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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-654 THEBOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Resolution'on October 1, 2002, bythe following vote: A)fES: 94ervisors Uilkema, DeSaulnier, Glover and Gioia NOES: None A3SENT: Nom AUSTAIN: &Vavisor Gerber* Resolution No. 2002/_.6.%_ SJbject: Adopt the Memorandum of Understanding) ver=lth the United Chief Officers Association) BIE IT RESOLVED that the Board of Supervisors of Contra Costa County in its capacity aes ex-officio Governing Board of the Contra Costa County Fire Protection District AJ OPT the extension of the Memorandum of Understanding (MOU) [copy attached and ini;luded as part of this document] between Contra Costa County Fire Protection District acid the United Chief Officers Association (UCOA) - jointly signed by Kathy Ito, Labor Rf.alations Manager, and Henry Warren, United Chief Officers Association President - rearding economic terms and conditions for July 1, 2000 through June 30, 2006 for tFtcse classifications represented by that employee organization. Ir> lieu of a retroactive pay calculation requiring special payroll processing back to July 1 f 2002, the County will make a lump sum payment to each eligible employee, without be.ick for the months of July 1, 2002 through September 30, 2002 computed as fellows: Employee regular pay,hourly based earnings Including overtime pay and other earnings computed as a percentage Of base pay Will be added together for each applicable pay period to determine appropriate pay base. This base will be multiplied by,five percent(5%). The payment amount thus computed,will be added to the employee's November 10, 2002 paycheck where it will be listed as"LUMP SUM PAY"and will be subject to required deductions such as taxes and retirement. Any employee believing there is an underpayment resulting from this methodology exceeding fifty dollars($50.00), moy contact their Department personnel officer. The Auditor-Controller's office will investigate and Issue the ad'litional pay, If owed,as soon as possible. *See attactbed addendun I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown: ATTESTED: .October 1, 2002 JOHN SWEETEN, Clerk of the Board of Supervisors and CountyAdministrator By Deputy Cot tact:Human Resources Department(Kathylto 5-1785) cc:> Labor Relations Unit Personnel Services Unit Auditor-Controller County Counsel Henry Warren,UCOA ADDENDUM TO ITEM D.3 — October 1, 2002 Supervisor Gerber made the following statement: "Mr. Chairman, on this item, based on my husband's employment,there may be a requirement for disqualification. So to avoid the appearance of any possible conflict with the State Political Act, I am disqualifying myself from acting on closed session employee organization negotiations and on this agenda item. The circumstances are indirect and not obvious in the law, so I am acting affirmatively in order to avoid any appearance of conflict. I am actually going to leave the room while you consider this." i . � � $ - � � ■ $ . ■ � � . � . . . $ � . - � $ \ � . $ � � . _ � _ $ � � � � � � - \ � �� $. ■ � $ . .. -. . � � . � @ . . �' $ � - � ° $ � � � $ . � $ � � e f � � � � ■ � $ � � - � ' � e � �e e . . , e � ' _ � e \ .e _ . 2 « & e � � $ ■ � � of ■ � � - ° @ ■ � � � a � » � e � ef � � $ � � ■ ® e_ � f e e . � f e , � . 2 ? � - � ■ e - - �. f - ■ y � � � ^ e � $ . . e : � f f ■ �` © � � � $ � � f . ■ � � . e � � \ e . � ¢ ■ , ■ e . . $ - ° ■ . . . : . � e � � : � , : � ©\: $ $ f e � e , � e e - .. e � � ■ .� � $ . ` ® $ - $ $ , � � ■ ■ a �� � � e , e ` � � . $ � ` � e � � � � #� ` � � � � ' � , ■ \ e ^ - � t ■ � e e � e ^� � � f ■ � ■ . e � ■ - : � e _ ■ # . � � ° � e . e $ � e e . . ■ ■ � ^ - � ■ ° 2 � ' - � ■ @ � ` < � 2 � � � , ■ - � : � , e _ . ` �� f � � _ ■ - e � $ _ . $ ee e _ � e ■ � � ■ ■ � � ■ � � � - � a f � $ ' $ ■ � _ � � � e � - � � � . e � _ � � . � � e � e 2 f t ■ e - . .e ■ �e � e _ $ $ . . , . � $ , � � . � � . $ _ . . $ . . \ $ , t � < � e � � f « � e e. * ° � « ~ � � � $ �_ � e . ■ \ � @ � � e ■ _ e $ . , ■ \ � . � . \ � & e , � � & , . $ . . w � ° $ � � � ■ $ � � � � � $ . � : - e ` . � « . _ e � . . f $ ° � ■ e - ; � - � . � � � � e ■ . - � � - . � ■ - ° f � ^_ e � e � � ® �.e $ ^f �. � f ■ � � � . . ■ f � .. � ■ �� - � � � � � � '. - - - � . . � - . ■ f. DEFINITIONS License, Facilities, Vehicles & Equipment are incorporated by reference to this Memorandum of Understanding and .are made a part hereof as if fully set forth herein. This Memorandum of Understanding shall be presented to the Contra Costa County Board of Supervisors in its capacity as ex-officio Governing Board of- the Contra Costa County Fire Protection District as the joint recommendation of the undersigned for terms and conditions of employment for the period beginning July 1 2000 and ending June 30, 2000. In the event provisions of this Memorandum of Understanding contradict any resolution, administrative bulletin or personnel rules of the County or District, the terms of this Memorandum of Understanding shall prevail. %DEFINITIONS A. Appointing Authority: Fire Chief unless otherwise provided by statute or ordinance. B. Association: The United Chief Officers Association of the Contra Costa County Fire Protection District (UCOA). C. 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. UCOA 2 -2000-2006 MOU DEFINMOONS D. Class Title: the designation given to a class, to each position allocated to the class, and to the employees allocated to the class. E. Cou,n Contra Costa County. F. Demotion: the change of a. permanent employee to another position in a class allocated to a salary ranee 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 Memorandum of Understanding or in the Personnel Management Regulations. G. District: Contra Costa County Fire Protection District. H. Director of Human Resources: the person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. 1. liible: any person whose name is on an employment or reemployment or layoff list for a given class. J. Empipyee: a person who, is an incumbent of a position or who is on leave of absence in accordance with provisions of this Memorandum of Understanding and whose position is held pending the employee's return. UCOA 3 2eo0-2006 MOU DEFINITIONS K. Employment List: a list of persons, who have been found qualified for employment in a specific class. L. Layoff List: means a list of persons who have occupied positions allocated to a class in the Merit System and who have been--- involuntarily separated by layoff or displacement; or demoted by displacement; or have voluntarily demoted in lieu of layoff or displacement; or have transferred in lieu of layoff or displacement. M. Merit System:tem: the Contra Costa County Merit System. N. Permanent-Intermittent Position: any position which requires the services of an incumbent for an indefinite period but on an irregularly scheduled, less than full-time basis. 0. Permanent Part-Time Position: any position which will require the services of an incumbent for an indefinite period but on a regularly scheduled, less.than full -time basis. P. Personnel: the same as employee. Q. Permanent Position: any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. R. Project Employee: an employee who is engaged UCOA 4 2000-2006 MOU DEFINITIONS 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 District revenues. S. Promotion: the change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under "Transfer" or as otherwise provided for in this Memorandum of understanding or in the Personnel Management Regulations. T. Position: the assigned duties and responsibilities calling for the regular full-time, parttime or intermittent employment of a person. U. Reallocation: the act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five (5) percent of the top step, except as otherwise provided for in the Personnel Management Regulations or other ordinances. V. 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. ucoa s 2000-2006 Molal SECTION I - RECOGNITION W. Reemployment List: a list of persons, who have occupied positions allocated to any class in the merit system and, who have voluntarily separated and are qualified for consideration . for reappointment under the Personnel Management Regulations governing reemployment. X. Resignation: the voluntary termination of permanent employment with the District. Y. Temporary Employment: 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. Z. Transfer: the change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on . the salary plan that is within five (5) percent at top step as the class previously occupied by the employee. SECTION 1 — RECOGNITION 1.1 Association Recognition. The Association is the formally recognized employee organization for, the Fire Management Unit and such organization has been certified as such pursuant to Chapter 34-12 of Board of Supervisors' Resolution 81/1165 by Board Order dated December 1 , 1998. Represented classes in this unit are: UCOA 6 2000-2006 MOU __.__......................................................................................................... - - ° � - J ef � . - ■ \ , . - � � � ® $ . . ; : . _ � - � \ � � � � - » & � e _ ■ a lk � f © ■ - � � � - � �� e e ® � f . � � � . � $ � e � . @ . . ■ ' I $ : ■ t � ■ _ , . � , ® . . , � � $ ® - ve � � � � e � . ■ ` ■ � ■ . e . . � : � . e , e _ � - _ � � 2 � ' ■ - e ` $ ■ - . $ 'e . e e � _ � f e - � \ � . � � $ - e � � $ . _ ■ f � , \ - ■ e � ■ � � � - _ . � e , , ■ # � - f $ e - f « \ < » � - � � _ . - 2 � $ e� ■ � � - - � ■ a ?� f � ` \ _ � . � � � e + ' � � e e ' ° \ e : , ■ � � e - ■ ' ■ ■ ■ � � ^ f � � e e . � f � � � � e a , � � � � ' e � e . . e \ - # � � - � . � . � e _ . . , ■ � $ , � > $ � . $ - � e f ■ \ e � _ e � $ � - � « � . � * ■ � . . # . , e � � $ � . � � . � � $ _ e � ® � # » . ■ � � ` a . $ . , a � � $ �� $ � , e � ■ $ - $ � _ � f © . - ems . - � . � � . - ■ � - ® - ■ - . - ` � . to � e � � � + � < ~ e _ ^ « � ■ ■ f � e ■ e - . ■ ¥ e ® e ■ f § : , � � ■ � � # � ■ �« - �a \ ea � . � ■ � ' . . f . - � e ■ \ $ #e � ■ ' of » - SECTION 2 - ASSOCIATION SECURITY 2.2 Association Dues Form. Employees hired in classifications assigned to the unit represented by the Association shall, as a condition of employment at the time of employment, complete an Association dues authorization card provided by the Association and shall have deducted from their paychecks the membership dues of the Association. Said employees shall have thirty (30) days from the date of hire to decide if they do not want to become a member of the Association. Such decision not to become a member of the Association must, be made in writing to the Auditor-Controller with a copy to the Labor Relations Service Unit within said thirty (30) day period. If the employee decides not to become a member of the Association, any Association dues previously deducted from the employee's paycheck during that thirty (30) day period shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to the Association. If the employee does not notify the County in writing of the decision not to become a member within the thirty (30) day period, the employee shall be deemed to have voluntarily agreed to pay the dues of the Association. Each such dues authorization form referenced above shall include a statement that the