HomeMy WebLinkAboutRESOLUTIONS - 12052006 - 2006/763 ,I
TO: — BOARD OF SUPERVISORS
� ..� CONTRA
FROM: Lori Gentles, Assistant County Administrator-
Director of Human Resources ,',. - •,P°, -
COSTA
� ,,.:.�.. .
DATE: November 28, 2006 COUNTY�'` =gin"
SUBJECT: Memorandum of Understanding with the Deputy Sheriff's
Association — Rank and File Unit (DSA) for October 1,
2005 through June 30, 2008 `'ll
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT the attached Resolution No. 2006/ approving the Memorandum of Understanding
between Contra Costa County and the Deputy Sheriff's Association — Rank and File Unit (DSA)
implementing negotiated wage agreements and other economic terms and conditions of employment
beginning October 1, 2005 through June 30, 2008.
c
CONTINUED ON ATTACHMENT: SES SIGNATURE i
✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAMN CIPBOARD COMMITTEE
:APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOAR()O APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
UNANIMOUS(ABSENT ) COPY OF AN ACTION TAKEN AND ENTERED ON THE
AYES: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE
y�ABSENT: � ABSTAIN:�{ SHOWN.
S9-0,)\,
Orig g.Dept: Resour s Department \ ATTESTED ✓ J '
cc: County Administrator JOHN B.CULLEN,CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Auditor-Controller
Deputy Sheriffs Association(DSA)
BY 0 ,DEPUTY
M382(10/88)
O
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 28, 2006 by
the following vote:
AYES:--f- -a--
NOES: O(D r2
ABSENT: q\io ILi
ABSTAIN: NDN - �1Sjl� ct<S -� V
SUBJECT: Adopt the Memorandum of ) RESOLUTION NO. 2006/ 1&3
Understanding with the Deputy )
Sheriff's Association - Rank and File )
Unit (DSA)
BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the
Memorandum of Understanding (MOU) (copy attached and included as part of this document)
between Contra Costa County and the Deputy Sheriff's Association - Rank and File Unit
(DSA), jointly signed by Lori Gentles, Assistant County Administrator, Director of Human
Resources, and John Noble, Labor Representative, Deputy Sheriff's Association - Rank and
File Unit (DSA), implementing negotiated wage agreements and other economic terms and
conditions of employment beginning October 1, 2005 through June 30, 2008 for those
classifications represented by that employee organization.
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.
Orig. Dept: Human Resources Department —�>P,M
cc: County Administrator ATTESTED
County Counsel JOHN B.CULLEN,CLERK OF THE BOARD OF
Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR
Deputy Sheriffs Association(DSA) BY ® � DEPUTY
RESOLUTION NO. 2006/ 3
Agenda Date: a"l ' S^ ' D b Item No.:
Subject: Presenter:
Agenda Clerk's Note:
❑ Background not available at the time the agenda packet was compiled
❑ Information for this item was previously furnished (Date: )
❑ Oral Report to be given at the Board Meeting
❑ Error in numbering agenda items
❑ Deleted
El Documents on file with the Clerk of the Board
/
Q Document or attachments included separate from this packet
(voluminouslboundloversizelcolor pages, etc.) O
---
e, •S 1/ GOltf.�,e4 -�
REQUEST TO SPEAK FORM (3 Minute Limit) I wish to speak on Agenda m#: G• S�'
Complete this form and place it in the upright box near the Date: 2/ 06
speaker's podium, and wait to be called by the Chair.
My comments will be: ❑ General
Personal,information is optional. This speaker's card will be
incorporated into the public record of this meeting. IS For
Name: /}I//�f"� �o<</�Ee ❑ Against
❑ I wish to speak on the subject of:
Address: / 72F0 120City: /'jJi9 /N a
Phone: 97/p �.
I am speaking for: ❑ Myself
Vr Organization: ❑ Ido not want to speak but would like to
�EPu� S�1c- ifF �9SSaL, leave comments for the Board to consider
(use the back of this form)
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS' ASSOCIATION
RANK & FILE UNIT
This Memorandum of Understanding (MOU) is entered into pursuant to the
authority. contained in Board of Supervisors Resolution 81/1165 and has been
jointly prepared by the parties.
The Employee Relafions Officer (County Administrator) is the representative of
Contra Costa County in employer-employee relations matters as provided in
Board of Supervisors Resolution 81/1165, Section 34-8.012.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees in units in which the
Association is the recognized representative, have freely exchanged information,
opinions and proposals and have endeavored to reach agreement on all matters
relating to the employment conditions and employer-employee relations covering
such employees.
This MOU shall be presented to the Contra Costa County Board of Supervisors
as the joint recommendations of the undersigned for salary and employee benefit
adjustments for the period commencing October 1, 2005 and ending June 30,
2008.
Special provisions and restrictions pertaining to Project employees covered by
this MOU are contained in Attachment D which is attached hereto and made a
part hereof.
DEFINITIONS
Appointing Authority: Department Head unless otherwise provided by statute or
ordinance.
Association: Deputy Sheriffs' Association (DSA).
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and
that the same descriptive title may be used to designate each position allocated
to the group. .
Class Title: The designation given to a class, to each position allocated to the
class, and to the employees allocated to the class.
I DEFINITIONS
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Coun : Contra Costa County.
Demotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is lower than the top step of the
class which the employee formerly occupied except as provided for under
"Transfer" or as otherwise provided for in this MOU, in the Personnel
r
Management Regulations, or in specific resolutions governing deep
classifications.
Director of Human Resources: The person designated by ,the County
Administrator to serve as the Assistant County Administrator-Director of Human
z
Resources.
Eligible: Any y person whose name is on an employment or reemployment or
layoff list for a given classification.
Employee: A person who is an incumbent of a position or who is on leave of
absence in accordance with provisions of this MOU and whose position is held
pending his/her return.
Employment List: A list of persons who have been found qualified for
employment in a specific class.
Layoff List: A list of persons who have occupied positions allocated to a class in
the Merit System and who have been involuntarily separated by layoff or
displacement or have voluntarily demoted in lieu of layoff.
Permanent-Intermittent Position: Any position which requires the services of an
incumbent for an indefinite period but on an intermittent basis, as needed, paid on
an hourly basis.
Permanent Part-Time Position: Any position which will require the services of
an incumbent for an indefinite period but on a regularly scheduled less than full
time basis.
Permanent Position: Any position which has required, or which will require the
services of an incumbent without interruption, for an indefinite period.
Project Employee: An employee who is engaged in a time limited program or
service by reason of limited or restricted funding. Such positions are typically
funded from outside sources but may be funded from County revenues:
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
DSA RANK & FILE - 2 - 2005 - 2008 MOU
u
SECTION 1 - RECOGNITION
"Transfer" or as otherwise provided for in this MOU, in the Personnel
Management Regulations, or in specific resolutions governing deep classes.
Position: The assigned duties and responsibilities calling for the regular full time,
part-time or intermittent employment of a person.
Reallocation: The act of reassigning an individual position from one class to
another class at the same range of the salary schedule or to a class which is
allocated to another range that is within five (5) percent of the top step, except as
otherwise provided for in the Personnel Management Regulations, deep class
resolutions or other ordinances.
Reclassification: The act of changing the allocation of a position by raising it to a
higher class or reducing it to a lower class on the basis of significant changes in
the kind, difficulty or responsibility of duties performed in such position.
Reemployment List: A list of persons, who have occupied positions allocated to
any class in the merit system and, who have voluntarily separated and are
qualified for consideration for reappointment under the Personnel Management
Regulations governing reemployment.
Resignation: The voluntary termination of permanent service with the County
from a position in the merit system.
Temporary Employment: Any employment in the merit system which will require
the services of an incumbent for a limited period of time, paid on an hourly basis,
not in an allocated position or in permanent status.
Transfer: The change of an employee who has permanent status in a position to
another position in the same class in a different department, or to another
position in a class which is allocated to a range on the salary plan that is within
five percent (5%) of the top step as the class previously occupied by the
employee.
SECTION 1 - RECOGNITION
1.1 Association Recognition. The Association is the formally
recognized employee organization for the Deputy Sheriffs' Rank & File Unit and
such organization has been certified as such pursuant to Chapter 34-12 of Board
of Supervisor's Resolution 81/1165.
1.2 Association Business. All elected members of the Board of the
governing body of the DSA and any general member having agendized business
before the Board requiring the member's personal appearance may be allowed to,
DSA RANK & FILE - 3 - 1 2005-2008 MOU
SECTION 2 - ASSOCIATION SECURITY
y attend said Board meeting during duty hours without any loss of pay or benefit,
provided that at least twenty-four (24) hour advance written request is made.
The first-line supervisor of the member shall be empowered to grant release time,
if the granting of same would not require added costs (i.e., .,overtime or
replacement by a temporary employee). Operational impact will also be
considered.
SECTION 2 - ASSOCIATION SECURITY
p
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution 81/1165
only a majority representative may have dues deduction and as such the
Association has the exclusive privilege of dues deduction for all members in its
unit.
2.2 Agency Shop.
A. The Association agrees that it has a duty to provide fair and non-
discriminatory representation to all employees in all classes in the
units for which this section is applicable regardless of whether they
are members of the Association.
B. All employees employed in a representation unit on or after the
effective date of this MOU and continuing until the termination of the
MOU, shall as a condition of employment either:
1. Become and remain a member of the Association or;
2. pay to the Association, an agency shop fee in an amount
which does not exceed an amount which may be lawfully
collected under applicable constitutional, statutory;, and case
law, which under no circumstances shall exceed the monthly
dues, initiation fees and general assessments made during the
duration of this MOU. It shall be the sole responsibility of the
Association to determine an agency shop fee which,peets the
above criteria; or
3. do both of the following:
a. Execute a written declaration that the employee is a
member of a bona fide religion, body or sect which has
historically held a conscientious objection to joining or
financially supporting any public employee organization
as a condition of employment; and
DSA RANK & FILE - 4 - 2005 - 2008 MOU
SECTION 2 - ASSOCIATION SECURITY
b. pay a sum equal to the agency shop fee described in
Section 2.2.8.2 to a non-religious, non-labor, charitable
fund chosen by the employee from the following
charities: Family and Children's Trust Fund, Child Abuse
Prevention Council and Battered Women's Alternative.
C. The Association shall provide the County with a copy of the
Association's Hudson Procedure for the determination and protest of
its agency shop fees. The Association shall provide a copy of said
Hudson Procedure to every fee payer covered by this MOU within
one month from the date it is approved and annually thereafter, and
as a condition to any change in the agency shop fee. Failure by fee
payor to invoke the Association's Hudson Procedure within one
month after actual notice of the Hudson Procedure shall be a waiver
by the employee of their right to contest the amount of the agency
shop fee.
D. The provisions of Section 2.2.13.2 shall not apply during periods that
an employee is separated from the representation unit but shall be
reinstated upon the return of the employee to the representation unit.
The term separation includes transfer out of the unit, layoff, and
leave of absence with a duration of more than thirty (30) days.
E. Annually, the Association shall file with the Director of Human
Resources a financial statement which shall include an accurate
balance sheet and annual income statement. Such report shall be
available to employees in the unit. Failure to file such a report within
sixty (60) days after the end of its calendar year shall result in the
termination of all agency shop fee deductions without jeopardy to
any employee, until said report is filed.
F. Compliance.
1. An employee employed in or hired into a job class represented
by the Association shall be provided with an "Employee
Authorization for Payroll Deduction" form by the Human
Resources Department.
2. If the form authorizing payroll deduction is not returned within
thirty (30) calendar days after notice of this agency shop fee
provision and the association dues, agency shop fee, initiation
fee or charitable contribution required under Section 2.2.13.3
are not received, - and the employee has not timely invoked
the Association's Hudson Procedure, or if invoked, the
employee's Hudson Procedure rights have been exhausted -
the Association may, in writing, direct that the County withhold
DSA RANK & FILE - 5 - 2005-2008 MOU
+ SECTION 2 - ASSOCIATION SECURITY
E
3
the agency shop fee and the initiation fee from the employee's
salary, in which case the employee's monthly salary shall be
reduced by an amount equal to the agency shop fee and the
County shall pay an equal amount to the Association.
E
G. The Association shall indemnify, defend, and save the County
harmless against any and all claims, demands, suits, orders, or
judgments, or other forms of liability that arise out of or by reason of
this Association Security Section, or action taken or not taken by the
County under this Section. This includes, but is not limited to, the
County's Attorneys' fees and costs. The provisions of this subsection
shall not be subject to the grievance procedure.
H. The County Human Resources Department shall monthly furnish a
list of all new hires to the Association.
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I. In the event that employees in a bargaining unit represented by the
Association vote to rescind "Agency Shop," the provisions of
Sections 2.3 and 2.4 shall apply to dues-paying members of the
Association.
2.3 Maintenance of Membership. All employees in units represented
by the Association who are currently paying dues to the Association and all
employees in such units who hereafter become members of the Association shall
as a condition of continued employment pay dues to the Association for the
duration of this MOU and each year thereafter so long as the Association
continues to represent the position to which the employee is assigned, unless the
employee has exercised the option to cease paying dues in accordance with
Section 2.4.
2.4 Withdrawal of Membership. By notifying the Auditor-Controller's
Department in writing, between August 1 and August 31, 2005, any employee
may withdraw from Association membership and discontinue paying dues as of
the payroll period commencing September 1, 2005, discontinuance of dues
payments to then be reflected in the October 10, 2005 paycheck. Immediately
upon the close of the above mentioned thirty (30) day period the Auditor-
Controller shall submit to the Association a list of the employees who have
rescinded their authorization for dues deduction.
An employee in the bargaining unit who terminates membership in the
Association shall, as a condition of continued employment, within 30 days of such
termination, comply with either Section 2.2.6.2 or 2.2.B.3, without any lapse of
financial contributions.
2.5 Communicating With Employees. The Association shall be
allowed to use designated portions of bulletin boards or display areas in public
DSA RANK & FILE - 6 - 2005 - 2008 MOU
SECTION 2 - ASSOCIATION SECURITY
portions of County buildings or in public portions of offices in which there are
employees represented by the Association, provided the communications
displayed have to do with official organization business such as times and places
of meetings and further provided that the Association appropriately posts and
removes the information. The department head reserves the right to remove
objectionable materials after notification to and discussion with the Association.
Representatives of the Association, not on County time, shall be permitted to
place a supply of employee literature at specific locations in County buildings if
arranged through the Labor Relations Manager; said representatives may
distribute employee organization literature in work areas (except work areas not
open to the public) if the nature of the literature and the proposed method of
distribution are compatible with the work environment and work in progress. Such
placement and/or distribution shall not be performed by on duty employees.
The Association shall be allowed access to work locations in which it represents
employees for the following purposes:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
d. to represent an employee on a grievance, and/or to contact an
Association officer on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements including disclosure of which of the above
purposes is the reason for the visit, will be made with the departmental
representative in charge of the work area, and the visit will not interfere with
County services.
2.6 Use of County Buildings. The Association shall be allowed the use
of areas normally used for meeting purposes for meetings of County employees
during non-work hours when:
a. Such space is available and its use by the Association is scheduled
twenty-four (24) hours in advance;
b. there is no additional cost to the County;
C. it does not interfere with normal County operations;
DSA RANK & FILE - 7 - 2005-2008 MOU
SECTION 2 - ASSOCIATION SECURITY
d. employees in attendance are not on duty and are not scheduled for
duty;
e. the meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Association shall maintain proper order at the
meeting, and see that the space is left in a clean and orderly condition.
t
The use of County equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is
prohibited, even though it may be present in the meeting area.
2.7 Advance Notice. The Association shall, except in cases of
emergency, have the right to reasonable notice of any ordinance, rule, resolution
or regulation directly relating to matters within the scope of representation
proposed to be adopted by the Board, or boards and commissions designated by
the Board, and to meet with the body considering the matter.
The listing of an item on a public agenda, or the mailing of a copy of a proposal at
least seventy-two (72) hours before the item will be heard, or the delivery of a
copy of the proposal at least twenty-four (24) hours before the item will be heard,
shall constitute notice.
In cases of emergency when the Board, or boards and commissions designated
by the Board determines it must act immediately without such notice or meeting,
it shall give notice and opportunity to meet as soon as practical after its action.
2.8 Assignment of Classes to Bargaining Units. The County shall
assign new classes in accordance with the following procedure:
a. Initial Determination. When a new class title is established', the Labor
Relations Manager shall review the composition of existing
representation units to determine the appropriateness of including
some or all of the employees in the new class in one or more existing
representation units, and within a reasonable period of ,time shall
notify all recognized employee organizations of his determination.
b. Final Determination. This determination is final unless within ten (10)
days after notification a recognized employee organization requests
in writing to meet and confer thereon.
C. Meet and Confer and Other Steps. The Labor Relations Manager
shall meet and confer with such requesting organizations (and with
other recognized employee organizations where appropriate) to seek
agreement on this matter within sixty (60) days after the ten-day
DSA RANK & FILE - 8 - 2005 - 2008 MOU
SECTION 3 - NO DISCRIMINATION
period in Subsection (b), unless otherwise mutually agreed.
Thereafter, the procedures in cases of agreement and disagreement,
arbitration referral and expenses, and criteria for determination shall
conform to those in Subsections (d) through (i) of Section 34-12.008
of Board of Supervisors Resolution 81/1165.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin,
sex, sexual orientation or Association activities against any employee or applicant
for employment by the County or by anyone employed by the County; and to the
extent prohibited by applicable State and Federal law there shall be no
discrimination because of age. There shall be no discrimination against any
disabled person solely because of such disability unless that disability prevents
the person from meeting the minimum standards established for a position or
from carrying out the duties of the position safely.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as official
representatives of the Association shall be allowed to attend meetings held by
County agencies during regular working hours on County time as follows:
a. If their attendance is required by the County at a specific meeting;
b. if their attendance is sought by a hearing body for presentation of
testimony or other reasons;
C. if their attendance is required for meeting(s) scheduled at reasonable
times agreeable to all parties required for settlement of grievances
filed pursuant to Section 24 - Grievance Procedure of this MOU;
d. if they are designated as a grievance representative in which case
they may utilize a reasonable time at each level of the proceedings
to assist an employee to present a grievance, provided the meetings
are scheduled at reasonable times agreeable to all parties;
e. if they are designated as spokesperson or representative of the
Association and as such make representations or presentations at
meetings or hearings on wages, salaries and working conditions;
provided in each case advance arrangements for time away from the
employee's work station or assignment are made with the
appropriate department head or his designee, and the County
DSA RANK & FILE - 9 - 2005-2008 MOU
SECTION 5 - SALARIES
t
agency calling the meeting is responsible for determining that the
attendance of the particular employee(s) is required.
4.2 Association Representatives. Official representatives of the DSA
shall be allowed time off on County time for meetings during regular working
hours when formally meeting and conferring in good faith or consulting with the
Labor Relations Manager or other management representatives on matters within
the scope of representation, provided that the number of such representatives
shall not exceed two (2) without prior approval of the Labor Relations Manager,
and that advance arrangements for the time away from the work station or
assignment are made with the appropriate department head or his designee.
4.3 DSA President. A position has been placed in the Administrative &
Community Services Bureau for the assignment of the current DSA president or
by mutual agreement, a designee. The emphasis in duties shall be placed on the
Department's support of the County's Human Rights Commission.
SECTION 5 - SALARIES
5.1 General Wage Increases
A. Sworn employees in the classifications designated as safety employees
shall receive the following increases in base pay:
October 1, 2006: 2% increase in base pay
October 1, 2007: 2% increase in base pay
March 1, 2008: 2% increase in base pay
B. (Sworn) Sixth Salary Step: January 1, 2008 the County shall add a sixth
step of 2.5% in base pay to the salary range for all sworn safety classifications.
The time between steps shall be as follows: 6 months between Step 1 and Step
2. The time between Step 2 and Step 3 shall be 12 months. The time between
Step 3 and Step 4 shall be 12 months. The time between Step 4 and Step 5 shall
be 12 months. The time between Step 5 and Step 6 shall be 18 months. The total
shall be 60 months (5 years) from Step 1 to Step 6.
C. Non-Sworn employees in the classifications designated as non-safety
employees shall receive the following increase in base pay:
Effective:
07/01/20007 2% salary increase
07/01/2008 2% salary increase*
* County agrees to pay such increase, regardless of the term of the MOU.
DSA RANK & FILE _ 10 - 2005 - 2008 MOU
SECTION 5 - SALARIES
D. Lump Sum (Non-Sworn). Non-Sworn employees employed on January 1,
2006 who are 1) in a permanent full-time, permanent part-time, permanent
intermittent position or temporary employment; 2) who are currently employed
upon adoption of this MOU by the Board of Supervisors; and, 3) who did not
receive a negotiated wage increase during Fiscal Year 2005-2006, will receive a
one time lump sum payment of $1,500 on a prorated basis. The proration will be
paid at the rate of on $.72 per hour for each straight time hour worked or in paid
status during the period July 1, 2005 to June 30, 2006. The minimum payment
amount will be $50.00 and the maximum payment amount will be $1500. The
"lump sum payment" will be subject to normal tax withholding and retirement
deduction requirements.
5.2 Entrance Salary. New employees shall generally be appointed at
the minimum step of the salary range established for the particular class of
position to which the appointment is made. However, the appointing authority
may fill a particular position at a step above the minimum of the range.
5.3 Anniversary Dates. Except as may otherwise be provided for in
deep class resolutions, anniversary dates will be set as follows:
a. New Employees. The anniversary date of a new employee is the first
day of the calendar month after the calendar month when the
employee successfully completes six (6) months service provided
however, if an employee began work on the first regularly scheduled
workday of the month the anniversary date is the first day of the
calendar month when the employee successfully completes six
months service.
b. Promotions. The anniversary date of a promoted employee is
determined as for a new employee in Subsection 5.3.a above.
C. Demotions. The anniversary of a demoted employee is the first day
of the calendar month after the calendar month when the demotion
was effective.
d. Transfers. Reallocations and Reclassifications. The anniversary date
of an employee who is transferred to another position or one whose
position has been reallocated or reclassified to a class allocated to
the same salary range or to a salary range which is within five (5)
percent of the top step of the previous classification, remains
unchanged.
e. 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
DSA RANK & FILE - 11 - 2005-2008 MOU
a,
SECTION 5 - SALARIES
way as the anniversary date is determined for a new employee who
is appointed the same date, classification and step and who then
S,
successfully completes the required probationary period.
f. Notwithstanding other provisions of this Section 5, the anniversary of
an employee who is appointed to a classified position from outside
the County's merit system at a rate above the minimum salary for the
employee's new class, or who is transferred from another
governmental entity to this County's merit system, is one (1) year
from the first day of the calendar month after the calendar month
when the employee was appointed or transferred; provided however,
when the appointment or transfer is effective on the employee's first
regularly scheduled work day of that month, his/her anniversary is
one (1) year after the first calendar day of that month.
5.4 Increments Within Range. The performance of each employee,
except those of employees already at the maximum salary step of the appropriate
salary range, shall be reviewed on the anniversary date as set forth in Section 5.3
to determine whether the salary of the employee shall be advanced to the next
higher step in the salary range. Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on satisfactory performance
by the employee. The appointing authority may recommend denial of the
increment or denial subject to one additional review at some specified date before
.> the next anniversary which must be set at the time the original report is returned.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1) step within-range
increment be granted at one time, except as otherwise provided in deep-class
resolutions. In case an appointing authority recommends denial of the within
range increment on some particular anniversary date, but recommends a special
salary review at some date before the next anniversary the special salary review
shall not affect the regular salary review on the next anniversary date. Nothing h
herein shall be construed to make the granting of increments mandatory on the
County. If the department verifies in writing that an administrative or clerical error
was made in failing to submit the documents needed to advance an employee to
the next salary step on the first of the month when eligible, said advancement
shall be made retroactive to the first of the month when eligible.
