Costa County Board of Supervisors' Resolution 81/1188 and has been jointly prepared by the parties. The Labor 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. w The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Union is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. This MOU shall be presented to the Contra Costa County Board of Supervisors, as the governing board of the County and appropriate fire districts, as the joint recommendations of the undersigned for salary and DEFINITIONS employee benefit adjustments for the period commencing January 1 , 2001 and ending September 30, 2005. DEFINITIONS Appointing Authority: Department Head unless otherwise provided by statute or ordinance. 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. CounlY: Contra Costa County. Demotion: The change of an 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, or in the Personnel Management Regulations. Director of Human Resources: The person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. LOCAL NO. 1, FACS SITE SUPERVISOR -2- 2001-2005 MOU a-tit • • fo . ! 10 ID M ikV lo ! wo � 4 � 1 ! i i • DEFINITIONS Project Employee: An employee who is engaged in a time limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenues. Project employees are not covered by the Merit System. Promotion: The change of an 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, or in the Personnel Management Regulations. Position: The assigned duties and responsibilities calling for the regular full time, para-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 percent (5%) of the top step, except as otherwise provided for in the Personnel Management Regulations, 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. LOCAL NO. 1, FAGS SITE SUPERVISOR -4- 2001-2005 MOU DEFINITIONS Reemployment„ List: A list of persons, who have occupied positions allocated to class and, who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. Resignation: The voluntary termination of employment with the County. Temporanf _ ;n_noloyment: Any employment which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Tra6sfer: The change of an employee 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. Union: Public Employees Union, Local One SECTION 1 - RECOGNITION The Union is the formally recognized employee organization for the Family and Children's Services -- Site Supervisor Unit. The Union has been certified as such, pursuant to Chapter 4-12 of Contra Mosta County Board of Supervisors' Resolution 81/1155. Represented classes in this unit are: LOCAL NO. 1, FAGS SITE SUPERVISOR -5- 2001-2005 MOU SECTION 2 - .UNION SECURITY Site Supervisor I (9MH2) Site Supervisor III (9MF1 ) SECTION 2 - UNION SECURITY 2.1 Dues Deduction. Pursuant to Chapter 34-26 of Board Resolution 81/1165, only a majority representative may have dues deduction and as such the Union has the exclusive privilege of dues deduction for all members in its unit. 2.2 Maintenance of Membership. All employees in the Family and Children's Services - Site Supervisor Unit, represented by the Union, who are currently paying dues to the Union and all employees in such unit who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union for the duration of this MOU and' each year thereafter so long as the Union continues to represent the class to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.4 — Withdrawal of Membership. 2.3 Union Dues Form. Employees hired into classifications represented by the Union shall, as a condition of employment at the time of employment, complete a Union Dues Authorization Card provided by the Union and shall have deducted from their paychecks the membership dues of the Union. Said employees shall have thirty (30) days from the date of hire to decide if they LOCAL NO. 1, FACS SITE SUPERVISOR -+6- 2001-2005 MOU R or Owr ! • ,r R ,E ! s ! � ! �r ! ! w ! R lw ! so - ! ! SECTION 2 - UNION SECURITY classification in the FACS Site Supervisor Unit may withdraw from Union membership and discontinue paying dues as of the payroll period commencing September 1 , 2005; discontinuance of dues payments to then be reflected in the October 10th paycheck. Immediately upon the close of the above-mentioned thirty (30) day period the Auditor-Controller shall submit to the Union a list of the employees who have rescinded their authorization for dues deduction. 2.5 Communicating with Emolovees. The Union shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in which there are employees represented by the Union, provided the communications displayed have to do with matters within the scope of representation and further provided that the employee organization appropriately ,posts and removes the information. The Department Head reserves the right to remove objectionable materials after notification and discussion with the Union. Representatives of the Union, not on County time, shall be permitted to place a supply of employee literature at specific locations in County buildings if arranged through the Department Head or designated representative; said representatives may distribute employee organization literature in work areas (except work areas not open to the public) if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or LOCAL NO.1,FACS SITE SUPERVISOR -8- 2001-2005 MOU SECTION 2 - UNION SECURITY distribution shall not be performed by on duty employees. The Union shall be allowed access to work locations in which it represents employees for the following purposes: a. to post literature on bulletin boards; b. to arrange for use of a meeting room; C. to leave and/or distribute a supply of literature as indicated above; d'. to represent an employee on a grievance and/or to contact a Union officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit, will be made with the departmental representative in charge of the work area and the visit will not interfere with County services. 2.6 Use of Counlyi�lr Buildings. The Union shall be .Oluiil.>•IIiYr1�11tl�Y�lrtiiili�Ill allowed the use of areas normally used for meeting purposes for meetings of County employees during non- work hours when: a. such space is available and its use by the Union is scheduled twenty-four (24) hours in advance; LOCAL NO.1, FACS SITE SUPERVISOR -9- 2001-2006 MOU SECTION 2 - UNION SECURITY b. there is no additional cost to the County; C. it does not interfere with normal County operations; d. employees in attendance are not on duty and are not scheduled for duty; e. the meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Union shall maintain proper order at the meeting and see that the space is left in a clean and orderly condition. The use of County equipment (other than items normally used in the conduct of business meetings such as desks, chairs, and blackboards) is strictly prohibited, even though it may be present in the meeting area. 2.7 Advance Notice. The Union 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 LOCAL NO. 1, FACS SITE SUPERVISOR -10 - 2001-2005 MOU . . . . .. . . . . . . . . . . . . .. .. .. . . . . . . e � �e � � � ® � ■ � - _ ■ � 2 e 2 2 ■ _ \ e # e � 2 ■ eee \ _ _ ' _ � - � e . � � e � $ ' ® J � � , - ■ - - � e - ~ � � � � � ■ , e ■~ e $ _ e . ° e � $ � § « ■ — < � � � � $ ■ � f t e _ # e - - � . ® : . . . . » . . tee , ` � e . . ■ . - e . 2 - e . : e � � � e f � � e ■ e e $ � # - � » � � ® ■ - \ a - - . ^ ® / .�.� . f . . . . . ! e e � . e ■ � ■ ® ■ . f & ■ - - _ # - 2� � � g e � � - , # ■ � ` - ® . - � ® ` . - . - � . . � - 2 ■ � ■ e � . ■ e - ? ® - ■ - � - $ . § � . e e f � : � t _ * ■ e ■ � , � � ' » § e ■ � � e © a � ` e � ■ � , f ■ � ` - < � � f - . \ , � . # � - � e % � � » ■ � ■ - � ' � � : ■ � � � $ � . » f � e , ■ - � - e ■ ■ ^ - « � ■ � � - 2 e ■ \ m e � e $ - � * elw # : ■ ■ ■ ® f . - ■ e e f - . _ e ■ f � f - e � 2 - � . � ■ $ � f , � e @2f � - e � f , � � ® - op . $ _ e e ■ , . � , ■ - ,: . , , . , � SECTION 2 - UNION SECURITY such requesting organizations (and with other recognized employee organizations where appropriate) to seek agreement on this matter within sixty (60) days after the ten-day period in Subsection B, unless otherwise mutually agreed. Thereafter, the procedures in cases of agreement and disagreement, arbitration referral and expenses, and criteria for determination shall conform to those in Subsections (d) through (i) of Section 34-12.008 of Board Resolution 81/1165. 2.9 Written Statement for New Employees. The County will provide a written statement to each new employee hired into a classification in the bargaining unit, noting that the employee's classification is represented by the Union and the name of a representative of the Union. The County will provide the employee with a packet of information that has been supplied by the Union and approved by the County. 2.10 Additional Information. Upon written request by the Union and no more that two times per year, the Department shall provide a list of the names and classifications of employees that are members of this representation unit. LOCAL NO. 1,FACS SITE SUPERVISOR -12- 2001-2005 MOU \ # : : e ■ - - . e . . ■ . § . - . . . ■ » ! : \ ^ ■ . $ � $ ■ \ - \ • $ � ■ � . � ® 2 . ■ � � ® . ` � � - - - ■ . e e , : e _ e ■ - . , e - , e � e 40 ■ e ff e . « e \ ¥ e � $ e< ° � . � - \ e . ■ e _ e - � e e f e e . # . , e $ . ¥ - : \ e �■ ■ - e $ � $ e _ $ ` \ , - e _ § OF ef . ■ - e � - � \ - ® ' ® ® -» ® � � - ' < ■ . , ■ 2 e $ ® e e f e � . , . - ■ § . e � # . ® » § _ # � ■ $ - f % ° � ■ fe ■ f ' f - - _ , , ■ . f< . ■ 2 - e e ` f ■ ■ ■ e . ■ , � ■ e \ � ` e \ . - $ f ■ e ° . ■ 1 , ' - �■ » e f ■ f ee < " - � . � . - . _ $ $ $ _ $ ■ 2 , e � e _ ■ i e _ . � e . � $ - e ■ . . . e fe - 014 1 e \ ■ e e ■ - m � ■ � ■ - , ■ ■ e _ ■ « , e $ . . ■ > 0 , & ■ a ■ � \ e e ■ ' � e ` ■ ■ ■ ■ eef ■ e ■ ■ _ e ■ ■ -.■ f. e .. f f , e . e - . - $ e ' a » e ^ _ ■ e e »\ ■ ® ■ ■ ® . 22 - . ® � . f , e e » e f ■ f ■ ■ - ■ ± ' ee e e ■ _ e - $ f . $ . 0 .» ^ e � ■ f e ■ ^ e . 0 - A . , » . °, , - . ,, - it , : ■ SECTION 4 - OFFICIAL REPRESENTATIVES SECTION 4 - OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetings. Employees designated as official representatives of the Union shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: a. If their attendance is required by the County at a specific meeting; 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, and required to address appeals filed pursuant to Section 23 -- Grievance Procedure of this MOU; d. they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance -- provided the meetings are scheduled at reasonable times agreeable to all parties; e. if they are designated as spokesperson or representative of the Union and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's LOCAL NO.1, FACS SITE SUPERVISOR -14- 2001-2005 MOU L41 r r i ' f • f f f # OF f r • f • f ! . f f f �' f . ! r f ! '" • fff • f f !t f r ' • ' f r w ' r f f ! * w w r ' • ' f f ! SECTION 5 - SALARIES Requests for release time shall be provided in writing to the Department and County Human Resources at least fifteen (15) days in advance of the time requested. [department Heads will reasonably consider each request and notify the affected employee whether such request is approved, within one (1 ) week of receipt. SECTION 5 - SALARIES 5.1 General Wage Increase. Because employees in the Family and Children's Services Site Supervisor Unit receive external State and federal funding for their programs, these employees are not eligible for general cost of living wage adjustments negotiated between Local One and the County. The following wage increases are effective for Family and Children's Services Site Supervisor Unit employees represented by Public Employees Union, Local One: January 1 , 2001 : 10% increase October 1 , 2001 : 4% increase October 1 , 2002: 5% increase October 1 , 2003: 3% increase October 1 , 2004: 3% increase The parties agree to a salaries-only re-opener during the months of May and June 2002, with any potential salary adjustments and their effective date to be negotiated. LOCAL NO. 1,FACS SITE SUPERVISOR -16- 2001-2005 MOU SECTION 5 - SALARIES .2 Entrance New employees shall generally be appointed at the minimum step of the salary range established for the particular class of the position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range. 