Association and the District have entered into a Memorandum of Understanding, that the employee is required to authorize payroll deductions of Association dues as a condition of employment, and that such authorization may be revoked within thea--first thirty (30) days of employment upon proper written notice by the employee within said thirty (30) day period as set forth above. ' Each such employee shall, upon written completion of the authorization form, receive a copy of UCOA 8 2000-2006 MOU ! ! filk a ! W- # � ! � er • so - gas as 0 • w i i • ! IV " r ! # ! ! SECTION 2 - ASSOCIATION SECURITY meetings and further provided that the Association appropriately posts and removes the information. The Fire Chief reserves the right to remove objectionable materials. Representatives of the Association, not on District time, shall be permitted to place a supply of employee literature at specific locations in District buildings if arranged through the Employee Relations Officer; said representatives may distribute employee organization literature in areas designated by the Fire Chief if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by-on-duty employees. The Association shall be allowed access to work locations in which it represents employees for the following purposes: A. to post literature on bulletin boards; B. to arrange for use of a meeting room; C. to leave and/or distribute a supply of literature as indicated above; D. to represent an employee on a grievanee, and/or to contact an Association officer on a matter within the scope or representation. UCOA 10 2000-2006 MOU SECTION Z - ASSOCIATION SECURITY 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 Fire Chief or designee(s) and the visit will not interfere with the District services. 2.6 Use of District Buildings. The Association shall Yp I.pWfYlil.lY�ii111iI.-1�1-I�.YY�.YrI be allowed the use of areas normally used for meeting purposes for meetings of District employees during non- work hours when: A. such space is available and its use by the Association is scheduled twenty-four (24) hours in advance; B. there is no additional cost to the District; C. it does not interfere with normal District operations; t '. employees in attendance are not on duty and are not scheduled for duty; E. ' the meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Association shall maintain proper order at the meeting, and see that the space is left in a clean and orderly condition. The use of District equipment {other than items normally used in the conduct of business meetings, such UCOA 2000-2006 MOO SECTION 2 - ASSOCIATION SECURITY as desks, chairs, and blackboards) is strictly prohibited, even though it may be present in the meeting ,area. 2.7 Advance Notice. The Association shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions designated by the Board, and to meet with the body .considering the matter. The listing of an item on a public agenda, or the mailing of a copy of a proposal at least seventy-two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four (24) hours before the item will be heard, shall constitute notice. In .cases of emergency when the Board, or boards and commissions designated by the Board, determines it must act immediately without such notice or meeting it shall give notice and opportunity to meet as soon as practical after its action. 2.8 List of Employees with Dues Deduction. The District shall provide the Association with a monthly list of employees who are paying dues to the Association and a monthly list of employees who are paying health and welfare deductions to the Association. 2.9 Assignment of Classes to Baraginina Units. The Labor.Relations Manager shall assign new classes in accordance with the following procedure: UCOA 12 2000-2006 MOU i ii i i ` i " • i s i i • . a ! i i i i • a • i ` i i i " • i • is ,� • i i is ` i 40 ` i i i • « i i i • i � " . si - - i a • lei M lot- i i • i • i i i • i • i i ' a is #� . t ` i ` ` ' • i �' i a i a i i i i ` i i a • . # SECTION 3 -- DISCRIMINATION PROHIBITED information, which has been supplied by the Association and approved by the County. SECTION 3 -- DISCRIMINATION PROHIBITED There shall be no discrimination because of--race, creed, color, national origin, sex, sexual orientation or union activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established for that position or from carrying out the duties of the position safely. The District and the Association recognize that the District has an obligation in accordance with .the Americans with Disabilities Act (ADA). to reasonably accommodate disabled employees. If by reason of the aforesaid requirement the District contemplates actions to provide reasonable accommodation to an individual employee to comply with the -ADA which are in conflict with any provision of this MOU, the Association will be advised of such proposed accommodation. Upon request, the District will meet and confer with the Association on the impact of such accommodation. If the District-and the Association do not reach agreement, the District may implement the accommodation without further negotiations. UCOA 14 2000-2006 MOU Nothing in this MOU shall preclude the District from taking actions necessary to comply with the requirements of the ADA or of any other State or Federal law governing discrimination, wages or hours. Subject to this provision, the Association may file a management complaint regarding any action by. the District under this rection alleged by the Association and the emplgyee{s} as a violation of the MOUm SECTION 4 - OFFICIAL. REPRESENTATIVES 4.1 Attendance at „Meetings. Employees designated as official representatives of the Association shall be allowed to attend meetings held by County/District agencies during regular working hours on District time as fellows: A. If their attendance is required by the District or County at a specific meeting; D. if their attendance is sought by a hearing body for presentation of testimony or other reasons= C. if their attendance is required for meeting required for settlement of complaints filed pursuant to Section 19 - Management Complaint Procedure, of this Memorandum, D. if they are designated as an official representative, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a complaint; UCOA 15 2000-2006 MOU SECTION 5 - SALARIES E. if they are designated as spokesperson or representative of the Association and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with the Fire Chief and the District or County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required; F. if their attendance does not conflict with Fire District emergency operations. 4.2 Association Representatives. Official representatives of the United Chief Officers Association shall be allowed time off on District time for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Labor Relations Manager or other management representatives on matters within the scope of representation, and that advance arrangements for the time away from the work station or assignment are made with the Fire Chief and their attendance does not conflict with Fire District emergency operations. SECTION 5 - SALARIES 5.1 General Wage Increases. Effective on the dates indicated, all classifications in the Fire Management Unit of the United Chief Officers Association shall have their basic salary schedule adjusted upward as follows: UCOA 16 2000-2006 MOU ` - » � � � . ■ s � ' , - � f� � � ;� � _ . $ ■ \ � , � ; . - � � ; < ; � , ■ ■ � � , � _>. , °' . • ;, , . � _ _ : „ f : © ; ■ ■ � , >� . » ' , , ;. . , 4 = ZZ--- _ - ? ■ � .$ ■ � < ' , i : < . � ' , , ## , � , ; � _ � ,_ ; � � - - ? � . « ■ ' . ; ° , � � ', , :# # 4 = - � � .; � _ � $ � ©� . . e t _ ■ e e � ■ : . . : - . . . . . ' ■ e � - � - - � , e - t . _ ■ © f ■ e e _ _ _ $ 99 $ e - _ # $ ■ - \ . ■ - ■ . ~ - f _ ■ so . ■ , e . $ � ? $ e \ e » - ■ _ 06 « � � � - ^. V ■ � . � � . ® _ � a � � � ■ - > & e e � - ■ � f § ± � # e - ` . \ ` � : � ■ � . $ f _ - � ■ � . � $ � � � � ■ � s ° - e . - e : e � ■ � e ' . . e � ^ ' , - » , � � ■ , � < � ® � e . ■ � - � - e _ ^ ■ � f � - ® � $ e � ` - . � < � § ■ ■ � � � . <. , e � � . � � � � �■ � e ■ � � ` - . . - � � ■ � ¥ ■ � _ e e e � e - � ■ ■ � . , � � # - �- � ~ - e � \ e , � f� f � � $ e f - \ . � - ■ * , e ■< f - . ■. . � . , , , ..� , ; e SECTION 5 - SALARIES 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. D. Reemployments. The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve a probation period is determined in the same way as the anniversary date is determined for a new employee who is appointed the same date, classification and step and who then successfully completes the required probationary period. E. Notwithstanding other provisions of this Section 5, the anniversary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the minimum salary for the employee's new class, or who is transferred from another governmental entity to this County's. merit system, is one (1 ) year from the first day of the calendar month after the calendar month when the employee was appointed or transferred; provided however, when the appointment or transfer is effective on the employee's first regularly scheduled work day of that month, his/her anniversary is one (1 ) year after the first calendar day of that month. UCOA . 18 2000-2006 MOU r ► # • • ` ` • � ` ill � • # � ♦ � r A # ` • r r r # ` ` f f r • • � • r �! � � • # A A r r O ! # r A Q # • r `� • f r w ,* f # � A " r • # � • # r " # r # # A # r w r • .r � A • # SECTION 5 - SALARIES 5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary in the. same ratio to the full-time monthly rate to which the employee would be entitled as a full-time employee under the provisions of this Section 5 as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full-time work schedule of the district. 5.6 Compensation for Portion of Months Any employee who works less than any full calendar month, except when on earned vacation, authorized sick leave, or other.authorized paid leave shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for - the particular month; but if the employment is intermittent, compensation shall be on an hourly basis. 5.7 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the. basic salary schedule 'as is the class of the position before it was reclassified, shall be paid at the same step of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a class which is allocated to a lower range of the basic salary schedule shall continue to receive the samesalary 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 a maximum salary for the new UCOA 20 2000-2006 MOU • ' � i i • ' i i i � i � . • r a s 4p v lw 10 • i i i • • i M • ' 0, v r , i i ' • ' � �! ` i • i i ' i i ' i i r i ' i a a a yY r 7 or . • . ' i i r r r ' ' r r a a te ` • i a. i a � E � r i. � s SECTION 5 - SALARIES 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 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. 5.9 Salary on Promotion. Any employee who is appointed to a position of a class allocated to-._a higher salary range than the class previously occupied, except-as provided under Section 5.12 — Acting in a Higher Class, shall receive. the salary in the new salary range which is next higher than the rate received before the promotion. UCOA 22 2000-2006 Mau � ® - \ � ■ e 2} - . _ � � � , ■ ® , a � f $ e � - ? �± # ° . � � � _ � ef . � � � 2 - � : < � � ■ � . � � �, e � � . f � � � � ^ : � t � ■ ^ � . ` - e e e ■ - ■ � ■ � - ! � � � � ' � « � e $ - ■ ® . . ® . � ' - � � ■ ^ � � eee � � - � ■ - , e e - � ■ $ f - � @ � e e e e $ 7_ � $ e � f - � � « � . f � ^ ^ _ ■ � _ 4ea f $ » � 2 T $ � � � f � � $ - � _ � $ � � � _ � ■ � � . , : � _ . 