5.5 Part-Time Compensation. A part-time employee shall be paid a
monthly salary in the same ratio to the full-time monthly rate to which the
employee would be entitled as a full-time employee under the provisions of this
Section 5 as the number of hours per week in the employee's part-time work
schedule bears to the number of hours in the full-time work schedule of the
department.
i '
DSA RANK & FILE - 12 - 2005 - 2008 MOU
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SECTION 5 - SALARIES
5.6 Compensation for Portion of Month. Any employee who works
less than any full calendar month, except when on earned vacation or authorized
sick leave, shall receive as compensation for services an amount which is in the
same ratio to the established monthly rate as the number of days worked is to the
actual working days in such employee's normal work schedule for the particular
month; but if the employment is intermittent, compensation shall be on an hourly
basis.
5.7 Position Reclassification. An employee who is an incumbent of a
position which is reclassified to a class which is allocated to the same range of
the basic salary schedule as is the class of the position before it was reclassified,
shall be paid at the same step of the range as the employee received under the
previous classification.
An incumbent of a position which is reclassified to a class which is allocated to a
lower range of the basic salary schedule shall continue to receive the same
salary as before the reclassification, but if such salary is greater than the
maximum of the range of the class to which the position has been reclassified,
the salary of the incumbent shall be reduced to the maximum salary for the new
classification. The salary of an incumbent of a position which is reclassified to a
class which is allocated to a range of the basic salary schedule greater than the
range of the class of the position before it was reclassified shall be governed by
the provisions of Section 5.9 - Salary on Promotion.
5.8 Salary Reallocation & Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class
which is allocated to a salary range above or below that to which it
was previously allocated, when the number of steps remain the
same, shall be compensated at the same step in the new salary
range the employee was receiving in the range to which the class
was previously allocated. If the reallocation is from one salary range
with more steps to a range with fewer steps or vice versa, the
employee shall be compensated at the step on the new range which
is in the same percentage ratio to the top step of the new range as
was the salary received before reallocation to the top step of the old
range, but in no case shall any employee be compensated at less
than the first step of the range to which the class is allocated.
B. In the event that a classification is reallocated from a salary range
with more steps to a salary range with fewer steps on the salary
schedule, apart from the general salary increase or decrease
described in 5.8.A above, each incumbent of a position in the
reallocated class shall be placed upon the step of the new range
which equals the rate of pay received before the reallocation. In the
event that the steps in the new range do not contain the same rates
DSA RANK & FILE - 13 - 2005-2008 MOU
SECTION 5 - SALARIES
as the old range, each incumbent shall be placed at the step of the
new range which is next above the salary rate received in the old
range, or if the new range does not contain a higher step, at the step
which is next lower than the salary received in the old range.
C. In the event an employee is in a position which is reallocated to a
different class which is allocated to a salary range the same as,
above or below the salary range of the employee's previous class,
the incumbent shall be placed at the step in the new class which
equals the rate of pay received before reallocation. In the event that
the steps in the range for the new class do not contain the same
rates as the range for the old class, the incumbent shall be placed at
the step of the new range which is next above the � salary rate
received in the old range; or if the new range does not contain a
higher step, the incumbent shall be placed at the step which is next
lower than the salary received in the old range.
D. In the event of reallocation to a deep class, the provisions of the
deep class resolution and incumbent salary allocations, if any, shall
supersede Section 5.8.
S
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 shall receive the salary in the new salary
range which is next higher than the rate received before promotion. In the event
this increase is less than five percent (5%), the employee's salary shall be
adjusted to the step in the new range which is at least five percent (5%) greater
than the next higher step; provided however that the next step shall not exceed
the maximum salary for the higher class.
In the event of the promotion of a laid off employee from the layoff list to the class
from which the employee was laid off, the employee shall be appointed at the
step which the employee had formerly attained in the higher class unless such
step results in an increase of less than five percent (5%), in which case the salary
shall be adjusted to the step in the new range which is five percent (5%) greater
than the next higher step, if the new range permits such adjustment.
5.10 Salary on Involuntary Demotion. Any employee who is demoted,
except as provided under Section 5.12, shall have his/her salary reduced to the
monthly salary step in the range for the class of position to which he has been
demoted next lower than the salary received before demotion. In the event this
decrease is less than five percent (5%), the employee's salary shall be adjusted
to the step in the new range which is five percent (5%) less than the next lower
step; provided, however, that the next step shall not be less than the minimum
salary for the lower class.
DSA RANK & FILE - 14 - 2005 - 2008 MOU
SECTION 5 - SALARIES
Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of the
demoted employee shall be that step on the salary range which he/she would
have achieved had he/she been continuously in the position to which he/she has
been demoted, all within-range increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any employee
voluntarily demotes to a position in a class having a salary schedule lower than
that of the class from which he or she demotes, his or her salary shall remain the
same if the steps in his or her new (demoted) salary range permit, and if not, the
new salary shall be set at the step next below former salary.
5.12 Transfer. An employee who is transferred from one position to
another as described under "Transfer" shall be placed at the step in the salary
range of the new class which equals the rate of pay received before the transfer.
In the event that the steps in the range for the new class do not contain the same
rates as the range for the old class, the employee shall be placed at the step of
the new range which is next above the salary rate received in the old range; or if
the new range does not contain a higher step, the employee shall be placed at
the step which is next lower than the salary received in the old range. If the
transfer is to a deep class, the provisions of the deep class resolution on salary of
transfers, if any, shall apply in lieu of the above provisions.
5.13 Pay for Work in Higher Classification. When an employee in a
permanent position in the merit system is required to work in a classification for
which the compensation is greater than that to which the employee is regularly
assigned, the employee shall receive compensation for such work at the rate of
pay established for the higher classification pursuant to Section 5.9 - Salary on
Promotion of this MOU, commencing on the eleventh (11th) work day of the
assignment, under the following conditions:
a. The employee is assigned to a program, service, or activity
established by the Board of Supervisors which is reflected in an
authorized position which has been classified and assigned to the
Salary Schedule.
b. The nature of the departmental assignment is such that the
employee in the lower classification becomes fully responsible for the
duties of the position of the higher classification.
C. Employee selected for the assignment will normally be expected to
meet the minimum qualifications for the higher classification.
d. Pay for work in a higher classification shall not be utilized as a
substitute for regular promotional procedures provided in this MOU.
DSA RANK & FILE _ 15 - 2005-2008 MOU
SECTION 5 - SALARIES
f:
e. The appropriate authorization form has been submitted by the
Department Head and approved by the County Administrator.
f. Higher pay assignments shall not exceed six (6) months except
through reauthorization.
g. If approval is granted for pay for work in a higher classification and
the assignment is terminated and later reapproved for the same
employee within thirty (30) days no additional waiting period will be
required.
}
j h. Any incentives (e.g., the education incentive) and special differentials
(e.g., bilingual differential and canine differential) accruing to the
employee in his/her permanent position shall continue unless the
employee is no longer performing the duties which warrant the
differentials.
i. During the period of work for higher pay in a higher classification, an
employee will retain his/her permanent classification, and
anniversary and salary review dates will be determined by time in
that classification.
j. Allowable overtime pay, shift differentials and/or work location
differentials will be paid on the basis of the rate of pay for the higher
class.
5.14 Payment. On the tenth (10th) day of each month, the Auditor ,will
draw a warrant upon the Treasurer in favor of each employee for the amount of
salary due the employee for the preceding month; provided, however, that each
employee (except those paid on an hourly rate) may choose to receive an
advance on the employee's monthly salary, in which case the Auditor shall, on
the twenty-fifth (25th) day of each month, draw his/her warrant upon the
Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less (at the option
of the employee) of the employee's basic salary of the previous month except that
it shall not exceed the amount of the previous month's basic salary less all
requested or required deductions.
The election to receive an advance shall be made on or before April 30 or
October 31 of each year or during the first month of employment by filing on
forms prepared by the Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
DSA RANK & FILE - 16 - 2005 - 2008 MOU
SECTION 5 - SALARIES
In the case of an election made pursuant to this Section 5.14 all required or
requested deductions from salary shall be taken from the second installment,
which is payable on the tenth (10th) day of the following month.
Direct Deposit Provisions. No later than July 1, 2002, all employees shall
voluntarily authorize and make arrangements for the direct deposit of their
paychecks via electronic fund transfer into the financial institution of their choice
using forms approved by the. Auditor-Controller and subject to Labor Code
section 213. Employees will have their payroll advice statements mailed to their
address on file with the County.
As a condition of continued employment, all employees hired into classifications
represented by the DSA on or after July 1, 2002, shall voluntarily authorize and
make arrangements for the direct deposit of their paychecks via electronic fund
transfer into the financial institution of their choice using forms approved by the
Auditor-Controller, subject to Labor Code section 213.
Pursuant to Labor Code section 213, an individual employee having provided
consent for direct deposit as outlined above, may choose to opt out of direct
deposit at a later date. Individual employees that opt-out of direct deposit will
have their pay warrant mailed to their address on file with the County under
regular County payroll procedures.
Direct Mailing of Pay Warrant and Pay Warrant Advice. The County shall
distribute pay warrants and/or pay warrant advices via United States mail. Pay
warrant and pay warrant advices shall be mailed directly to each employee's
address on file with the County subject to the following:
1. If an employee has not received his/her pay warrant or pay warrant
advice five (5) calendar days following the mailing of said warrant or
advice, and upon request of the employee, the County shall issue a
replacement pay warrant or pay warrant advice within twenty-four
(24) hours of receiving the employee's request for a replacement.
2. Payroll errors shall be corrected as follows:
A. Errors of one hundred dollars ($100) gross or more will be
corrected within five (5) working days.
B. Errors amounting to less than one hundred dollars ($100)
gross, shall be adjusted the next pay period.
C. The hardship requirement will no longer apply to payroll
corrections.
DSA RANK & FILE - 17 - 2005-2008 MOU
SECTION 6 - DAYS AND HOURS OF WORK
D. Request for payroll corrections shall be forwarded by the
Department, not by the employee, to the Auditor's Payroll
Division.
E. Payroll adjustments would be by a paper check as opposed to
an electronic transfer.
p F. Items A through E above notwithstanding, the provisions of
Section 31 — Pay Warrant Errors of the current DSA MOU
remain in force and effect.
3. There shall be no fee to employees for the processing of pay
warrants and/or pay warrant advices, or for the correction of payroll
errors.
SECTION 6 - DAYS AND HOURS OF WORK
6.1 Normal Work Week. The normal work week of County employees is
forty (40) hours between 12:01 a.m. Monday to 12:00 midnight Sunday, usually
five (5) eight-hour days; however, where operational requirements of a
department require deviations from the usual pattern of five (5) eight-hour days
per work week, an employee's work hours may be scheduled to meet these
requirements, but his/her working time shall not exceed an average of forty (40)
hours per seven (7) day period throughout an operational cycle, and the
department head shall prepare written schedules in advance to support all
deviations, the schedules to encompass the complete operational cycle
contemplated.
The work week for employees in the 4-10 shift is four (4) ten (10) hour working
days during a work week consisting of any seven (7) day period.
If the County wants to eliminate any existing 4-10 shift and substitute a 5-8 shift
or to institute a 4-10 shift which does not allow for three (3) consecutive days off
(excluding overtime days or a change of shift assignment), it will meet and confer
with the Association prior to implementing said new shift.
The work schedule for certain employees at the Rehabilitation Center in Clayton
consist of three (3) twelve (12) hour shifts the first week and three (3) twelve (12)
hour shifts and one (1) eight (8) hour shift the second week.
The work schedule for employees in the Coroner's Bureau filling "living-in
positions" shall consist of three (3) twenty-four (24) hour shifts during a nine (9)
day calendar period, the work shift order of which generally is as follows: on duty;
off duty; on duty; off duty; on duty; followed by four (4) consecutive days off.
DSA RANK & FILE - 18 - 2005 - 2008 MOU
SECTION 7 - OVERTIME AND COMPENSATORY TIME
6.2 Time Changes: Pacific Standard Time/Daylight Savings Time.
When the clocks are set forward one (1) hour for the change to Daylight Savings
Time, employees working at the time of the time-change will work the same
number of hours as is normally required on that shift. This may result in a one (1)
hour overlap between the Morning Shift and Day Shift.
When the clocks are set backward one (1) hour for the change to Pacific
Standard Time, employees working at the time of the time-change will work the
additional hour when necessary. Where appropriate, overtime will be paid for said
hour.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work performed in excess of
forty (40) hours per week or eight (8) hours per day. Overtime for 4-10 shift
employees is any work performed beyond ten (10) hours per day or forty (40)
hours per week. All over time shall be compensated for at the rate of one and
one-half (1-1/2) times the employee's base rate of pay. Any special differentials
which are applicable during overtime hours worked shall be computed on the
employee's base rate of pay (not on the overtime rate of pay). Overtime for 12
hour shift employees is any work performed beyond their scheduled hours in a
work day or work week.
Overtime for permanent employees is earned and credited in a minimum of one-
tenth hour (6 minute) increments and is compensated by either pay or
compensatory time off.
7.2 Compensatory Time. Effective July 1, 1996 compensatory time off
is eliminated as an option for overtime. The following applies .to compensatory
time accrued as of June 30, 1996:
a. Accrued compensatory time off shall be carried over for use in
subsequent fiscal years.
b. When an employee promotes, demotes or transfers from one
classification eligible for compensatory time off to another
classification eligible for compensatory time off within the same
department, the employee's accrued compensatory time off balance
will be carried forward with the employee.
C. Compensatory time accrual balances will be paid off when an
employee moves from one department to another through promotion,
demotion or transfer. Said payoff will be made in accordance with the
provisions and salary of the class from which the employee is
promoting, demoting or transferring as set forth in d. below.
DSA RANK & FILE _ 19 - 2005-2008 MOU
SECTION 7 - OVERTIME AND COMPENSATORY TIME
d. Since employees accrue compensatory time off at the rate of one
and one-half (1-1/2) hours for each hour of authorized overtime
worked, accrued compensatory time balances will be paid off at the
'F straight time rate of two-thirds the overtime rate for the employee's
current salary whenever:
k
1. the employee separates from County service;
2. the employee retires.
7.3 Court Appearance Overtime.
A. Employees shall be compensated for off-duty court appearances on
work days as follows:
1. An employee shall be compensated with a three (3) hour
overtime minimum or actual time in court, whichever is greater,
for any court appearance that starts more than one-half hour
before an employee's shift or more than one-half hour after the
conclusion of an employee's shift.
2. For court appearances which begin during an employee's shift
or within a half-hour of the start or conclusion of an employee's
shift, the employee shall be compensated for actual time
worked.
3. An employee shall be entitled to only one (1) three (3) hour
minimum each day.
B. Compensation for court appearances on scheduled days off shall be
as follows:
1. An employee shall be compensated with a four (4) hours
minimum or actual time in court, whichever is greater.
2. An employee shall be entitled to not more than two (2) four (4)
hour minimums per day.
3. An employee shall be entitled to only one (1) four (4) hour
minimum per court session, e.g., one in the morning, one in
the afternoon, or one in the evening (after 6:00 p.m.). r:
7.4 Deputy Sheriff-Coroner Overtime. If a Deputy Sheriff assigned to
the Coroner's Division works anywhere in the Office of the Sheriff, including the
DSA RANK & FILE - 20 - 2005 - 2008 MOU
i .
SECTION 8 - CALL BACK TIME
Coroner's Division, said Deputy Sheriff shall be paid overtime, calculated on the
standard hourly rate applicable to all other deputies.
SECTION 8 - CALL BACK TIME
Any employee who is called back to duty shall be paid at the appropriate rate for
the actual time worked plus one (1) hour. Such employee called back shall be
paid a minimum of two (2) hours at the appropriate rate for each call back.
SECTION 9 - ON-CALL DUTY
On-call duty is any time other than time when the employee is actually on duty
during which an employee is not required to be on County premises but stand
ready to immediately report for duty and must arrange so that his/her superior
can reach him/her on ten (10) minutes notice or less. Employees who are
assigned in writing to on-call status and are carrying pagers will be compensated
at the rate of $272.50 per week or 8 hours compensatory time off for each full
week (7 days) of on-call assignment, the method of compensation will be
determined by mutual agreement between the department and the individual
employee.
SECTION 10 - WORK SCHEDULING
10.1 Shift Assignment Scheduling. The following definitions shall be
used for shift assignment scheduling only:
a. Assignment. The appointment or direction to work a particular shift,
as defined herein.
b. Bidding System. The manner in which assignments to shifts are
determined pursuant to provisions of this MOU.
C. Shifts. A regularly assigned tour of duty with an established starting
and ending time for each work day.
d. Seniority. An employee's seniority within a class shall be determined
by the length of continuous employment in that class.
10.2 Patrol, Detention, Technical Services, and Court Security
Division Scheduling. The policy and procedures for establishing a work
schedule for Deputies and Sergeants assigned to the Detention Division and
Patrol Division (including Contract Cities), and Dispatchers and Supervising
Dispatchers assigned to the Technical Services Division, and Sheriffs Aides
assigned to the Detention Division, will be as follows:
DSA RANK & FILE - 21 - 2005-2008 MOU
SECTION 10 - WORK SCHEDULING
-s
a. Length of Shifts. The bidding for shifts shall take place on a tri-
annual basis. The shift periods will be:
January—April May—August September-December
b. Selection of Shifts. Personnel shall bid for their shifts and days off
based on their seniority. In the Patrol Division, personnel shall also
bid for a particular sub-station based on their seniority.
C. Transfers.
1. Personnel transferred into Patrol or Detention Division
following the establishment of the sign-up will be assigned to a
vacant slot.
2. A reassignment of patrol personnel from one substation to
another does not constitute a transfer.
3. All sergeants and deputies receiving notification of an
interdivisional transfer will be allowed to sign up for the next
full schedule in their division. If the notification of transfer is
made after a sign-up has started but not completed or
implemented, the transferee will be assigned to a vacant slot.
d. Exceptions. The Sheriff reserves the right to make exceptions and
assign shifts as necessary in the following circumstances:
1. Emergency situations that may arise.
2. To correct an obvious imbalance in the experience level of
personnel assigned to any given shift.
3. To assign personnel to certain shifts. These are personnel
assigned to certain specialized duties including, but not
necessarily limited to those assigned as:
a) Canine handlers
b) Marine patrol personnel
c) Relief Shift personnel
d) Special Weapons & Tactics team members
e) Supply and Services Deputy
DSA RANK & FILE - 22 - 2005 - 2008 MOU
SECTION 10 - WORK SCHEDULING
f) Bus Drivers
g) Dispatch Training supervisor
h) Data Base Maintenance Dispatcher
The present practice of choosing persons for specialized
positions shall continue in part as memorialized by the
memorandum labeled "Specialized Assignments", executed by
the Sheriff on June 17, 1985 shown herein as Exhibit A.
4. To provide for retraining of any personnel whose job
performance is substandard or unsatisfactory.
5. To compensate for vacancies, absences due to injury, illness,
leave of absence or emergency leave.
6. In any circumstances where the duties and responsibilities of
the office cannot be carried out without adjusting work
schedules.
e. Detention Division Transfer Policy.
1. Initial Assignment and Detention Division Transfer Policy -
Newly hired Deputy Sheriffs are assigned to the Detention
Division for a minimum of eighteen (18) months. A newly hired
"lateral" Deputy Sheriff who has a minimum of one (1) year
permanent, full time county or municipal public safety patrol
experience within the preceding three (3) year period, may at
the Sheriffs sole discretion, be initially assigned to the Patrol
Division for a minimum eighteen (18) month assignment or the
Court Security Division for an initial period of thirty-six (36)
months.
2. To balance staffing needs, Deputy Sheriffs may be transferred
to the Detention Division in order of reverse "Detention
Seniority"; persons with the least amount of Detention Division
seniority being at the top of the transfer list.
3. A Deputy Sheriff who has completed his/her initial assignment
in Detention and is subsequently transferred to Detention will
be assigned a maximum of eighteen (18) months, unless the
Deputy requests an extension and that extension is approved
by the Detention Division Commander.
DSA RANK & FILE , - 23 - 2005-2008 MOU
SECTION 10 - WORK SCHEDULING
4. A Deputy Sheriff with 20 years seniority as a Deputy Sheriff
with Contra Costa County is exempt from mandatory transfer
to the Patrol Division or the Detention Division, except as
provided in 5. below.
5. A Deputy assigned to a contract city is exempt from mandatory
transfer to the Detention Division during the first four (4) years
E of assignment to the city. If, during the first four (4) years of
city assignment the deputy would have been scheduled to
transfer to the Detention Division, that transfer is deferred until
completion of the four (4) year assignment. A deputy who
reaches his/her 20th year of department seniority during this
"deferred transfer' status does not become exempt from
rotation to Detention, and will be required to serve up to an 18-
month assignment in Detention.
f. Court Security Division Transfer Policy. A Deputy assigned to the
Court Security Division is exempt from mandatory transfer to the
Detention Division during the first three (3) years of assignment to
the Court. If, during the first three (3) years of Court assignment the
deputy would have been scheduled to transfer to the Detention
Division, that transfer is deferred until completion of the three (3)
year assignment. A Deputy who reaches his/her twentieth (20th) year
of department seniority during this "deferred transfer" status does not
become exempt from rotation to Detention and will be required to
serve up to an eighteen (18) month assignment in Detention.
10.3 Transportation Bureau. With regard to assignments to the
Transportation Bureau, the Department may require an eighteen (18) month
minimum assignment. The Department will use the Selection Committee
procedures, on a Department-wide basis, for filling the positions. The current
practices involving the requirement that new personnel acquire and "maintain a
Class B license, and County provision of time and costs for such acquisition and
maintenance (e.g., release time and medical tests) shall continue.
10.4 Investiaation Division Home Garaging. All sworn employees in
this bargaining unit assigned to field responsibilities in the Investigation Division
will be allowed to home garage their assigned automobiles. It is understood that
the Department will establish reasonable written policy and procedures consistent
with County policy and operational needs.
10.5 Investigations Division Scheduling. All sworn personnel assigned
to Investigations shall work a standard, five-day forty (40) hour work week.
10.6 Classification Scheduling. All sworn personnel assigned to
Classification shall work a five-day forty (40) hour work week.
DSA RANK & FILE - 24 - 2005 - 2008 MOU
SECTION 19 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
10.7 Internal Affairs Scheduling. Sworn personnel assigned to Internal
Affairs shall work a standard five-day forty (40) hour work week.
10.8 Marine Patrol Scheduling. Sworn personnel assigned to Marine
Patrol shall work the following schedule:
November 1 through March 30: Standard five-day work week.
April 1 through October 31: Four-day ten hour schedule.
10.9 Selection of Shifts. Personnel may bid within their assigned team
for starting times by seniority.
10.10 Length of Shift.
Shifts shall be bid upon, within each team, quarterly.
10.11 Transfers. Except in unusual conditions, transfers will take effect on
the first Monday of a calendar quarter to coincide with shift changes in the Patrol
Division. Newly assigned personnel shall fill an open position and will be subject
to that position's starting time until the next quarterly shift sign-up.