5.3 Certification Rule. A. Open Employment List. On each request for personnel from an open employment list, ten (1 U) names shall be certified. If more than one (1 ) position is to . be filled in any Mass in a department at the same time from the same 1 request for personnel, the number of names to be certified from an open employment list shall be equal to the number of positions to be filled plus nine (9). B. Promotional—, Employment List. On each request for personnel from a promotional employment list, five (b) names shall be certified. If more than one (1 ) position is to be filled in any class in a department at the same time from the same request for personnel, the number of names to be certified from a promotional employment list shall be equal to the number of positions to be filled plus four (4). .4 Anniversa[ Dates. Anniversary dates will be set as follows. LOCAL NO.1, FACS SITE SUPERVISOR -17- 2001.2005 MOU SECTION 5 - SALARIES A. New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes six (6) months service, provided however, if an employee began work on the first regularly scheduled workday of the month, the anniversary date is the first day of the calendar month when the employee successfully completes six (6) months service. B. Promotions. The anniversary date of a promoted employee is determined as for a new employee in Subsection 5.4.A above. C. Demotions. The anniversary of a demoted employee is the first day of the calendar month after the calendar month, when the demotion was effective. D. Transfer. Reallocation and Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary range or to a salary range which is within five percent (5%) of the top step of the previous classification, remains unchanged. E. Reemgloyments. The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and LOCAL NO. 1, FACS SITE SUPERVISOR -1S - 2001-2005 MOU a i - i � i • i i / i i i i . iii � � / i / - i • i i i A i i • two owl do . iii i i i / - i i • • i i ` i i ! ` • i i ` i / - s • i i i i ' i / i - / i i ` i ,. i ` i • • i • i i i / i i i • — i . i i i SECTION 5 - SALARIES construed to make the granting of increments mandatory on the County. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.6 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. 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 LOCAL NO. 1,FACS SITE SUPERVISOR -20- 2001-2005 MOU f I w I ! f f w • f I f Aa IMn Ila w w w f # f # f # f # � 11a � � � • - � Ia w w SECTION 5 - SALARIES decrease described in 5.8.A above, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps in the new range do not contain the same rates as the old range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range, or if the new range does not contain a higher step, at the step which is next lower than the salary received in the old range. C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as, above, or below the salary range of the employee's previous class, the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the incumbent shall be placed at the step which is next lower than the salary received in the old range. D. In the event of reallocation to a deep class, the provisions of the deep class resolution and LOCAL NO.1,FACS SITE SUPERVISOR -22- 2001-2005 MOU . � @ � - . � l . � . . . . . . . . . . . . . .. . ... � . � e ' - - - ® - � ® : - � - s � � - $ - > - . . $ . . ® - � � � � e � ■ � e e - ■ # � � , , , � $ e - � e , eee - e ■ � ■ ■ \ e � e � � » , � , e �_ - ■ �■ � f - � � � , � e ' . . , � . . - : _ � � � ■ � ■ � � e e - $ - . � ■ , e $ ewe ef � � e � � � $ � e $ � e ■ � e ef � e � � e � e e $ � - f - < � , � : , � < \ \ * - $ � � ` . . ■ e e - , e � e � e _ � � $ � ® e � . ; , � , ° « . $ � � � . ■ - a . � ■ � e e - - fe # . � . . � . ® . . < � + f f e � � � e ■ ■ � � f e � � � ■ e \ � � e e - � e � � - , . � � $ . � - \ � < � ■ � ^ . . � - � ea � � � � ^ � ■ ■ � - - $ ■� � ' � » # � _ ■ e $ - e , � < - e � < \ f � � e $ ' t � _ e ■ f » _ � � - e f e � - � ® � � . _ � � � � f f e # � - . dee ■ � � - # � � � � � e f f $ - $ . - - - � � � � - � $ - a � eee � - e �■ . _ � � e _ - # e - ■ � � - - , - ® � - � � � � ^ # � � � � � ^ - - # e � _ - \ � , # e � - ¥ » � » $ � _ . » . f@ e ' � ■ � � § : - ■ 2f - ee f - - � � f ' e e � e ■ , e� $ � e � � e « � - � � � � � « � � : - . . ■ f ■ , , , � . � . . e � � � . ■ t , � ■ � � ■ ■ � f ` � $ » $ , # _ � � � $ � � e e $ f ■ . � ■ - � - e . � _ ' f , , � - � ` � � » ` ■ � � - ■ � e . - e � _ � � ° f $ � _ e � ■ - ^ � � e � # e . � � ■ � e . , � . � �■ - . ,, ©,; � , SECTION 5 - SALARIES he/she has been demoted next lower than the salary received before demotion. In the event this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided, however, that the next step shall not be less than the minimum salary for the lower class. Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted employee shall be that step on the salary range which he/she would have achieved had he/she been continuously in the position to which he/she has been demoted, all within-range increments having been granted. 5.11 Salary on voluntary Demotion. Whenever any employee voluntarily demotes to a position in a class having a salary schedule lower than that of the class from which he or she demotes, his or her salary shall remain the same if the steps in his or her new (demoted) salary range permit, and if not, new salary shall be set at the step next below former salary. 5.12 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 LOCAL_ NO. 1,FACS SITE SUPERVISOR -2d- 2001-2005 MOU SECTION 5 - SALARIES 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. 5. 13 Pay for work in Higher Classification. When an employee in this representation unit 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, commencing on the 41st consecutive hour in the assignment, under the following conditions: a. The employee is assigned to a program service, or activity established by the Board of Supervisors which is reflected in an authorized position which has been established and assigned to the Salary Schedule. b. The nature of the departmental, assignment is such that the employee in the lower classification becomes fully responsible for the duties of the position of the higher classification. C. Employee selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. LOCAL NO. 1, FACS SITE SUPERVISOR -25- 2001-2005 MOU SECTION 5 - SALARIES d. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this Memorandum. e. Higher pay assignments shall not exceed six (6) months except through reauthorization. f. If approval is granted for pay for work in a higher classification and the assignment is terminated and later re-approved for the same employee within thirty (30) days no additional waiting period will be required. g. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential) accruing to the employee in his/her regular position shall continue. h. During the period of work for higher pay in a higher classification, an employee will retain his/her regular classification., and anniversary and salary review dates will be determined by time in that classification; except that if the period of work for higher pay in a higher classification exceeds one (1 ) year continuous employment, the employee, upon satisfactory performance in the higher classification, shall be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding any other salary regulations, the salary step placement of employees appointed to the higher class LOCAL NO.1, FACS SITE SUPERVISOR -26- 2001-2005 MOU SECTION 5 - SALARIES immediately fallowing termination of the assignment, shall remain unchanged. 5.14 Payment. On the tenth (1 gth) 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 ane-third (1/3) or less, at the employee's option, of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. The election to receive an advance shall be made on or before April '30 or October 31 of each year or during the first month of employment by filing on forms prepared by the Auditor-Controller a notice of election to receive salary advance. Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to this Section, all required or requested deductions from salary shall be LOCAL NO. 1, FACS SITE SUPERVISOR -27- 2001-2005 MOU SECTION 5 - SALARIES taken from the second installment, which is payable on the tenth (1 4th) day of the following month. 5.15 Pay Warrant Errors. If an employee receives a pay warrant which has an error in ' the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and holidays from the time the Department is made aware of and verifies that the pay warrant is in error. Pay errors in employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either overpayments or underpayments to an employee shall 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. When the County notifies an employee of an overpayment and proposed repayment schedule and the employee wishes to meet with the County, a meeting will be held at which time a repayment schedule shall be determined. If requested by the employee, a Union representative may LOCAL NO.1, FACS SITE SUPERVISOR -28 - 2001-2005 MOU SECTION B - DAYS AND HOURS OF WORK be present at a meeting with management to discuss a repayment schedule in the case of overpayments to the employee. SECTION 6 - DAYS AND HOURS OF WORK The normal work-week of County employees is forty (40) hours, usually five (5), eight (8) hour days. However, where operational requirements of a department require deviations from the usual pattern of hours and days per work-week, an employee's work hours may be scheduled to meet these requirements. SECTION 7 — ANNUAL ADMINISTRATIVE LEAVE S'ite,� Supervisors shall continue to be credited with sixty (60) hours of paid administrative leave each January 1st. This leave time is non-accruable and all balances will be zeroed-out effective December 31 , each year. Employees hired after January 1 shall have such leave prorated based upon position hours. This administrative leave is provided in recognition of those situations when Site Supervisors are expected to work additional hours without receiving overtime pay, such as when responding to emergencies, attending various meetings and administering the program. LOCAL NO. 1, PACS SITE SUPERVISOR -29- 2001-2005 MOU SECTION 9 - WORKFORCE REDUCTION AND LAYOFF SECTION 8 --SECTION INTENTIONALLY LEFT BLANK SECTION 9 — WORKFORCE REDUCTION AND LAYOFF 9.1 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 union 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. Consider employee requests to reduce their position hours from full time to part time to alleviate the impact of the potential layoffs. E. Approve requests for reduction in hours, lateral transfers, and voluntary demotions to vacant, funded positions in classes not scheduled for LOCAL NO.1,FACS SITE SUPERVISOR -30 - 2001-2005 MOU SECTION 9 -WORKFORCE REDUCTION AND LAYOFF 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 officer that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit, the 'Labor Relations Officer shall notify the Union LOCAL NO. 1, FACS SITE SUPERVISOR -31 - 2001-2005 MOU SECTION 9 - WORKFORCE REDUCTION AND LAYOFF of the possibility of such layoffs and shall meet and confer with the Union regarding the implementation of the action. 