2 ° f■ �� � � � $ f � ` - � - ° . �� . � � � � e ■ � ` f � - ■ ■ e fe ■ ^ - � . e ` t / ` ■ ® � ® � � - f � $ ■ - - � ■ ¥ ■ , e e e � � e e , � _ � , ■ . �� % # e , ± e e f � _ . � , e e ^ � ' � , � � � $ � , . . � ' ■ e � ° f � $ � - � ® $ - � � � e � � � � f - e e e e _ ■ e � � e ■ e - �' ® � � � � ■ VANUO � , ■ ! � , , � � e $ � _ � � « e ® � e - ■ � * ■ � - ■ �$ e ' e � ■ f � . w - # - ■ e . ,■ . . < , : f $ . - » a � _ » : e $ $ � ■ � e < � � � - f � ■ e f ® _ < $ f - $ � � $ � a a » - .. � ■ f ■ ` e - � � ■ ■ f �» f . ? . $ � � � - � � . - � . _ - # - . � . . ' , � f � � ■ ■ - � . � , � . � ■ f � $ � � e e f f ■ � f , e - � � � e - : - ^ ' , - < . . , ® � - � e - . �' # $ e . ■ � e ° e » ` � � � ® � f » f $ . � _ � ■ ■ ' � . � , . f � © _ , � . e. \ f $ : . ® ® � - - - e . . e « � � � � � a � , ■ � � � .: � . ■ � e � e � # � ■ e \ e , � � � � . � » � e � - - � � e $ � - . SECTION 5 - SALARIES greater seniority rights, the salary of the demoted employee shall be that step on the salary range which the employee would have achieved had the employee been continuously in the position to which the employee had 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 the employee demotes, the employee's salary shall remain the same if the steps in the employee's new (demoted) salary range permit, and if not, the new salary shall be set at the step next below former salary. 5.12 Acting in a Higher Class. When an employee is required to work in a higher paid classification, the ..employee shall receive the higher compensation for such ,work, pursuant to the County Salary Regulations, plus any differentials and incentives the employee would have received in the employee's regular position. The higher .pay entitlement shall begin on the employee's forty-first (41 St) consecutive hour in the assignment, for forty (40) hour employees and the fifty-seventh. (57th) consecutive hour in the assignment, for fifty-six (55) hour. employees. 5.13 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due to 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 UCOA 24 2000-2006 MOU r i • r nr r r r • - # - # - i -++ - w r r r f1 r - 1 � : • r • s • 1 �► +� r • r • . � . • • it • ,� • - � - - • � • ! ! .� � SECTION 6 - ADDITIONAL HOURS 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. SECTION 6 -- ADDITIONAL HOURS 6.1 Overtime Compensation. Overtime will be paid at the same rate as that of a Fire Captain at top step. Overtime shall only be paid in the following two situations: A. when a Chief Officer replaces an absent Shift Battalion Chief, provided there is a shift vacancy in a Battalion Chief position and overtime recall is required to maintain staffing levels; B. when a Chief Officer works as a command officer during: (1 ) mutual aid responses outside Contra Costa County; or (2) State mutual aid responses, provided the Five-Party Agreement is in effect for personnel reimbursement. 6.2 Annual Administrative Leave. Each January 1 , employees on a forty (40) hour schedule and fifty-six (56) hour shift employees shall be credited with fifty-five (55) and seventy-seven (77) hours, respectively, of paid administrative leave. This leave time is non-accruable and all balances will be zeroed-out effective December 31 , UCOA 26 2000-2006 MOU i rE 40 dl a SECTION 9 - HOLIDAYS SECTION 9 - HOLIDAYS 9.1 Holidays Observed. The District will observe the following holidays: January 1st, known as New Years Day L . Third Monday in January, known as Dr. Martin Luther King Jr. Day Third Monday in February, known as Presidents' Day The last Monday in May, known as Memorial Day July 4th, known as Independence Day First Monday in September, known as Labor Day November 11th, known as Veteran's Day Fourth Thursday in November, known as Thanksgiving Day The Friday after Thanksgiving Day December 25th, known as Christmas Day Such other days as the Board of Supervisors may, : by resolution, designate as holidays. 9.2 Forty (40) Hour Employees. In observance. of holidays, forty (40) hour employees: 1 . Observe the ten (10) holidays listed in Section 9.1 above; and 2. Accrue two (2) hours of personal holiday credit per month, up to a maximum accrual of forty (40) hours. If any holiday listed in Section 9.1 above fa1Js on a Saturday, it shall be celebrated on the preceding Friday. If any holiday listed above falls on a Sunday, it shall be celebrated on the following Monday. UCOA 28 2000-2006 MOU \ � � . � ■ ■ � . � � � ■ . » , . ' � , , �� «� , e ■ . $ e e _ ■ � e e # - � _ $ � # � . a ■ � © e _ @ $ , � � - ■ � * � $ � . � e e � � � � � : - . _ e � � ■ � � $ e � ' • ® � » . e e e , � $ f � - e e � � a . $ $ � � � e � � � ^ f f � ■ .e ` t � � � . � - � . t ; � � � � � t. , � a ■ _ � < � ■ � ■ � � � ± ■ ® I Ito; # e ° ■ � � � $ e - � # ■ , f $ gab � � - � , . e # � $ e _ �' ■ e � f - � $ # . ` � e � \ . f ■ � � ° e - $ . 3 _ � ^ - \ ■ ® e e . ems w - - � ® e � � - . e ■ - ' \ : � � $ ` ■ - _ � � � � , .- $ ¥ ■ - . ■ . . - . - f . * e � , � e . f ■ _ . � ? - f � ■ e ' - � ® - � � ■ � � ® - . ■ � ■ � / � $ . © . � | � � . ; � � - ■ � , .�� ... � e $ f - e - � , -. e « e0 ' ■ ■ e e , ■ ■ e doe » e e e - e ■ � e e ■ � - ■ , eee � � - e - of � � ` ■ # # » � - � � ` ■ _ � � � � e f e � ■ � - � : a � � � � e � ~e # \ ■ f � e � � . . � � � f � e f ® « . � f � � . � . _ ■ ■ ■ � e . $� _ . e . . � . ■ % . . . : . . . , � ■ . . . . e e f $ § . , _ � - ■ e � � - . . , � - ■ - � � - � ■ ® - � - ■ . . � , . � , , , . „ � ■ SECTION 10 -VACATION LEAVE compensation. Vacation credits may not be taken during the first six (6) months of employment — except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time the vacation is taken.. 10.2 Vacation Accrual Rates. The rates at which employees accrue vacation credits and the maximum accumulations thereof are as follows: 40 Hour Employees Monthly Maximum Accrual Cumulative Length of Service completed Hours Hours Under 11 years 10 240 :11 years 10 -2/3 256 1.2 years 11 '/3 : �272 13 years 12 288 14 years 122/3 304 15 through 19 years 13 '/3 320 20 through 24 years 162/3 400 25 through 29 years 20 480 30 years and up 231/3 560 UCOA 30 2000-2006 MOU SECTION 10 -VACATION LEAVE 56 Hour Shift Employees Monthly Maximum Accrual Cumulative Length of Service Completed Hours Hours Under 11 years 14 336 11 years 15 -_ 360 12 years 16 384 13 years 17 408 14 years 18 432 15 through 19 years 19 455 O through 24 years 24 576 25 through 29 gears 28 672 0 years and up 33 792 10.3 Accrual Durina Leave Without. PaY. No employee who has been granted a .leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 10.4 Pro-rated Accruals. Employees in permanent part-time and permanent-intermittent positions shall accrue vacation benefits on a prorated basis. 10.5 Vacation Buy Back. Employees may choose reimbursement for up to one-third (1/3) of the . annual vacation accrual, subject to the following conditions: (1) the choice cern be made only once in each calendar year; UCOA 31 _2000-2006 MOU SECTION 10 -VACATION LEAVE (2) payment shall be based on an hourly rate determined by dividing the employee's monthly salary by 173.3333 (242.6666 for employees working a 56 hour schedule); (3) the maximum number of hoursthat may be reimbursed in any year is one-third (1/3) of the annual accrual. In those instances where a lump-sum payment has been made to employees in lieu of 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. 10.6 Vacation Allowance for Separated Employees. On separation from District service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 10.7 Vacation Leave on Reemployment from a Layoff List. Employees with six (6) months or more service in a permanent position prior to their layoff, who are employed from a layoff list, shall be considered as having completed six (6) months tenure in a permanent position for the purpose of vacation leave. The appointing authority or designee will advise the Auditor-Controller's Payroll Unit in each case where such vacation is UCOA 32 2000-2006 MOU SECTION 19 -- SICK LEAVE authorized so that appropriate Payroll system override actions can be taken. ECTION 11 — SICK LE"E 11 .1 Purpose. The primary purpose of ,paid sick leave is to insure employees against loss of pay for temporary absences from work due to illness or injury. Sick leave is a benefit for use in situations within the scope of sick leave policies and may not be used for vacation or personal activities. 11.2 Credit. Accriued rand Charges Against Sick 1 . Sick leave credits accrue at the following rates; 1 . Shift Personnel Accruals 55-hour week Sick leave shall be accrued at the rate of twelve (12) hours for each completed month of service. 2. Day Personnel Accruals (40 hour week. Sick leave shall be accrued at the rate of eight (8) hours for each completed month of service. 3. General Terms a. Unused sick leave credits accumulate without limit. b. Credits to and charges against sick leave shah be made in minimum amounts of one-tenth ( /10) hour or six (8) minute increments. UCOA 33 _ _2000.2006 MOU SECTION 11 - SICK LEAVE c. 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 employee is re-employed in a permanent position within the period of the individual's layoff eligibility. d. As of the date of retirement, an employee's accumulated sick leave is converted to retirement time on the basis of one day of retirement service credit for each day of accumulated sick leave credit according to the policies and regulations of the Retirement office. 11.3 Policies Governing the Use of .Paid Sick Leave. A. Definition of Immediate Family. For the purposes of Section 11 , immediate family shall be restricted to the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece, nephew, father-in-law, mother-in-law; son-in-law, daughter-in-law, brother-in- law or sister-in-law, stepbrother, stepsister, foster children, aunt, uncle, or cousin of an employee and/or any other person for whom the employee is the legal guardian or conservator or any person who is-claimed as "dependent" for IRS purposes by the employee. B. Accumulated paid sick leave credits may be used by an employee in pay status in the following instances: UCOA 34 2000-2006 MOU i r i MMER01i i t # 00 ,. • # " i i i i � i • # i . '' . . i i # �. 1R • i # ` i i # "' i i i to ' • i i i i i i i .� • i i # • i i „ i „ i . i • - i i "' • r E « • r SECTION 11 --SICK LEAVE days of the start of use of sick leave for permanent disability. c. The appointing authority may review medical evidence and order further examinations 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 when the above conditions have not been met. 3. 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. 4. 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. a. Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of-disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, UCOA 36 2000-2006 MOU I mo Of .. • i • • # 40 i i ` iy yam• • i ' • • i # ' +i ,. i # ' i i • it " ' i i • • r i i - w .r s I► � .� .r � � � � � +' i • • ` • ! • IV ! ! • i - i �. r w � w r .