10.12 Court Security/Detention Time. Deputy Sheriffs assigned to the
Court Services Division will no longer receive Detention credit.
10.13 Flexible Work Schedule Policy. The parties agree to reopen the
work schedule provisions of the Memorandum of Understanding for the purpose
of ensuring consistent practices among the departments, and compliance with
appropriate regulatory requirements. It is not the intent of the parties that such
negotiations take away from or add to the current work schedules provisions,
except to ensure that such provisions are consistently applied in the memoranda
of understanding. Any changes, except those necessitated by legal requirements,
shall be subject to agreement by both parties.
SECTION 11 - SENIORITY, WORKFORCE REDUCTION. LAYOFF &
REASSIGNMENT
11.1 Workforce Reduction. In the event that funding reductions or
shortfalls in funding occur in a department or are expected, which may result in
layoffs, the department will notify the Association and take the following actions:
a. Identify the classification(s) in which position reductions may be
required due to funding reductions or shortfalls.
DSA RANK & FILE - 25 - 2005-2008 MOU
f;
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
b. Advise employees in those classifications that position reductions
may occur in their classifications.
C. Accept voluntary leaves of absence from employees in those
ri
classifications which do not appear to be potentially impacted by
possible position reductions when such leaves can be
accommodated by the department.
d. Approve requests for reduction in hours, lateral transfers, and
voluntary demotions to vacant, funded positions in classes not
scheduled for layoffs within the department, as well as to other
departments not experiencing funding reductions or shortfalls when it
is a viable operational alternative for the department(s).
e. Review various alternatives which will help mitigate the impact of the
layoff by working through the Tactical Employment Team program
(TET) to:
1. Maintain an employee skills inventory bank to be used as a
basis for referrals to other employment opportunities.
2. Determine if there are other positions to which employees may
t
be transferred.
3. Refer interested persons to vacancies which occur in other job
classes for which they qualify and can use their layoff
eligibility.
4. Establish workshops to aid laid off employees in areas such as
resume preparation, alternate career counseling, job search
strategy, and interviewing skills.
f. When it appears to the Department Head and/or Labor Relations
Manager that the Board of Supervisors may take action' which will
result in the layoff of employees in a representation unit, the Labor
Relations Manager shall notify the Association of the possibility of
such layoffs and shall meet and confer with the Association
regarding the implementation of the action.
f
11.2 Separation Through Layoff.
A. Grounds for Layoff. Any employee(s) having permanent status in
position(s) in the merit service may be laid off when the position is no
longer necessary, or for reasons of economy, lack of work, lack of
DSA RANK & FILE - 26 - 2005 - 2008 MOU
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
funds or for such other reason(s) as the Board of Supervisors deems
sufficient for abolishing the position(s).
B. Order of Layoff. The order of layoff in a department shall be based
on inverse seniority in the class of positions, the employee in that
department with least seniority being laid off first and so on.
C. Layoff By Displacement.
1. In the Same Class. A laid off permanent full time employee
may displace an employee in the department having less
seniority in the same class who occupies a permanent-
intermittent or permanent part-time position, the least senior
employee being displaced first.
2. In the Same Level or Lower Class. A laid off or displaced
employee who had achieved permanent status in a class at
the same or lower salary level as determined by the salary
schedule in effect at the time of layoff may displace within the
department and in the class of an employee having less
seniority; the least senior employee being displaced first, and
so on with senior displaced employees displacing junior
employees.
D. Particular Rules on Displacing.
1 . Permanent-intermittent and permanent part-time employees
may displace only employees holding permanent positions of
the same type respectively.
2. A permanent full time employee may displace any intermittent
or part-time employee with less seniority 1) in the same class,
or 2) in a class of the same or lower salary level if no full time
employee in a class at the same or lower salary level has less
seniority than the displacing employees.
3. Former permanent full time employees who have voluntarily
become permanent part-time employees for the purpose of
reducing the impact of a proposed layoff with the written
approval of the Director of Human Resources or designee
retain their permanent full time employee seniority rights for
layoff purposes only and may in a later layoff displace a full
time employee with less seniority as provided in these rules.
E. Seniority. An employee's seniority within a class for layoff and
displacement purposes shall be determined by adding the
DSA RANK & FILE - 27 - 2005-2008 MOU
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
employee's length of service in the particular class in question to the
employee's length of service in other classes at the same or higher
salary levels as determined by the salary schedule in effect at the
time of layoff. Employees reallocated or transferred without
examination from one class to another class having a salary within
five .percent (5%) of the former class shall carry the seniority accrued
in the former class into the new class.
Employees reallocated to a new deep class upon its , initiation or
otherwise reallocated to a deep class because the duties of the
position occupied are appropriately described in the deep class shall
carry into the deep class the seniority accrued or carried forward in
the former class and seniority accrued in other classes which have
been included in the deep class.
Service for layoff and displacement purposes includes only the
employee's last continuous permanent County employment. Periods
of separation may not be bridged to extend such service unless the
separation is a result of layoff in which case bridging will be
authorized if the employee is reemployed in a permanent position
within the period of layoff eligibility.
Approved leaves of absence as provided for in these rules and
regulations shall not constitute a period of separation. In the event of
ties in seniority rights in the particular class in question, such ties
shall be broken by length of last continuous permanent County
employment. If there remain ties in seniority rights, such ties shall be
broken by counting total time in the department in permanent
employment. Any remaining ties shall be broken by random selection
among the employees involved.
F. Eligibility for Layoff List. Whenever any person who has permanent
status is laid off, has been displaced, has been demoted by
displacement or has voluntarily demoted in lieu of layoff or
displacement, or has transferred in lieu of layoff or displacement, the
person's name shall be placed on the layoff list for the class of
positions from which that person has been removed.
G. Order of Names on Layoff. First, layoff lists shall contain the names
of persons laid off, displaced, or demoted as a result of a layoff or
displacement, or who have voluntarily demoted in lieu of layoff or
displacement or who have transferred in lieu of layoff or
displacement. Names shall be listed in order of layoff seniority in the
class from which laid off, displaced, demoted or transferred on the
date of layoff, the most senior person listed first. In case of ties in
seniority, the seniority rules shall apply except that where there is a
DSA RANK & FILE - 28 - 2005 - 2008 MOU
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
class seniority tie between persons laid off from different
departments, the tie(s) shall be broken by length of last continuous
permanent County employment with remaining ties broken by
random selection among the employees involved.
H. Duration of Layoff and Reemployment Rights. The name of any
person granted reemployment privileges shall continue on the
appropriate list for a period of two (2) years. Persons placed on layoff
lists shall continue on the appropriate list for a period of four (4)
years.
I. Certification of Persons From Layoff Lists. Layoff lists contain the
name(s) of person(s) laid off, displaced or demoted by displacement
or voluntarily demoted in lieu of layoff or displacement or transferred
in lieu of layoff or displacement. When a request for personnel is
received from the appointing authority of a department from which an
eligible(s) was laid off, the appointing authority shall receive and
appoint the eligible highest on the layoff list from the department.
When a request for personnel is received from a department from
which an eligible(s) was not laid off, the appointing authority shall
receive and appoint the eligible highest on the layoff list who shall be
subject to a probationary period. A person employed from a layoff list
shall be appointed at the same step of the salary range the
employee held on the day of layoff.
J. Removal of Names from Reemployment & Layoff Lists. The Director
of Human Resources may remove the name of any eligible from a
reemployment or layoff list for any reason listed below:
1. For any cause stipulated in Section 404.1 of the Personnel
Management Regulations.
2. On evidence that the eligible cannot be located by postal
authorities.
3. On receipt of a statement from the appointing authority or
eligible that the eligible declines certification or indicates no
further desire for appointment in the class.
4. If three (3) offers of permanent appointment to the class for
which the eligible list was established have been declined by
the eligible.
5. If the eligible fails to respond to the Director of Human
Resources or the appointing authority within ten (10) days to
DSA RANK & FILE - 29 - 2005-2008 MOU
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
written notice of certification mailed to the person's last known
address.
6. If the person on the reemployment or layoff list is appointed to
another position in the same or lower classification, the name
of the person shall be removed.
7. However, if the first permanent appointment of a person on a
layoff list is to a lower class which has a top step salary lower
than the top step of the class from which the person was laid
off, the name of the person shall not be removed from the
layoff list. Any subsequent appointment of such person from
the layoff list shall result in removal of that person'sname.
K. Removal of Names from Reemployment and Layoff Certifications.
The Director of Human Resources may remove the name of any
eligible from a reemployment or layoff certification if the eligible fails
to respond within five (5) days to a written notice of .certification
mailed to the person's last known address.
11.3 Notice. The County agrees to give employees scheduled for layoff at
least ten (10) work days notice prior to their last day of employment.
11.4 Special Employment Lists. The County will establish a TET
Employment Pool which will include the names of all laid off County employees.
Special employment lists for job classes may be established from the pool.
Persons placed on a special employment list must meet the minimum
qualifications for the class. An appointment from such a list will not affect the
individual's status on a layoff list(s).
11.5 Reassignment of Laid Off Employees. Employees who displaced
within the same classification from full time to part-time or intermittent status in a
layoff, or who voluntarily reduced their work hours to reduce the impact of layoff,
or who accepted a position of another status than that from which they were laid
off upon referral from the layoff list, may request reassignment back to their pre-
layoff status (full time or part-time or increased hours). The request must be in
writing in accord with each department's reassignment bid or selection process.
G
Employees will be advised of the reassignment procedure to be followed to obtain
reassignment back to their former status at the time of the workforce reduction.
The most senior laid off employee in this status who requests such a
reassignment will be selected for the vacancy; except when a more senior laid off
individual remains on the layoff list and has not been appointed back to the class
from which laid off, a referral from the layoff list will be made to fill the vacancy.
DSA RANK & FILE - 30 - 2005 - 2008 MOU
SECTION 12 - HOLIDAYS
SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe the following holidays:
January 1 st, known as New Year's Day
Third Monday in January, known as Dr. M. L. King, Jr. Day
February 12th, known as Lincoln's Birthday
Third Monday in February, known as President's Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
September 9th, known as Admission Day
Second Monday in October, known as Columbus Day
November 11th, known as Veterans 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.
12.2 Application of Holiday Credit. The .following provisions indicate
how holiday credit is to be applied:
a. Employees on the five-day forty (40) hour Monday through Friday
work schedule shall be entitled to a holiday whenever a holiday is
observed pursuant to the schedule cited above.
b. Employees on a work schedule other than Monday through Friday
shall be entitled to a credit for any holiday, whether worked or not,
observed by employees on the regular schedule; conversely, such
employees will not receive credit for any holiday not observed by
employees on the regular schedule even though they work the
holiday.
C. Permanent full time employees will be paid one and one-half (1-1/2)
times their basic salary rate for holidays actually worked.
The purpose of this plan is to equalize holidays between employees
on a regular work schedule and those on other work schedules.
If a holiday falls on the days off of an employee on a schedule other
than Monday through Friday, the employee shall be given credit for
overtime or granted time off on the employee's next scheduled work
day. Employees who are not permitted to take holidays because of
DSA RANK & FILE - 31 - 2005-2008 MOU
a
SECTION 12 - HOLIDAYS
f
the nature of their work are entitled to overtime pay as specified by
this MOU.
rak
If any holiday listed in Section 12.1. above falls on a Saturday, it
shall be celebrated on the preceding Friday. If any holiday listed in
Section 12.1. falls on a Sunday, it shall be celebrated on the
following Monday.
d. Personnel represented by the DSA who are in the following
assignments on Columbus Day, Admission Day or Lincoln's Birthday,
will not celebrate a holiday on those days, but will accrue personal
holiday credits:
Investigation Division (except Orinda contract officers)
Criminalistics Division
Administration Division
Coroner's Division (Sergeant only)
Detention Division (Bureau of Administrative Services only)
Technical Services Division (Civil Unit)
Employees will accrue eight (8) hours of personal holiday credit for
each of the three days (Columbus Day, Admission Day and Lincoln's
Birthday) on which they are in the above assignments. The credit will
be accrued on the last day of the month in which these days occur.
No employee may accrue more than forty (40) hours of personal
holiday credit beginning January 1, 1988; this accrual is in addition to
that provided in Section 12.5. On separation from County service, an
employee shall be paid for any unused personal holiday credits at
the employee's then current rate of pay.
e. All Court Security Division personnel shall celebrate a holiday on
Columbus Day and Admission Day. Lincoln's Birthday will be a
mandatory training day for which employees will receive eight (8)
hours of personal holiday credit.
12.3 Permanent Part-Time Employees. Permanent part-time employees
shall receive holiday credit in the same ratio to the holiday credit given full time
employees as the number of hours per week in the part-time employee's
schedule bears to the number of hours in the regular full-time schedule,
regardless of whether the holiday falls.on the part-time employee's regular work
day. Permanent part-time and permanent-intermittent employees who work on a
holiday shall receive overtime pay or compensatory time credit for all hours
worked, up to a maximum of eight (8).
DSA RANK & FILE - 32 - 2005 - 2008 MOU
SECTION 12 - HOLIDAYS
12.4 4-10 and 3-12 Shift Holidays.
A. Holiday Shift Pay. Each "4-10" shift employee who works a full shift
on a holiday shall receive time and one-half for the first eight (8)
hours worked in addition to two (2) hours regular pay for the holiday.
Each "3-12" shift employee who works a full shift on a holiday shall
receive time and one-half for the first eight (8) hours worked in
addition to four (4) hours regular pay for the holiday.
Holiday shift pay shall be subject to provisions of Section 7 -
Overtime .
B. Absence on Holiday. The maximum time charged to sick leave,
vacation or leave without pay on a holiday shall be two (2) hours for
"4-10" shift employees and four (4) hours for "3-12" shift employees.
11.5 Accrual of Holiday Compensation Time. Employees entitled to
overtime credit in positions which work around the clock shall be permitted to
elect between pay at the overtime rate or compensatory time off in recognition of
holidays worked. Such compensatory time off, and the accumulation thereof shall
be in addition to the total vacation accumulation permitted under the terms of this
MOU. The following procedures shall apply to this selection:
a. Any person who is eligible and who elects to accrue holiday time
must agree to do so for a full fiscal year (July 1 through June 30), or
the remainder thereof, unless otherwise specified by the Board.
b. Holiday time shall be accrued at the rate of one and one-half (1-1/2)
times the actual hours worked to a maximum of eight (8) hours
worked by the employee.
C. Holiday time may not be accumulated in excess of two hundred
eighty-eight (288) working hours. Holiday time may be accrued up to
288 hours, exclusive of regular vacation accruals. After 288 hours,
holiday time shall be paid at the overtime rates as specified in
Section 7.
d. Accrued holiday time may be taken off at times determined by
mutual agreement of the employee and the department head.
e. Accrued holiday time shall be paid off only upon a change in status
of the employee such as separation, transfer to another department
or reassignment to a permanent-intermittent position.
f. Employees may utilize up to five (5) days of accrued holiday time in
conjunction with their earned two (2) week vacation.
DSA RANK & FILE - 33 - 2005-2008 MOU
SECTION 12 - HOLIDAYS
The Sheriffs Department will continue its present policy of reviewing
requests made by employees for a cashout of holiday compensatory
time off credits under exigent circumstances and where appropriate
will recommend to the County Administrator that such request be
granted. If the County Administrator agrees with the Department's
recommendation, he will send the request to the Auditor-Controller's
Office for payment. It is understood that the decision of the Sheriff-
Coroner and/or the decision of the County Administrator are not
subject to the grievance procedure.
12.6 Holiday Reopener. The parties agree to reopen the holiday
schedule provisions of the Memorandum of Understanding for the purpose of
ensuring consistent practices among the departments on holiday scheduling, and
compliance with appropriate regulatory requirements. It is not the intent of the
parties that such negotiations take away from or add to the current holiday
schedule provisions, except to ensure that such provisions are consistently
applied in the memoranda of understanding. Any changes, except those
necessitated by legal requirements, shall be subject to agreement by both
parties.
12.7 One Time Award of 24 Hours Paid Time Off (Non-Sworn Work
Leave). Upon adoption of the MOU by the Board of Supervisors, eligible
employees who are in active, leave or paid leave status in a permanent full-time,
permanent part-time or permanent intermittent position, shall receive a one-time
award of twenty-four (24) hours of paid time off. Permanent part-time and
permanent intermittent employees shall receive the one-time award on a prorated
basis.
The following procedures shall apply to this section:
A. Employees shall be granted their choice of day off whenever possible.
B. If an employee is not granted their choice of day off, the supervisor shall
suggest an alternate date. If the employee and supervisor cannot agree on
an alternate date, the employee shall observe the day off on the
employee's birthday. An employee whose birthday falls on a scheduled day
off may observe the paid day off on the scheduled work day immediately
preceding or immediately following the employee's birthday.
C. 24/7 shift employees who are unable to schedule paid time off will be
cashed out for unused time upon expiration of the MOU.
D. This provision shall automatically terminate upon expiration of the MOU.
Any unused work leave will not carry forward and employees will not be
paid for unused paid time off except as noted in C above.
DSA RANK & FILE - 34 - 2005 - 2008 MOU
SECTION 13 - VACATION LEAVE
SECTION 13 - VACATION LEAVE
13.1 Vacation Allowance. Employees in permanent positions are entitled
to vacation with pay. Accrual is based upon straight time hours of working time
per calendar month of service and begins on the date of appointment to a
permanent position. Increased accruals begin on the first of the month following
the month in which the employee qualifies. Accrual for portions of a month shall
be in minimum amounts of one (1) hour calculated on the same basis as for
partial month compensation pursuant to Section 5.6 of this MOU. Vacation credits
may be taken in 1/10 hour (6 minute) increments but may not be taken during the
first six (6) months of employment (not necessarily synonymous with probationary
status) except where sick leave has been exhausted; and none shall be allowed
in excess of actual accrual at the time vacation is taken.
13.2 Vacation Accrual Rates. For employees hired prior to January 1 ,
1983 the rates at which vacation credits accrue and the maximum accumulation
thereof are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
For employees hired on or after January 1, 1983, the rates at which vacation
credits accrue, and the maximum accumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
DSA RANK & FILE - 35 - 2005-2008 MOU
SECTION 93 - VACATION LEAVE
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
Effective July 1, 1992 for employees regularly assigned and working in the
Martinez Detention Facility, West County Detention Facility, Marsh Creek
Detention Facility, and the Custody Alternative Facility, .the rates at which
vacation credits accrue, and the maximum accumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 1 year 6-2/3 160
1 year 7-1/3 176
2 years 8 192
3 years 8-2/3 208
4 years -1/3 224
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
If an employee with less than five (5) years service is regularly assigned and
working in the Detention Division and transferred to another division, that
employee shall continue to accrue vacation credits at the same rate he/she was
accruing when transferred until he/she attains his/her fifth year anniversary date
in which case the employee will accrue at the rates specified above. if the
employee returns to the Detention Division on a regularly assigned basis, he/she
will accrue vacation at the above-specified rates while so assigned.
13.3 Accrual During Leave Without Pay. No employee who has been
granted a leave without pay or unpaid military leave shall accrue any vacation
credit during the time of such leave, nor shall an employee who is absent without
pay accrue vacation credit during the absence.
13.4 Vacation Allowance for Separated Employees. On separation
from County service, an employee shall be paid for any unused vacation credits
at the employee's then current pay rate.
DSA RANK & FILE - 36 - 2005 - 2008 MOU
SECTION 93 - VACATION LEAVE
13.5 Pro-rated Accruals. Employees in permanent part-time and
permanent-intermittent positions shall accrue vacation benefits on a prorated
basis as provided in Resolution 81/1165, Section 32-2.006.
13.6 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 authorized so that appropriate Payroll system
override actions can be taken.
13.7 Recovery of Vacation Accrual Overpayments/Underpayments.
Effective October 1, 1997, any and all future underpayments of vacation accruals
will be corrected and restored retroactively for up to a three (3) year period from
the date of the discovery of the error. Upon authorization from the Labor
Relations Manager, the County Auditor-Controller's Payroll Division will make the
necessary adjustments to credit said employee with the correct amount of
vacation accruals due.
In the event restoration of vacation accruals results in an amount which is equal
to or above maximum cumulative accruals allowed, the amount restored will be
carried and tracked by the employee's department on an informal basis. It is the
employee's responsibility to use said hours before or in tandem with his/her
official vacation leave prior to an agreed-upon date, but no later than one (1) year
from the date of the agreement between the employee and the department. At
that time, any remaining restored hours carried on an informal basis will be lost.
Effective October 1, 1997, any an all future overpayments of vacation accruals
will be corrected and recouped by the County retroactively for up to a three (3)
year period from the date of the discovery of the error. The employee will repay
the County the amount of vacation accruals due by allowing the County to deduct
the amount of overpaid vacation accruals from the employee's current vacation
accruals. If the employee's vacation accruals are not sufficient to cover the
overpayment, personal holiday and, if applicable, administrative leave accruals
will be used. If the aforementioned accruals are not sufficient to cover the
overpayment, the County will withhold future vacation accruals until the
overpayment has been recouped.
When the County notifies an employee of an overpayment and proposed
repayment schedule, and the employee wishes to meet with the County, a
meeting will be held at which time a repayment schedule shall be determined.
13.8 Maximum Vacation Accrual. The Department agrees to schedule
vacations to prevent loss of accrued and accruing vacation provided that the
'DSA RANK & FILE - 37 - 2005-2008 MOU
SECTION 14 - SICK LEAVE
ti
individual employee gives sixty (60) calendar days advance written notice to,the
Division Commander that he/she is approaching his/her maximum accrual.
SECTION 14 - SICK LEAVE
14.1 Purpose. The purpose of paid sick leave is to insure employees
against loss of pay for temporary absences from work due to illness or injury. Sick
leave may be used only as authorized; it is not paid time off which employees
may use for personal activities.
14.2 Accrual. Sick leave credits accrue at the rate of eight (8) working
hours credit for each completed month of service. Employees who work a portion
of a month are entitled to a pro rata share of the monthly sick leave credit
computed on the same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one-
tenth (1/10) hour. Unused sick leave credits accumulate from year to year. When
an employee is separated, other than through retirement, accumulated sick leave
credits shall be cancelled, unless the separation results from layoff in which case
the accumulated credits shall be restored if the employee is reemployed in a
permanent position within the period of his layoff eligibility.
Upon retirement, an employee's accumulated sick leave shall be converted to
retirement time on the basis of one (1) day of retirement service credit for each
day of accumulated sick leave credit.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval, by an employee in pay status, but only in the following instances:
A. An employee may use paid sick leave credits when the employee is
off work because of a temporary illness or injury.
B. Sick leave may be used by permanently disabled employees until all
accruals of the employee have been exhausted or until the employee
is retired by the Retirement Board subject to the conditions listed
below. For the purposes of this Section 14 permanent disability shall
mean the employee suffers from a disabling physical injury or illness
and is thereby prevented from engaging in any County occupation
for which he or she is qualified by reason of education, training or
experience. Sick leave credits may be used under this provision only
when the following requirements are met:
1. An application for retirement due to disability has been filed
with the Retirement Board; and
DSA RANK & FILE - 38 - 2005 - 2008 MOU
SECTION 14 - SICK LEAVE
2. Satisfactory medical evidence of such disability is received by
the appointing authority within thirty (30) days of the start of
use of sick leave for permanent disability. The appointing
authority may review medical evidence and order further
examination as he deems necessary, and may terminate use
of sick leave when such further examination demonstrates that
the employee is not disabled, or when the appointing authority
determines that the medical evidence submitted by the
employee is insufficient, or where the above conditions have
not been met.