9.2 Separation T"hrouah Layoff A. Grounds for Layoff. Any employee(s) 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, full time employee may displace an employee in the department having less seniority in the same class who occupies a 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 completed probation in a class at the same or lower LOCAL NO. 1,PACS SITE SUPERVISOR -32 - 2001-2005 MOU SECTION 9 - WORKFORCE REDUCTION AND LAYOFF salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class of an employee having less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. D. Particular Rules on Displac!M. 1 . Permanent part-time employees may displace only employees holding positions of the same type respectively. 2. A full time employee may displace any 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 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 full time employee seniority rights for layoff purposes only and may in a later layoff displace a full time employee with less seniority as provided in these rules. LOCAL NO. 1, FACS SITE SUPERVISOR -33- 2001-2005 MOU SECTION 9 - WORKFORCE REDUCTION AND LAYOFF 4. It is understood that Project employees are not covered by the Merit System and that Project employees cannot displace Merit System employees. 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 (5%) percent of the former class shall carry the seniority accrued in the former class into the new class. Service for layoff and displacement purposes includes only the employee's last continuous regular 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 position within the period of layoff eligibility. Approved leaves of absence as provided for in this MOU shall not constitute a period of separation. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous regular LOCAL NO. 1+ FACS SITE SUPERVISOR -34- 2001-2005 MOU i t • • i +/ i i ' " • ! • r ! • i i � i i s i 00 * • . i " i • i ` • ! ! ' # ` i lw ! • • • .F " i i .R • • i i r " SECTION 9 --WORKFORCE REDUCTION AND LAYOFF 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. Appointment 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 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. Non- Merit employees will be required to meet all Merit System requirements when seeking appointment to a Merit System job. J. Removal of Names from Reemployment & Layoff Lists. The Director of Human Resources may LOCAL NO. 1, FACS SITE SUPERVISOR -36- 2001-2005 MOU SECTION 9 -WORKFORCE REDUCTION AND LAYOFF remove the name of any eligible from a reemployment or layoff list for any reason listed below: 1 . For any cause stipulated in Section 404.1 of the Personnel Management Regulations. 2. On evidence that the eligible cannot be located by postal authorities. 3. On receipt of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class. 4. If three (3) offers of 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 mailed to the person's last known address. f. 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 appointment of a person on a layoff list is to a lower class which has a LOCAL NO. 1, FACS SITE SUPERVISOR -37- 2001-2005 MOU SECTION 9 -WORKFORCE REDUCTION AND LAYOFF top step salary lower than the top step of the class from which the person was laid off, the name of the person shall not be removed from the layoff list. Any subsequent appointment of such person from the layoff list shall result in removal of that person's name. K. Removal of Names from Reemplovment and Layoff List. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff list if the eligible fails to respond within five (5) days .to a written notice mailed to the person's last known address. 9.3 Notice. The County agrees to give employees scheduled for layoff at least ten '(10) work days notice prior to their last day of employment. 9.4 Special Employment Lists. The County will establish a TET Employment Pool which will include the names of all lard 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). 9.5 Reassignment of Laid Off Employees. Employees who displaced within the same classification from full time to part-time status in a layoff, or who LOCAL NO. 1, FAGS SITE SUPERVISOR -38 - 2001-2005 MOU • � # r • 1 r N � • N : M :. IIS * . SECTION I I - VACATION LEAVE Such other days as the Board of Supervisors may by resolution .designate as holidays. Any holiday listed above which falls on a Saturday shall be celebrated on the proceeding Friday and any holiday listed above which falls on a Sunday shall be celebrated on the following Monday. 10.2 Floating Holidays. All employees shall accrue two (2) hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one- tenth (1h0) hour (6 minutes). No employee may accrue more than forty (40) hours of personal holiday credit. On separation from County service, the employee shall be paid for any unused personal holiday credits at the employee's then current pay rate. 10.3 Application of Holiday Credit. Employees shall be entitled. to a holiday whenever a holiday is observed pursuant to the schedule cited above. SECTION 11 - VACATION LEAVE 11 .1 Vacation Allowance. Employees covered by this agreement 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 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 LOCAL NO. 1, FACS SITE SUPERVISOR -40- 2001-2005 MOU SECTION 91 -VACATION LEAVE be in minimum amounts of one (1 ) hour calculated on the same basis as for partial month compensation pursuant to Section 5 of this MOU. vacation credits may be taken in 1/10 hour (6 minute) increments but may not be taken during the first six (8) 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. 11 .2 Vacation Accrual lutea. Employees shall accrue vacation credit as follows: Monthly Maximum Accrual Cumulative Length of Service Hours Hours Unger 11 years 10 240 11 years 110-2/3 255 12 years 11-1/3 272 13 years 12 258 14. years 12--2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 152/3 400 25 through 29 years 20 480 30 years and up 23-1/3 580 11 .3 Accrual Dunn Leave without Pay. leo 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 LOCAL NO.1, FACS SITE SUPERVISOR -41 - 2441.2405 MOU SECTION 11 -VACATION LEAVE absence. 11 .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. 11 .5 Vacation Buy Back. Employees may elect payment of up to one-third ( /,3) of their annual vacation accrual, subject to the following conditions: (1 ) the choice can be made only once in each calendar year; (2) payment shall be based on an hourly rate determined by dividing the employee's monthly salary by 173.33; and (3) the maximum number of hours that may be paid in any calendar year is one-third ( 13) of the annual accrual. In those instances where a lump-sum payment has been made to employees as a retroactive general salary adjustment for a portion of the calendar year, which is subsequent to exercise by an employee of the buy-back provision herein, that employee's vacation buy-back shall be adjusted to reflect the percentage difference in base pay rates upon which the lump-sum payment was computed -- provided that the period covered by the lump- sum payment was inclusive of the effective date of the vacation buy-back. LOCAL NO. 1,PACS SITE SUPERVISOR -42- 2001-2005 MOU SECTION 12 - SICK LEAVE SECTION 12 - SICK LEAVE 12.1 ,Purpose of„Sick Leave. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the County and may be used only as authorized; it is not paid time off which employees may use for personal activities. 12.2 Credits To and Charges Against Sick Leave. Sick leave credits accrue at the rate of eight (8) working hours credit for each completed month of service, as prescribed by County Salary Regulations. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-tenth hour (6 minutes) increments. Unused sick leave credits accumulate from year to year. When an employee is separated other than through retirement, accumulated sick leave, credits shall be canceled, unless the separation results from layoff, in which case the accumulated credits shall be restored if re- employed in a regular position within the period of layoff eligibility. LOCAL NO.1, FACS SITE SUPERVISOR -43 - 2001-2005 MOU SECTION 12 - SICK LEAVE As of the date of retirement, an employee's accumulated sick leave is converted to retirement on the basis of one ('I ) day of retirement service credit for each day of accumulated sick leave credit. 12.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary purpose of paid sick leave is to ensure employees against Toss of pay for temporary absences from work due to illness or injury. The following definitions apply: Immediate Family: Includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece, nephew, father-in-law, mother-in-law, daughter-in- -law, son-in-law, brother-in-law, sister-in-law, foster children, aunt, uncle, cousin, stepbrother, stepsister, or domestic partner of an employee and/or includes any other person for whom the employee is the legal guardian or conservator, or any person who is claimed as a "dependent" for IRS reporting purposes by the employee. Employee: Any person employed by Contra Costa County in an allocated position in the County service. Paid Sick Leave Credits: Sick leave credits provided for by County Salary Regulations and memoranda of understanding. . Condition/Reason: With respect to necessary verbal contacts and confirmations which occur between the LOCAL NO. 1, FACS SITE SUPERVISOR -44- 2001-2005 MOU SECTION 12 - SICK DAVE department and the employee when sick leave is requested or verified, a brief statement in non-technical terms from the employee regarding inability to work due to injury or illness is sufficient. Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: a Temgoraa Illness or lniuU of an Employee. Laid sick leave credits may be used when the employee is off work because of a temporary illness or injury. b. Permanent Disability Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: 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 LOCAL NO. 1, FACS SITE SUPERVISOR -45- 2001-2005 MOU SECTION 12 -SICK LEAVE authority within thirty (30) days of. the start of use of sick leave for permanent disability. 3. The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. c. Communicable Disease. An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. d. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, -miscarriage, abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below: 1 . Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of UNCAL NO.1,FACS SITE SUPERVISOR -46- 2001-2006 MOU SECTION 12 , SICK LEAVE disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician -anticipates the disability to terminate. 2. if an employee does not apply for leave and the appointing authority believes that the employee is not able to properly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery therefrom the employee shall be required to undergo a physical examination by a physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3. Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. LOCAL NO.1, FACS SITE SUPERVISOR -47- 2001-2005 MOU SECTION 12 - SICK LEAVE e. Medical and 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 Family. An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. g. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee's domestic partner, but this shall not exceed three (3) working days, plus up to two (2) days of work time for necessary travel. Use of additional accruals including sick leave when appropriate may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. h. Legal Adoption of a Child. Paid sick leave credits may be used by an employee upon adoption of the child. LOCAL NO. 1, FACS SITE SUPERVISOR -48 - 2001-2005 MOU SECTION 12 - SICK LEAVE L Accumulated paid sick leave credits may not be used in the following situations: .1 . 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. 2. Not in Pay---- tatus. 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. 12.4 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. Employee Responsibilities 1 . Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2. Employees are responsible for keeping their department informed on a continuing basis LOCAL NO. 1, FACS SITE SUPERVISOR -49- 2001-2005 MOU SECTION 12 - SICK LEAVE of their condition and probable date of return to work. 3. Employees are responsible for obtaining advance approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointment. 4. Employees are encouraged to keep the department advised of (1 ) a current telephone number to which sick leave related inquiries may be directed, and (2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. b. Department Responsibilities. The use of sick leave may properly be denied if these procedures are. not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim. The department head or designee may make reasonable inquiries about employee absences. The department may require medical verification for an absence of three (3) or more working days. The department may also require medical verification for absences of less than LOCAL NO. 1, FACS SITE SUPERVISOR -50- 2001-2005 MOU SECTION 12 - SICK LEAVE three (3) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: 1 . Calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call-in guidelines. These inquiries shall be subject to any restrictions imposed by the employee under Section 12.4.a. 2. obtaining the employee's signature on the Absence/overtime record, or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3. obtaining the employee's written, statement of explanation regarding the sick leave claim. 4. requiring the employee to obtain a physician's certificate or verification of the employee's illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as specified above. b. In absences of an extended nature, requiring the employee to obtain from their physician a LOCAL N4, 1, FACS SITE SUPERVISOR -51 - 2001-2005 MOU SECTION 12 - SICK LEAVE statement of progress and anticipated date on which the employee will be able to return to work, as specified above. Department heads are responsible for establishing timekeeping procedures which will insure the submission of a time card covering each employee absence and for operating their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the, County Administrator. To help assure uniform policy application, the Human Resources Director or designated management staff of the County Human Resources Department should be contacted with respect to sick leave determinations about which the department is in doubt. 12.5 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 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 physically or mentally incapacitated for the performance of the employees duties. LOCAL NO. 1, FACS SITE SUPERVISOR -52- 2001-2005 MOU SECTION 12 - SICK LEAVE B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense and on the employee's paid time, a physical, medical examination by a licensed physician and/or psychiatric examination by a licensed physician or psychologist, and receive a report of the findings on such examination. If the examining physician or psychologist recommends that treatment for physical or mental health problems, including leave, are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/"or undergo such treatment. C. Leave due to temporary or permanent disability shell be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary. The Human Resources Director may order lost pay restored for good cause and subject to the employee's duty to mitigate damages. LOCAL NO. 1, FACS SITE SUPERVISOR -53- 2001-2005 MOU SECTION 12 - SICK LEAVE D. Before an employee returns to work from any absence for illness or injury, other leave of absence or disability leave, exceeding two weeks in duration, the appointing authority may order the employee to undergo at County expense a physical, medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as he/she deems necessary in accordance with appropriate provisions of this MOU. E. Before an employee is placed on an unpaid leave of absence or suspended because of physical or mental incapacity under (A) or (B) above, the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or by certified mail, containing the following: 1 . a statement of the leave of absence or suspension proposed; 2. the proposed dates or duration of the leave or suspension which may be indeterminate until a certain physical or mental health condition has been attained by the employee; LOCAL NO. 1, FACS SITE SUPERVISOR -54- 2001-2005 MOU SECTION 12 - SICK LEAVE 3. a statement of the basis upon which the action is being taken; 4. a statement that the employee may review the materials upon which the action is taken; 5. a statement that the employee has until a specified date (not less than seven (7) work days from personal delivery or mailing of the notice) to respond to the appointing authority orally or in writing. F. Pending response to the notice the appointing authority for cause specified in writing may place the employee on a temporary leave of absence, with pay. G. The employee to whom the notice has been delivered or mailed shall have seven (7) work days to respond to the appointing authority either orally or in writing before the proposed action may be taken. H. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing stating specifically the basis upon which the action is being taken, delivering the order to the employee either personally or by certified mail, effective either upon personal delivery or deposit in the U.S. Postal Service. LOCAL NO. 1, FACS SITE SUPERVISOR -55- 2001-2005 MOU SECTION 12 - SICK LEAVE 1. An employee who is placed on leave or suspended under this section may, within ten (10) calendar days after personal delivery or mailing to the employee of the order, appeal the order in writing through the Director of Human Resources to a Disability Review Arbitrator, J. In the event of an appeal to 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 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. LOCAL NO. 1, PACS SITE SUPERVISOR -56- 2001-2005 MOU ............ SECTION 12 - SICK LEAVE Scope of the Arbitrator's Review. 1 . The arbitrator may affirm, modify or revoke the leave of absence or suspension. 2. The arbitrator may make his decision based only on evidence submitted by the County and the employee. 3. 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. 4. The arbitrator's fees and expenses shall be paid one-half by the County and one-half by the employee or employee's association. �. It is understood that the benefits specified in Section 12 -- Sick Leave, and Section 13 — Workers' Compensation and Continuing Pay, shall be coordinated with the rehabilitation program as determined by the labor- management committee. 12.6 Accrual , During Leave Without No employee who has been granted a leave without pay or an unpaid military leave shall accrue any sick leave credits during the time of such leave nor shall an employee who is LOCAL NO.1, FACS SITE SUPERVISOR -57- 2001-2005 MOU SECTION 13 --WORKERS' COMPENSATION AND CONTINUING PAY absent without pay accrue sick leave credits during the absence. 12.7 Confidentiality of Information/Records. Any use of employee medical records will be governed by the Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26). SECTION 13 — WORKERS' COMPENSATION AND CONTINUING PAY 13.1 Workers' Compensation. For all accepted workers' compensation claims filed with the County on or after January 1 , 2000, employees shall receive eighty-six percent (86%) of their regular monthly salary during any period of compensable temporary disability not to exceed one (1 ) year. If workers' compensation benefits become taxable income, the County will restore the former benefit level, one hundred percent (100%) of regular monthly salary and the parties shall meet and confer with respect to funding the increased cost. 13.2 Waiting Period. There is a three (3) calendar day waiting period before workers' compensation benefits commence. If the injured worker loses any time on the date of injury, that day counts as day one (1 ) of the waiting period. If the injured worker does not lose time on the date of the injury, the waiting period will be the first three (3) calendar days following the date of the injury. The time the employee is scheduled to work during this waiting period will be charged to the employee's sick leave and/or LOCAL NO.1,FACS SIVE SUPERVISOR -58 - 2001-2005 MOU SECTION '13 - WORKERS' COMPENSATION AND CONTINUING PAY vacation accruals. In order to qualify for workers' compensation the employee must be under the care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds fourteen (14) days. 13.3 ContinuiEligible employees who are members of this representation unit shall receive eighty- six percent (86%) of regular monthly salary during any period of compensable temporary disability not to exceed one year. "Compensable temporary disability absence" for the purpose of this Section, is any absence due to work- connected disability which qualifies for temporary disability compensation under Workers' Compensation Law set forth :in Division 4 of the California Labor Code. When any disability becomes medically permanent and stationary, the salary provided by this Section shall terminate. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which continuing pay is received. Employees shall be entitled to a maximum of one- (1 ) year of continuing pay benefits for any one injury or illness. Continuing pay begins at the same time that temporary workers' compensation benefits commence and continues until either the member is declared medically permanent/stationary, or until one (1 ) year of continuing pay, whichever comes first, provided the employee remains in an active employed status. Continuing pay is LOCAL. NO. 1, FACS SITE SUPERVISOR -59- 2001-2005 MOU SECTION 13 -WORKERS' COMPENSATION AND CONTINUING PAY automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer employed by the County. In these instances, employees will be paid workers' compensation benefits as prescribed by workers' compensation laws. All continuing pay will be cleared through the County Administrator's Office, Risk Management Division. 13.4 Physician Visits. Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours, the employee shall be allowed time off - up to three (3) hours - for such treatment, without loss of pay or benefits. Said visits are to be scheduled contiguous to either the beginning or end of the scheduled workday whenever possible. This .{provision applies only to injuries/illnesses that have been accepted by the County as work related. 13.5 Amlicable Pay Beyond One Year. If an injured employee remains eligible for temporary disability beyond one (1 ) year, applicable salary will continue by integrating sick leave and/or vacation accruals with Workers' Compensation benefits. If salary integration is no longer available, Workers' Compensation benefits will be paid directly to the employee as prescribed by Workers' Compensation laws. 13.6 Rehabilitation Integration. An injured employee who is eligible for Workers' Compensation LOCAL NO. 1, FAGS SITE SUPERVISOR -60- 2001-2005 MOU - e . Z y ; « ■ « . ; . \ . % � . . ° ■ � ' � e $ � ■ $ , ■ � � � ' � e e e . � e < : � � f $ . � ■ - � , - � » ■ . , e � ^ . ■ � % � e f � - � ■ $ l � e � . � - � ■ � ' ® . : � . . . a � $ - � \ : # \ ® : »� $ � � a f � ■ ■ � : $ : tee . $ f � � � � ■ _ ■ - $ ■ � ■ , ■ e ® \ f . # � e , ■ ■ ® � . � ■ ` f � ■ e f f < , � � y � � � � - - � ■ � ■ � ■ � ` e � - f $ ■ � f � ■ � e ■ § � � � - ■ - � . e � � ° ® � . . ® � f . ■ � . . � ■ ■ _ e ` e e � $ $ f � - f � e � e � . . � � � � a � � � e � � � � e � f . $ � e � . � ■ $ � ® � $ � � . ■ . � � - � ■ ! . � = f � � ® �, � , � � ^ T � e � $ ■ � ee � � ° ■ e of e � $ e ` � f ^ . ■ f� . ■ ■ � ` � f � � _ _ $ _ e _ e ■ ° _ e © f ` ■ ■ - f � e . ■ � fa ■ ■ � � ■ _ � � � e � � . .. � . 4 , _ $ � ■ � - � $ _ e � � � e � _ ■ � ' ■ � � ■ � - � � f - ■ \ °e f - � � � $ � e � . . ■ m - ^ : , ■ - e , _ ■ - e . 2 � ° ■ - : e � ' ® � � @ . ` � ■ ' � e ■ . \, - e � � e � ■ , � - � ■ e � � ® - ■ IVe e e . ` . , e ' ■ e .e ' - : , ' ■ $ f e - 2e fee . w - � t � � t - � � - � ■ « ee ` � f � . � 2 # � - � : ' # ' - ` , . , , � � . . . � . , < . ■ - i . : , . ,� � � , . SECTION 14 - STATE DISABILITY INSURANCE (SDI) the amount of the SDI payment and the employee's base monthly salary. Integration of sick leave with the SDI benefit is automatic and cannot be waived. Integration applies to all SDI benefits paid. For employees off on SDI, the department will make appropriate integration adjustments, including retroactive adjustments if necessary. Employees must inform their department of hospitalization in a timely manner in order for the department to make appropriate integration adjustments. State Disability benefit payments will be sent directly to the .employees at their home address by the State of California. When there are insufficient sick leave accruals available to fully supplement the difference between the SDI payment and the employee's base monthly salary, accruals other than sick leave may be used. These accruals may be used only to the extent that total payments do not exceed the employee's-base monthly salary. 14.2 Procedures. Employees with more than 1 .2 hours of sick leave accruals at the beginning of the disability integration period must integrate their sick leave accrual usage with their SDI benefit to the maximum extent possible. When employees have 1 .2 hours or less of sick leave accruals at the beginning of the disability integration period, the department shall automatically use 0.1 hour of sick leave per month for the duration of their SDI benefit. LOCAL NO. 1,FACS SITE SUPERVISOR -62- 2001-2005 MOU SECTION 14 - STATE DISABILITY INSURANCE (SDI) When sick leave accruals are totally exhausted, integration with the SDI benefit terminates. An employee may use any other accruals without reference to or integration with the SDI benefit. When the SDI benefit is exhausted, sick leave integration terminates. Then the employee may use sick leave or ether accruals. Employees with no sick leave balance at the beginning of the disability integration period may use any other 1 accruals without reference to or integration with the SDI benefit. Employees whose SDI claims are denied must present a copy , of their claim denial to their department. The department will then authorize use of unused sick leave and shall authorize the use of other accruals as appropriate. Employees may contact the Human Resources Department, Benefits Division, for assistance in resolving problems. 148,3 Method^of Integration. Until an employee has a balance of 1 .2 hours of sick leave, the employee's sick leave accrual charges while receiving SDI benefits shall be calculated each month. The amount of sick Leave charged each employee will be calculated in the following manner: LOCAL NO.1, FACS SITE SUPERVISOR -63- 2001-2005 MOU ....................................... SECTION 14 - STATE DISABILITY INSURANCE (SDI) r The percentage of base monthly salary not covered by the SDI benefit will be applied to the daily hours in the employee's schedule and that number of sick leave hours will be charged against the employee's sick leave accruals. For purposes of integration with the SDI program, all full- time employees' schedules will be converted to 8-hour/5- day weekly work schedules during the period of integration. The formula for full-time employees' sick leave integration charges is shown below: L = [(S-D) - S] x 8 , S = Employee Base Monthly Salary H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3] W = Weekly SDI Benefit from State of California SDI Weekly Benefit Table C = Calendar,Days in each Month D = Est.,Monthly SDI Benefit [D = (W 7) x C] L = Sick Leave Charged per Day Permanent part-time, permanent-intermittent employees, and those full-time employees working a light/limited duty reduced schedule program shall have their sick leave integration adjusted accordingly. 14.4 Definition. -"Base Monthly Salary„ for purposes of sick leave integration is defined as the salary amount for the employee's step on the salary schedule for the employee's permanent classification as shown in the "Salary" field on the On-Line Payroll Time Reporting LOCAL NO. 1, FACS SITE SUPERVISOR -64- 2001-2005 MOU � . � � - fe ■ � � # � � � � � ■ $ � ~ e �� $ e . . � e ee . f2 • . - � � 7 , - - � : - � e - f . ■ ■ � � . , . . � � . � $ . , - � ■ e - - . © � _ $ � , » $ � - $ _ ee - f \ . _ f ■ , e . , : - ® ■ $ � e - . ' . . . e � - e ■ - f� � ° � � ■ f _ $ � � f $ � - . . , - , � e , � ■ - . ■ 2 - @ � . � � . \ ■ . , $ e < \ � e - e � � - � ° - e � ^ # e � J \ ■ ® ,. , ■ # - ® - ■ ■ - e » ^ eef � ■ e � t _ � � � \ ■ � $ f � .e � « � _ � � . ■ ® � # e 2 . . \ � e � � - . � � f ■ » eye � � � � � � . e � ` e � 2f ■ e � , _ « ee < f � . � ■ e � e e ■ � - m e « � � $ � _ � � � e - � e � ■ e � � 2 � e . � ' , ■ � _ � - � ; » . e e - - - ■ 2 � � ■ e � e ■ ^: � ` _ - $ � . . . $ � : e � ■ - � , $ - ■ e � . e � $ � � $ � - e � e � a � # � ■ � � - e - e . � - e e � � . ■ f _ ° ■ : _ ■ : - ■ f e \■ � \ � � . e e - , - � � ^ � e e � f f � � � e � �\ � . e - - : � ~ e � � \ ® � e � f � . e � f ® e � ■ � _ . � & , � � � � � ■ � � � » ® � # � � # _ f ■ . ' e '� ■ $ 2 - � � » f _ . - _ \# � � . e . � . - � ■ ■ � f - � , �` � � � e _ e ~ » \ � ■ . � e � e - et e ■ ■ � � ^ - � � ■ � ��■ � e .■ � . , < . .. � . < . : � . . �- . , - , <„ „ � ■ SECTION 15 - CATASTROPHIC LEAVE BANK Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical impairment or disability which manifests itself during employment. 15.2 operation. The plan will be administered under the direction of the Human Resources Director. The Human Resources Department will be responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the Bank to the recipient's sick leave account. Disbursement of accruals will be subject to the approval of a six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests for credits and shall make determinations as to the appropriateness of the request. The committee shall determine the amount of accruals to be awarded for employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requestor basis. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall be treated as regular sick leave accruals. To receive credits under this plan, an employee must be a member of this representation unit, must have exhausted all time off accruals to a level below eight (8) hours total, have applied for a medical leave of absence and have medical verification of need. LOCAL NO. 1, FACS SITE SUPERVISOR -66- 2001-2005 MOU w w • s w SECTION 16 - LEAVE OF ABSENCE the sole discretion of the committee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six (6) months. The committee will be entitled to limit benefits in accordance with available contributions and to choose from among eligible applicants, on an anonymous basis, those who will receive benefits, except for hours donated to a specific employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the bank or returned to the donor's account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. SECTION 16 - LEAVE OF ABSENCE 16.1 Leave Without Pay. Any employee represented by this unit 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. LOCAL NO. 1s FACS SITE SUPERVISOR -68- 2001-2005 MOU SECTION 16 - LEAVE OF ABSENCE 16.2 General Administration - Leaves of Absence. Requests for leave without pay shall be made upon forms prescribed by the Director of Human Resources and shall state, specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1 . Illness, disability, or serious health condition; 2. pregnancy or pregnancy disability; 1 family care; 4. to take a course of study such as will increase the employee's usefulness on return to the position, 5. for other reasons or circumstances acceptable to the appointing authority. B. An employee must request family care leave 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 family care leave arises. LOCAL NO. 1, FACS SITE SUPERVISOR -69- 2001-2005 MOU SECTION 16 . LEAVE OF ABSENCE C. A leave without pay may be for, a period not to exceed one (1 ) year, provided the appointing authority may extend such leave for additional periods. The procedure in granting extensions shall be the same as that in granting the original leave, provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave. D. Nevertheless, a leave of absence for the employee's serious health condition or for family care shall be granted to an employee who so requests it for up to eighteen (18) weeps in each calendar year period in accordance with Section 18.5 below. E. Whenever an employee who has been granted a leave without pay desires to return before the expiration of such leave, the employee shall submit a request to the appointing authority in writing at least fifteen (15) days in advance of the proposed return. Early return is subject to prior approval by the appointing authority. The Human Resources Department shall be notified promptly of such return. F. Except in the case of leave of absence due to family care, pregnancy, pregnancy disability, illness, disability, or serious health condition, the decision of the appointing authority on granting or denying leave or early return from leave shall be LOCAL NO. 1, FACS SITE SUPERVISOR -70- 2001-2005 MOU .,........ «. .......... # ! # # a ! ! # # ! # # 10 fM r � 1 # w. a � # � • # # # # ! # # # # # # ! # # SECTION 16 - LEAVE OF ABSENCE pay to the Auditor-Controller. The existing Voluntary Time Off program shall be continued for the life of the contract. 16.4 Military Leave. Any employee who is ordered 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. Additionally, any employee who volunteers for service during a mobilization under Executive order of the President or Congress of the United States and/or the State Governor in time of emergency, shall be granted a leave of absence in accordance with applicable Federal or State laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position 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 LOCAL NO. 1,FACS SITE SUPERVISOR -72- 2001-2005 MOU . . . .. . . . . . . . . .. . . lw e f e _ e - : . . � ■ - . ` e e � . � _ � f # \ ' � , ■ f - , � - e . - e � 2 � ee � � � � ■ _ . e . - _ � _ � � - - - � � ~ e $ � f - � ■ , e � � , � * � � . . � � $ � � l � $ � $ , � � � : - e � - � . - � » � , . � f � � . e ' ■ f � f ■ ■ � � f f � � � e - � ■ � - f e ■ � � 2 � � ■ ` e ■ - . ■ . � f . l � ■ � < $ � - - � ■ # - - � ■ ■ � . e \ ■ � » , _ , � - e � e ° � t » e . e � � ■ �� e � e - e e � . e � � f - � ■ e � � f - - e � f . $ \ ' � $ $ $ ■ e � � f � �f e � - . . $ e . . . � f � e ■ f - e . - . - . ■ . � f � ■ . ■ ■ . ` $ . . � e � - f � � $ , . � , � \ . : . , : a . � f ® ■ . e �' � � � � � � � � � ■ # $ e ■ - .� � § _ e ■ � � � - ' $ ■ _ , ± f � 2- $ e , f . ■ ■ _ $ � ■ « * f e ' e OF , _ $ - e - ■ e , e ■ ■ ^ ® - $ ' - � � . . � - - . . � � e � � ■ # ` e ` ee ° \f . . � e � � _ - e � _ # - e � � ■ � $ � � � . ■ f � - ■ : fie SECTION 16 - LEAVE OF ABSENCE work schedules depending on the specific circumstances and situations surrounding the request for leave. The eighteen (18) weeks may include use of appropriate available paid leave accruals when accruals are used to maintain pay status, but use of such accruals is not required beyond that specified in Section 16.12 below. When paid leave accruals are used for a medical or family care leave, such time shall be counted as a part of the eighteen (18) week entitlement. 16.8 Aggregate Use for Spouse. In the situation where husband and wife are both employed by the County, the family care of medical leave entitlement based on the birth, adoption or foster care of a child is limited to an aggregate for both employees together of eighteen (18) weeks during 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. 16.9 Definitions. For medical and family care leaves of absence under this section, the following definitions apply: A. 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. LOCAL NO. 1, FACS SITE SUPERVISOR -74- 2001-2005 MOU SECTION 16 - LEAVE OF ABSENCE B. Parent: A biological, foster, or adaptive parent, a step-parent, legal guardian, conservator, or other person standing in loco parentis to a child. C. mouse: A partner in marriage as defined in California Civil Code Section 4100. D. 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. E. Serious Health Condition: An illness, injury, impairment, or physical or mental condition which. warrants the participation of a family member to provide care during a period of treatment or supervision and 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) as defined by State and Federal law. F. 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. LOCAL NO.1, FACS SITE SUPERVISOR -75- 2001-2005 MOU SECTION 16 - LEAVE OF ABSENCE 1 . the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. an estimate of the amount of time which the employee needs to render care or supervision; 4. a statement that the serious health condition warrants the participation of a family member to provide care during period of treatment or supervision; 5. if for intermittent leave or a reduced work schedule leave, the certification should indicate that the intermittent leave or reduced leave schedule is necessary for the care of the individual or will assist in their recovery, and its expected duration. G. 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: 1 . the date, if known, on which the serious health condition commenced; LOCAL NO. 1, FACS SITE SUPERVISOR -76- 2001-2005 MOU SECTION 16 - LEAVE OF ABSENCE 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's job; 4. if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. H. 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. 16.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under Section 12.3.0 - Sick Leave Utilization for Pregnancy Disability, that time will not be considered a part of the eighteen (18) week family care leave period. 16.11 Gip Health Plan Coverage. 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 LOCAL NO. 1, FACS SITE SUPERVISOR -77- 2001-2005 MOU SECTION 16 - LEAVE OF ABSENCE maintaining their employment in pay status as described in Section 16.12. During the eighteen (18) weeks of an approved medical or family care leave under Section 16.5 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 16.12. 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. 16.12 Leave Without Pay - Use of Accruals. A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using available sick leave (if so entitled under Section 12.3 - Policies Governing the Use of Paid 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 LTD Benefit Coordination or State Disability Insurance/Sick Leave Integration under Section 14 — State LOCAL, NO. 1, FACS SITE SUPERVISOR -78- 2001-2005 MCU • s # ! i 1 i i SECTION 16 - LEAVE OF ABSENCE 16.13 Leave of Absence Replacement and Reinstatement. Any employee that is a member of this representation unit, who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to a position in that classification and department and then only on the basis of seniority. In case of severance from service by reason of the reinstatement of an employee, the provisions of Section g - Workforce Reduction and Layoff, shall apply. 16.14 Reinstatement From Family Care Medical Leave. In the case of a family care or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or comparable position if the, return to work is after no more than ninety (90) work days of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after no more than seven hundred twenty (720) hours, including use of accruals, of intermittent or reduced 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. LOCAL NO. 1, FACS SITE SUPERVISOR -80- 2001-2005 MOU OM • � / i i! � 7f - • - � ae i i ,� • i i � +i .. ,. � i s i i DOM ,w # ! t ! . i • ' • . 4r ! • . SECTION 17 - JURY DUTY AND WITNESS DUTY Federal Court, or a Coroners jury, employees may remain in their regular County pay status, or they may take paid leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses paid to them. When an employee is summoned for jury duty selection or is selected as a juror in a Municipal, Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless of shift assignment and the following shall apply: a. If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived - or surrendered. The employee shall furnish the certificate to his department where it will be retained as a department record. No "Absence/Overtime Record" is required. b. An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. No court certificate is required but an "Absence/Overtime Record" must be submitted to the department payroll clerk. Employees are not permitted to engage in any employment regardless of shift assignment or occupation before or after daily jury service that would affect their LOCAL NO. 1, FACS SITE SUPERVISOR -82- 2001-2005 MOU � � � e � � T - - ■ ; ! � ■ � * ' - e ■ ,� ■ � ■ �■ ■ ■ - �. � �� f . . ■ � � � � � e ■ - e � e e < � e ■ � # - ee e � e e \ e ■ ■ . - \ _ e ■ § f - ■ e ° e # $ ' e e .0 ? . § . ■ � � e ° f e _ < $ � , ■ ' f e J ^ e « ■ $ � � e � � ■ � . e . ■� � f . � » ■ � � � ee �- . : - ■ ee , � ■ � ® - ®� . e � � � ■ � � � e ■ � � � $ � � e - � e � � ® ® ■ - 2 . \ $ � � � - � � e X -e . . � f # � ■ e � � f/ ■ - � - � 4w _ $ e Iv e e - ■ , � � . ` � ® - « � ■ � � - � ® - \ � , . $ 2 _ sem _ ■ . , 2 e � ■ e - . � ■ e e - $ � e e �� - e e ' ■ $ e 2 _ , e e e . ■ ' e . »f . e # � ` � \ ■ e . f - . � � e » � f � e - ■ , \ f � � . � ? ee � \ e $ \ � ■ � : � ` e � e e _ e ■ - � e � � - e � $ : , ; � $ � � $ � _ � � $ ■ �■ � $ e � � � � � � - � � ■ e e ■ � e � , ; e - $ f � ■ � SECTION 18 - PROBATIONARY PERIOD probationary period commencing on the date of appointment. For original entrance appointments, the probationary period shall be nine (9) months in duration. For promotional appointments, the probationary period shall be six (6) months. The probationary period shall not include time served in temporary or provisional appointments or any period of continuous leave of absence without pay or period of work-connected disability exceeding fifteen (15) calendar days. When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the Director of Human Resources receives from the appointing authority a statement, in writing, that. the services of* the employee during the probationary period were satisfactory and that the employee is recommended for appointment. If a clerical or administrative error delays a probationary report and it is determined that it was the intent of the appointing authority to retain the probationer, the employee affected will not suffer any loss of pay or benefits. An employee rejected during the probation period from a position to which the employee had been promoted or transferred from an eligible list, shall be restored to a LOCAL NO.1,PACS SITE SUPERVISOR -84- 2001-2005 MOU Ill IN III lj�1! lw IV ollor-44101 ........... .............. .. ... _ SECTION 19 - PROMOTION proposed announcement and shall. meet at the request of the Union to discuss the reasons for such open announcement. SECTION 20 — VACANCIES AND REASSIGNMENT 20.1 Reassianment of Work Location. Employees desirous of reassignment to a position in the same classification at another work location shall submit a request for reassignment in writing to the Department Head. when openings occur in various work locations, requests for reassignment will be reviewed with consideration given to various factors including but not limited to distance of employee's residence from desired work location and relative length of service . of the applicants for a particular location. The Department Head or designated representative shall, make the sole determination as to assignment of personnel. This provision applies to intradepartmental reassignments only. In no event shall reassignments be utilized for disciplinary purposes. 