► i SECTION I I — SICK LEAVE 5. Medical and Dental Appointments. An employee may use paid sick leave credits: a. For working time used in keeping medical and dental appointments for the employee's own care, b. For working time used for prescheduled medical and dental appointments for an immediate family member. c. Employees are responsible to schedule personal and family medical and dental appointments to avoid conflicts with scheduled workdays as much as possible consistent with medical necessity. d. Employees are responsible to notify the District when they have a scheduled medical or dental appointment on a duty day. In any emergency situation, the appropriate supervisor must be contacted immediately. 5. Emergency Care of Family. An employee may use paid sick leave credits for working time used (1 ) to personally care for an ill or injured immediate family member if there is a real need for someone to render care, no one else is available therefore, and alternative arrangements for the care of the ill or injured person are immediately undertaken; or (2) to be present at the bedside of a seriously ill or injured immediate family member; or (3) to transport an ill or injured immediate family member to receive medical care if no one else is available to UCOA 38 2000-20.06 MOU ::. :.n..N.,N. N ::........ ..................::: ..... ..... ...:....... _ ... _..... ,,.. :...: __..... • ! • ' ii • i • "" i " ii IF ' • "' i lw 40 i i i • i # i i ` i 4 i . .. �. ' • . # .. # . i ,. SECTION 11 — SICK LEAVE 11 .5 Sick Leave Incentive Plan. Employees shall be eligible for payoff. of unused sick leave accruals at separation. This program is an incentive for employees to safeguard sick leave accruals as protection against wage loss due to time lost for injury or illness. Payoff must be approved by the Director of Human Resources and can be awarded only under the following conditions: a. The employee must have resigned in good standing b. Payout is not available if the employee is eligible to retire c. The balance of sick leave at resignation must be at least seventy percent (70%) of accruals earned- in the preceding continuous period of employment, excluding any sick leave use covered by the Family and Medical. Leave Act, the California Family Rights Act, or the California Pregnancy Disability Act. d. Payout shall be under the following schedule: Years of Permanent Percent of Unused Continuous Completed Service Sick Leave Paid 3-5 years 30% 5-7 years . 40% 7 plus years 50% e. leo payoff shall be made pursuant to this_ section unless the Contra Costa County Employees' Retirement Association has certified that an employee requesting a sick leave payoff has terminated UCOA 40 2000-2006 MOU :...: ::::N::: ww. N N ... _ ,a............ _ :.:... ............. ,..,....v :...... _...,...--- -------........ ,... � - ■ f ^ ■ � ■ � ■ � � e � � e � � ■ » ■ . .e . . - � ® f � f � : � ■ . - ■ � \ _ ^� ' ^ ■ � - & $ , °$ ■ \ e - . e � , e _ � f� » � . \ : _ � e » ' § @ � . � ■ f . ■ 2 . $ � \ . � - � - e � � � . � . f � \ ■ : ■ � � � � e e . f e ' ■ � e ■ ^ � . \ ee � - � f ■ $ . � & a � � ■ . . . $ ^ � « � � ■ . . . � ` ` ` ■ . $ . $ F E. @ ■ � f � . � �� _ # � � _ e - $ _ � � e e _ , � � e e , .» � ■ , ■ . . _. . - f� . ■ e ■ _ e e , f - � « f� � � � # � f � � ■ e . e - $ � � � � _ ® - - , » . � ■ - e ~ e , . ¥ $ e ■ f - � � � $ f � � � � � � ■ . f � e � e ' 2 � � � e ® � f . ± � ` � \ � a � ' ? � � - # � ■ _ ` � « � - ■ f � � - � � .� « , e ' � _ ` ■ � - , � � � « .¥ . . e � $ . $ e � f � ® ■ - , e # ■ � ■ ■ � . ' � ■ e ■ e � � e � ■ ■ � ■ * e e � . f . � - - - ' � ■ � ■ - ■ moo w 7 $ te e Tr ® e . - , 2 . e ■ � ■ , e � _ . » � - _ e � ■ � � * e � \e e � \ � ® � . tee $ : ■ - f $ - e - ■ . $ _ § ° $ - � , > e . e , » ■ � _ f e ■ e . # - . ■ � e e < � f ■ � f ° $ ■ � � � � - ® . e . � - < _ ° ■ � � , . ■ - .� - 7e ■ - f # . ® ■ , f . ■ . , : 4 „ It . 0 SECTION 13 - LEAVE OF ABSENCE it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1 . Illness or disability; 2. pregnancy; 3. parental; 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. 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 UCOA 42 . 2000.2006 MOU i R i ` ! w • i R • ! ! ! R ' R ! R ♦ ! .s ii i yt ` ! � r ` � w. � .t R ! R • ! ` • R ! • ,s i ! i SECTION 13 - LEAVE OF ABSENCE 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 in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. 13.4 Family Care Leave or Medical Leave. Upon request to the appointing authority, in each calendar year any, employee who has permanent status shall be entitled to at least eighteen (18) weeks leave (less if so requested by the employee) for: a. medical leave of absence for the employees own serious health condition which makes the employee unable to perform the functions of the employee's position; or b. family care leave of absence without pay for reason of the birth of a child of the employee, the placement of a child. with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. 13.5 Certification. The employee may be asked to provide certification of the need for family care leave or UCOA 44 2000-2006 MOU e < ■ _ ? . lei - ■ \ � f� ° f gee ■ \ » e e ■ e � � � e .� f � � , ■ � a � , � � � ■ � � � . � e $ . e � \ ■ � gill . . _ . . U. S , i , � � � - � _ � e �� e _ � ■ _ . < ■ � � . ef fe . . ` $ ■ . � ® ■ . f � ■ � « f $ a e � . . - � ■ � . � � : � � ® _ � e � � e � \ � e . ■ � e f � - e . ' � e � , � _ f e § � ' , ■ - « ' e ■ e ef ^ t _ e � ■ � ■ � e e do _ e _ v . _ e � f e . - e a � e # , � e %� - ■ � ' 2 ® - � � �� ® � � $ � ■ - � f _ � . � � _ . _ - � - ■ e - . - e � » a � � � OF e ■ � ■ , _ , _ � � � � : ■ 7 � e � $ � - � � ee � � � . ■ a � $ e - \ e � � , . � � , , $ . 2 � � _ , _ . _ _ . . ■ _ » f $ ■ ` f e � , $ ■ ■ � ■ � e � #» % � �° � e � � � ■ � � � ■ e � � � $ ■ - e � f e ee � � e $ f � . ee - ` ■ f ■ � ff � � $ . � ® a � � ■ �¥ � � .� - � ■ � � f � e3 e # � � ■ � fes . _ ■ # e � ■ + ■ - � � � � ^ f � # ■ � . - � , .e � � � ■ e . � e # . ` � . � ; ■ : , e ' e10 $ e , $ � � - � . ef � � . © - e � f ■ a e ■ � ■ � , . ■ . � . � e ee . � � a # ■ � ■ a . � . - ■ � - $ � � e , \ ■ e . e - ■ - � , $ ■ - e ■ , ® ee . ' - ■ � . : �� , � , � � # SECTION 13 - LEAVE OF ABSENCE stands in loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. b. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian, conservator, or other person standing in loco parentis to a child. c. Souse: 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: UCOA 46 2000-2006 MOU SECTION 13 - 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 Dave or reduced leave schedule is necessary for the care of the iindividual or will assist in their recovery, and its. expected duration. g. Certification for Family 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; 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's job.; UCoA 47 _ .2000-2006 MC U SECTION 13 - LEAVE OF ABSENCE 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. 13.9 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under Section 11 .3 (Sick.-Leave Utilization for Pregnancy Disability), that time will not be considered a part of the eighteen (18) week family care leave period. 13.18 Group 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 District contribution by maintaining their employment in pay status as described in Section 13.11 . During the eighteen (18) weeks of an approved medical or family care leave under Section 13.4 above, the District 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 13.11 . In order to maintain such coverage, employees are required to pay timely the full employee contribution to UCOA 48 2000-2006 MOU • ! :. f • # # # # ` # OF w 10 40 w w SECTION 13 - LEAVE of ABSENCE C. Sick leave accruals may not be used during any leave of absence, except as allowed under Section 11 - Sick Leave. 13.12 Leave of Absence Replacement and Reinstatement. Any permanent employee who requests reinstatement to the classification held by the:employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to a position in that classification and department and then only on the basis of seniority. In case of severance from service by reason of the, reinstatement of a permanent employee, the provisions of PMR Part 12 shall apply. 13:13 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 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,4n 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. UCOA 60 2000-2006 MOU . . . $ . . ! � . ■ � . � < � . » $ ■ � . : - « , , ■ : f ■ # < ` f ■ $ - ` e v $ . f ■ , ■ $ $ e $ _ , e : - , , . _ e $ , � e - . . � . . . , . . * � � $ � e f ■ � ® � a . a � ± � lo do ^ � , # f �- . : fe # � � � � � - � » ■ _ . f ■ ■ f � � e � � ■ � e . � � � $ � t ■ � ■� e � � , - _ f . ` . » � e a ■ ' ■ . « � . - & . . _ � e � - e _ e � - � � � e � �- e ^ � $ � � + � e � ■ e ^$ . $ � � � _ f � � f e . � 2 . , . e f % ■ \ � ■ e ■ � f ■ t . ■ f $ ■ _ � � f e e � � � e # e � e � . e � � ■ � , ® f # � � � a � e � ■ � e . ■ � ■ w © ■ , � - � ■ ' . o 19 ` ■ ■� ' qp � � $ < � - � ■ � , @ � ■ �� f � a f « . f e � � � � � - , , e e ' � � $ � : \ � 2 � ■ . ■ $ f . � # - < � $ $ $ , ■ � . � � , � # - � e � ■ � � e - � � � � � e � e � - �. � » - ■ � ■ ■ f _ e � f . # ■ ■ T■ f f ' . ■ e < $ , , e � . , � . . .� $ : - � ■ � � � * � ■ � , , � � - - < e - . � . e a ■ - _ . ■ ® f � � ■ ■ � ® » ■ � � , ■ ■ � § . � ■ e , � » ■ � - © , . f - , _ � $ , _ � ■ � . $ _ f � ■ e * - � � - e _ . - ■ � - $ � ■ � # � ^ » f , � � ` SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE (20) hours per week in classes represented by the Association. Open enrollment will be held approximately sixty (00) days prior to the date of implementation. Thereafter, the CalPERS program, as regulated by the Public Employees' Medical and Hospital Care Act (PEMHCA), will control on all issues, including but not limited to eligibility, benefit levels and premium costs. The Association acknowledges that CalPERS Health Plan program benefits may not be equal to benefits previously available to their represented employees, and Consolidated Omnibus Budget Reconciliation Act (COBRA) counterparts through the various optional health programs previously offered by the District. The . Association acknowledges that notwithstanding this MOU and during the time that it is in effect, CalPERS may terminate or change covered expenses, benefit payments., co-payments on covered benefits, deductibles, lifetime and/or annual maximum limits and eligibility rules, and may implement cost control measures as they deem appropriate. 14.3 Contra Costa Health Plan (CCHP). Because CCHP has met the minimum standards required under PEMHCA and is approved as an alternative CalPERS plan option, Association - members and COBRA counterparts may elect to enroll in CCHP under the CalPERS plan rules and regulations. 14.4 Health Plan Contribution. The District's contribution to the CalPERS monthly health plan premiums for coverage hereunder shall be as provided UCOA 52 2000-2006 MOU i .14 r r + n i # • ` # # # " i i i ` �r wr r r� � „ „ • 1M i • ♦ # . • � w * � �i • 1� � • i i ` i . ` # i • i �. � # M ` SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE part-time employees working less than twenty (20) hour per week may enroll in a dental plan but are not entitled to the District's contribution. Any increases in dental plan costs greater than the District's contributions identified below during the duration of this shall be borne by the employee: a. Delta and PMI DeltaCare: District -will contribute seventy-eight percent (78%) toward the monthly dental premium. b. Dental Only: Employees who elect dental coverage as stated above without health coverage will pay one cent ($.01 ) per month for such coverage. 