C. Communicable Disease. An employee may use paid sick leave
credits while under a physician's orders to remain secluded due to
exposure to a communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. Every female
employee shall be entitled to at least four (4) months leave of
absence on account of pregnancy disability and to use available sick
leave or vacation pay entitlements during such leave.
1. Application for such leave must be made by the employee to
the appointing authority accompanied by a written statement of
disability from the employee's attending physician. The
statement must address itself to the employee's general
physical condition having considered the nature of the work
performed by the employee, and it must indicate the date of
the commencement of the disability as well as the date the
physician anticipates the disability to terminate. The appointing
authority retains the right to medical review of all requests for
such leave.
2. If a female employee does not apply for sick leave and the
appointing authority believes that the employee is not able to
properly perform her work or that her general health is
impaired due to disability caused or contributed to by
pregnancy, miscarriage, abortion, childbirth or recovery
therefrom, the employee shall be required to undergo a
physical examination by a physician selected by the County,
and the cost of such examination shall be borne by the
County. Should the medical report so recommend, a
mandatory leave shall be imposed upon the employee for the
duration of the disability.
3. If all accrued sick leave has been utilized by the employee, the
employee shall be considered on leave without pay. Sick leave
may not be utilized after the employee has been released from
DSA RANK & FILE - 39 - 2005-2008 MOU
SECTION 14 - SICK LEAVE
the hospital unless the employee has provided the County with
a written statement from her attending physician, stating that
her disability continues and the projected date of the
employee's recovery from such disability.
E. Medical and Dental Appointments. An employee may use paid sick
leave credits for medical and dental appointments as follows:
1. For working time used in keeping medical and dental
appointments for the employee's own care; and
2. For working time (not over forty (40) hours in each fiscal year)
used by an employee for pre-scheduled medicai'l and dental
appointments for an immediate family member living in the
employee's home and for children and parents who, may reside
outside of the employee's home. Such use of sick leave
credits shall be accounted for by the department! on a fiscal
year basis. Any balance of the forty (40) hours remaining at
the end of the fiscal year shall not be carried over to the next
year; departments shall notify the employee if the maximum
allowance is reached. Authorization to use sick leave for this
purpose is contingent on availability of accumulated sick leave
credits; it is not an additional allotment of sick leave which
employees may charge.
F. Emergency Care of Family. An employee may use paid sick leave for
working time used in cases of illness, or injury to, an' immediate
family member living in the employee's home, or for children and
parents who may reside outside of the employee's home.
G. Death of Family Member. An employee may use said sick leave
credits for absence from work because of a death in the employee's
immediate family, but this shall not exceed three (3) working days
plus up to two (2) days of work time for necessary travel.
H. Definition of Immediate Family. For the purposes of this Section 14
the immediate family shall be restricted to the spouse, son, stepson,
daughter, stepdaughter, father, stepfather, mother, stepmother,
brother, sister, grandparent, grandchild, father-in-law, mother-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law or domestic
partner of an employee.
14.3 Administration of Sick Leave. Accumulated paid sick leave credits
may not be used in the following situations:
DSA RANK & FILE - 40 - 2005 - 2008 MOU
SECTION 14 - SICK LEAVE
A. Self-inflicted Injury: For time off from work for an employee's illness
or injury caused by his or her willful misconduct.
B. Vacation. For an employee's illness or injury while the employee is
on vacation except when extenuating circumstances exist and the
appointing authority approves.
C. Not in Pay Status. When the employee would otherwise be eligible to
use paid sick leave credits but is not in a pay status.
The proper administration of sick leave is a responsibility of the employee and the
department head. The following procedures apply:
A. Employees are responsible for notifying their respective division of
an absence as early as possible prior to the commencement of their
work shift and in accordance with divisional operational
requirements. Notification shall include the reason and possible
duration of the absence.
B. Employees are responsible for keeping their department informed of
their continuing condition and probable date of return to work.
C. Employees are responsible for obtaining advance approval from their
appointing authority or designee for the schedule time of
prearranged personal or family medical and dental appointments.
The use of sick leave may be denied if these procedures are not followed. Abuse
of sick leave on the part of the employee is cause for disciplinary action. To
ascertain the propriety of claims against sick leave, the department head may
make such investigations as he deems necessary including medical verification of
illness.
14.4 Disability.
A. An employee physically or mentally incapacitated for the
performance of duty is subject to dismissal, suspension or demotion,
subject to the County Employees Retirement Law of 1937. An
appointing authority after giving notice may place an employee on
leave if the appointing authority has filed an application for disability
retirement for the employee, or whom the appointing authority
believes to be temporarily or permanently physically or mentally
incapacitated for the performance of the employees duties.
B. An appointing authority who has reasonable cause to believe that
there are physical or mental health conditions present in an
-DSA RANK & FILE - 41 - 2005-2008 MOU
SECTION 14 - SICK LEAVE
employee which endanger the health or safety of the; employee,
other employees, or the public, or which impair the ,employee's
performance of duty, may order the employee to undergo at County
expense and on the employee's paid time, a physical, medical and/or
psychiatric examination by a licensed physician or psychologist and
receive a report of the findings on such examination. If the examining
physician or psychologist recommends that treatment for''physical or
mental health problems, including leave, are in the best interests of
the employee or the County in relation to the employee overcoming
any disability and/or performing his or her duties the� appointing
authority may direct the employee to take such leave and/or undergo
such treatment.
C. Leave due to temporary or permanent disability shall be without
prejudice to the employee's right to use sick leave, vacation, or any
other benefit to which the employee is entitled other than regular
salary. The Director of Human Resources may order lost pay
restored for good cause and subject to the employee's duty to
mitigate damages.
D. Before an employee returns to work from any absence for illness or
injury, other leave of absence or disability leave, exceeding two (2)
weeks in duration, the appointing authority may order the employee
to undergo at County expense a physical, medical, and/or;psychiatric
examination by a licensed physician or psychologist, and may
consider a report of the findings on such examination. If the report
shows that such employee is physically or mentally incapacitated for
the performance of duty, the appointing authority may ,take such
action as he deems necessary in accordance with appropriate
provisions of this MOU.
E. Before an employee is placed on an unpaid leave of absence or
suspended because of physical or mental incapacity under (A) or (B)
above, the employee shall be given notice of the proposed leave of
absence or suspension by letter or memorandum, delivered
personally or by certified mail, containing the following:
1. a statement of the leave of absence or suspension proposed;
2. the proposed dates or duration of the leave or suspension
which may be indeterminate until a certain physical?or mental
health condition has been attained by the employee;
3. a statement of the basis upon which the action is being taken;
DSA RANK & FILE - 42 - 2005 - 2008 MOU
SECTION 14 - SICK LEAVE
4. a statement that the employee may review the materials upon
which the action is taken;
5. a statement that the employee has until a specified date (not
less than seven (7) work days from personal delivery or
mailing of the notice) to respond to the appointing authority
orally or in writing.
F. Pending response to the notice the appointing authority for cause
specified in writing may place the employee on a temporary leave of
absence, with pay.
G. The employee to whom the notice has been delivered or mailed shall
have seven (7) work days to respond to the appointing authority
either orally or in writing before the proposed action may be taken.
H. After having complied with the notice requirements above, the
appointing authority may order the leave of absence or suspension in
writing stating specifically the basis upon which the action is being
taken, delivering the order to the employee either personally or by
certified mail, effective either upon personal delivery or deposit in the
U.S. Postal Service.
I. An employee who is placed on leave or suspended under this
section may, within ten (10) calendar days after personal delivery or
mailing to the employee of the order, appeal the order in writing
through the Director of Human Resources to the Merit Board.
Alternatively, the employee may file a written election with the
Director of Human Resources waiving the employee's right to appeal
to the Merit Board in favor of appeal to a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability
Review Arbitrator, the employee has the burden of proof to show that
either:
1. the physical or mental health condition cited by the appointing
authority does not exist, or
2. the physical or mental health condition does exist, but it is not
sufficient to prevent, preclude, or impair the employee's
performance of duty, or is not sufficient to endanger the health
or safety of the employee, other employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be
transmitted by the Director of Human Resources to the Merit Board
for hearing under the Merit Board's Procedures, Section 1114-1128
OSA RANK & FILE - 43 - 2005-2008 MOU
SECTION 14 - SICK LEAVE
inclusive. Medical reports submitted in evidence in such hearings
shall remain confidential information and shall not be apart of the
public record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and
his representative) will meet with the County's representative to
mutually select the Disability Review Arbitrator, who may be a de
facto arbitrator, or a physician, or a rehabilitation specialist, or some
other recognized specialist mutually selected by the parties. The
arbitrator shall hear and review the evidence. The decision of the
Disability Review Arbitrator shall be binding on both the County and
the employee. .
1. Scope of the Arbitrator's Review.
a. The arbitrator may affirm, modify or revoke the leave of
absence or suspension.
b. The arbitrator may make his decision based only on
evidence submitted by the County and the employee.
C. The arbitrator may order back pay or paid' sick leave
credits for any period of leave of absence or suspension
if the leave or suspension is found not to be sustainable,
subject to the employee's duty to mitigate damages.
d. The arbitrator's fees and expenses shall be, paid one-
half by the County and one-half by the employee or
employee's association.
14.5 Workers' Compensation.
A. State Labor Code 4850 Pay. Law enforcement officers as defined in
State Labor Code 4850 who are members of the Contra Costa
County Retirement System continue to receive full salary!Ibenefits in
lieu of temporary disability during any absence from work which
qualifies for Workers' Compensation benefits.
Currently, the maximum 4850 pay is one (1) year for any injury or
illness. To be eligible for this benefit the employee must be under the
care of a physician. All 4850 pay shall be approved by the County
Administrator's Office, Risk Management Division.
B. Sick Leave and Vacation. Sick leave and vacation shall; accrue in
accordance with the provision of State Labor Code 4850.
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SECTION 14 - SICK LEAVE
C. 4850 Pay Beyond One Year. If an injured employee remains eligible
for Workers' Compensation temporary disability benefits beyond one
year, full salary will continue by integrating sick leave and/or vacation
accruals with Workers' Compensation benefits (use of vacation
accruals must be approved by the department and the employee). If
salary integration is no longer available because accruals are
exhausted, Workers' Compensation benefits will be paid directly to
the employee as prescribed by Workers' Compensation laws.
D. Rehabilitation Integration. An injured employee who is eligible for
Workers' Compensation rehabilitation temporary disability benefits
and who has exhausted 4850 pay eligibility will continue to receive
full salary by integrating sick leave and/or vacation accruals with
Workers' Compensation rehabilitation temporary disability benefits.
When these accruals are exhausted, the rehabilitation temporary
disability benefits will be paid directly to the employee as prescribed
by Workers' Compensation laws.
E. Health Insurance. The County contribution to the employee's group
insurance plan(s) continues during the,4850 pay period and during
integration of sick leave or vacation with Workers' Compensation
benefits.
F. Integration Formula. An employee's sick leave and/or vacation
charges shall be calculated as follows: C = 8 [1 - (W : S)]
C = Sick leave or vacation charge per day (in hrs.)
W = Statutory Workers' Compensation for a month
S = Monthly salary
14.6 Workers' Compensation & Continuing Pay for
Non-Sworn Employees.
A. Waiting Period.
1. Employees who leave work as a result of an on the job injury
will have the balance of that day charged to sick leave and/or
vacation accruals. This will be considered as the last day
worked for purposes of determining Workers' Compensation
benefits.
2. There is a three (3) calendar day waiting period before
Workers' Compensation benefits commence. If the injured
worker loses any time on the day of injury, that day counts as
day one (1) of the waiting period. If the injured worker does not
lose time on the day of injury, the waiting period will be the first
DSA RANK & FILE - 45 - 2005-2008 MOU
SECTION 14 - SICK LEAVE
three (3) calendar days the employee does not, work as a
result of the injury. The time the employee is scheduled to
work during this waiting period will be charged to the
employee's sick leave and/or vacation accruals. In order to
qualify for Workers' Compensation the employee must be
under the care of a physician. Temporary compensation is
payable on the first three (3) days of disability when the injury
necessitates hospitalization, or when the disability exceeds
fourteen (14) days.
B. Continuing Pay.
1. A permanent employee shall receive 88% of regular monthly
salary during any period of compensable temporary disability
absence not to exceed one year. For accepted claims on or
after January 1, 1997, the percentage of pay for ,employees
entitled to Workers' Compensation shall be decreased from
88% to 87%. For accepted claims on or after January 1, 2000,
the percentage of pay for employees entitled to Workers'
Compensation shall be decreased from 8M to 86%.
"Compensable temporary disability absence" for the purpose
of this Section, is any absence due to work °connected
disability which qualifies for temporary disability compensation
under Workers' Compensation Law set forth in Division 4 of
the California Labor Code. When any disability becomes
medically permanent and stationary, the salary provided by
this Section shall terminate. The employee shall return to the
County all temporary disability payments received by him from
any County funded Workers' Compensation or other County
wage replacement program. No charge shall be made against
sick leave or vacation for these salary payments. Sick leave
and vacation rights shall not accrue for those periods during
which continuing pay is received.
The maximum period of continuing pay for any one injury or
illness shall be up to one (1) year from the date of lemporary
disability.
If Workers' Compensation becomes taxable, the County
agrees to restore the benefit to (100% of monthly salary).
Y
2. Continuing pay begins at the same time that temporary
Workers' Compensation starts and continues ' until the
temporary disability ends, or until one (1) year from the date of
temporary disability payments, whichever comes first, provided
the employee remains in an active employed status.
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SECTION 14 - SICK LEAVE
Continuing pay is automatically terminated on the date an
employee is separated from County service by resignation,
retirement, layoff, suspension or any other action that
determines the employee is no longer employed by the
County. In these instances, employee will be paid Workers'
Compensation benefits as prescribed by Workers'
Compensation laws. All continuing pay will be cleared through
the County Administrator's Office, Risk Management Division.
3. Employees injured on or after the implementation date of this
provision for the majority of County employees, shall receive
80% for twelve consecutive months from the date of injury.
Employees injured after twelve consecutive from the
implementation date, shall receive 75% for twelve consecutive
months from the date of injury. Employees injured after 24
months from the initial implementation date, shall receive 70%
for twelve consecutive months from date of injury.
C. Whenever an employee who has been injured on the job and has
returned to work is required by an attending physician to leave work
for treatment during working hours the employee shall be allowed
time off up to three (3) hours for such treatment without loss of pay
or benefits. Said visits are to be scheduled contiguous to either the
beginning or end of the scheduled work day whenever possible. This
provision applies only to injuries/illnesses that have been accepted
by the County as a job connected injury.
D. Full Pay Beyond One Year. If an injured employee remains eligible
for temporary disability beyond one (1) year, the employee's
applicable salary will continue by integrating sick leave and/or
vacation accruals with Workers' Compensation benefits. If salary
integration is no longer available, Workers' Compensation benefits
will be paid directly to the employee as prescribed by Workers'
Compensation laws.
E. Rehabilitation Integration. An injured employee who is eligible for
Workers' Compensation Rehabilitation Temporary Disability benefits
and whose disability is medically permanent and stationary will
continue to receive his/her applicable salary by integrating sick leave
and/or vacation accruals with Workers' Compensation Rehabilitation
Temporary Disability benefits until those accruals are exhausted.
Thereafter, the Rehabilitation Temporary Disability benefits will be
paid directly to the employee.
F. Health Insurance. The County contribution to the employee's group
insurance plan(s) continues during the continuing pay period and
DSA RANK & FILE - 47 - 2005-2008 MOU
SECTION 15 - LEAVE OF ABSENCE
during integration of sick leave or vacation with Workers'
Compensation benefits.
G. Method of Integration. An employee's sick leave and/or vacation
charges shall be calculated as follows: C = 8 [1 - (W S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
14.7 Labor-Management Committee. On May 26, 1981 the Board of
Supervisors established a labor-management committee to administer a
rehabilitation program for disabled County employees. It is understood that the
benefits specified above in this Section 14 shall be coordinated with any disabled
employee's rehabilitation program.
14.8 Accrual During Leave Without Pay. No employee who has been
granted a leave without pay or an unpaid military leave shall accrue any sick
leave credits during the time of such leave nor shall an employee who is absent
without pay accrue sick leave credits during the absence.
SECTION 15 - LEAVE OF ABSENCE
15.1 Leave Without Pay. Any employee who has permanent status in the
classified service may be granted a leave of absence without pay upon written
request, approved by the appointing authority; provided, however, that leaves for
pregnancy, pregnancy disability, serious health conditions, and family care shall
be granted in accordance with applicable state and federal law.
15.2 General Administration - Leaves of Absence. Requests for leave
without pay shall be made upon forms prescribed by the Director ',of Human
Resources and shall state specifically the reason for the request, the date when it
is desired to begin the leave and the probable date of return.
A. Leave without pay may be granted for up to one (1) year, for any of
the following reasons:
1. Illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will increase the employee's
usefulness on return to the position;
DSA RANK & FILE - 48 - 2005 - 2008 MOU
SECTION 15 - LEAVE OF ABSENCE
5. for other reasons or circumstances acceptable to the
appointing authority.
B. An employee should request a leave of absence at least thirty (30)
days before the leave is to begin if the need for the leave is
foreseeable. If the need is not foreseeable, the employee must
provide written notice to the employer within five (5) days of learning
of the event by which the need for a leave of absence arises.
C. An appointing authority may extend such leave for additional periods.
The procedure in granting extensions shall be the same as that in
granting the original leave, provided that the request for extension
must be made not later than thirty (30) calendar days before the
expiration of the original leave.
15.3 Family Care or Medical Leave.
A. Definitions. For medical and family care leaves of absence under
Section 15, the following definitions apply:
1 . Child: A biological, adopted, or foster child, stepchild, legal
ward, conservatee, or a child who is under eighteen (18) years
of age for whom an employee stands in loco parentis or for
whom the employee is the guardian or conservator, or an adult
dependent child of the employee.
2. Parent: A biological, foster, or adoptive parent, a stepparent,
legal guardian, conservator, or other person standing in loco
parentis to a child.
3. Spouse: A partner in marriage as defined in California Civil
Code Section 4100.
4. Domestic Partner: An unmarried person, eighteen (18) years
or older, to whom the employee is not related and with whom
the employee resides and shares the common necessities of
life.
5. Serious Health Condition: An illness, injury, impairment, or
physical or mental condition which involves either inpatient
care in a hospital, hospice or residential health care facility or
continuing treatment or continuing supervision by a health care
provider (e.g. physician or surgeon) and which, for family care
leave only, warrants the participation of a family member to
DSA RANK & FILE - 49 - 2005-2008 MOU
SECTION 15 - LEAVE OF ABSENCE
provide care during a period of treatment or supervision, as
defined by state and federal law.
6. Certification for Family Care Leave: A written communication
to the employer from a health care provider of a` person for
whose care the leave is being taken which need ',not identify
the serious health condition involved, but shall contain:
a. the date, if known, on which the serious health condition
commenced;
b. the probable duration of the condition;
C. an estimate of the amount of time which the employee
t needs to render care or supervision;
d. a statement that the serious health condition warrants
the participation of a family member to provide care
during period of treatment or supervision;
e. if for intermittent leave or a reduced work schedule
leave, the certification should indicate; that the
intermittent leave or reduced work schedule leave is
necessary for the care of the individual or will assist in
their recovery, and its expected duration.
7. Certification for Medical Leave: A written communication from
a health care provider of an employee with a serious health
condition or illness to the employer, which need not identify the
serious health condition involved, but shall contain:
a. the date, if known, on which the serious health condition
commenced;
b. the probable duration of the condition;
C. a statement that the employee is unable to perform the
functions of the employee's job;
d. if for intermittent leave or a reduced work schedule
leave, the certification should indicate the medical
necessity for the intermittent leave or reduced work
schedule leave and its expected duration.
8. Comparable Positions: A position with the same" or similar
duties and pay which can be performed at the same or similar
geographic location as the position held prior to the leave.
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SECTION 15 - LEAVE OF ABSENCE
Ordinarily, the job assignment will be the same duties in the
same program area located in the same city, although specific
clients, caseload, co-workers, supervisor(s), or other staffing
may have changed during an employee's leave.
B. Section 15.2 notwithstanding, any employee who has permanent
status, been employed by the County for at least twelve (12) months
and who has worked at least 1250 hours in the previous twelve (12)
month period shall upon request to the appointing authority, for a
leave of absence due to the employee's serious health condition or
for family care (FMLA) shall be granted to an employee who
requests it for up to twelve (12) weeks during a rolling twelve (12)
month period (measured backward from the date an employee uses
any FMLA leave) in accordance with the following provisions:
EXAMPLE: An employee takes time away from work due
to the birth of their child in May. The leave period lasts twelve
(12) weeks. In November, they are scheduled for surgery. Their
leave request in November cannot be counted towards FMLA
because they have already utilized their 12 week entitlement
during their leave in May.
1. medical leave of absence for the employee's own serious
health condition which makes the employee unable to perform
the functions of the employee's position; or
2. family care leave of absence without pay for reason of the birth
of a child of the employee, the placement of a child with an
employee in connection with the adoption or foster care of the
child by the employee, or the serious illness or health condition
of a child, parent, spouse, or domestic partner of the
employee.
The employee may be asked to provide certification of the
need for family care leave or medical leave. Additional
period(s) of family care or medical leave may be granted by
the appointing authority.
Notwithstanding the above, the Sheriff may in his/her sole
discretion, on a case by case basis, waive the 1250 hour
requirement.
C. Intermittent Use of Leave. The twelve (12) week entitlement may be
in broken periods, intermittently on a regular or irregular basis, or
may include reduced work schedules depending on the specific
circumstances and situations surrounding the request for leave. The
DSA RANK & FILE - 51 - 2005-2008 MOU
SECTION 15 - LEAVE OF ABSENCE
twelve (12) weeks may include use of appropriate available paid
leave accruals when accruals are used to maintain pay l status, but
use of such accruals is not required beyond that specified in Section
15.6.6 below. When paid leave accruals are used for a l,medical or
family care leave, such time shall be counted as a part of the twelve
(12) week entitlement.
D. Use for Spouse. In the situation where husband and wife are both
employed by the County, the family care or medical leave ''entitlement
based on the birth, adoption or foster care of a child is twelve (12)
weeks each during each calendar year period.
15.4 Pregnancy Disability Leave. Insofar as pregnancy disability leave is
used under Section 14.2.D - Sick Leave Utilization for Pregnancy Disability, that
time will not be considered a part of the twelve (12) week family ;care leave
period.
15.5 Group Health Plan Coverage.
A. During Leave of Absence. Employees who were members of one of
the group health plans prior to commencement of their leave of
absence can maintain their health plan coverage with the County
contribution by maintaining their employment in pay ' status as
described in Section 15.6. In order to maintain such coverage,
employees are required to pay timely the full employee contribution
to maintain their group health plan coverage, either through payroll
deduction or by paying the County directly.