20.2 Vacancies. The Department agrees to post all vacancies for at least seven (7) calendar days to provide employees the opportunity to express interest in, and apply for, said vacancies. The Department Head or designated representative shall make the sole determination as to assignment of personnel. LOCAL NO. 1, FACS SITE SUPERVISOR -86- 2001-2005 MOU : � e \ � ' \ � ■ » $ V . Lei � � # @ � ■ . e � e � e ¥ � ■ - f � * , �■ � : : ^ � $ 2 # _ $ - s e f ® - � e � - # , � e _ e ■ e � e _ � e � � e , f ■ ` - _ \ e � � � , - ■ � � e � ■ - ® ® - ` � # � � � - ■ e - � e # e � e � $ � � � � ■ e � t � ° ee � f _ � e .e � � l � ' . ■ . ® . ■ - e , � � - - e , ■ », - ' f e-RIM t _ e - f . . , � « � � e e , . . , ■ , . � f � e », e # $ � � ■ ee � ■ � � � # � - � ■ � - � * � . � ■ . - - � »e . � � e - � ■ , � � e 2 .f t. . . - � # ■ e � e , . ■ � � • e fv , e of ■ : ■ ■ ■ ■ § - ■ � . ■ � : $ : � . � � $ � f . � � : ■ « e � � $ .� � � t e � � e � ■ ee ■ \� � a ~e » \ � . . . . � m - f � � � � � � .� ■ \ � � . - - © e �^ e ■ . . ° � � e � ` f � ° f � . � � � e ■ e ® - � , $ : � # e e � a f § . � ' e ^ � e ■ � 2 . ■ . � ' _ � , � e - _ e f ■ e �\ ee . - ■ - f ee � f : ` � � � � � f e . e � � � f e » f �e # � � � � � ■ f � - � � � e » ■ ` ■ - e � � � e � $ - , e ■ e � e » � � e » $ ■ . � : � $ : . e � e - . - � � $ ■ ■ ■ � � � � SECTION 21 - RESIGNATIONS 21 .3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative on that date or another date specified. An employee who resigns without advance notice as set forth in Section 21 .1 , may seek recession of the resignation and reinstatement by delivering an appeal in writing to the Human Resources Director not later than close of business on the third (3rd) calendar day after the resignation is effective. Within five (5) work days of receipt of the appeal, the Human Resources Director shall consider the appeal and render a final and binding decision including, if applicable, the date of reinstatement. 21 .4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority. 21 .5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on the Director of Human Resources and a copy, to 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 LOCAL NO. 1, FACS SITE SUPERVISOR -88- 2001-2005 MOU ' 40 up Rl r i ,e SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION restrictions and dismissal, suspension 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 County or Department into disrepute. d. Disorderly or immoral conduct. e. Incompetence or inefficiency. J. Insubordination. P. 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. LOCAL. NO. 1, FACS SITE SUPERVISOR -90 - 2001-2005 MOU SECTION,22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION k. Willful violation of any of the provisions of the County's ordinance or the Personnel Management Regulations. 1. 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. p. Dishonesty or theft. P. Excessive or unexcused absenteeism and/or tardiness. q. Sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect. of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 2 Notice of Proposed Action. Before taking a disciplinary action to dismiss, suspend for more than five LOCAL NO. 1, FACS SITE SUPERVISOR -91 - 2001-2005 MOU SECTION 22 - DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION (5) work days, temporarily reduce the pay of, or demote an employee, the appointing authority shall cause to be served personally or by certified mail, on the employee, a Notice of Proposed Action, which shall contain the following: a. A statement of the action proposed to be taken. b. A copy of the charges; including the. acts or omissions and grounds upon which the action is based. C. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. d. A statement that the employee may review and request .copies of materials upon which the proposed action is based. e. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. 22.3 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 LOCAL NO. 1, FACS SITE SUPERVISOR -92- 2001-2005 MOU SECTION 22'-- DISMISSAL, SUSPENSION, TEMPORARY REDUCTION IN PAY, AND DEMOTION writing the period to respond. If the employee's response is not filed within seven (7) days or during an extension, the right to respond is lost. 2 .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. Z .S Length of suspension. Suspensions without pay shall not exceed thirty (30) calendar days unless ordered by an arbitrator or an adjustment board. 22.6 Procedure on Dismissal, Suspension, Temporary Reduction in Pay, or Demotion. A. In any disciplinary action to dismiss, suspend, temporarily reduce the pay of, or demote an employee after having complied with the requirements of Section 22.2 where 'applicable, the appointing authority shall make an order in writing . stating specifically the causes for the action. B. Service of Order. Said order of dismissal, suspension, temporary reduction in pay, or demotion shall be filed with the Director of Human Resources, showing by whom and the date a copy was served upon the employee to be dismissed, suspended, temporarily reduced in LOCAL NO. 1, FACS SITE SUPERVISOR -93- 2001-20018 MOU ..................................................... ... SECTION 23 - GRIEVANCE PROCEDURE pay, or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U.S. Postel Service. C. Employee Appeals from Order. The employee may appeal an order of dismissal, suspension, temporary reduction in pay, or demotion through the procedures of Section 23 - Grievance Procedure of this MOU provided that such appeal is filed in writing with the Director of Human Resources within ten (10) calendar days after service of said order. 22.7 Employee Representation Rights. The County recognizes an employee's right to representation during any disciplinary interview or meeting which may result in discipline. The County will not interfere with the representative's right to assist an employee to clarify the facts during the interview. SECTION 23 - GRIEVANCE PROCEDURE 23.1 Definition and Procedural Steps. 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 LOCAL NO. 1, PACS SITE SUPERVISOR -94- 2001-2005 MOU • � it _ SECTION 23 - GRIEVANCE PROCEDURE 2 above, the grievant may appeal in writing within ten (10) work days to the Human Resources Director. The Human Resources Director or designee shall have twenty (20) work days in which to investigate the merit of the complaint and to meet with the Department Head and the grievant and attempt to settle the grievance and respond in writing. Step 4 No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 3 above and filed within ten (10) work days of the written response of the Human Resources Director or designee. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, such grievance shall be submitted in writing to an Adjustment Board comprised of three (3) Union representatives, no more than two (2) of whom shall be either an employee of the County or an elected or appointed official of the Union presenting this grievance, and three (3) representatives of the County, no more than two (2) of whom shall be either an employee of the County or a member of the staff of an organization employed to represent the County in the meeting and conferring process. Where the parties agree, the Adjustment Board may be comprised of two (2) Union representatives and two (2) County representatives. The Adjustment Board shall meet within twenty (20) work days of receipt of the written request and render a decision. If the County fails to meet the time limits specified in Step 4 and the grievant demands in writing that an Adjustment Board be LOCAL NO. 1, FACS SITE SUPERVISOR -96 - 2001-2005 MOU SECTION 23 - GRIEVANCE PROCEDURE convened, the County will convene an Adjustment Board within ten (10) work days or the grievance will move to arbitration upon demand. This step of the grievance procedure may be waived by the written mutual agreement of the parties. step 5 If an Adjustment Board is unable to arrive at a majority decision, either the grievant or the County may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the'grievant and the Human Resources Director. Such request shall be submitted within twenty (20) work days of the rendering of the Adjustment Board decision. Within twenty (20) work days of the request for arbitration the parties shall mutually select an arbitrator who shall render a decision within thirty (30) work days from the date of final submission of the grievance including receipt of the court reporters transcript and post-hearing briefs, if any. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the grievant and the County. Each party, however, shall bear the costs of its own presentation, including preparation and past hearing briefs, if any. 23.2 Scope of Adiustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent LOCAL NO. 1, FACS SITE SUPERVISOR -97- 2001-2005 MOU SECTION 23 - GRIEVANCE PROCEDURE permitted by law. B. No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in Subsection 23.1 above. O. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU, nor any .matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or writ- ten agreements supplementary hereto or to establish any new terms or conditions of employment. D. if the Human Resources Director in pursuance of the procedures outlined in Step 3 above, or the Adjustment Board in pursuance of the provisions of Step 4 above resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement LOCAL NO. 1, FACS SITE SUPERVISOR -98 - 2001-2005 MOU .......................................................................... SECTION 23 - GRIEVANCE PROCEDURE MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than six (8) months from the date upon which the complaint was filed. 23.8 StrikeMork Stoppage. During the term of this MOU, the Union, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, sickout, or refusal to perform customary duties. In the case of a legally declared lawful strike against a private or public sector employer which has been sanctioned and approved by the labor body or council having jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, ...provided the employee advises his or her supervisor as soon as possible, and provided further that an employee may be required to cross a picket line where the performance of his or her duties is of an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety. 23.7 Filing by Union. The Union may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this MOU. 23,8 Disqualification From Taking an Exam. If disqualified from taking an examination, an employee may LOCAL NO. 1, FACS SITE SUPERVISOR -100- 2001-2005 MOU SECTION 24 - SPECIAL. PROVISIONS utilize the appeal process specified in the Personnel Management Regulations for employees disqualified from taking an examination. 23.9 Lefters of Reprimand. 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 or demotion of the employee. SECTION 24 -- SPECI,AL. PROVISIONS 24:1 Longevity ay. Employees, who have completed ten (10) years of appointed service for the County, shall be eligible to receive a two and one-half percent (2.5%) longevity differential. 