14:7 Rate information. The County Benefits Service Unit will make dental plan rate information and, to the extent` possible, CaFPERS health plan rate information available to employees and the District upon request. In addition, the County Benefits Service Unit will publish and distribute to employees and the District information about rate changes as they occur during the year. 14.8 Life Insurance Program. The District will continue the existing County group $7,500 Term Life Insurance Plan for all permanent employees in classes represented by the Association, provided they elect County health and/or dental coverage. 14.9 Life Insurance Contribution. The District will pay the entire premium on behalf of permanent full-time and permanent part-time employees regularly scheduled to work at least twenty (20) hours per week who elect UCOA 54 . 2000-2006 MOu ■ e � � - � . ■ r � � e + ® � . . e # � e _ _ $ e � � � _ ` ■ _ � f . ■ # � f » e � � � $ � . � . � � � e � - � � � ■ , � : . ■ � � . _ � � - ■ - $ f : $ � � - $ - � ® . . # ■ � e � - � � . $ � . - � . � e ■ � ■ - � ■� - � e ` , � | - _ � � - � � ° � ¥ � � ■ a - f ■ � � � ■ _ # � . $ - , e2 - ` ■ _ . e . ® � . . # ■ ` ■ ■ f 'OF _ . . $ .. « ee $ fe . $ ■ � . ?. a � � - � e $ � - � � � w �f $ � . . � ■ ® $ . . . � ■ � � � <e � $ < $ e � � � . a � � � e ■ � , ■ � � e � § � e - � . \ : � � �- ■ » < _ e f : e e � . > � _ \ ■ _ � . . . $ . � � , , � � � � ■ � � � - ■ . � � � . e � � $ ■ � e � �` - � 2 $ � $ - : ■ » , e f e e . \ , ■ . , _ � f � # $ � � : \ ■ � e f � � _ . ■ � � _ � ■ � � ■ � � � ' � # e _ . � t 2 � . e $ ' ® , ' ■ § - $ .� . ■ . - . . ¥ e < . : . . ° � ■ � ` , � � e � # f e ± � � $ - � e � e � e � e 2 e ■ ` e e ■ $ � � � � e � ® � f ■ � . � # � $ . � e . $ � f e ` � _ , $ ° _ . . . � .- e �- � . » ■ � . � ■ ' $ � � � � $ . f $ ■ � - * ■ f . . * . e . . : $ � � � e . ' ` e $ � � f - $ ■ � - � : � _ f e � . e � � f � � e ■ . � � � \ � � - . ■ � ■ ` f � � . - a . f � � ■ � - � � ■ . . e - ■ � � � § e �. a e � * � � e - - � e ■�� � � e ■ e � ~ ' � � . e f� < . � � - - ■ e : f e , , . . , , , � , , . ■ SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE 14.11 Extended Coverage. An employee on approved leave without pay shall be allowed to continue his/her health/dental/life insurance coverage provided that the employee shall pay their share of the monthly premium during said leave. An employee not eligible for continued coverage may convert to individual health plan coverage (if available) or continue group coverage subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA), plus any administrative fees, for the option selected. The entire cost of coverage shall be paid at the time and place specified by CalPERS for health plans and by the District for the dental plans. An employee who terminates . District employment is covered through the last day of the month in which he/she is paid for District dental plans and through the Last day of the month following the month of termination for CalPERS plans. Employees who terminate District employment may continue Group Health/Dental plan coverage to the extent provided under the COBRA regulations. 14.12 retirement Coverage. Upon retirement, employees may, subject to plan requirements, remain in the same District group medical plan if immediately before their retirement they are either active subscribers to one of the District Health Plans or if on authorized leave of absence without pay, they have retained ,-Y-individual conversion membership from the District plan. Pursuant to CalPERS regulations, employees enrolled in the CalPERS alternative plan (CCHP) at the time of UCOA 66 _2000-2006 MOU SECTION 14 {- HEALTH AND WELFARE, LIFE AND DENTAL CARE retirement are permanently precluded from enrolling in any ether CaIPERS or County health plan. 14.13 Dual Coverane. �ri .�rr�rrrmrrn�r A. CaIPERS Health Plan. Employees must adhere to the rules as established by CaIPERS, B. Dental Plans. 1 . In the event either of a husband or wife, who both work for the District, becomes ineligible for coverage, the remaining eligible member shall be allowed to (a) enroll in a dental plan, if not currently enrolled; or {b} add the spouse and .or dependent(s) to their existing : plan coverage provided they do so within thirty (30) days of the date coverage is no longer afforded under the spouse's.plan. 2. In the event a spouse who does not work for the County becomes ineligible for coverage, the County employee shall be allowed to enroll in a dental plan, if not currently enrolled, or add the , spouse and or dependent(s) to their existing plan coverage provided they do so within thirty (30) days of the date coverage is no longer afforded under the spouse's plan and evidence of the termination of coverage is provided by the spouse's employer. UCOA 67 _ 2000-2006 MOU SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE 14.14 Management Life Insurance. Permanent employees shall be covered, at District expense, by term life insurance in the amount of forty-seven thousand dollars ($47,000). The coverage shall include an accelerated death benefit option. Premiums for this insurance shall be paid by the District, with conditions of eligibility to be reviewed annually. All employees covered herein may also subscribe voluntarily for supplemental life insurance coverage. 14.15 PERS Long Term Care. The District will deduct and remit monthly premium and eligible lists to the PERS Long Term Care Administrator, at no employee cost, for District employees who are eligible and voluntarily elect to purchase long term care through the PERS Long Term Care Program. The District further agrees that District employees interested in purchasing PERS Long Term Care may participate in meetings scheduled by PERS Long Term Care on District facilities during non-work hours (i.e: coffee breaks, lunch hour). 14.15 Health Care Spending Account. The County will offer regular full-time and part-time (20/40 or greater) District employees the option to participate in a Health Care Spending Account (HCSA) Program designated to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre- determined amount of money from their paycheck, not to exceed $3,000 per year, for health care expenses not reimbursed by any other health benefits plan with before UCOA 58 2000-2006 MOU ■ ' # ; ! ■ ' - ■ � , � e $ , . � < ± ■ ■ � . . . © � ■ 2 f � $ � ■ � ■ $ � � . � e $ f f e � : ■ � , e � � e e � � - . ea - ` � � e \ . � . � � ■ e , . . . . _ � � � . ■ « � � � � $ - - $ $ � � _ . . ■ ■ � f . f � © � � � e � . - . ■ e ^ � - � � e $ - - . f $ e . $ e ■ _ 2 � # � � - f � # : $ . oaf ■ � � � : . � # � . e . - � e e' ■ e � . � : . . , � m . . ■ . . � . . . . - � : � f ■ . � , < ■ � � - . . ' ■ e - � �� � $ � � � � � � � e �■ e � . . , ' e , � f � e � e � ' ■ - . - ^ � : ' , e � � . � a . $ � < � �, » � a . � $ fe e � 2 e - ■ � ■ _ ? # � , e e ■ � # $ . - $ e � « � - e f � � ■ ■ ` � . $ e � � � � ' � : � � - e e � ■ � e e � � . _ # f . � f $ _ $ e #� e � � e t e e < ■ - ^ ■ e � � � f � e � f - ■ � � . ° » . . � � ± � . � . � , ! # ' ~� # � , � , ' _ � # ■ � � f � . - # e # � e � _ � ■ ' ee e _ > » � . � . � � e � ■ $ � - � ■ $ � � - \ ■ ee ^ ■ r ~ . � f \ , � � _ e � � - ■ - ■ � . ■ ` f $ ■ Vie , e _ ' � „ � , � � ' ¥ # � f � � e ■ ■ _ e � , . $ ® e $ ¥ e _ - � « � � � * � ` # � » # e $ � � ■ , � - � � � ee � ■ � ' � � ' � � � � � e ■ � , f e e - . � � # � $ t - \ � � $ . $ ` ■ e � � _ � e e e \ ' � e � a - . e ■ $ � f e � e f SECTION 15 - PROBATIONARY PERIOD positions or any period of continuous leave of absence without pay or period of work connected disability exceeding fifteen (15) calendar days. If a permanent- intermittent probationary employee is reassigned to full- time, credit toward probation completion in the full-time position shall be prorated on the basis of one hundred seventy-three (173) hours (243 hours for shift employees) per month. 15.4 Reiection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. A. Appeal from rejection. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political, or religious affiliations, Association activities, or, race, color, national origin, sex, age, disability, or sexual orientation. B. The appeal must be written, must be signed by the employee and set forth the grounds and the facts by which it is claimed that grounds for appeal exist under subsection (A) above and must be filed through the Director of Human Resources to the Merit Board by 5:00 p.m. on the 7th calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based -on grounds prohibited in subsection (A) above, it may refer the matter to a Hearing Officer UCOA 60 . 1. .I .. 2000-2006 MOU . � � ■ � � � ' a ; • � • w � - - a . e , � y ■ ■ ' � � ■ $ < . � � ° f -. � , \ e $ � © e � � ■ � � - � a , ■ ° ® . � � e e f f e e . � � f � - - � � e ■ e e � ■ - » . f e . � e - � e e $ ■ ■ . tee » $ e e # ■ ems ■ - � ' » � e � � � $ f � 2 , ■ $ � , _ � - - e f - & e ■ e ■ $ # # ® - , $ $ t » . , ¥ °e � e f � e � � � � ' - � e - e � e � ■ e , � ■ � e � � ■ ■ » e e � ¥ � e f ■ Q - ■ e $ � ■ # - # $ ® f , : � ■ ■ , ^ � � � � - � - e \ , � � e e - � $ _ e ■ e , . �. � � ' e e - ® < � Q $ 2 $ � $ � ` $ � ■ ■ � e � � f � e ■ f e ■ ■ _ e � _ e - e ■ ■ � e � - � ■ � ■ ■ � _ - ■ f 2 ■ � � » - - � e f � - � - e . � ■ ■ $ , . . # do . . f . 2 . . . ■ � � - � . � e - f e e - � e . e � f ■ � #, e , $ - � a ■ t � ' � , » � a , ~ e ^ � . � f - ^ # ■ � � < � e ° e ee ■ IV ■ e ■ # $ $ � »■ _ � ' e $ - � � � � $ � f � � � f e � � � ■ ■ 40 ® $ $ e � �e � e - ee � e - e � ■ .e - : : . ` � ■ $ � e ^ « . � . � - e � � $ � e� � e � » � ■ � � a � e . . � , � e e ■ � ■ _ # e � � ■ � � � � ■ - » « ee � . e � 2e � � � , � ■ � � � � ' $ � ■ e . ■ � ■ ■ � � e ■ $ � � ■ � � - $ ■ + - � e � t - . fe $ f � � � � f � , - Q e � , $ ` , _ f � � � ■ ■ # � � # � ° ■ e � � � , - e e� ■ �$ ■ _ e � ® , $ ■ # � ■ � . ° # .� , : e © $ � � � � � � � - � � ■ � e e - � � - e ■ � . � f � - . e ■ e ■ , e _ f ee ® � : \ - ■ : , . °� � .$ . � _ \ � - � _ � ■ , , � . - e X222 . . » � � , tae ■ e _ � $ � \ . - � \ � � ■ e . 