B. During Medical or Family Care Leave. During the twelve (12) weeks
of an approved medical or family care leave under Section 15.3
above, the County will continue its contribution for such health plan
coverage even if accruals are not available for use to maintain pay
status as required under Section 15.6. In order to maintain such
coverage, employees are required to pay timely the full! employee
contribution to maintain their group health plan coverage, either
through payroll deduction or by paying the County directly.!,
15.6 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve (12) month period of
any leave of absence without pay, an employee may elect to
maintain pay status each month by using at least 01 hour of
available sick leave (if so entitled under Section 14 - Sick Leave),
vacation, floating holiday, compensatory time off or other accruals or
entitlements; in other words, during the first twelve (12) months, a
leave of absence without pay may be "broken" into segments and
i
DSA RANK & FILE - 52 - 2005 - 2008 MOU
SECTION 15 - LEAVE OF ABSENCE
accruals used on a monthly basis at the employee's discretion. After
the first twelve (12) months, the leave period may not be "broken"
into segments and accruals may not be used, except when required
by SDI/Sick Leave Integration.
B. Family Care or Medical Leave (FMLA). During the twelve (12) weeks
of an approved medical or family care leave, if a portion of that leave
will be on a leave of absence without pay, the employee will be
required to use at least 0.1 hour of sick leave (if so entitled under
Section 14 - Sick Leave), vacation, floating holiday, compensatory
time off or other accruals or entitlements if such are available,
although use of additional accruals is permitted under subsection A
above.
C. Sick leave accruals may not be used during any leave of absence,
except as allowed under Section 14 - Sick Leave.
15.7 Military Leave. Any employee who is required to serve as a member
of the State Militia or the United States Army, Navy, Air Force, Marine Corps,
Coast Guard or any division thereof shall be granted a military leave for the
period of such service, plus ninety (90) days. An employee who volunteers for
such service shall be granted a leave of absence if necessary in accordance with
applicable state or federal laws. Upon the termination of such service or upon
honorable discharge, the employee shall be entitled to return to his/her position in
the classified service provided such still exists and the employee is otherwise
qualified, without any loss of standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday, or sick leave privileges which may
be accrued at the time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation of employment. For
purposes of determining eligibility for salary adjustments or seniority in case of
layoff or promotional examination, time on military leave shall be considered as
time in County service.
Any employee who has been granted a military leave, may upon return, be
required to furnish such evidence of performance of military service or of
honorable discharge as the Director of Human Resources may deem necessary.
15.8 Return From Leave of Absence.
A. Early Return. Whenever an employee who has been granted a leave
without pay desires to return before the expiration of such leave, the
employee shall submit a request to the appointing authority in writing
at least fifteen (15) days in advance of the proposed early return
provided, however, that less notification may be approved at the
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SECTION 15 - LEAVE OF ABSENCE
discretion of the appointing authority or his/her designee. Early return
is subject to prior approval by the appointing authority. The Human
Resources Department shall be notified promptly of such return.
B. Leave of Absence 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.
C. Leave of Absence Replacement. In case of severance from service
or displacement by reason of the reinstatement of a 'permanent
employee returning from a leave of absence, the provisions of
Section 11 - Seniority, Workforce Reduction, Layoff, &
Reassignment Seniority shall apply.
D. Reinstatement From Family Care or Medical Leave of Absence. In
the case of a family care or medical leave, an employee on a 5/40
schedule shall be reinstated to the same or comparable position if
Y. .
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 work schedule
leave.
At the time the original leave is approved, the appointing authority
shall notify the employee in writing of the final date to return to work,
or the maximum number of hours of leave, in order tolguarantee :r
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. %
E. Shift Bidding. An employee who is on a leave of absence';;more than ,.
thirty (30) days, or scheduled to be on a leave of absence of more
than thirty (30) days at the time of a quarterly sign-up, shall not be
allowed to bid on a shift. Upon return, the employee shall be placed =;=
in an available shift, at the County's discretion.
Employees out on FMLA shall be eligible to participate in shift
bidding if they are scheduled to work during any portion of the
bidding period.
; r
a_
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SECTION 96 - JURY DUTY AND WITNESS DUTY
15.9 Appeal of Denial. The decision of the appointing authority on
granting or denying leave or early return from leave shall be subject to appeal to
the Director of Human Resources and not subject to appeal through the
grievance procedure set forth in this MOU.
15.10 Salary Review While on Leave of Absence. The salary of an
employee who is on leave of absence from a County position on any anniversary
date and who has not been absent from the position on leave without pay more
than six (6) months during the preceding year shall receive salary increments that
may accrue to them during the period of military leave.
15.11 Unauthorized Absence. An unauthorized absence from the work
site or failure to report for duty after a leave request has been disapproved,
revoked, or cancelled by the appointing authority, or at the expiration of a leave
shall be without pay. Such absence may also be grounds for disciplinary action.
SECTION 16 - JURY DUTY AND WITNESS DUTY
16.1 Jury Du . For purposes of this Section, jury duty shall be defined as
any time an employee is obligated to report to the court.
When called for jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
Employees shall advise their department as soon as possible if scheduled to
appear for jury duty.
If summoned for jury duty in a Municipal, Superior, or Federal Court, or a
Coroners jury, employees may remain in their regular County pay status, or they
may take paid leave (vacation, floating holiday, etc.) or leave without pay and
retain all fees and expenses paid to them.
When an employee is summoned for jury duty selection or is selected as a juror
in a Municipal, Superior or Federal Court, employees may remain in a regular pay
status if they waive all fees (other than mileage), regardless of shift assignment
and the following shall apply:
a. If an employee elects to remain in a regular pay status and waive or
surrender all fees (other than mileage), the employee shall obtain
from the Clerk or Jury Commissioner a certificate indicating the days
attended and noting that fees other than mileage are waived or
surrendered. The employee shall furnish the certificate to his
department where it will be retained as a department record. No
Absence/Overtime Record is required.
DSA RANK & FILE - 55 - 2005-2008 MOU
SECTION 17 - HEALTH, LIFE AND DENTAL CARE
b. An employee who elects to retain all fees must take leave (vacation,
floating holiday, etc.) or leave without pay. No court certificate is
required but an Absence/Overtime Record must be submitted to the
department payroll clerk.
Employees are not permitted to engage in any employment regardless of shift
assignment or occupation before or after daily jury service that would affect their
ability to properly serve as jurors.
An employee on short notice standby to report to court, whose job duties make
short notice response impossible or impractical, shall be given alternate work
assignments for those days to enable them to respond to the court on short
notice.
When an employee is required to serve on jury duty, the County will ,adjust that
employee's work schedule to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee requests otherwise. Participants
in 9/80 or 4/10 work schedules will not receive overtime or compensatory.time
credit for jury duty on their scheduled days off.
Permanent-intermittent employees are entitled to paid jury duty leave only for
those days on which they were previously scheduled to work.
16.2 Witness Duty. Employees called upon as a witness or, an expert
witness in a case arising in the course of their work or the work of another
department may remain in their regular pay status and turn over to the County all
fees and expenses paid to them other than mileage allowance or they may take
vacation leave or leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases or personal matters
(e.g., accident suits and family relations) shall take vacation leave or .leave
without pay and retain all witness fees paid to them.
Retention or waiver of fees shall be governed by the same provisions as apply to
jury duty as set forth in Section 16 of this MOU.
Employees shall advise their department as soon as possible if scheduled to
appear for witness duty. Permanent intermittent employees are entitled to paid
witness duty only for those days on which they were previously scheduled to
work.
SECTION 17 - HEALTH, LIFE AND DENTAL CARE
17.1 Health Plan. The County will provide group health benefits through
the California Public Employees' Retirement System (CaIPERS) for all 'permanent
full-time employees, and permanent part-time employees regularly scheduled to
DSA RANK & FILE - 56 - 2005 - 2008 MOU
SECTION 17 - HEALTH, LIFE AND DENTAL CARE
work at least twenty (20) hours per week in classes represented by DSA. The
CalPERS program, as regulated by the Public Employees' Medical and Hospital
Care Act (PEMHCA), will control on all issues, including but not limited to
eligibility, benefit levels and premium costs.
DSA acknowledges that CalPERS Health Plan program benefits may not be
equal to benefits previously available to their represented employees, and
Consolidated Omnibus Budget Reconciliation Act (COBRA) counterparts through
the various optional health programs previously offered by Contra Costa County.
DSA acknowledges that notwithstanding this MOU and during the time that it is in
effect, CaIPERS may terminate or change covered expenses, benefit payments,
copayments on covered benefits, deductibles, lifetime and/or annual maximum
limits and eligibility rules, and may implement cost control measures as they
deem appropriate.
17.2 Contra Costa Health Plan (CCHP). Because CCHP has met the
minimum standards required under PEMHCA and is approved as an alternative
CalPERS plan option, DSA members and COBRA counterparts may elect to
enroll in CCHP under the CalPERS plan rules and regulations.
17.3 Health Plan Contribution. The County's contribution to the
CalPERS monthly health plan premiums for coverage hereunder shall be as
provided below. Any increase in the Health Plan premium costs greater than the
County's contributions identified below occurring during the duration of this MOU
shall be borne by the employee.
A. County's Contribution Subiect to PERS Regulations. Rates for the
purposes of open enrollment in all PERS medical plans will be the
dollar equivalent of eighty-seven percent (87%) of the PERS
Northern California Kaiser premium at each level (employee only,
employee + one, employee + two or more).
In the event, in whole or in part, that the above amounts are greater
than one hundred percent (100%) of the applicable premium of any
plan, the County's contribution will not exceed one hundred percent
(100%) of the applicable plan premium.
17.4 Dental Program. The County will continue to offer the existing
County group Dental Plans (Delta and PMI Delta Care) to all permanent
employees in classes represented by the DSA.
17.5 Dental Contribution. The County's contribution to the monthly
dental plan premiums shall be as provided below. These contributions are
provided only for permanent full-time and permanent part-time employees
DSA RANK & FILE - 57 - 2005-2008 MOU
SECTION 17 - HEALTH, LIFE AND DENTAL CARE
regularly scheduled to work at least twenty (20) hours per week. Permanent-
intermittent, provisional and permanent part-time employees working less than
f
twenty (20) hour per week may enroll in a dental plan but are not entitled to the
County's contribution. Any increases in dental plan costs greater than the
County's contributions identified below during the duration of this shall be borne
by the employee:
a. Delta and PMI Delta Care: The County will contribute seventy-seven
percent (77%) 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.
17.6 Orthodontic Coverage. During the term of this MOU, employees
represented by DSA may be polled to determine if a majority of the membership
desires the addition of an orthodontics benefit under the Delta Dental plan. If a
majority of members desire an orthodontics benefit be made available, the
County and DSA will meet and confer on the effective date of coverage, plan
design, costs, limitations and exclusions. The costs for the added benefit will be
borne by each enrolled Delta member whose eligibility for benefits is under DSA's
program. Payment will be made by either payroll deduction or direct pay for those
members not entitled to monthly payroll deductions.
If Safeguard is eliminated without a replacement plan that includes an
orthodontics option, the County will subvent the Delta Dental orthodontics option
at 77%.
17.7 Rate Information. The County Benefits Service Unit will make
dental plan rate information and, to the extent possible, CaIPERS health plan rate
information available to employees and departments upon request. In addition,
the County Benefits Service Unit will publish and distribute to employees and
departments information about rate changes as they occur during the year.
17.8 Life Insurance Program. Effective January 1 , 2007, the County will
provide a $10,000 Term Life Insurance Plan for all permanent employees in
classes represented by DSA. who are enrolled in either a health and/or dental
plan.
17.9 Life Insurance Contribution. The County will pay ,the entire
premium on behalf of permanent full-time and permanent part-time employees
regularly scheduled to work at least twenty (20) hours per week who elect health
and/or dental coverage. Permanent-intermittent, provisional and permanent part-
time employees working less than twenty (20) hours per week may participate in
the Life Insurance Plan at their full personal expense, which shall not exceed the
County's cost, provided they elect health and/or dental coverage.
DSA RANK & FILE - 58 - 2005 - 2008 MOU
SECTION 17 - HEALTH, LIFE AND DENTAL CARE
17.10 Premium Payments. Employee participation in any health, dental,
or life insurance plan is contingent upon the employee authorizing payroll
deduction by the County of the employee's share of the premium cost. The
County's contribution to health plan and dental plan monthly premiums are
payable as follows:
a. CalPERS Plan (Includes Alternate CCHP Plan). The County's
contribution to the health plan premium is payable one (1) month in
advance. If an employee's compensation in any month is not
sufficient to pay the employee share of the premium, the employee
must make up the difference by remitting the amount delinquent to
the Auditor-Controller. The responsibility for this payment rests solely
with the employee.
b. Dental and Life Insurance Plans. The County's contribution to the
dental and life insurance premium (as described in Sections 17.5
and 17.9) is payable monthly. If an employee's compensation in any
month is not sufficient to pay the employee share of the premium,
the employee must make up the difference by remitting the amount
delinquent to the Auditor-Controller. The responsibility for this
payment rests solely with the employee.
17.11 Extended Coverage. An employee on approved leave without pay
shall be allowed to continue his/her health/dental/life insurance coverage
provided that the employee shall pay their share of the monthly premium during
said leave.
An employee not eligible for continued coverage may convert to individual health
plan coverage (if available) or continue group coverage subject to the provisions
of the Consolidated Omnibus Budget Reconciliation Act (COBRA), plus any
administrative fees, for the option selected. The entire cost of coverage shall be
paid at the time and place specified by CalPERS for health plans and by the
County for the dental plans.
An employee who terminates County employment is covered through the last day
of the month in which he/she is paid for County dental plans and through the last
day of the month following the month of termination for CalPERS plans.
Employees who terminate County employment may continue Group
Health/Dental plan coverage to the extent provided under the COBRA
regulations.
17.12 Retirement Coverage. Upon retirement, employees may, subject to
plan requirements, remain in the same County group medical plan if immediately
before their retirement they are either active subscribers to one of the County
DSA RANK & FILE - 59 - 2005-2008 MOU
SECTION 17 - HEALTH, LIFE AND DENTAL CARE
Health Plans or if on authorized leave of absence without pay, they have retained
individual conversion membership from the County plan.
t
Pursuant to CalPERS regulations, employees enrolled in the CalPERS alternative
plan (CCHP) at the time of retirement are permanently precluded from enrolling in
any other CalPERS or County health plan.
Employees hired after January 1, 2007 or when Government Code Section 22893
is implemented by the Board of Supervisors, shall be eligible for retiree health
insurance subject to the following conditions:
A. As soon as practical, the County will modify its agreement with the
CaIPERS Health Benefit Program to incorporate the provisions of
Government Code Section 22893 for employees who are employed after
January 1, 2007.
B. Government Code Section 22893. Notwithstanding Section 22892, the
percentage of employer contribution payable for post retirement health
benefits for any employee of a contracting agency subject to this section
shall, except as provided in subdivision (b), be based on the member's
completed years of credited county service at retirement as shown in the
following table:
Credited Years Percentage of Employer -
of Service Contribution
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
The employee's contribution shall be adjusted each year in accordance with
Government Code Section 22893.
The County will provide medical premium payments for employees who retire
from the County in accordance with Government Code Section 22893.
t
DSA RANK & FILE - 60 - 2005 - 2008 MOU
SECTION 97 - HEALTH, LIFE AND DENTAL CARE
17.13 Dual Coverage.
A. CalPERS 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
County, 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.
17.14 Employee Assistance Program. Any County contract which
provides an employee assistance program applicable to DSA represented
employees, including the present contract with Occupational Health Services,
shall include the following language:
"Records, including any information whether recorded or not, pertaining to the
identity, diagnosis or treatment of any employee or the employee's family
dependent(s) which are maintained in connection with the performance of this
contract shall be confidential, even as to the employer, and disclosed only under
the following circumstances:
a. When disclosure is authorized with the written and signed consent of
the employee or the family dependent(s). Such consent must state:
1 . the name of the person or organization to whom disclosure is
to be made;
2. the specific type of information to be disclosed;
3. the purpose or need for such disclosure.
DSA RANK & FILE - 61 - 2005-2008 MOU
SECTION 17 - HEALTH, LIFE AND DENTAL CARE
4
b. When an employee's records are subpoenaed and are not otherwise
protected by professional privileged relationships, contractor will
notify the employee whose records are subpoenaed immediately by
phone, if possible, and in any event in writing as soon as possible.
Written communication shall inform the employee of his/her access
to DSA for aid if he/she so desires. Contractor will cooperate with
employee and/or his legal representative in asserting confidentiality.
Subpoenaed records will only be turned over after a court order. The
employer bears no responsibility under this paragraph.
C. Contractor agrees to operate a system of records on individuals in
accordance with all State and Federal laws pertaining to the
confidentiality of alcohol, drug, and mental health records and the
Federal Privacy Act of 1974.
x
The Association is a third-party beneficiary."
17.15 Health Care Spending Account. The County will offer regular full-
time and part-time (20/40 or greater) County employees the option to participate
in a Health Care Spending Account (HCSA) Program designed to qualify for tax
. savings under Section 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 three thousand
dollars ($3,000) per year, for health care expenses not reimbursed by any other
health benefits plan with before tax dollars. HCSA dollars can be expended on
any eligible medical expenses allowed by Internal Revenue Code Section 125.
Effective January 1 , 2007, this amount shall be increased to four thousand five
hundred dollars ($4,500) per year. Effective January 1 , 2008, this amount shall be
increased to five thousand dollars ($5,000) per year. Any unused balance cannot
be recovered by the employee.
17.16 VDT Program. The County agrees to provide to all !';non-sworn
employees an annual eye examination on County time at County expense
provided that the employee regularly uses a video display terminal at least an
average of two (2) hours per day as certified by their department. Employees
certified for examination under this program must process their request through
the Employee Benefits Division of the Human Resources Department. Should
prescription VDT eyeglasses be prescribed for the employee following the
examination, the County agrees to provide, at no cost, the basic coverage which
includes a ten dollar ($10) frame and single vision lenses. Employees may,
through individual arrangement between the employee and their doctor'and solely
at the employee's expense, include bifocal, trifocal or blended lenses and other
care, services or materials not covered by the Plan. The basic plan' coverage,
including the examination, may be credited toward the employee-enhanced
benefit.
DSA RANK & FILE - 62 - 2005 - 2008 MOU
SECTION 18 - PROBATIONARY PERIOD
SECTION 18 - PROBATIONARY PERIOD
18.1 Length of Probation. Effective January 1 , 1990, Upon initial
appointment all employees will serve a one (1) year probationary period in
classifications represented by the DSA, with the exception of Deputy Sheriff
Criminalist 1 (18 months).
18.2 Revised Probationary Period. When the probationary period for a
class is changed, only new appointees to positions in the classification shall be
subject to the revised probationary period.
18.3 Criteria. The probationary period shall commence from the date of
appointment. It shall not include time served in provisional or temporary
appointments or any period of continuous absence exceeding fifteen (15)
calendar days, except as otherwise provided in the Personnel Management
Regulations or by law.
For those employees appointed to permanent-intermittent positions with a six (6)
months probation period, probation will be considered completed upon serving
one thousand (1,000) hours after appointment except that in no instance will this
period be less than six (6) calendar months from the beginning of probation. If a
permanent-intermittent probationary employee is reassigned to full-time, credit
toward probation completion in the full-time position shall be prorated on the
basis of one hundred seventy-three (173) hours per month.
18.4 Resection During Probation. An employee who is rejected during
the probation period and restored to the eligible list shall begin a new
probationary period if subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this
section, an employee (Probationer) shall have the right to appeal
from any rejection during the probationary period based on political
or religious affiliations or opinions, association activities, or race,
color, national origin, sex, age, disability or sexual orientation.
B. The appeal must be written, must be signed by the employee and set
forth the grounds and facts by which it is claimed that grounds for
appeal exist under subsection A and must be filed through the
Director of Human Resources to the Merit Board by 5:00 p.m. on the
7th calendar day after the date of delivery to the employee of notice
of rejection.
C. The Merit Board shall consider the appeal, and if it finds probable
cause to believe that the rejection may have been based on grounds
prohibited in subsection A, it may refer the matter to a Hearing
DSA RANK & FILE - 63 - 2005-2008 MOU
µ SECTION 18 - PROBATIONARY PERIOD
Officer for hearing, recommended findings of fact, conclusions of law
and decision, pursuant to the relevant provisions of the Merit Board
rules in which proceedings the rejected probationer has 'the burden
of proof.
D. If the Merit Board finds no probable cause for a hearing, it shall deny
{ ° the appeal. If, after hearing, the Merit Board upholds the appeal, it
shall direct that the appellant be reinstated in the position and the
` appellant shall begin a new probationary period unless the Merit
Board specifically reinstates the former period.
18.5 Regular Appointment. The regular appointment of a probationary
j, employee shall begin on the day following the end of the probationary period,
subject to the condition that the Director of Human Resources receive from the
appointing authority a statement in writing that the services of the, employee
during the probationary period were satisfactory and that the employee is
recommended for permanent appointment. A probationary employee may be
rejected at any time during the probation period without regard to the Skelly
provisions of this MOU, without notice and without right of appeal or hearing. If
y,r the appointing authority has not returned the probation report, or the"appointing
authority fails to submit in a timely manner the proper written 'documents
certifying that a probationary employee has served in a satisfactory manner and
later acknowledges it was his or her intention to do so, the regular appointment
shall begin on the day following the end of the probationary period.
Notwithstanding any other provisions of the MOU, an employee rejected during
the probation period from a position in the Merit System to which the employee
had been promoted or transferred from an eligible list, shall be restored to a
position in the department from which the employee was promoted or transferred.
r.:
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
s position not included in the Merit System shall be restored to a position in the
classification in the department from which the employee was promoted or
4
transferred.
$' A probationary employee who has been rejected or has resigned during probation
` shall not be restored to the eligible list from which the employee was certified
y unless the employee receives the affirmative recommendation l from the
13i
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 3
person restored to the eligible list to the same appointing authority by whom the
-Al person was rejected from the same eligible list, unless such certification is
y requested in writing by the appointing authority.
ti^
DSA RANK & FILE - 64 - 2005 - 2008 MOU
SECTION 19 - SHIFT DIFFERENTIAL FOR NON-SWORN
EMPLOYEES/OTHER TERMS & CONDITIONS OF EMPLOYMENT
18.6 Layoff Durinq Probation. An employee who is laid off during
probation, if reemployed in the same class by the same department, shall be
required to complete only the balance of the required probation.
If reemployed in another department or in another classification, the employee
shall serve a full probationary period. An employee appointed to a permanent
position from a layoff or reemployment list is subject to a probation period if the
position is in a department other than the department from which the employee
separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from
a layoff or reemployment list is not subject to a probation period if the position is
in the department from which the employee separated, displaced or voluntarily
demoted in lieu of layoff.
18.7 Resection During Probation of Laid Off Employee. An employee
who has achieved permanent status in the class before layoff and who
subsequently is appointed from the layoff list shall begin a new probationary
period if subsequently certified and appointed in a different department or
classification than that from which the employee was laid off. If the employee is
rejected during the probation period, the employee shall be automatically restored
to the layoff list, unless discharged for cause, if the rejection occurs within the
employee's period of layoff eligibility.
18.8 Probationary Deputy Sheriffs into Investigation Division.
Probationary Deputy Sheriffs may be temporarily assigned to the Investigation
Division. The assignment will not interfere with the officer successfully completing
both the Facility Training Program in the Detention Division and the Field Training
Program in the Patrol Division within the probationary period. The assignment will
be limited to a specific project or detail. The period of assignment in the
Investigation Division will not be credited as a Detention assignment.