24.2 Deferred Compensation Incentive. The County shall contribute~s tx y dollars ( 60) per month to employees who participate in the County's Deferred Compensation Flan. To be eligible for this incentive, employees must contribute to the deferred compensation plan as indicated below. LOCAL NO.1, FACS SITE SUPERVISOR -101 - 2001-2005 MOU SECTION 24— SPECIAL. PROVISIONS Monthly Contribution Employees with Required to Maintain Current Qualifying Base Incentive Program Monthly �gjM of: Contribution Am6unt: Eftbility $2,500 and below $250 $50 2,501 - 3,334 500 50 3,335 - 4,167 750 50 4,168 - 5,000 1,000 50 5,001 - 5,834 1,500 100 5,835 - 6,667 2,000 100 6,888 & above 2,500 100 Employees who discontinue, contributions or who contribute less than the required amount per month for a period of one ( 1 ) month or more will no longer be eligible for thesixty dollar ($60) County supplement. To reestablish eligibility, employees must again make a Base -Contribution Amount as set forth above based on current monthly salary. Employees with a break in deferred compensation contributions either because of an approved medical leave or an approved financial hardship withdrawal shall not be required to reestablish eligibility. Further, employees who lose eligibility' due to displacement by layoff, but maintain contributions at the required level and are later employed in an eligible position, shall not be required to reestablish eligibility. 24.3 Trainira, Full-time employees shall be eligible for career development training reimbursement not to exceed $660 per fiscal year. The reimbursement of training expenses shall be governed by any Administrative LOCAL NO. 1, FACS SITE SUPERVISOR -102- 2001-2005 MOU R R # # # # w # # ` # 9 SECTION 26 - HEALTH, LIFE AND DENTAL CARE less than full time and/or on an unpaid leave of absence during any given month. The differential shall be seventy-five dollars ($75) per month. Effective October 1 , 2001 the differential shall be increased to eighty dollars ($80) per month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County and such designations may be amended or deleted at any time. SECTION 26 — HEALTH. LIFE AND DENTAL CARE 26.1 County Programs. The County will offer Group Benefit Programs for medical, dental and life insurance coverage to all eligible employees who are members of this representation unit and regularly scheduled to work twenty (20) hours or more per week as described in Attachment A. 26.2 Rate Information. The. County Benefits Division will make health and dental plan rate information available upon request to employees and departments. In addition, the County Benefits Division will publish and distribute to employees and departments information about rate changes as they occur during the year. 26.3 Medicare Rates. Corresponding Medicare rates for employees covered under this MOU shall be as follows: for Employee only on Medicare by taking the Employee Only rate for the option selected and LOCAL NO. 1,FACS SITE SUPERVISOR -104- 2001-2005 MOU ! - 0 ' w ! ! ! .. ` • SECTION 26 -- HEALTH, LIFE AND DENTAL CARE An employee on leave in excess of twelve (1 2) months may continue health plan coverage by converting to an individual health plan option (if available) or continuing group coverage subject to the provisions of the Consolidated Omnibus Budget Reduction Act (COBRA) provided the employee pays the entire cost of coverage, plus any administrative fees, for the option selected. The entire cost of coverage shall be paid at a time and place specified by the County. Late payment shall result in cancellation of Health Plan coverage with no reinstatement allowed. An employee who terminates County employment may convert to individual health plan coverage, if available, or .may continue County group health plan coverage to the extent provided under COBRA by making premium payments to the County at a time and place specified by the, County. 26.6 Retirement Coverage. Upon retirement, employees may remain in the same County group medical plan if immediately before their retirement they are either active subscribers to one of the County Health Pians or if on authorized leave of absence without pay they have retained their membership by either continuing to pay their monthly premium to the County by the deadlines established by the County or converting to individual conversion membership from the County plan through the medical plan carrier, if available. 26.7 Dual Coverage. If a husband and wife both work LOCAL NO. 1,FACS SITE SUPERVISOR -106- 2001-2005 MOU • ' # # # ! r i • w w • - s lot ` # • ` ............................................................... SECTION 26 - HEALTH, LIFE AND DENTAL CARE 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). 26.10 Deferred Retirement Employees who resign and file for a deferred retirement may continue in their County group health and dental plan; the following conditions and limitations apply: a. Life insurance coverage is not included. b. To be eligible to continue health and dental coverage, the employee must: 1 . be qualified for a deferred retirement under the 1937 Retirement Act provisions. 2. be an active member of a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue health benefits. 3. be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly . allowance within twenty four (24) months of their application for deferred retirement. LOCAL NO. 1, FACS SITE SUPERVISOR -108- 2001-2005 MOU SECTION 26 - HEALTH, LIFE AND DENTAL CARE 4. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before their separation from county service. C. Deferred retirees who elect continued health benefits hereunder may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement at their full personal expense, by paying the full premium for their health and dental coverage on or before the 11th of each month to the Auditor-Controller. When they begin to receive retirement benefits, they will qualify for the same health and/or dental plan coverage and county subvention to which retirees who did not defer retirement are entitled. d. Deferred retirees who elect continued health benefits hereunder may elect not to maintain participation in their county health and/or dental .plan during their deferred retirement period; and may instead qualify for the same coverage and county subvention in any County health and/or dental plan when they begin to receive retirement benefits as retirees who did not defer retirement are entitled; provided reinstatement to a County group health and/or dental plan with county subvention occurs no sooner than the first of the month following a full three (3) calendar month LOCAL NO. 1. FACS SITE SUPERVISOR -109 - 2001-2005 MOU SECTION 27 - MILEAGE waiting period after the commencement of their monthly allowance. e. Eligibility for County subvention will not exist hereunder unless and until the member draws a monthly retirement allowance within not more than twenty-four (24) months after separation from County service. f. Deferred retirees are required to meet the same eligibility provisions for health/dental plans as active/retired employees. 26.11 Confidentiality of Information and Records. Any use of employee medical records will be governed by the; Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26). 26.12 Child Care. The County will continue to support the concept of non-profit child care facilities similar to the "Kid's at Work" program established in the Public Works Department. SECTION 27 - MILEAGE The mileage allowance for use of personal vehicles on approved County business shall be paid according to the rates allowed by the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following LOCAL. NO. 11 FACS SITE SUPERVISOR -110- 2001-2005 MOU SECTION 28 - RETIREMENT CONTRIBUTION announcement of the changed rate by the Internal Revenue Service, whichever is later. SECTION 28 RETIREMENT CONTRIBUTION Pursuant to Government Code Section 31581 .1 , the County will continue to pay fifty (50) percent of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOM, 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 (1I2) of the retirement cost-of- living ost-ofliving program contribution. Effective October 1 , 2002, Tier 2 of the retirement plan shell be eliminated and all employees in Tier 2 of the retirement plan shall be placed in Tier 3. Employees in Tier 2 with ten (10) or more years of County/District service, will be eligible to participate in the County's buy back program. Employees may replace Tier 2 benefits with Tier 3 benefits as follows: 1 .'Employee buys back two (2) years, County will buy back one (1 ) year for a total of three (3) years of buyback. LOCAL NO.1, FACS SITE SUPERVISOR -111 - 2001-2003 MOU ...................................... SECTION 29 - PERSONNEL FILES 2. Employee buys back four (4) years, County will buy back two (2) years for a total of six (6) years of buyback. 3. Employee buys back six (6) years, County will buy back three (3) years for a total of nine (9) years of buyback. SECTION 29 — PERSONNEL FILES Employees 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. The employee's union, representative, with written authorization by the employee, shall also have the right to inspect and review any official record(s) described above. The contents of such records shall be made available to the employee and/or the employee's union representative for inspection and review at reasonable intervals during the regular business hours of the County. 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 the employee who shall ' have the right to respond in writing to said documents. The County shall provide an opportunity for the employee to respond in writing to any information that is in the employee's personnel file about which he or she disagrees. Such response shall become a permanent part LOCAL. NO. 1,FACS SITE SUPERVISOR -112- 2001-2005 MOU SECTION 30 - SERVICE AWARDS of the employee's personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee's permanent personnel record. This section does not apply to the records of an employee relating to the investigation of a possible criminal offense, medical records and information or letters of reference. Employees have the right to review their official personnel fibs that are maintained in the Human Resources Department or by their department. In a case involving a grievance or disciplinary action, the employee's designated representative may also review his/her personnel file with specific written authorization from the employee. SECTION 30 — 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 sale discretion of the County. SECTION 31 - UNFAIR LABOR PRACTICE Either the Department/County or the Union may file an Unfair Labor- Practice, as defined in Chapter 34-22 of Resolution 81/1165, against the other. LOCAL NO. 1, FACS SITE SUPERVISOR -118- 2001-2005 MOU SECTION 32 - ADOPTION 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 32 — ADOPTION The provisions of this Memorandum of Understanding shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. SECTION 33 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS 33.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this MOU demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. LOCAL NO. 1, FACS SITE SUPERVISOR -114- 2001-2005 MOU kif&ol • i - i i ! i . - � i '` • M# "' ice Q i i ' s i ! • A i i ! • At 11 • SECTION 33 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS (OO) days from the aforesaid termination date of its intention to amend, modify or terminate the Agreement. Execution Date: September 24, 2002 CONTRA COSTA LOCAL NO. 1 FACS COUNTY SITE SUPERVISOR ko A.&,i j A n /*j L 1 ,a LOCAL NO. 1, FACS SITE SUPERVISOR -116- 2001-2005 MOU