4 . ' � - a , SECTION 15 - PROBATIONARY PERIOD appointment shall begin on the day following the end of the probationary period. Notwithstanding any other provisions of this Memorandum of Understanding, an employee rejected during the probation period from a position in the Merit System to which the employee had been promoted- or transferred from an eligible list, shall be restored to a position in the District from which the employee was promoted or transferred. An employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred from a position in the Merit System to a position not included in the Merit System shall be restored to a position in the classification in the District from which the employee was promoted 'or transferred. A probationary employee who has been rejected or has resigned during probation shall not ' be restored to the eligible list from which the employee wase certified unless the employee receives the affirmative recommendation from the appointing authority and is certified by the Director of Human Resources whose decision is final. The Director of Human Resources shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 15.6 Layoff During Probation. An employee who is laid off during probation, if reemployed in the same class, shall be required to complete only the balance of the required probation. UCOA 62 2000-2006 MOU I IV ! ! ! ! • E • . its 01 . SECTION 16 - PROMOTION 16.3 Promotion Via Reclassification Without Examination. Notwithstanding other provisions of this Section, an employee may be promoted from one classification to a higher classification and his/her position reclassified at the request of the appointing authority and under the following conditions: a. An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. b. The incumbent of the position must have performed at the higher level for one (1 ) year. c. The incumbent must meet the minimum education and experience requirements for the higher class. d. The action .must have approval of the Director -of Human Resources. f e. The Association approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 16.4 Requirements for _Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the. :minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing. date. If an employee who is qualified on a promotional employment list is separated UCOA 64 2000.2006 MOU v..,.vAv. Or or ' ! ! "' • ! • i ' . OF • . • i Vit' • • i • i ` ` • i • i i t 4 � ♦ < � r f � � � � M � s t► • • i i i . • IV IVi • • • Fig i ` i • • • i i .. i i • tt , ttt tt . s SECTION 17 - RESIGNATIONS 17.1 Resignation in Good Standing. A resignation giving the appointing authority written notice. at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 17.2 Constructive Resignation. A constructive resignation occurs and is effective when: A. An employee has been absent from duty for ten (10) consecutive working days, (three shifts for employees on a 56-hour work week) without leave; and B. ten (10) more consecutive days (three shifts for employees on a 56 hour work week) have elapsed without response by the employee after the mailing of a notice of resignation by the appointing authority -to the employee at the employee's last known address. 17.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 17.4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and-the appointing authority. 17.5 Coerced Resignations. -� A. Time Limit. A resignation which the employee believes- has been coerced by the appointing authority may be revoked within seven (7) UCOA 66 1 _ . 2000-2006 MOU � - � \ $ � � � � 2 � � . ■ . �� ` $ , ■ , 2 _ - < ' � « � 2 � e ■ < f ■ . - e � � e ' $ - . $ ° e . � - ® � � $ � � _ � e , . ■ e ■ � � � � ■ # « � _ � $ � � & � - 2 � f - . , � , a ■ e e � e � � e � ' $ e � � . . , � ® 2 se �t � e . e ¥ : $ f � ` e . ` � f ` � � , . e � . � e - - ■ � � - « . e � � e � » « , e ® - � e � ® a . . « 2 � � e a � ` f � f � e e e ° � ` - � % e ® e _ e e w � e - _ ■ # $ � \ ■ � ■ � § � � e � � - ■ ■ f ^ � � . e: � � ■ ` � e : e # � \ � $ � � � � . . � � � , � # � $ � � � . - # e ' � e � ' � - , ■ e � � � � e _ . ■ � e � f ■ e � 2 � � , ® - � ■ � ,2e � � e ■ _ , ■ � � $ � - � f $ e # � e - � . - ■ »� e - � $ � e . $ ■ � � � � ^■ �■ � , � � e ■ - � e � f � �■ � ■ � . � � �f _ � - - - � e $ - - � ° _ � 2 , � - � � . $ � � � $ � � \ « � � « � � . - f � � . . � � , ° e - � � e # � f ° e . e , ■ e f » e � � ' � � - � � e � � a � ■ ■ � � � � $ e � ® � � � ee � � ■ e : � - � _ , ■ f � � e � � . # a . . , $ � . � $ � � . $ � j � � � � , �� � � � f � $ � � ■ � ■ . � ■ f » � e � e e - ■ $ � � . � � ■ $ $ # » � ■ � � � _ ■ f ~ ■ � . � � � ■ f - ■ � � � ■ � � � - � � . - ® ■ � � � ■ � � � \ e � . . � ■ � � � 3 � � � e � , e - § � f , $ �� $ . � $ _ � $ , � e ■ � f * f■ e e \ f � f e - e � � ^ ■ $ e � � e - . ■ ■ - . _ ? e � ■ � � \ e . ■ . , . , � , . , , , � � SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION IN SALARY without loss of seniority or pay, subject to the employee's duty to mitigate damages. SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION IN SALARY 18.1 Cause for Dismissal. Susraenslan. Demotion and Reduction in Salary. The appointing authority may dismiss, suspend, demote, or reduce in salary any employee for cause. Reduction in salary shall not exceed five percent (5%) of the employee's base salary. Reduction in salary shall not exceed ninety (90) consecutive calendar days. The following are sufficient causes for such action; the list is indicative :rather than Inclusive of restrictions and dismissal, suspension, demotion or reduction in salary may be based on reasons -other than those specifically mentioned: 1 . absence without leave; 2. conviction of any criminal act involving moral turpitude; 3. conduct tending to bring the County, District or merit system into disrepute; 4. disorderly or immoral conduct; 5. incompetence or inefficiency; 6. insubordination; UCOA 68 .2.000-2006 MOU SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION IN SALARY 7. being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs, or consuming or using liquor or drugs during work hours and/or on County/District premises; 8. neglect of duty, i.e., non-performarice of assigned responsibilities; . negligent or willful damage to public property or waste of public supplies or equipment; 10. violation of any lawful or reasonable regulation or, order given by a supervisor or Fire Chief; 11 .. willful violation of any of the previsions of the ///Merit System Ordinance or Personnel Management Regulations; 12. material and intentional misrepresentation or concealment of any fact in connection with obtaining employment; 13. misappropriation of District/County funds or property; 14. unreasonable failure or refusal to undergo any physical', medical and/or psychiatric exam and/or treatment authorized by this Memorandum of Understanding; 15. dishonesty or theft; 15. excessive or unexcused absenteeism and/or tardiness; UCOA 69 2000-2006 Mau SECTION 18 - DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION IN SALARY 17. sexual harassment including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, interfering with an individual's work performance, or - .creating an intimidating, hostile or an offensive working environment. 18.2 Skelly Ren uirements. Before taking a disciplinary action to dismiss, suspend for more than five (5) work days (48 hours for employees on a 55 hour workweek) 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 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. UCOA 70 2000-2006 MOU � � e � � ; ■ � . � � ° - ? e ` # � e e � ! � ■ � ■ � � � . . . ¥ . � � : . . � . . � � � � e ■ - � . . : - _ - \e � � � . e f . ■ ■ � e ■ � � - , $ $ ■ . ■ » . � e - � - « � , � � ■ � � � e � $ e � - � � ^ e $ � - - � � � f � ■ ■ ■ � � � ■� � ' ■ � ee ■ : - # � . ■ ^ � e ' f < � � � e � _ . , . � . f f � � � � # � $ _ < ° ■ �� # « # e � f , ■ # a � � ■ � � e � � � � � � e _ ■ . : ■ ■ t e 5 - ■ e ■ ■ . - e , $ � � ■ t . . - a # � . e : : � ■ ` � � ea � ` » � ■ ■ ■ a@ ■ �_ ; _ : � : � ■ ee e � � ■ � � � �. � . f e . . � e f e - ee e � m � e $ e f t # e - - ° � � ^ ee � � � � ° � e - ■ � � � - � � e , e e $ - � � . f . e � . - � ■ �e - ■ e � e ■ s f . : ' ' ■ , , - ' �� f ° , , 2 - ® ® e e fee . - e , ■ . . f e ® � « $ ■ - e ` . e � \ � 3 : . ' � ^ ■ , . � � - ` � � e � � f � � � � $ # e e � � e � ? e � � 2 � e � � � e � � � $ � ■ � � - - - � ■ e . _ , ■ . f $ $ �, � _ - e _ ■ f � � � e � ; � ` . . � , _ � < � « , � � � . � _ e . � � f f ■ � ^ $ �■ � � \ �` ■ , � � � � ■ ■ � - e ■ , � AM � $ � $ � , _ ■ . . < � f e e , ■ e � � � - � t ■ _ ■ ■ : \ y ■ : � ■ � & . ■ ± ^« , � ' e � ~ ■ � e $ ■ : © ■ � $ e e � ■ f , � - e e � f - , � ■ $ f , m � * � � $ e � � e \ � � � � � � ® � � � f � � � ■ e � $ � ■ . . - � � - � � e - � � . � 2 � � , ■ e �_ e - f _ e e $ � « � e � , � � � ± , � ■ �� ' � � e e • � � , , , . , �, © # SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE B. Service of Order. Said order of dismissal, suspension, 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 or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U.S. Postal Service. C. Employee Agpeals from Order. The employee may appeal an order of dismissal, suspension or demotion to the Merit Board or through the procedures of Section 19, Management Complaint Procedure, of this Memorandum of Understanding, provided that such appeal is fled in writing with the Director of Human .Resources within ten (10) calendar days after service of said order. SECTION 19 MANAGEMENT COMPLAINT PROCEDURE 19.1 Management Complaint Procedure. A complaint is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding (excluding, however, those provisions of this Memorandum of Understanding which specifically provide that the decision of any County/District, official shall be final, the interpretation or application of those provisions not being subject to the complaint procedure) or disciplinary actions. The Association may represent the employee at any stage of the process. Complaints must UCOA 72 2000-2006 MOU � � . @ . . . . y . � � � . ■ . - . � ¥ $ \ ■ . � . � � : ■ : � . . � . . ■ � ■ � f � ^ ■ � # $ . . . f f _ ■ e . � - � ■ e ` f - � � e » 3 , e � ■ � � © ■ � � � » e � ■ @ � _ » \ _ ■ � � � »■ $ � � e � � ¥ � < f $ � � � $ � � f $ � @ �■ e a - � ■ e � « � : � e e � - - � ■ �$ ` e # � f � e � � ■ � ■ e - . . . $ � # � � a e *� � � � . � $ - fe e � � � � e ■ - ■ ■ � � � ® e ■ � f . $ f � f . � _ ■ ? . � f , e e e e �_ � � f ■ ^ . � � � e ; - � - - � _ � � e # � ' � a � - � #■ ° e e . § � � � . $ � � � w . . . ' : ■ - $ ee , : f § , , § e � e _ - $ ■ � � e # � m � \ _ : : * ' ■ « � e � $ � e © e � : � t f . ■ _ f @ ` � � e e e § _ ^ ` � � . � ■ OF . ee © e � e ` < e f■ \ � f e � � ■ � - t - . . $ e � � - �» © ■ � . � f � e ■ » � � ^ e � � � � ` : - e � e , . e � � � » � _ e ' � t « \ � , ■. - \ _ . . . ® § . . . e - ^ e e � . � � e � � ■ � � . � e _ ■ # 9 � � f � . -^ , ems. e _ f ■ _ \■ ■ , ~ , .- � 7 e . e � e ■ � � � � * � # - � e � � � \ � eee - ■ ^ e � � 2 : � . � e � �� � � ■ � » _ e e �_ � e � , . , � � f . f■ � 2 f e e � f # . - � � ■ # ± � 2 ■ . . � > . $ � � . � � � \ � ® � e .e f � Ase # 000 « e \ e � $ _ � � � � _ of � `ta � � \ � ■ ^ - e � ■ . . lw ■ , $ $ _ $ . - $ _ $ $ 7 � � � : f * $ � e � Ke _ � � � � ■ � f � ■ e ^ ■ ■ : e e , a SECTION 19 •- MANAGEMENT COMPLAINT PROCEDURE C. Step 3. If a complaint is not satisfactorily resolved in Step 2 above, the employee may appeal in writing within - five (5) workdays to the Director of Human Resources. The Director of Human Resources or designee shall have fifteen (15) workdays in which to investigate the merit of the complaint and to meet with the Fire Chief or designee and the employee to attempt to settle the complaint and to respond in writing to the employee and the employee's Association representative. D. Step 4. No complaint may be processed under this Section which has not first been filed and investigated in accordance with Step 3 above and filed within five . (5) calendar days of the written response of the Director of Human Resources or designee. If the parties are unable to . reach a mutually satisfactory accord on . any complaint which arises and is -presented during the term of this Memorandum , of Understanding, such complaint shall be submitted in writing within five (5) calendar days to the Director of Human Resources requesting that the complaint be submitted to an Adjustment Board. Such Adjustment Board. is to be comprised of three (3) Association representatives, no more than one (1 ) of whom shall be either an employee of the District or a member of the Association presenting this complaint, and three (3) representatives of the District, no more than one (1 ) of whom shall be an employee of -a. District covered by this MOU, or a County employee or a member of the staff of an organization employed to represent the District in the meeting and conferring process. The Adjustment Board shall meet and UCOA 74 20..00-2006 MOU . or 4p 0 i i i ` i i i - i • � z i � i # # ! i � i • • ! i i R i ' i " • ' � • # ' i i # lw 41 OF • ,. i i i i � • ' i IV # SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE F. For the purposes of this Section 19 the term "workday" shall be defined as any day except a Saturday, Sunday or holiday. 