SECTION 19 SHIFT DIFFERENTIAL FOR NON-SWORN
EMPLOYEES/OTHER TERMS & CONDITIONS OF EMPLOYMENT
19.1 Shift Differential. Employees in the following classifications are
eligible for shift differential as provided below: Fingerprint Examiner I and II,
Fingerprint Technician I and Il, Lead Fingerprint Examiner, Lead Fingerprint
Technician, Sheriffs Aide, and Sheriffs Specialist.
In the hours which qualify for shift differential, employees shall receive five
percent (5%) above their base pay.
Employees in the classifications of Dispatchers in the hours which qualify for
Morning Watch shift differential shall receive three percent (3%) above their base
DSA RANK & FILE - 65 - 2005-2008 MOU
SECTION 19 - SHIFT DIFFERENTIAL FOR NON-SWORN
S
EMPLOYEES/OTHER TERMS & CONDITIONS OF EMPLOYMENT
4'
pay. Employees in the classifications of Dispatchers in the hours which qualify for
Evening Watch shift differential shall receive five percent (5%) above their base
pay.
Evening Watch Shift Differential
The Evening Watch is defined as any shift that contains the majority of the
workday after 1600 hours and before 0000 hours.
The Morning Watch is defined as any shift that contains the majority of the
workday after 0000 hours and before 0800 hours.
To qualify for shift differential, an employee must have a regularly assigned daily
work schedule that requires: the majority of actual working time (more than half
the number of hours in the workday) from 1600 hours through 0,800 hours
inclusive.
Additionally, employees who have been regularly working a shift qualifying for
shift differential immediately preceding the commencement of a vacation, paid
sick leave period; paid disability or other paid leave, will have shift ,differential
included in computing the pay for their leave. However, shift differential shall only
be paid during paid sick leave and paid disability as provided above, for the first
forty (40) continuous work hours of each absence, to the extent permitted by law.
An employee who is off due to long-term illness or disability (as defined above)
will not qualify for differential. In any month that a long-term illness or disability
occurs, the differential will be prorated on a day for day basis. Said differentials
shall be prorated for employees working less than full time and/or who' are on an
unpaid leave of absence for a portion of any given month.
Relief shifts will qualify according to the base shift assigned. The relief shift
employee will not lose or gain any benefit should they be assigned to provide
relief on any other shift.
A Trainee's base shift is Day Watch and does not qualify for this differential.
Trainees may qualify for the differentials described above on the first (15) of the
month following their release from the Training Program.
The provisions, detailed above, does not in any way affect or reduce' the rights
reserved by the Sheriff, including those outlined in Section 10- Work Scheduling,
of the MOO.
19.2 Sheriffs Dispatchers. All employees in Dispatcher classifications
will lose no benefits with regard to wages, hours, and other terms and 'conditions
DSA RANK & FILE _ 66 - 2005 - 2008 MOU
SECTION 20 - PROMOTION
of employment, as a result, directly or indirectly, of coming into the DSA
bargaining unit.
Effective October 1, 1999, all employees in the classifications of Sheriffs
Dispatcher I and II, and Supervising Sheriff's Dispatcher, will receive a one-time
only five percent (5%) increase in base salary in exchange for the elimination of
shift differential for these classifications.
SECTION 20 - PROMOTION
20.1 Competitive Exam. Promotion shall be by competitive examination
unless otherwise provided in this MOU.
20.2 Promotion Policy. The Director of Human Resources, upon request
of an appointing authority, shall determine whether an examination is to be called
on a promotional basis.
20.3 Certification Rules. Beginning with promotions made after
ratification of this MOU (commencing 1989) The rule of ten (10) will be utilized
for Sergeants Promotional List. The rule of five (5) will be utilized for the
Supervising Dispatcher list.
20.4 Open Exam. If an examination for one of the classes represented by
the Association is proposed to be announced on an Open only basis the Director
of Human Resources shall give five (5) days prior notice of such proposed
announcement and shall meet at the request of the Association to discuss the
reasons for such open announcement.
20.5 Promotion Via Reclassification Without Examination.
Notwithstanding other provisions of this Section, an employee may be promoted
from one classification to a higher classification and his position reclassified at the
request of the appointing authority and under the following conditions:
a. An evaluation of the position(s) in question must show that the duties
and responsibilities have significantly increased and constitute a
higher level of work.
b. The incumbent of the position must have performed at the higher
level for one (1) year.
C. The incumbent must meet the minimum education and experience
requirements for the higher class.
d. The action must have approval of the Director of Human Resources.
DSA RANK & FILE - 67 - 2005-2008 MOU
SECTION 21 - TRANSFER.
4 t.
e. The Association approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
20.6 Requirements for Promotional Standing. In order to qualify for an
examination called on a promotional basis, an employee must have probationary
or permanent status in the merit system and must possess the minimum
qualifications for the class. Applicants will be admitted to promotional
examinations only if the requirements are met on or before the final filing date. If
an employee who is qualified on a promotional employment list is separated from
the merit system, except by layoff, the employee's name shall be removed from
the promotional list.
S
20.7 Seniority Credits. Employees who have qualified to take
promotional examinations and who have earned a total score, not including
seniority credits, of seventy percent (70%) or more, shall receive, in addition to all
other credits, five one-hundredths of one percent (.05%) for each completed
month of service as a permanent County employee continuously preceding the
final date for filing application for said examination. For purposes of seniority
credits, leaves of absence shall be considered as service. Seniority credits shall
be included in the final percentage score from which the rank on thepromotional
list is determined. No employee, however, shall receive more than a total of five
percent (5%) credit for seniority in any promotional examination.
20.8 Physical Examination. County employees who are required as part
of the promotional examination process to take a physical examination shall do
so on County time at County expense.
SECTION 21 - TRANSFER
21.1 Criteria. The following conditions are required in order to qualify for
transfer:
a. The position shall be in the same class, or if in a different class shall
have been determined by the Director of Human Resources to be
appropriate for transfer on the basis of minimum qualifications and
qualifying procedure;
b. the employee shall have permanent status in the merit system and
shall be in good standing;
C. the appointing authority or authorities involved in the ''transaction
shall have indicated their agreement in writing;
DSA RANK & FILE - 68 - 2005 - 2008 MOU
d. the employee concerned shall have indicated agreement to the
change in writing;
e. the Director of Human Resources shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished through the
regular appointment procedure provided that the individual desiring transfer has
eligibility on a list for a class for which appointment is being considered.
21.2 Procedure. Any employee or appointing authority who desires to initiate a
transfer may inform the Director of Human Resources in writing of such desire
stating the reasons therefore. The Director of Human Resources shall, if he
considers that the reasons are adequate and that the transfer will be for the good
of the County service and the parties involved, inform the appointing authority or
authorities concerned and the employee of the proposal and may take the
initiative in accomplishing the transfer.
SECTION 22 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written
resignations shall be forwarded to the Human Resources Department by the
appointing authority immediately on receipt, and shall indicate the effective date
of termination. Oral resignation shall be immediately confirmed by the appointing
authority in writing to the employee and to the Human Resources Department
and shall indicate the effective date of termination.
22.1 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.
22.2 Constructive Resignation. A constructive resignation occurs and is
effective when:
a. An employee has been absent from duty for five (5) consecutive
working days without leave, and;
b. Five (5) more consecutive work days have elapsed without response
by the employee after the mailing of a notice of resignation by the
appointing authority to the employee at the employee's last known
address.
DSA RANK & FILE - 69 - 2005-2008 MOU
SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION
22.3 Effective Resignation. A resignation is effective when delivered or
spoken to the appointing authority, operative either on that date or another date
specified.
22.4 Revocation. A resignation that is effective is revocable only by
written concurrence of the employee and the appointing authority.
22.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes;, has been
coerced by the appointing authority may be revoked within seven (7)
calendar days after its expression, by serving written notice on the
Director of Human Resources and a copy on the ;appointing
authority.
B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was ,coerced, it
shall be revoked and the employee returned to duty effective on the
day following the appointing authority's acknowledgment without loss
of seniority or pay.
C. Contest. Unless within seven (7) days of the receipt of the;notice, the
appointing authority acknowledges that the resignation could have
been believed to be coerced, this question should be handled as an
appeal to the Merit Board. In the alternative, the employee may file a
written election with the Director of Human Resources waiving the
employee's right of appeal to the Merit Board in favor of the
employee's appeal rights under the grievance procedure contained
in Section 24 of the MOU beginning with Step 3.
D. Disposition. If a final decision is rendered that determines that the
resignation was coerced, the resignation shall be deemed revoked
and the employee returned to duty effective on the day following the
decision but without loss of seniority or pay, subject to the
employee's duty to mitigate damages.
SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION
23.1 Cause for Disciplinary Action. The appointing authority may
dismiss, suspend, demote, or reduce within class, any employee for cause. The
following are sufficient causes for such action; the list is indicative rather than
inclusive of restrictions and dismissal, suspension, reduction or demotion may be
based on reasons other than those specifically mentioned:
DSA RANK & FILE - 70 - 2005 - 2008 MOU
SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION
a. absence without leave,
b. conviction of any criminal act involving moral turpitude,
C. conduct tending to bring the merit system and/or Office of the Sheriff-
Coroner into disrepute,
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
g. being at work under the influence of liquor or drugs, carrying onto the
premises liquor or drugs or consuming or using liquor or drugs during
work hours and/or on County premises,
h. neglect of duty, (i.e. non-performance of assigned responsibilities),
i. negligent or willful damage to public property or waste of public
supplies or equipment,
j. violation of any lawful or reasonable regulation or order given by a
supervisor or department head,
k. willful violation of any of the provisions of the merit system ordinance
or Personnel Management Regulations,
I. material and intentional misrepresentation or concealment of any fact
in connection with obtaining employment,
M. misappropriation of County funds or property,
n. unreasonable failure or refusal to undergo any physical, medical,
and/or psychiatric exam and/or treatment authorized by this MOU,
o. dishonesty or theft,
P. excessive or unexcused absenteeism and/or tardiness,
q. sexual harassment, including but not limited to unwelcome sexual
advances, requests for sexual favors, and other verbal, or physical
conduct of a sexual nature, when such conduct has the purpose or
effect of affecting employment decisions concerning an individual, or
unreasonably interfering with an individual's work performance, or
creating an intimidating and hostile working environment.
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SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION
a
23.2 Skelly Requirements - Notice of Proposed Action (Skelly
Notice). Before taking a disciplinary action to dismiss, suspend for more than five
(5) work days (four (4) work days for employees on 4-10 work week; three (3)
work days for employees on a 3-12 work week), demote or reduce within class an
employee, the appointing authority shall cause to be served personally or by
certified mail, on the employee, a Notice of Proposed Action, which shall contain
the following:
a. A statement of the action proposed to be taken.
k`
b. A copy of the charges; including the acts or omissions and grounds
upon which the action is based.
C. If it is claimed that the employee has violated a rule or regulation of
the County, department or district, a copy of said rule shall be
included with the notice.
d. A statement that the employee may review and request copies of
materials upon which the proposed action is based.
e. A statement that the employee has seven (7) calendar days to
respond to the appointing authority either orally or in writing.
N-
23.3 Employee Response. The employee upon whom a Notice of
Proposed Action has been served shall have seven (7) calendar days to respond
to the appointing authority either orally or in writing before the proposed action
may be taken. Upon request of the employee and for good cause, the appointing
authority may extend in writing the period to respond. If the employee's response
is not filed within seven (7) days or during any extension, the right to respond is
lost.
23.4 Leave Pending Employee Response. Pending response to a
Notice of Proposed Action within the first seven (7) days or extension thereof, the
appointing authority for cause specified in writing may place the employee on
P.
temporary leave of absence, with pay.
23.5 Lenqth of Suspension. Suspensions without pay shall not exceed
thirty (30) days unless ordered by an arbitrator, an adjustment board or the Merit
Board.
23.6 Procedure on Dismissal, Suspension or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or demote an
employee having permanent status in a position in the merit system
after having complied with the Skelly requirements where applicable,
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SECTION 24 - GRIEVANCE PROCEDURE
the appointing authority shall make an order in writing stating
specifically the causes for the action.
B. Service of Order. Said order of dismissal, suspension, or demotion
shall be filed with the Director of 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 Appeals from Order. The employee may appeal an order
of dismissal, suspension or demotion either to the Merit Board or
through the procedures of Section 24 - Grievance Procedure of this
MOU provided that such appeal is filed in writing with the Director of
Human Resources within ten (10) calendar days after service of said
order. An employee may not both appeal to the Merit Board and file
a grievance under Section 24 of this MOU.
SECTION 24 - GRIEVANCE PROCEDURE
24.1 Definition. A grievance is any dispute which involves the
interpretation or application of any provision of this MOU excluding, however,
those provisions of this MOU which specifically provide that the decision of any
County official shall be final, the interpretation or application of those provisions
not being subject to the grievance procedure. The Association may represent the
employee at any stage of the process. Grievances must be filed within thirty (30)
days of the incident or occurrence about which the employee claims to have a
grievance and shall be processed in the following manner:
Step 1. Any employee or group of employees who believes that a provision of this
MOU has been misinterpreted or misapplied to his or her detriment shall discuss
the complaint with the employee's immediate supervisor, who shall meet with the
employee within five (5) days of receipt of a written request to hold such meeting.
Step 2. If a grievance is not satisfactorily resolved in Step 1 above, the employee
may submit the grievance in writing within ten (10) work days to such
management official as the department head may designate. This formal written
grievance shall state which provision of the MOU has been misinterpreted or
misapplied, how misapplication or misinterpretation has affected him or her to his
or her detriment, and the redress he or she seeks. A copy of each written
communication on a grievance shall be filed with the Director of Human
Resources. The department head or his or her designee shall have ten (10) work
days in which to respond to the grievance in writing.
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SECTION 24 - GRIEVANCE PROCEDURE
Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the employee
may appeal in writing within seven (7) work days to the Director of Human
Resources. The Director of Human Resources or designee shall have twenty (20)
work days in which to investigate the merit of the complaint and to meet with the
department head and the employee and attempt to settle the grievance and
respond in writing.
Step 4. No grievance may be processed under this Step 4 which has not first
been filed and investigated in accordance with Step 3 above and filed within
seven (7) work 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 grievance which arises and is presented during the term of this MOU, such
grievance shall be submitted in writing within seven (7) work days to an
Adjustment Board comprised of three (3) Association representatives, no more
than two (2) of whom shall be either an employee of the County or an elected or
appointed official of the Association presenting this grievance, and three (3)
representatives of the County, no more than two (2) of whom shall be either an
employee of the County or a member of the staff of an organization employed to
represent the County in the meeting and conferring process. The Adjustment
Board shall meet and render a decision within twenty (20) work days of receipt of
the written request.
Step 4 of the grievance procedure may be waived by the written mutual
agreement of the parties.
Step 5. If an Adjustment Board is unable to arrive at a majority decision, either
the employee (or the County, when alleging a violation of Section 24.5) may
require that the grievance be referred to an impartial arbitrator who shall be
designated by mutual agreement between the employee and the Director of
Human Resources. Such request shall be submitted within twenty (20) work days
of the rendering of the Adjustment Board decision. Within twenty (20) days of the
request for arbitration the parties shall mutually select an arbitrator. The fees and
expenses of the arbitrator and of the Court Reporter shall be shared equally by
the employee and the County. Each party, however, shall bear the costs of its
own presentation, including preparation and post hearing briefs, if any.
If the parties cannot initially agree on a neutral arbitrator, either may request a list
of five (5) arbitrators from the State Mediation and Conciliation Service. If they
cannot agree on an arbitrator from that list, they shall strike alternatively from the
list, with the first to strike to be determined by lot, and the last remaining name
shall be the arbitrator. u
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SECTION 24 - GRIEVANCE PROCEDURE
Scope of Adjustment Board and Grievance Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators on matters properly
before them shall be final and binding on the parties hereto, to the
extent permitted by law.
B. No Adjustment Board and no arbitrator shall entertain, hear, decide
or make recommendations on any dispute unless such dispute
involves a position in_ a unit represented by the Union which has
been certified as the recognized employee organization for such unit
and unless such dispute falls within the definition of a grievance as
set forth in Subsection 24.1 above.
C. Proposals to add to or change this MOU or to change written
agreements supplementary hereto shall not be arbitrable and no
proposal to modify, amend, or terminate this MOU, nor any matter or
subject arising out of or in connection with such proposals, may be
referred to arbitration under this Section. Neither any Adjustment
Board nor any arbitrator shall have the power to amend or modify
this MOU or written agreements 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 Step 3 above, or the Adjustment Board in pursuance of
the provisions of Step 4 above resolve a grievance which involves
suspension or discharge, they may agree to payment for lost time or
to reinstatement with or without payment for lost time.
E. No change in this MOU or interpretations thereof (except
interpretations resulting from Adjustment Board or arbitration
proceedings hereunder) will be recognized unless agreed to by the
County and the Union.
24.2 Notice to Association. An official, with whom a formal grievance is
filed by a grievant who is included in a unit represented by the Association, but is
not represented by the Association in the grievance, shall give the Association a
copy of the formal presentation.
24.3 Immediate Arbitration.
A. The DSA may waive the grievance procedure time limits specified in
this Section and proceed to Immediate Arbitration in any case where
the DSA alleges that the County is in violation of this Agreement in
so short a period of time as to disallow the DSA from proceeding
within the time limits of this Section. That is, the situation is one
where damages or back pay is not an appropriate remedy, one of
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SECTION 24 - GRIEVANCE PROCEDURE
"irreparable injury". For example, grievances involving disciplinary
actions where there is a loss of pay, compensation claims, and the
like will not be processed under the provisions of this section.
However, the method of proceeding to Immediate Arbitration must be
done consistent with the following provisions.
B. The affected employee(s), or the DSA, must first attempt-to resolve
the matter by meeting with the appropriate supervisor/manager, at
the Division level.
C. If the matter is not resolved, the DSA only may file a demand for
Immediate Arbitration.
D. The arbitration shall take place no earlier than the fifteenth (15th) day
following the request by the DSA for such Immediate Arbitration,
unless otherwise mutually agreed. During the two week period
(fourteen calendar days) immediately following the request for
Immediate Arbitration, the responding parry shall have the
opportunity to attempt to resolve the dispute.
E. Where the County is the responding party, the Sheriff and Director of
Human Resources, or their designated representatives jointly, shall
have the opportunity to meet with or otherwise communicate with
appropriate DSA representatives, in an attempt to resolve the
dispute. At this meeting the parties shall provide to each other as
much information pertinent to this case as is reasonably possible.
F. Once the request for Immediate Arbitration is filed, the parties shall
(even though dispute resolution discussions are going on' during the
two week period) attempt to agree upon a neutral arbitrator and to
obtain a date for arbitration hearing as soon as possible immediately
following the two week period.
G. The parties will attempt to have a standing list of available Immediate
Arbitrators. If the parties are unable to agree on an arbitrator, the
parties shall obtain a list of five (5) names from the State Mediation
and Conciliation Service. Each party may strike one name from the
list and of those arbitrators remaining on the list, the arbitrator who
can first hear the matter shall be selected. The parties may, by
mutual agreement, use another method of selecting the arbitrator.
H. The arbitrator shall have only the authority to decide issues involving
the interpretation or application of this MOU as described in
Subsection A herein. Furthermore, the arbitrator shall not have the
authority to add to, subtract from, change, or modify any provision of
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SECTION 24 - GRIEVANCE PROCEDURE
this MOU. This provision does not expand what is arbitrable under
this MOU.
I. Unless the parties agree otherwise, closing argument shall be
presented orally at the end of the hearing, and . if possible, the
arbitrator shall issue his ruling immediately thereafter.
J. Nothing herein shall preclude the parties from attempting to resolve
the dispute while the grievance is pending.
K. The parties shall attempt to have the arbitration proceedings
completed as quickly as possible.
L. Only four (4) such Immediate Arbitrations (as opposed to demands
for immediate arbitration) may be held in any fiscal year (July 1 -
June 30). However, the parties may mutually agree on Immediate
Arbitration, which shall not count as one of the four.
M. Until such time as four (4) arbitrations in a fiscal year have been held
pursuant to this section, the DSA agrees not to seek injunctive relief
to preserve the jurisdiction of the arbitrator.
N. If either party must file a petition to compel immediate arbitration
(under Section 24.3) because of the refusal of the other party to
agree to such immediate arbitration, then the losing party (petitioner
or respondent) shall pay reasonable attorney fees and costs to the
other party, not to exceed a maximum of $3,000.
24.4 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 MOU shall be considered
as grievances. Any other matters of compensation are to be resolved in the
meeting and conferring process, if not detailed in the MOU which results from
such meeting and conferring process ' shall be deemed withdrawn until the
meeting and conferring process is next opened for such discussion. No
adjustment shall be retroactive for more than six (6) months from the date upon
which the complaint was filed.
No change in this MOU or interpretations thereof (except interpretations resulting
from Adjustment Board proceedings hereunder) will be recognized unless agreed
to by the County and the Association.
24.5 Strike/Work Stoppage. During the term of this MOU, the
Association, its members and representatives, agree that it and they will not
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SECTION 24 - GRIEVANCE PROCEDURE
engage in, authorize, sanction, or support any strike, slowdown, stoppage, of
work, sickout, or refuse to perform customary duties.
In the case of a legally declared lawful strike against a private or public sector
employer which has been sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of physical harm shall not be a
required to cross the picket line, provided the employee advises his or her
supervisor as soon as possible, and provided further that an employee may be :
required to cross a picket line where the performance of his or her duties is of an
emergency nature and/or failure to perform such duties might cause or aggravate
a danger to public health or safety.
24.6 Merit Board. ,r
A. All grievances of employees in representation units represented by
the Association shall be processed under Section 24 unless the
employee elects to apply to the Merit Board on matters within its
jurisdiction.
4
B. No action under Steps 3 and 4 of Subsection 24.1 above shall be
taken if action on the complaint or grievance has been taken by the
Merit Board, or if the complaint or grievance is pending before the
Merit Board.
24.7 ' Filing by Association. The Association may file a grievance at Step
3 on behalf of affected employees when action by the County Administrator or the
Board of Supervisors violates a provision of this MOU.
24.8 Letters of Reprimand. Letters of reprimand are subject to the
grievance procedure but shall not be processed past Step 3 unless said letters
are used in a subsequent discharge, suspension or demotion of the employee. T
Letters of Reprimand shall be removed from an employee's file which -are five (5)
years old from the date issued unless subsequent disciplinary action has been
taken and sustained against the employee for the same type of offense withinx'
said five (5) year period in which case the Letter of Reprimand is not subject to
removal. However, where the subsequent disciplinary action consists of Letter(s) ;.
of Reprimand for the same type of offense, those letters (including the original
letter) will be removed from the employee's file after five (5) years pass from the
date the most recent letter is issued unless a different type of discipline (e.g.,
suspension, et al) for the same type of offense is taken and sustained during said
five (5) year period. Those Letters of Reprimand which have been placed in an
employee's file as a result of an Arbitrator's decision reducing a disciplinary action
to a Letter of Reprimand will be reviewed by the Sheriff who in his sole discretion
will determine whether the five (5) year removal period will apply.
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SECTION 24 - GRIEVANCE PROCEDURE
24.9 Corrective Counseling System. The Corrective Counseling System
is a method of training and counseling employees in an effort to improve behavior
and performance without the negative effects of lasting disciplinary measures. It
will hereafter consist of three phases, or levels, with procedures and policies for
administration developed within the Department. Placement into the Corrective
Counseling System is not subject to the grievance procedure.