19.2 Scope of Adjustment Board and Arbitration Decisions. A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be . final and binding on the parties hereto, to the extent permitted by law. B. No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association which has been certified as' the recognized employee organization for such unit and unless such dispute falls within the definition of a complaint as set forth in Section 19.1 above. C. Proposals to add to or change this Memorandum' of Understanding or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this Memorandum of Understanding nor any matter or subject arising out of or in connection with such proposals, may be- referred to arbitration under this Section. Neither any Adjustment Board nor any .arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements UCOA 76 2000-2006 MOU SECTION 19 - MANAGEMENT COMPLAINTPROCEDURE supplementary hereto or to establish any new terms or conditions of employment. D. If the Director of Human Resources in pursuance of the procedures outlined in Section 19.1C above, or the Adjustment Board in pursuance of the provisions of Section 19.1 D above, resolve a complaint which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for 'lost time; but, in the event that the complaint is carried to arbitration and such employee is found to have been properly discharged under the provisions of Section 19, such employee may not be. ordered reinstated and no penalty may be assessed upon the County/District. 19.3 Clarification on Time Limits of the „Complaint Procedure. - The time limits and steps specified above may be waived by mutual agreement of the parties to the complaint. If the District fails to meet the time limits specified in Steps 1 through 3 above, the complaint will automatically move to the next step. If a complainant fails to meet the time limits specified in Steps 1 through 5 above, the complaint will be deemed to have been settled and withdrawn. 19.4 Representation outside of Association. An official, with whom a formal complaint is filed by a complainant who is included in a unit represented by the Association, but is not represented by the Association in the complaint, shall give the Association a copy of the formal presentation. UCOA 77 2000-anos MOU SECTION 19- MANAGEMENT COMPLAINT PROCEDURE 19.5 Compensation Complaints. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Director of Human Resources. only complaints which allege that employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as complaints. Any other - matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the Memorandum of Understanding 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 adjustments shall be retroactive for more than six (f) months from the date upon which the : complaint was filed. No change in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Adjustment . Board or arbitration proceedings hereunder) will be recognized unless agreed to by the District and the Association. 19.5 No Strike. During the term of this Memorandum of Understanding, the Association, its members and representatives, agree that it and they will not engage in, authorize, sanction or support any strike, slowdown, refusal to perform- customary duties, stoppage of work or sickout against the District. In the case of a legally declared lawful strike against a private or public sector employer which his 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 the employee's supervisor UCOA 78 2000-2006 MOU # � � • 4 oil]zi 40 M1 # � �/ II/ - IIA # �A � � • � `. • • � jig s Ir SECTION 20 EMPLOYEE REPRESENTATION RIGHTS SECTION 20 - EMPLOYEE REPRESENTATION RIGHTS The District recognizes an employee's right to representation during any disciplinary interview or meeting, which may result in discipline. The District will not interfere with the representative's right to assist an employee to clarify the facts during the interview. SECTION 21 - RETIREMENT CONTRIBUTION Pursuant to Government Code Section '31581 .1 , the District will continue to pay fifty percent (50%) of the retirement contributions normally required of employees. Such payments-shall continue until the provisions, outlined below, go into effect. Effective sixty (60) to ninety (90) days subsequent to approval of the UCOA MOU by the Board of Supervisors and pursuant to United States Code, Title 26, Subtitle A, Chapter 1 , Subchapter D, Part 1, Subpart B, Section 414(h)(2), the following Retirement Contribution Procedure will be implemented: The employee's base pay will be increased by 3.9%. This amount is one half (1/2) the average retirement percentage ' rate paid by represented members (not including cost of living program contribution). The employee will be responsible for one hundred percent (100%) of the normal contribution required of the employee. The contribution will be deducted from the employee's earnings pretax based on the individual UCOA 80 2000-2006 MOU SECTION 22 - SAFETY employee's retirement contribution percentage, basad on age of entry into the retirement system. Employees shall be responsible for payment of the employees' contribution for the retirement cast of living program as determined by the Board of Retirement of the Contra Costa County Employees' Retirement Association without the District paying any part of the employees share. The District will pay the remaining one-half (1/2) of the retirement cost-of-living program contribution. SECTION 22 - SAF'ET'Y The District shall upend every effort to see to it that the work performed under the terms and conditions of this Memorandum of Understanding. is . performed with .maximum degree of safety consistent with the requirement to conduct efficient operations. SEC • ION 23 - MILEAGE Reimbursement for Use of Personal Vehicle. The mileage allowance for use -of personal vehicles on District business. shall be paid according to the rates allowed by the Internal Revenue Service and .shall be adjusted to reflect changes I.in this rate on the date it becomes effective or the first of the month following announcement of the changed. rate by !the Internal Revenue Service, whichever is later. :UCOA 81 2000-2008 MOU SECTION 24 - UNIFORM ALLOWANCE SECTION 24 - UNIFORM ALLOWANCE The monthly uniform allowance for all employees in represented classes for which a uniform is required shall be $50/month. SECTION 25 - CERTIFICATION REQUIREMENTS 25.1 Required Certifications. Incumbents of each of the classifications represented by the Association shall, at all times, possess current certification appropriate for practice in Contra costa County in First Responder Public Safety and Hazardous Materials Incident Commander. 25.2 General Terms. a: The District. will provide maintenance training to incumbent employees to comply with the requirements of Section 25.1 above. b. Employees appointed into any of the applicable classifications (excepting movements between these classifications) shall obtain these certifications within six (6) months of appointment. The District will provide initial certification training to these employees. SECTION 26 — OTHER TERMS OF EMPLOYMENT 26.1 Longevity Pay. Employees who have completed ten (10) years of appointed service for the District shall be eligible to receive a two and one-half UCOA 82 20.00-2006 MOU # » . ; ■ . » e ° ' . ■ � , ■ } � - � � � , { ~ ~ � ^ � \ � { � � � ■ ` � ■ � � e . e . e f � a � e � � - « � e ■ - . e � - f ■ . � ® �- � � e e � # - ° # � ® � ■ � , � \ �` e ® e � $ ■ f f $ ■ � e . . - � f f $ e - f . . . e ■ f .■ ® e ` � � fe \ e � ■ � _ ■ ■ � » _ � � ■ » - a e -� ■ � ■ � � , � �■ � ■ § ■ .■ ; # � ; , Z , � � � � - . $ , . , ; �. � » . �� . ■ - ,, � t $a � , ■ - , a » : ■ % $ < $ . : � � ■ ■ . ■ � � � � � � ■ � ■ , | . ■ ■ $ ■ ■ ■ ■ ■ ■ � ; � ■ ■ $ ■ � . | � � , � , < | ■ ■ a # � „ ; ; _ ■ ■ ; . ■ ■ ■ # � � ■ � - . . $ $ » . ■ � � � � � � $ $ � � ■ e � ■ � $ . � ' � � , � � � a fe , � : e � et � � e � ■ � � ■ � #e e e � � e � � e � � e ` e e � e � � e - � e $ t � . e@ , \ $ ■ . � e � � - ■ � ■ � f ■ $ § � � e e f f � : � » ■ _ � , » ' , � » . � ■ � e e � # . � � . � ' a � � » ■ « ± ■ � ' e ■ � . % . � $ . � � � : � e ■ f - . � � , � f , e » � ' � < ■ $ - � 2 � e ee ■ � ' - ■ ^ � f # ° 0 qpe ■ ° e « @ , f ■ Or , _ » $ ■ ■ , . � � e $ f � f # � ■ e - f � �- e � � e e ^ � � ! - � $ ■ � � - � e e . f ` e ■ � � - e $ < e _ � ` � f ~ ■ � � � ■ � e � � � � � _ 2e � � $ � e � � � � � f ■ : e � � , ■ , - � ` f � e $ f e , � � e e f $ # e10 SECTION 26 - OTHER TERMS OF EMPLOYMENT 26.3 Training. Employees shall be eligible for career development training reimbursement in the maximum amount not to exceed $650 per fiscal year. The policy for reimbursement of training expenses shall be consistent with County and District policies on Travel and Training. 26.4 Educational Incentive Program. = Employees who possess the appropriate certificates or educational degrees beyond the minimum requirements for their class and/or meet the appropriate continuing educational requirements shall be eligible to qualify for professional development educational incentives under the conditions described herein. 1 . Incumbents of the following classifications are eligible to participate in this incentive program: Battalion Chief Chief, Fire Emergency Medical Services 2. All differentials shall be designated as either contingent or permanent allowances and shall be awarded in increments of 2.5% of monthly base salary. The combined contingent and permanent educational incentives awarded any employee in any class noted above shall not exceed 7.5%.of monthly base pay. 3. This plan is subject to appropriate administrative guidelines and controls promulgated by theF--ke Chief and approved by the Human Resources Director to ensure that the standards described herein are met. These guidelines include, but are not limited to, the following: UCOA 84 2000-2006 MOU SECTION 26 -- OTHER TERMS OF EMPLOYMENT a. Employees who become qualified for permanent allowances at either the 2.5% or 5% levels as described herein shall be eligible for receipt of the appropriate allowance beginning on the date of qualification. b. Employees who qualify for either the permanent or contingent levels of allowance described herein do so effective the first day of the month providing that acceptable documentation is received by Fire District Administration not later than the twenty-fifth (25th) of the proceeding month. 