There shall be no mention of the phase program in any employee's evaluation,
although the circumstances allegedly supporting the starting, the ending, or the
continuing of a phase, may be mentioned. This does not affect any other rights or
responsibilities of the parties with regards to the performance per se.
An employee placed into a Phase of the Corrective Counseling System may
appeal the placement through a formal department hearing process. Following
are the guidelines and procedures to be utilized in the process:
a. Hearing Officer. The phase placement appeal will be heard by the
Commander not in the employee's direct chain of command,
hereafter referred to as the Hearing Officer. The Hearing Officer has
the authority to set aside the phase placement completely or
decrease the phase to any lower level.
b. Notification of Intent to Appeal. Upon receipt of the Phase memo, the
affected employee has seven (7) calendar days to deliver written
documentation of an intent to appeal the phase placement. The
intent to appeal memo is to be addressed to the Hearing Officer, with
a copy to the employee's Division Commander. The appeal process
defers the starting date of the phase period.
C. Hearing Date. Upon receipt of the intent to appeal memo, the
Hearing Officer will schedule a hearing date and notify the affected
employee at least seven (7) calendar days prior to the hearing date.
The hearing date shall be within twenty-one (21) calendar days of
the Hearing Officer's receipt of the intent to appeal unless one of the
primary parties involved is unavailable, in which case the hearing will
be scheduled as soon as practical upon the return to work of the
parties.
d. The Hearing. For Phase I and II actions, the employee may submit a
written request for hearing to the Hearing Officer. The Hearing
Officer will review the request and determine if there is a basis for a
formal hearing. An alternate informal process exists which would
allow the employee and his/her representative to meet and discuss
the phase placement in accordance with the established open door
policy of the Department.
For Phase III appeals, the Hearing Officer will determine the parties
to be present at the hearing, except that the affected employee will
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SECTION 25 - DEPARTMENT INVESTIGATIONS
Y
be present, and a maximum of two (2) representatives of *the
employee's choice.
In general, witnesses will not be called or allowed; however; the
affected employee may submit written statements from the employee
(or others) which will support the appeal.
The entire appeal hearing will be tape recorded. The tape will be
kept (and be available) in the Administration Division, and will be
erased when the phase is no longer in effect. Upon his request and
at his expense, the employee may tape the hearing.
The Hearing Officer will weigh all testimony and attempt to determine
the facts surrounding the phase placement.
e. Results. The Hearing Officer will report his decision in a brief memo
to the employee within five (5) business days of the hearing.
If the decision upholds the original recommendation or decreases the
phase level, the phase period begins on the date of the Hearing
Officer's decision.
If the Hearing Officer determines that a phase was not appropriate,
all reference to the phase incident and hearing will be immediately
purged from the personnel file, and the Hearing Officer's written
decision will be sent to the affected employee.
SECTION 25 - DEPARTMENT INVESTIGATIONS
It has always been and shall continue to be, the Sheriffs position that all internal
investigations shall be conducted in a professional and timely manner. The scope
and intent of all legal and policy mandates shall be adhered to during all phases
of the investigation. This includes that the confidentiality of all information gained
during the inquiry shall be consistent with present legal restraints relative to
discovery and disclosure.
SECTION 26 - LABOR MANAGEMENT COMMITTEE
A. There shall be established a Labor/Management Committee to
maximize communications between the parties in the area of labor
relations.
B. There shall be four (4) representatives of Management and four (4)
representatives of the Association, with the DSA representatives
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SECTION 27 - PREMIUM PAYS
time treated as if the meeting were held under Government Code
Section 3505.
C. The meetings shall begin in the first full month after the adoption by
the Board of Supervisors of this MOU and continue every other
month thereafter.
SECTION 27 - PREMIUM PAYS
27.1 Non-Sworn Training Officer Program. Non-sworn Training Officer
assignments are for a one (1) year period; each year current non-sworn Training
Officers must be reevaluated for assignment to non-sworn Training Officer status.
It is further understood that the designation as a non-sworn Training Officer shall
be at the sole discretion of the Sheriff.
Non-sworn Training Officers will receive a flat $200 per month for period so
assigned, regardless of whether or not they are actually training during the
month.
27.2 Lead Deputy Sheriff/Corporal Assignment.
A. Effective October 1, 1999, a Lead Deputy Sheriff/Corporal
assignment is established to assist with training and other duties to
be determined by the process set forth in Section 49.13 -
Labor/Management Committee. A Lead Deputy Sheriff/Corporal will
receive an increase of five percent (5%) of base salary for the period
so assigned. It is further understood that the assignment as a Lead
Deputy Sheriff/Corporal shall be at the sole discretion of the Sheriff.
B. Effective October 1, 1999, all Deputy Sheriffs currently designated as
Training Officers shall receive the five percent (5%) increase in base
salary set forth in Section 27.2.A above, in lieu of the $200 per
month premium pay they previously received as Training Officers.
C. A Lead Deputy Sheriff/Corporal assignment as a Training Officer is
for a one (1) year period; each year, current Lead Deputy
Sheriff/Corporals assigned as Training Officers must be reevaluated
for assignment to Lead Deputy Sheriff/Corporal status. It is further
understood that the assignment as a Lead Deputy Sheriff/Corporal
shall be at the sole discretion of the Sheriff.
27.3 Investigators. Effective January 1, 2007 Investigators assigned to
the Investigations Division will receive a flat increase of$218 per month for period
so assigned.
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SECTION 28- RETIREMENT CONTRIBUTION
27.4 Hazard Pay for Non-Sworn Detention Division. The County shall
pay.a five (5%) differential above the base rate of pay for non-sworn employees
assigned to the Detention Division effective the first pay period after adoption of
this MOU by the Board of Supervisors.
27.5 Longevity Pay (Non-Sworn). Effective July 1 , 2008, non-sworn
employees at ten (10) years of County service shall receive a two and one-half
percent (2.5%) longevity pay differential. County agrees to pay such benefit
regardless of the term of the MOU.
27.6 Longevity Pay (Sworn). County and DSA. agree to delete the
benefits provided for in Section 27 Physical Fitness Health Care in the 1998-2001
MOU, except as it applies to Sheriffs Aides, and replace it with the following
language:
Upon completion of fifteen (15) years sworn service, employees shall '
be eligible for a five percent (5%) base salary differential.
r.
SECTION 28- RETIREMENT CONTRIBUTION
28.1 Employer/Employee Contributions.
A. Pursuant to Government Code Section 31581.1, the County will
continue to pay fifty percent (50%) of the retirement contributions
normally required of employees. Such payments shall continue for
the duration of this MOU, and shall terminate thereafter. Employees
shall be responsible for payment of the employee's contribution for
the retirement cost of living program as determined by the Board of
Retirement of the Contra Costa County Employees' Retirement
Association without the County paying any part of the employee's
share. The County will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
B. Employees represented by DSA who are Tier II members of the
Contra Costa County Employees' Retirement Association (CCCERA)
are entitled to elect to become Tier III- members as provided in
Subsection 1 below. DSA members who elect Tier III membership
will be required to fund any increased costs as provided in
Subsection 2, below.
1 . Employees represented by DSA enrolled in Tier II who have
attained five (5) years of retirement credited service, shall
have a ninety (90) days from the date of said five (5) year
'x-
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SECTION 28- RETIREMENT CONTRIBUTION
anniversary to make a one time irrevocable election of the Tier
III Retirement Plan.
2. The County's employer contributions and subvention of
employee contributions for members of the DSA electing Tier
III, which exceed those which would be required for Tier III
membership as of October 1, 1998, shall be paid by the
employees in the bargaining unit, subject to the following:
a. The amount of the employee's retirement contribution
shall be established by the County Employees'
Retirement Association and shall be based on the
employee's age at entry into the retirement system.
b. If the County's retirement costs increase after October
1, 1998 as a result of the operation of Tier III, or if the
CCCERA's actuaries determine in future years that the
County's retirement costs have increased and that the
increase is attributable to the impact of Tier III on the'
County's retirement costs after October 1, 1998, such
increase shall be funded by reducing the general wage
increase(s) agreed upon in future years, to the extent
that future wage increases are granted; and the general
wage increase(s) of all employees represented by DSA
shall be reduced accordingly, provided that such
increased costs shall be charged to the bargaining unit
only to the extent that the increased costs exceed
$72,000 per year.
C. In the event the County and the Labor Coalition reach
an agreement which is effective during the term of this
MOU that provides that the County will not seek
reimbursement for increases in the County's retirement
costs attributable to the creation of Tier III and/or the
impact of Tier III on the County's retirement costs as
specified in the previous paragraph, the County will
apply the same proportional cost rationale and formula
to this section.
Effective October 1, 2002, Tier 2 of the retirement plan shall be eliminated and all
employees in Tier 2 of the retirement plan shall be placed in Tier 3.
Employees in Tier 2 with ten (10) or more years of County/District service, will be
eligible to participate in the County's buy back program. Employees may replace
Tier 2 benefits with Tier 3 benefits as follows:
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SECTION 28- RETIREMENT CONTRIBUTION
1. Employee buys back two (2) years, County will buy back one (1) year'for a'
total of three (3) years of buyback.
2. Employee buys back four (4) years, County will buy back two (2) years for a
total of six (6) years of buyback.
3. Employee buys back six (6) years, County will buy back three (3) years for a
total of nine (9) years of buyback.
28.2 Safety Retirement Tiers- Current Employees
A. The parties agree to reopen this agreement to negotiate 1) the
establishment of new safety retirement tiers for sworn employees
who are members of the DSA bargaining unit and are employed by
the County as of December 31, 2006; and 2) such employees'
payment of a percentage of their retirement base to pay part of the
employer's contribution for the cost of each retirement tier. This
reopener is contingent upon the occurrence of all of the following:
1. Enactment of SB 24;
2. The parties' execution of a Memorandum of
Understanding that includes among other things, the
provisions expressed herein.
3. The County's receipt of a Private Letter Ruling from the IRS
that protects the County and DSA members hired prior to
January 1, 2007 from additional tax liability if said DSA
members have the opportunity to elect new retirement tiers
through the implementation of SB 524.
Absent mutual agreement on the establishment of new safety
retirement tiers and/or the employees' payment of a percentage of
their retirement base to pay part of the employer's contribution for
the cost of each tier, no new tiers shall be established, and the
employees' payment towards the employer's contribution will be
unchanged.
B. The following tiers would be established:
1. In Safety Tier A, the retirement formula is "3 Percent at 50."
The cost of living adjustment (COLA) to the retirement
allowance shall not exceed three (3) percent per year. The
employee's final compensation shall be based on,a twelve
(12) month salary average.
i
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SECTION 28- RETIREMENT CONTRIBUTION
2. In Safety Tier B, the retirement formula is "3 Percent at 55."
The cost of living adjustment (COLA) to the retirement
allowance shall not exceed two (2) percent per year. The
employee's final compensation shall be calculated based on a
twelve (12) month salary average.
3. In Safety Tier C, the retirement formula is "3 Percent at 50."
The cost of living adjustment (COLA) to the retirement
allowance shall not exceed two (2) percent per year. The
employee's final compensation shall be calculated based on a
thirty-six (36) month salary average.
C. Method of Election.
1. Upon the occurrence of all of the following:
a. all of the contingencies listed in item A are met and
the parties have reached the agreement referenced
in item A;
b. actuarial studies by the County and by the Contra Costa
County Employees Retirement Association
("CCCERA",) have been completed;
C. the Board of Supervisors has adopted an ordinance
or resolution making Government Code Section
31484.9 operative in this County;
d. the Board of Supervisors has adopted such other
ordinances or resolutions as may be necessary to
implement the agreement referenced in item A;
e. as required by section 31484.9, the County has
prepared written information about the change in
benefits for employees who elect to enter a new tier;
and
f. CCCERA has taken any other actions that may be
necessary to implement the agreement referenced
in item A;
the County shall work with CCCERA to provide a time period of no
less than three (3) calendar months during which sworn members of
the DSA bargaining unit who are County employees as of December
31, 2006, may make a written irrevocable election to 1) waive and
release all rights to retirement benefits under Safety Tier A for the
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SECTION 28- RETIREMENT CONTRIBUTION
period of service following the election and 2) enter either Safety Tier '
B or Safety Tier C for the period of service following the election.
2. An employee who elects to enter Safety Tier B or Safety
Tier C shall have his or her retirement benefits calculated
on the basis of Safety Tier A for the period of service prior
to the election.
D. The parties agree that the provisions of Government Code
section 31484.9 shall apply to sworn members of the Deputy
Sheriffs Association.
28.3 Payment of Employer Contribution. Beginning October 1, 2006
and through the term of this Memorandum of Understanding and any extension
thereof, a sworn member of the DSA bargaining unit who was employed by the
County as of December 31, 2006 shall pay three percent (3%) of his or her
retirement base to pay part of the employer's contribution for the cost of Safety
Tier A. This is a reduction in the amount sworn DSA members have been
required to pay toward the employer's contribution for the cost of Safety Tier A
under the 2002 Memorandum of Understanding (This started as a 2.25%
deduction in the initial year, and then became a 9 % deduction). "Retirement
base" means base salary and other payments, such as salary differential and flat
rate pay allowances, used to compute retirement benefits.
28.4 Thirty Years of Continuous Service as a Safety Member.
Effective January 1 , 2007 through the term of this Memorandum of
Understanding and any extensions thereof, a DSA member with credit for more
than 30 years of continuous service as a safety member shall not make payments
from his or her retirement base to pay part of the employer's contribution for
the cost of Safety Tier A.
28.5 Safety Retirement Tiers- Employees Hired or Rehired after
December 31, 2006
A. For sworn employees hired by the County after December 31,
2006, the retirement formula shall be "3 Percent at 50". The cost
of living adjustment (COLA) to the retirement allowance shall
not exceed two (2) percent per year. The employee's final
compensation shall be based on his or her highest thirty six
(36) month salary average. Effective January 1, 2007 through the
term of the Memorandum of Understanding and any extension
thereof, the employee will pay two and one-tenths percent
(2.1%) of his or her retirement base to pay part of the
employer's contribution for the cost of this retirement benefit.
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SECTION 29- SAFETY
Safety Tiers A and B are closed to all employees initially hired
after December 31, 2006.
B. Employees who left County service prior to December 31, 2006
and are rehired after that date shall not be eligible to elect a
retirement tier. Such rehired employees shall be automatically
placed in that retirement tier for which they are eligible under
the County Employees Retirement Law.
SECTION 29- SAFETY
The County shall expend every effort to see to it that the work performed under
the terms and conditions of this MOU is performed with a maximum degree of
safety consistent with the requirement to conduct efficient operations.
SECTION 30- MILEAGE
Mileage allowance for the use of personal vehicles on County business shall be
paid according to the rates allowed by the Internal Revenue Service and shall be
adjusted to reflect changes in this rate on the date it becomes effective or the first
of the month following announcement of the changed rate by the Internal
Revenue Service, whichever is later.
SECTION 31- PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error in the amount of
compensation to be received and if this error occurred as a result of a mistake by
the Auditor-Controller's Department, it is the policy of the Auditor-Controller's
department that the error will be corrected and a new warrant issued within forty-
eight (48) hours, exclusive of Saturdays, Sundays and holidays from the time the
department is made aware of and verifies that the pay warrant is in error.
Pay errors discovered by the County on or after August 1, 1984 found in
employee pay shall be corrected as soon as possible as to current pay rate but
that no recovery of either overpayments or underpayments to an employee shall
be made retroactively except for the six (6) month period immediately preceding
discovery of the pay error. This provision shall apply regardless of whether the
error was made by the employee, the appointing authority or designee, the
Director of Human Resources or designee, or the Auditor-Controller or designee.
Recovery of fraudulently accrued over or underpayments are excluded from this
section for both parties.
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SECTION 32- PROVISIONAL APPOINTMENT
When the County notifies an employee of an overpayment and proposed
repayment schedule and the employee wishes to meet with the County, a
meeting will be held at which time a repayment schedule shall be determined.
If requested by the employee, an Association representative may be present at a
meeting with management to discuss a repayment schedule in the case of
overpayments to the employee.
SECTION 32- PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for personnel to fill a position
in a class for which no reemployment or employment list is available, or in a class
for which no eligible or insufficient eligibles to complete the certification will
accept appointment to the position, the Director of Human Resources may
authorize the appointing authority to appoint any person who possesses the
minimum qualifications for the class as set forth in the class specifications,
provided that the names of eligibles available and the names of persons who
have indicated their intention to take the next examination for the class shall be
referred to the appointing authority at the time authorization is issued.
In no case shall a permanent position be filled by a provisional appointment for a
period exceeding six (6) calendar months except under the following conditions:
a. If an examination has been announced for the class and recruitment
of applicants is in process, the Director of Human Resources may
authorize a continuation of provisional appointments until an eligible
list is established.
b. In case of a provisional appointment to a permanent position vacated
by a leave of absence, such provisional appointment may be
continued for the duration of said leave.
A provisional appointment shall be terminated within thirty (30) days after the date
of certification of eligibles from an appropriate eligible list.
All decisions of the Director of Human Resources relative to provisional
appointments are final and not subject to the grievance procedure.
Before filling a position by a provisional appointment, the appointing authority
shall post notice and shall consider current qualified employees for the
appointment. Only if there are insufficient internal applicants to constitute a full
certification may the appointing authority consider applicants from outside County
service.
DSA RANK & FILE - 88 - 2005 - 2008 MOU
,
SECTION 33- PERSONNEL FILES
SECTION 33- PERSONNEL FILES
An employee shall have the right to inspect and review any official record(s)
relating to his or her performance as an employee or to a grievance concerning
the employee which is kept or maintained by the County in the employee's
personnel file in the Human Resources Department or in the employee's
personnel file in their department. The contents of such records shall be made
available to the employee for inspection and review at reasonable intervals during
the regular business hours of the County.
The County shall provide an opportunity for the employee to respond in writing to
any information which is in the employee's personnel file about which he or she
disagrees. Such response shall become a permanent part of the employee's
personnel record. The employee shall be responsible for providing the written
responses to be included as part of the employee's official personnel file. This
section does not apply to the records of an employee relating to the investigation
of a possible criminal offense, medical records and information or letters of
reference.
All documents pertaining to disciplinary actions shall be placed in an official
personnel file maintained by the Human Resources Department or in an official
personnel file maintained by their department. Copies of written reprimands or
memoranda pertaining to an employee's unsatisfactory performance which are to
be placed in the employee's personnel file shall be given to an employee who
shall have the right to respond in writing to said documents. Letters of reprimand
are subject to the grievance procedure but shall not be processed past Step 3
unless said letters are used in a subsequent discharge, suspension or demotion
of the employee. Copies of letters of commendation which are to be placed in the
employee's personnel file will be given to the employee. Employees have the
right to review their official personnel files which are maintained in the Human
Resources Department or by their department. In a case involving a grievance or
disciplinary action, the employee's designated representative may also review his
or her personnel file with specific written authorization from the employee.
The Association will be given a list of all types of personnel files maintained by
the Sheriff.
SECTION 34- SERVICE AWARDS
The County shall continue its present policy with respect to service awards
including time off; provided, however, that the type of award given shall be at the
sole discretion of the County.
The following procedures shall apply with respect to service awards:
DSA RANK & FILE 89 - 2005-2008 MOU
a. Presentation Before the Board of Supervisors. An employee with
twenty (20) or more years of service may go before the Board of
Supervisors to receive his/her Service Award. When requested by a
department, the Human Resources Department will make
arrangements for the presentation ceremony before the Board of
Supervisors and notify the department as to the time and date of the
Board meeting.
b. Service Award Day Off. Employees with fifteen (15) or more years of
service are entitled to take a day off with pay at each five (5) year
anniversary.
SECTION 35 - REIMBURSEMENT FOR MEAL EXPENSEVCHARGE FOR
DETENTION DIVISION MEALS
A. Reimbursement for Meal Expenses.
Employees shall be reimbursed for meal expenses 'under the
following circumstances and in the amount specified:
1. When the employee is required to be out of his/her regular or
normal work area during a meal hour because of a particular
work assignment and with prior approval of the department
head or his designee.
2. When the employee is required to stay over to attend
consecutive or continuing afternoon and night sessions of a
board or commission.
3. When the employee is required to incur expenses as host for
official guests of the County, work as members of=examining
boards, official visitors, and speakers or honored guests at
banquets or other official functions.
4. When the employee is required to work three (3) or more
hours of overtime; in this case he or she may be reimbursed in
accordance with the Administrative Bulletin on Expense
Reimbursement.
Meal costs will be reimbursed only when eaten away from
home or away from the facility in the case of employees at 24-
hour institutions.
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SECTION 36- COMPENSATION FOR LOSS OR DAMAGE TO
PERSONAL PROPERTY
Procedures and definitions relative to reimbursement for meal
expenses shall be in accordance with the Administrative
Bulletin on Expense Reimbursement.
B. Charge for Detention Division Meals.
Personnel represented by the DSA and permanently assigned to the
Detention Division will have fifteen dollars ($15.00) per month
deducted from their pay checks in exchange for meals provided by
the Department. The employee may choose not to eat facility food. In
that case no fees will be deducted.
Employees will indicate their option upon transfer into the Detention
Division and, during the month of January each year, employees
may make a new determination. Current Detention employees will
have the month following ratification of the contract to exercise their
option.
SECTION 36- COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL
PROPERTY
36.1 Conditions. The loss or damage to personal property of employees
is subject to reimbursement under the following conditions:
a. The loss or damage must result from an event which is not normally
encountered or anticipated on the job and which is not subject to the
control of the employee.
b. Ordinary wear and tear of personal property used on the job is not
compensated.
C. Employee tools or equipment provided without the express approval
of the department head and automobiles are excluded from
reimbursement.
d. The loss or damage must have occurred in the line of duty.
e. The loss or damage was not a result of negligence or lack of proper
care by the employee.
f. The personal property was necessarily worn or carried by the
employee in order to adequately fulfill the duties and requirements of
the job.
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SECTION 37- UNFAIR LABOR PRACTICE
g. The loss or damage to an employee's dentures or other prosthetic
devices did not occur simultaneously with a job connected injury
covered by Workers' Compensation.
h. The amount of reimbursement shall be limited to the actual cost to
repair damages. Reimbursement for items damaged beyond repair
shall be limited to the actual value of the item at the time of loss or
damage but not more than the original cost.
i. The burden of proof of loss rests with the employee.
j. Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to
Personal Property.
36.2 Policies & Practices. The employer will continue its present policies
and practices with regard to loss or damage to personal property. This MOU
provision does not constitute a waiver by the DSA or an affected employee to
litigate in court the legality of portions of the policies dealing with limiting
reimbursement because of alleged employee negligence or wrongdoing.
SECTION 37- UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor practice as defined in
Chapter 34-22 of the Board of Supervisors Resolution 81/1165 against the other
(see Attachment C). Allegations of an unfair labor practice, if not resolved in
discussions between the parties, shall be heard by a mutually agreed upon
impartial third party.