4. The program is intended to encourage the further professional -development of eligible personnel by the pursuit and achievement of job-related certificates or degrees as follows: a. A Certificate of Achievement in Fire Technology, Business Administration, Management and Supervision or a related field from an accredited college. b. An Associate of Arts or Science Degree from an accredited college with a major in Fire Technology,, Business Administration, Management and Supervision or a related field. c. A. Chief Officer Certificate issued by the-Office of the State Fire Marshal. UCOA 85 - 2000.200$ MOU SECTION 26 - OTHER TERMS OF EMPLOYMENT d. A Baccalaureate Degree from an accredited college or university with a major in Business or Public Administration or a related field. 5. Qualifications for allowances shall be under the following conditions: a. A contingent allowance of 2.5% shall be awarded for annually completing at least forty (40) hours of approved education or training or at least three (3) approved college semester units (or equivalent quarter units) or an approved combination thereof in pursuit of options (a) through (d) in Section 4 above. b. A permanent allowance of 2.5% shall be awarded for possession of one of options (a) through (d)-in Section 4 above. Only one 2.5% permanent allowance is available within this category. c. A permanent allowance of 2.5% shall be awarded for possession of one of options (a) through (d) in Section 4 and additional contingent allowance of 2.5% shall be awarded for annually completing at least forty- (40) hours of approved educational or training or at least three (3) approved college semester units (or equivalent quarter units) or an approved combination thereof in pursuit of any other option consistent with the offiicially declared educational objective. d. A permanent allowance of 5% shall be awarded for possession of either (1 ) options (b) and (c) in UCOA 86 2000-2006 MOu • • i - i • # # i i # i # # • # IV # i • • 40 SECTION 26 - OTHER TERMS OF EMPLOYMENT Other related and appropriate training/education resources approved by the Fire District may be considered. To encourage personal and professional growth, the District provides reimbursement for certain expenses incurred by employees for job-related training (required training and career development training/education). Provisions for eligibility and reimbursement are determined by the District and County and outlined in District and County policy. 26.6 Professional Development Reimbursement. Employees shall be eligible for reimbursement of up to $450 for each two (2) year period beginning January 1 , .2001 for memberships in professional organizations, subscriptions to professional publications, attendance fees at job-related professional development activities and purchase of computer hardware and software. Authorization for individual professional development reimbursement requests shall be made by the Fire chief. Reimbursement will occur through the regular demand process with demands being accompanied by proof of payment. 26.7 Bilingual Pay Differential. A monthly salary differential shall be paid to incumbents of positions requiring bilingual proficiency as designated by the Fire Chief and the Human Resources Director. The differential shall be prorated for employees working less than full time and/or on an unpaid leave of absence during any given month. The differential shall be sixty-five dollars ($65) per month. UCOA 88 2000-2006 MOU � � ■ � _ � e � ■ $ ■ \ ■ . � e � \ $ � � ■ � ■ $ - � �■ � fa ® �■ - e ` �■ ■ _ : ' ■ � � t ^ a . , ■ . � e - � ■ ^ � . e ° � » of , � # ' $ e � # 2f % e ¥ � � � � m , ; ' ■ f © , � ° ■ , ■ � , vw ' _ ■ e ■ - ' . ' , e do , < , e 2 ® ^ f ■ f ■ _ a - $ ■ ■ ■ , a - f ■ : ' : _ ■ \ . $ � . �$ . - t � . � � . � # � 2 . : ■ ® � > $ � , 4W OF _ . � � `■ - ■ e � , � @ ■ _ � e f � ' $ � f . �, ■ ■ - - - . � - � » � $ - $ _ � $ � ■ . - ■ � � � e ■ ' , ■ # ■ ■ � - � � � � ^ � - # � � � , e . ® � - ' ■ f � � . $ . .. ;. . ■ � � � ■ � $ $ $ ® � $ � ■ $ e � . � m ■ ® � � � $ ~ � _ � � - \ � � $ - � ■ e �- � , 00 e . . ©. � ■ f e ee , � ® - . � f ■ . � � _ , $ f � ' � fe � $ $ � � � � # � » - ■ - � � � � ■° - f . f e $ � e � * - � e ■ - f $ < . : e « \ . _ , $ � � � e � $ � . � � _ $ . � � - � � � � � ■ ` . e # ' ® � f � � � _ ^ � e � � ® e .• � ' ;.., , ■ � ■ , e SECTION 28 — DAYS AND HOURS OF WORK positions shall usually be assigned to a fifty-six (55) hour per week schedule consisting of three (3) 24-hour shifts in a nine (9) day cycle with four (4) consecutive days off (commonly referred to as "3 and 4") in providing Shift Battalion Chief coverage. Nothing herein shall preclude the Fire Chief, or designee from assigning employees of this unit between the existing work schedules or to the work assignments which best meet the workload demands and operational needs of the District and/or which results in the provision of effective, efficient services to the public. B.In the event that the Fire Chief or designee determines a need to reassign Battalion Chief(s) from one battalion to another battalion, from one 55-hour shift to another 56-hour shift, or both, the Fire Chief or designee will provide. written notice to all Battalion Chiefs of such need.- The Fire Chief or designee will meet with the Battalion Chiefs as' a group. There shall be at least five (5) days advance notice of the meeting. At the meeting to discuss the change, the Battalion Chiefs' input shall be solicited. The Battalion Chiefs will have the opportunity to request reassignment in , writing. The Fire Chief or designee will provide at least five (5) days notice, prior to implementing the change. After such meeting and notice, the Fire Chief or designee will make reassignment(s) at ' his/her sole discretion. UCOA so 2000-2006 MOU � � e ; ■ . � t � ■ e - ■ � e - ^ - � � � � � � _ � � � � � e � ■ f e �� e f f � � - � - fe e � � . � ■ � _ e � � e . � e � - � e - ^ ■ � e � - f■ . ■ , @ - e � e a � - � � - ■ e - : $ - ' < e e ■ - « . . - � e � - e � ¢ � � ■ . ' � ^ e � \ . � ~ � ` ■ $ � � ? , e � - $ . - $� � - � - � $ �. � - � �f - � ■ # e . \ . . � � � ■ � � f & , . ¥ e \ ` . . e . � � , e - . $ � � - $ f � » � _ * ^ � 2 � f ^ � f � f ■ e e e � . � $ - . e � - - ■ e e - � 2 � � , , $ . . $ - ■ $ °e � e f � ® � ■ f . , ■ � '� �� � e ■ e e � � , # � � � - � - � � � e � ■ � . $ � ff � � � - f � � � ' $ � . � � , � # � - � 2 � a � . , $ .$ ■ / � � � � f _ e f \ _ ■ ■ * � . � . . , . _ . . - » - . . 2 . . t - ~ . , . � _ . � � 2 e . ■ # � . ' � » . � # � � � . ■ � ■ � ■ - f � � � « - » . � ' f � f . 2 $ � ■ �: ■ - � ■ ~ ■ e § 4p f 2 w e o f - 2 ■ � © 2 $ e $ < � f \ - � � f � � ■ f . $ � - f � , e ■ � ' e e� � e � © � � e � � $ - , . �� ■ _ ■ e ■ ` e r ' : � „ � , , : � ■ . SECTION 29 -- BATTALION CHIEF OPENINGS after the emergency assignment is proposed and/or has been made. SECTION 29 — BATTALION CHIEF OPENINGS As assignments for a Battalion Chief occur, Battalion Chiefs shall be notified of such openings and be afforded an opportunity to request reassignment - said request to be submitted in writing to the Fire Chief or designee. However, requests will be granted or denied at the sole discretion of the Fire Chief. SECTION 30 — SERVICE AWARDS The District shall continue its present policy with respect to service awards including time off; .provided, however, that the type of award given shall be at the sole discretion of the County. SECTION 31 — DEFINITIONS FOR SERVICE AWARDS AND VACATION ACCRUALS The length of service credits of each employee of the District shall date from .the beginning of the last period of continuous District employment (including temporary, provisional and permanent status, and absences on approved leave of absence). When an employee separates from a permanent position in good standing and within two (2) years is re-employed in a permanent District position or is re-employed in a permanent District position UCOA 9220.00-2006 MOU ......:::::::::::.::.:::::::::::::.:::::_ � : , ■ . 2 - � � e - ' - . � : � � e � � _ ■ ^ � � ■ f e ■ # � �$ � �� � ■ � e � � e� � # # - � � ■ � � a � � e � « ■ $ � - e � � e - ■ f � $ a � , � � e . - ? � � e ® . - f � f � � � » � � � $ � � e ■ � � � ■ e . - � � . , . ` . ■ ■ � § � f � e - e . « � f . IN- - ;!A" \ � f � � � ■ < � � $ . . ■ . t � < ° e . � . ■ � » � , � � _ _ ■ ■ � � - _ � ■ � ® e , e . ' � � � \ ■ ` ■ _ � � � » � e � f � a e � e - - � e � � ' _ � e , . e ^ e � , , e e ® . f - , ■ e , 10 . te e - ■ $ # - ■ � e ■ . e ^ � < � . $ � $ � e� . � ef § � ■ ^ ■ . * � � _ e _ � $ ■ � _ e f e � � - $ � - : a , � ` a � : ■ e . � ee � e � $ ® $ e , e ■ � ■ ' » e � � � ' 2e ■ . � $ � a � _ � t : � . ' � � � � . ` 2� � � $ - $ T ■ � f $ » � ■ , eee � ■ ■ ■ - ■ � $ f � f � f . - e e < e \ � � � e � � $ $ e � � f � - � . ■ - � � � ^ - e \ _ � @ $ � _ \ � ® e � f $ . e � e ' � - _ . e � f ■ �f ■ e . e e le . ■ . . » � e $ �$ � . $ < » $ ' ?e � � - : � - ■ e � ` . e � e , ■ ee � ■ , , • � , , , « , , , ., SECTION 34 - SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS SECTION 34 - SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS 34.1 Scope of Agreement. Except as otherwise specifically provided herein, this Memorandum of Understanding represents the full and complete incorporation of those proposals which were considered and evaluated pursuant to the meet and confer process. This Memorandum of Understanding constitutes the entire and sole agreement between the Parties on any and all matters that were presented during the meet and confer process. If a proposal was made by either Party and not incorporated within this Agreement, then it was considered and rejected. The Association understands and agrees that the County . and/or District is not obligated to meet and confer regarding. wages, hours or conditions of employment during the term of this extended agreement, except as otherwise required by law. 34.2 Separability of Provisions. Should any section, clause or provision of this Memorandum of Understanding be. declared . illegal, unlawful or unenforceable, by . final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding. 34.3 Personnel Management Regulations. Where a specific provision contained in a section of this Memorandum of Understanding conflicts with a specific UCOA 94 20.00-2006 MOU SECTION 34 - SCOPE of AGREEMENT & SEPARABILITY OF PROVISIONS provision contained in a section of the Personnel Management Regulations, the provision of this Memorandum of Understanding shall prevail. These provisions of the personnel Management Regulations within the scope of representation which are not in conflict With the provisions of this Memorandum of Understanding and those provisions of the Personnel. --Management Regulations which are not within the scope of representation shall be.considered in full force and effect. 34.4 Duratign.�,of Agreement. This Agreement shall continue in 'full force and effect from July 1 , 2000 to and including June 30, 2006. Said Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior to sixty ( 0) days from the aforesaid termination plate of its .intention to amend, modify or terminate the Agreement. Date: ''' FOR THE DIS RICT. FOR Ut3A. AJ o ' i UCOA 95 2000-2006 MOU