SECTION 38- LENGTH OF SERVICE DEFINITION (for service awards and
vacation accruals)
The length of service credits of each employee of the County shall date from the
beginning of the last period of continuous County employment (including
temporary, provisional, and permanent status, and absences on approved leave
of absence). When an employee separates from a permanent position in good
standing and within two (2) years is reemployed in a permanent County position,
or is reemployed in a permanent County position from a layoff list within the
period of layoff eligibility, service credits shall include all credits accumulated at
time of separation, but shall not include the period of separation. The Director of
Human Resources shall determine these matters based on the employee status
records in the Human Resources Department.
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SECTION 39- PERMANENT PART-TIME EMPLOYEE BENEFITS
SECTION 39- PERMANENT PART-TIME EMPLOYEE BENEFITS
Permanent part-time employees receive prorated vacation and sick leave
benefits. They are eligible forhealth, dental and life insurance benefits at
corresponding premium rates providing they work at least fifty percent (50%) of
full time. If the employee works at least fifty percent (50%) of full time, County
retirement participation is also included.
SECTION 40- PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated vacation and sick
leave benefits.
SECTION 41 - PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN
A permanent-intermittent employee represented by the DSA may participate in
the County Group Health Plan wholly at the employee's expense. The County will
not contribute to the employee's monthly premium. The employee will be
responsible for paying the monthly premium appropriately and punctually. Failure
to meet the premium deadline will mean automatic and immediate withdrawal
from the County Group Health Plan and reinstatement may only be effectuated
during the annual open enrollment period.
SECTION 42- PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees of the County
immediately prior to their provisional appointment, are eligible for vacation and
sick leave benefits.
Provisional employees may participate in the County Group Health Plan wholly at
the employee's expense. The County will not contribute to the employee's
monthly premium. The employee will be responsible for paying the monthly
premium appropriately and punctually. Failure to meet the premium deadline will
mean automatic and immediate withdrawal from the County Group Health Plan
and reinstatement may only be effectuated during the annual open enrollment
period.
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SECTION 43- LUNCH PERIOD
Employees assigned to either the Investigation Division or the Criminalistics
Laboratory may select either a one-half (1/2) hour or one (1) hour lunch period, it
being understood that such selection should be for periods of no less than three
(3) months; it being further understood that the Department retains the right to
assign starting times.
SECTION 44- COMPENSATION FOR OFF-DUTY CANINE CARE
1. Compensable Off-Duty Ordinary Canine Care: Compensable off-duty
ordinary canine care includes, but is not limited to, handling, caring,
feeding, exercising, grooming, bathing, kennel cleaning, cleaning of County
vehicles, and ordinary transport to and from the veterinarian, but does not
include commute time which is not compensable. The amount of
compensable off-duty ordinary canine care for employees assigned to the
Canine Program (canine handlers) is 14 hours per 28-day work period, (30
minutes per day). This amount is a good faith estimate, intended to be
comprehensive, accurate and inclusive of all pertinent facts. The parties
agree that off-duty ordinary canine care time in excess of this agreed-upon
time is not authorized and is not compensable.
2. Compensation: In each 28-day work period, canine handlers, will work
regular duty time, plus 14 hours of compensable off-duty ordinary canine
care work -- i.e., 174 hours in a 28-day period. For the hours worked over
171 to 174 hours in each 28-day work period, canine handlers will be paid
overtime for the three hours (using the half time method) at the applicable
rate, plus any additional contract premium needed to ensure that the total
per month for regular, off duty canine care per canine handler amounts to
$200. Hours worked over 174 in a 28 day period shall be paid at the
applicable contract overtime rate.
Canine handlers will also be eligible for paid overtime for emergency off-
duty canine care (which is over and beyond ordinary canine care), provided
the canine handler reports such occurrence in writing to his or her
supervisor as soon as possible, and no later than the first shift worked after
the emergency occurrence.
Effective January 1, 2007, the above $200 per month premium for off duty
canine care shall be increased to $245.25 per month.
3. Canine Expenses: The County will pay veterinarian (visits, procedures,
and prescriptions), kenneling, and food expenses related to participating
DSA RANK & FILE - 94 - 2005 - 2008 MOU
canines. The County will pay up to $750, on a one-time basis and not
exceeding actual cost, for a home kennel.
4. Miscellaneous: The parties agree that the compensation paid for off-duty
canine care under this MOU fully satisfies the County's obligations under
the Fair Labor Standards Act ("FLSA"), and is limited to $200 per month
(effective October 1, 2003, $225 per month). In the event any claim is
made that this compensation does not fully satisfy the County's obligations
under the FLSA, contrary to the mutual intent of the parties, the County
may require a re-opener regarding the Canine Program to ensure
compliance with the FLSA and to effectuate the intent of the parties.
SECTION 45- BILINGUAL PAY
SWORN:
Effective January 1, 2007, a salary differential of sixty-five dollars $70.85 per
month shall be paid incumbents of positions requiring bilingual proficiency as
designated by the appointing authority and Director of Human Resources. Said
differential shall be prorated for employees working less than full time and/or who
are on an unpaid leave of absence for a portion of any given month. Designation
of positions for which bilingual proficiency is required is the sole prerogative of the
County. The Union shall be notified when such designations are made.
NON-SWORN:
Effective January 1, 2007, the current Bilingual rate for non-sworn personnel shall
be increased to one hundred dollars ($100).
SECTION 46- UNIFORM ALLOWANCE/S.W.A.T. UNIFORM
46.1 Uniform Allowance. Effective January 1, 2007, employees eligible
for the uniform allowance will receive a total of eight hundred seventy two dollars
($872) per year.
The above paragraph applies to employees in the following classifications:
Sergeant, Deputy Sheriff, Deputy Sheriff-Recruit, Sheriffs Dispatcher I and II,
Supervising Sheriffs Dispatcher, Sheriffs Aide, Rangers, and Sheriffs Specialist.
46.2 Uniform Allowance Method of Payment. Effective July 1 , 1994
employees who are eligible for the uniform allowance will receive such allowance
included in their monthly pay warrants.
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SECTION 47- PEACE OFFICER TRAINING
46.3 S.W.A.T. Uniform. The department shall provide all employees
accepted into S.W.A.T. with the necessary uniform and equipment.
SECTION 47- PEACE OFFICER TRAINING
47.1 Incentive Program - Purposes. In accordance with the policies
expressed in Penal Code Sections 13500 and following and Chapter 2 of Title 11
of the California Administrative Code (Sections 1000 and following); and to attract
law enforcement officers with high education standards, to broaden the
professional experience of present officers and to maintain a high quality police
service to cope with increased demands placed upon this function, there is
established the following career incentive program, which provides a career
incentive allowance based on two and one-half percent (2.5%) of base pay for
possessing the first P.O.S.T. certificate (intermediate) not required by the minimal
qualifications of the class and an additional allowance based on two and one-half
percent (2.5%) of base pay per month for possessing a second P.O.S.T.
certificate (advanced) not required by the minimal qualifications of the class.
47.2 Incentive Program - Definitions. Unless otherwise specified or
required by the context the following terms have the following meanings:
"Officer" means any peace officer member of the Sheriffs Department who
occupies a permanent full-time position, in pay status, as a peace officer in this
County.
"Intermediate peace officers standards and training certificate" and "advanced
peace officer standards and training certificate" have the meanings defined in the
regulations of the Commission on Peace Officer Standards and Training of the
California State Department of Justice. (P.O.S.T.)
47.3 Incentive Program - Intermediate Certificate. Every officer in the
classes of: Deputy Sheriff, Deputy Sheriff-Criminalist I, 11, III and Sergeant in the
Sheriffs Department shall receive a career incentive allowance of two and one-
half percent (2.5%) of base pay per month for the possession of a valid
intermediate P.O.S.T. certificate.
47.4 Incentive Program - Advanced Certificate. Every in the classes of:
Deputy Sheriff, Deputy Sheriff-Criminalist I, II, III and Sergeant in the Sheriffs
Department shall receive a career incentive allowance of two and one-half
percent (2.5%) of base pay per month for the possession of a valid: advanced
P.O.S.T. certificate. This is in addition to the two and one-half percent (2.5%)
allowance for the intermediate certificate.
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SECTION 48- CRITICAL INCIDENT
47.5 Incentive Program - Pay Status. These allowances shall be in
addition to regular compensation and shall not be considered part of the base pay
for payroll computation purposes.
47.6 Deletion of Continuing Education Requirement. There shall be no
continuing education requirement to be entitled to the above allowances.
SECTION 48- CRITICAL INCIDENT
In the event the act or omission of a sworn officer causes the death or serious
injury of another person, the officer's Division Commander shall place the
employee on Administrative Leave (with pay) for the seventy-two (72) hours
immediately following the incident.
SECTION 49- STUDIES/PROJECTS/COMMITTEES
A. Fair Labor Standards Act (FLSA). Parties agree to seek an opinion
from the Department of Labor regarding the following County
proposal: "As provided for under Section 7(k) of the Fair Labor
Standards Act (FLSA), overtime pay at the FLSA overtime rate is
only required for hours actually worked in excess of the established
171 hour maximum in each 28 day work period." DSA's attorney
shall provide the Association's position, in writing, to County
Counsel; the final letter is to be mutually agreed upon. Parties will
abide by the decision of Department of Labor and maintain status
quo until decision received.
B. Labor/Management Committee.
1. The parties agree to move the following issues to the
Labor/Management Committee for further discussion:
Soft Body Armor
Utility Uniforms
Firearms Training
Optional Firearms
Military Leave
2. The DSA and the Department will jointly evaluate the feasibility
of leasing rather than purchasing department vehicles.
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SECTION 50- ADOPTION
3. The DSA, the Department and the Generale Services
Department shall work jointly to review and suggest
modifications to the vehicle maintenance program.
4. Effective upon approval of a new MOU, the
Labor/Management Committee is authorized to discuss the
additional duties of the Lead Deputy Sheriff/Corporal
assignments. The Labor/Management Committee shall have
no authority to modify the assignment process for either Lead
Deputy Sheriff/Corporals as set forth in Section 27.2:C, or non-
sworn Training Officers as set forth in Section 27.1 .
If the Labor/Management Committee fails to reach agreement,
the Sheriff's Department reserves the right to meet and confer
with the DSA as required regarding the Lead Deputy
Sheriff/Corporal assignment.
SECTION 50- ADOPTION
The provisions of this MOU shall be made applicable on the dates indicated and
upon approval by the Board of Supervisors. Resolutions and Ordinances, where
necessary, shall be prepared and adopted in order to implement these provisions.
It is understood. that where it is determined that an Ordinance is required to
implement any of the foregoing provisions, said provisions shall become effective
upon the first day of the month following thirty (30) days after such Ordinance is
adopted.
SECTION 51 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION
51.1 Scope of Agreement. Except as otherwise specifically provided
herein, this MOU fully and completely incorporates the understanding of the
parties hereto and constitutes the sole and entire agreement between the parties
in any and all matters subject to meet and confer. Neither party shall, during the
term of this MOU, demand any change herein, provided that nothing herein shall
prohibit the parties from changing the terms of this MOU by mutual agreement.
The Union understands and agrees that the County 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.
51.2 Separability of Provisions. Should any section, clause or provision
of this MOU 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 MOU.
DSA RANK & FILE - 98 - 2005 - 2008 MOU
SECTION 52 - PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING
51.3 Personnel Management Regulations. Where a specific provision
contained in a section of this MOU conflicts with a specific provision contained in
a section of the Personnel Management Regulations, the provision of this MOU
shall prevail. It is recognized, however, that certain provisions of the Personnel
Management Regulations may be supplementary to the provisions of this MOU or
deal with matters not within the scope of representation and as such remain in full
force and effect.
51.4 Duration of Agreement. This Agreement shall continue in full force
and effect from October 1, 2005 to and including June 30, 2008.
SECTION 52 - PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING
Continuance of working conditions and past practices not specifically authorized
by ordinance or by resolution of the Board of Supervisors is not guaranteed by
this MOU; provided, however, that only during the term of this MOU which expires
September 30, 2005, the Association may claim a violation of a past practice. If
the Association can demonstrate that such past practice exists by virtue of having
been acknowledged and agreed to by Management and representatives of the
Association or by employees represented by the Association who reach
agreement with the Department Head on a specific policy covering a group of
employees such as a reassignment policy, the alleged violation of said past
practice will be subject to the grievance procedure. Those practices which have
been agreed to by Management and not approved by the Department Head must
be confirmed and approved by the Department Head within six (6) months from
the below execution date .of this MOU in order to be considered a past practice
pursuant to this provision.
The execution of this MOU does not preclude the DSA from continuing to
negotiate with the County regarding the establishment of a Labor-Management
Trust Committee and the authorities and responsibilities of said committee.
Date:
CONTRA COSTA COUNTY DSA
DSA RANK & FILE - 99 - 2005-2008 MOU
�Mgt .0
SECTION 52 - PAST PRACTICES AND EXISTING MEMORANDA 'OF
UNDERSTANDING
DSA RANK & FILE - 100 - 2005 - 2008 MOU
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IT
ATTACHMENTS
A. SHERIFF'S AIDEISPECIALIST TRANSFER POLICY AND
PROCEDURE
B. CLASS LISTING
C. EMPLOYEE RELATIONS ORDINANCE- UNFAIR PRACTICE
D. PROJECT POSITIONS
E. COMPENSATION PAID SERGEANTS ASSIGNED TO
DEPUTY SHERIFF POSITIONS
ATTACHMENT A
I
SHERIFF'S AIDE/SPECIALIST TRANSFER POLICY AND PROCEDURES
l. When a Sheriffs Aide or Specialist vacancy occurs in any Division, the
Personnel Officer will announce the vacancy. Included in the announcement
will be a brief job description, the current job classification, and a contact
person in the Division where the vacancy exists. Interested individuals will
submit to the Personnel Officer notification of their interest, in writing, with
the prescribed period.
2. Only Sheriff's Aides with one year in their present position may qualify for
Aide openings; only Sheriffs Specialists with one year in their present
position may qualify for Specialist openings. If no interested Aides or
Specialists with one year in their current assignment apply or are deemed
qualified, incumbents with less than one year in their current assignment will
be considered. Sheriffs Aides are encouraged to apply for any Specialist
examinations administered through the County merit system but are not
eligible for direct transfer into Specialist positions.
3. A Selection Committee will be convened after the cut-off date to review the
applications. This Committee will be comprised of a) the Division Commander
(or designee) where the vacancy exists; b) the Personnel officer; and cj a
representative of the Deputy Sheriffs' Association (non-voting).
4. The Selection Committee will consider the following areas when reviewing those
employees who have applied:
a. Job performance
b. Sick leave record
C. Seniority
d. Possession of special skills or training
5. The Committee will develop an informal recommendation list for the Sheriff to
review. The Sheriff will make the selection from the list. Employees will be
promptly notified of the Sheriff's selection.
6. Certification of names from the Personnel Department may be requested if:
a. No interest is shown by Department employees, or
b. if the Selection Committee, with the concurrence of the Sheriff,
determines that none of the applicants are qualified.
ATTACHMENT B
DEPUTY SHERIFFS' ASSOCIATION
RANK & FILE UNIT CLASSES
SWORN UNIT
JOB CODE JOB TITLE
6DWA DEPUTY SHERIFF-CRIMINALIST I
6DVB DEPUTY SHERIFF-CRIMINALIST 11
6DTB DEPUTY SHERIFF-CRIMINALIST III
6DTC DEPUTY SHERIFF SENIOR CRIMINALIST
6XWA DEPUTY SHERIFF
6XWB DEPUTY SHERIFF-56 HOUR
NON-SWORN UNIT
JOB CODE JOB TITLE
6D7B CRIMINALISTICS LAB AIDE
6X7A DEPUTY SHERIFF-RECRUIT
64WH FINGERPRINT EXAMINER I
64VG FINGERPRINT EXAMINER 11
64WJ FINGERPRINT TECHNICIAN I
64VH FINGERPRINT TECHNICIAN 11
64HB LEAD FINGERPRINT EXAMINER
64HC LEAD FINGERPRINT TECHNICIAN
64VF SHERIFF'S AIDE
64WK SHERIFF'S DISPATCHER I
64WM SHERIFF'S DISPATCHER II
64SA SHERIFF'S PHOTOGRAPHER
64WR SHERIFF'S RANGER
64VE SHERIFF'S SPECIALIST
64HD SUPV SHERIFF'S DISPATCHER
F7
ATTACHMENT C
3: 22.00:-34.24.008 PER SON NOEL
Chapter 347-2 Chapter 34-24
Utii-AIR rRACTICES SANCTIONS
Sections: Sections:
?4 22.002 County. 34-24.002 Exclusive.
3-".-22.U04 Employee organir.ations. 37-24.004 Against employee
organizations.
34-22.002 Cowtty. It is an unfair 34-24.006 Notice.
employtr employee relations practice for the. 3:-24.008 Appt3L
county to:
(1) Interfere Stith; restrain or coerce 34-24.002 Exchusivt. Notwithstanding the
employees in the exertdse of tht rights provisions of Title 1, the sanctions and appeals
reeoguiztd or ranted in this division; provided in this chapter are the only sanctions
(2) Dominate or interfere with the formation, and appeals provided by county ordinance or
of any employee organization or interfere with regulation for violations of the provisions of this
selection of a rreAjority representative-, , division.(Ord.70-17 § 1 (part), 1970).
(3) Contribute financial support to any
employee org3rtization;or 34-24 .004 A g a i n s t a rn p l o v e e
(4) Refi se to meet and confer in good faith organizations.' The employee relation. of;icer
twith representatives of formally organized may, zfter reasonable notice, impose sancticsn(s)
c:nployet organizations on maters within the for unfair employer-emplayet relations
scope of representation), or to refuse to consult practices, including but not Iimittd to
with informally recognized employee sasprmsion or revocation orpriviless provided a
orzanizzlioins on matters within the scopt of mco sized emptoyet organization. such as dues
rtpreseatation. (Orel. 70-17 § 1 (part), 1970). deduction.(Ord.70-17 § 1 (part), 1970).
34-22.004 Employee organizations. it is an 34-24.006 Notice. Tlie employee relations
unfair employer-employee relations pmctict for ofl-i=r shill immt&3tc)v eve the emplov=—
employee o.-gzn-mations or their representatives or_anization written notice or the sz.-tction(s)
or:ner:bees to: inoosad-(Ord.7417 § I (part), 1970).
(1) Into,ere with, restrair, or coerce
emu hoye`s in the exercise of the rights 304-:AMS Appeal. Sanctions invoked by
r--cognized or.granted in this divWaon; fag employee relation3 oMiccr may ba zpntalyd
(2) Coerce, atttmpt to coerce or discipline to the board within ten days of the ma'sfins of
any member or an organization so as to hinder his notice, in which ease the sanctions slrall rot
or impede the performance of his duties; be in force until Lha appeal has been ruled mutt
(3) Diseriminatt against any employer. with by the board. Such appeals shall be heard xn i
regard to tht terms or conditions of membership decided at the nest regular board meeting or an
because of rare_, color, creed, sex or national earlier special meeting. (Ord. 70-17 § 1 (part),
origin; 1970).
(4) Refuse to consult, or meet and confer in
good faith, vrith management representatives on
matters within the scope of representation; or Citaptcr 34-^6
(5) Initiate, engage in, cause, instigate.
encourage o. condone a work slnpps�c of any DUES DEDUCTION
Und or other disruptive activities which are
Getnr:r ntal to lite conduct or county business S:ctivns:
znd ser<-ices. (Ord. 70.17 § I (hart). 1970). 3:-26.002 Alajoruy represcntalives.
i a-26.004 New cn—ployecs i:t unit.
3.1.26,006 Other cmployccs,
34-26.006 Attthorir.:'tion.
ATTACHMENT D
The Deputy Sheriffs' Association and the County understand that the meet and
confer process with respect to the conditions of employment for project
classifications is unique and therefore differs from other regular classes
represented by the Sheriffs' Association in the following respects.
1. Project employees are not covered by the Merit System;
2. Project employees may be terminated at any time without regard
to the provisions of this Memorandum of Understanding, and without
right of appeal or hearing or recourse to the grievance procedure
specified herein;
3. Any provision of this Memorandum of Understanding which pertains to
layoff or seniority are not applicable to project employees.
ATTAGIMNT E
(ilnunt-g of gin-dra C rrs-in
October 17, 2006 Offim of 1 r c�54zliff
Warren E.Rupf
Michael Boehrer, President sheen
Deputy Sheriffs'Association
1760 Muir Road
Martinez, CA 94553-4718
Dear Mr. Boehrec
This side letter will serve to confirm an agreement with respect to compensation paid to
Sergeants while assigned to Deputy Sheriff positions, and currently addressed by Exhibit
E in the Memorandum of Understanding (MOU).
Pursuant to the side letter dated February 22, 2006, sergeants may at their discretion,
volunteer and be assigned to work overtime in a Deputy Sheriff assignment. Sergeants
------ assigned to Deputy Sheriff Positions will be compensated at their current salary. The
above option may be utilized only when all reasonable efforts to assign the overtime to
Deputy Sheriffs have been exhausted.
The February 22, 2006 side letter that expired on October 1,2006, regarding overtime
compensation paid to Sergeants, will be extended to March 31, 2007.The current
Exhibit E in the MOU shall be fully restored on April 1, 2007.
Date: / 0 _ 17 _O
Contra Costa County Sheriff's Office Deputy Sheriffs' Association
stant C unty Administrator/
Director of Human Resources
Attachment: February 22, 2006 Side Letter
cc: Auditor Controller
Post Office Box 391 • Martinez, California 94553-0039
(925) 335-1500
"Communit7,Policing Since I850..:"
EXHIBITS
(INFORMATION/REFERENCE ONLY)
A. SPECIALIZED ASSIGNMENTS
B. SHERIFF'S "OPEN DOOR" POLICY
C. COMPENSATION FOR SERGEANTS ASSIGNED TO
DEPUTY SHERIFF POSITIONS
D. TRANSPORTATION BUREAU ASSIGNMENTS
E. POST ASSIGNMENTS
F. FLSA OVERTIME
G. EXTENSION OF PROBATION PERIOD FOR INJURED
DEPUTY SHERIFF
H. CORONER'S DIVISION SHIFT
I. DETENTION FACILITY ASSIGNMENTS
J. SCHEDULING
K. MEDICAL/DENTALILIFE INSURANCE ADJUSTMENTS
L. LUNCH PERIOD
EXHIBIT A
SHERHrS DEPARTMENT
Specialized Assignments
May 1985
Revised January 2001
BUREAU/LOCATION POsMON&RANK MINIMUM OUALIFICATIONS
Custody Services Baresu
Delemion Division
Admimhstrative Sergeant None
Classification Sergeant None
Classification Deputy Completion of Probation
Cody Alternative Sezgetau NOW
Custody Alternative Deputy Completion of Probation/Patrol Qualified
Transportation Sergeant None
Transportation Deputy Completion of Probation
Court Setnrrity Division
Sergeant None
Court Security Deputy Completion of Detention F FO
Sumnort Services Bureau
Coron= gf
Coroner's Sergeant None
Coroner's Deputy i Year Patrol Experience
Technical Services Fiyisian
Civil Sergeant None
Civil Deputy I Year Patrol Experience
FEmcmencv Services Division
Volunteer Services Sergeant None
Volunteer Services Deputy i Year Patrol Experience
Feld Orrerations Bureau
Patrol Division
Administrative Sergeant None
Contract City Sergeant None
Contract City Deputy Completion of Patrol FTO
Spec W District Sergeant None
Special District Deputy Completion of Patrol FTO
Marine Patrol Sergeant NOW
Marine Patrol Deputy Completion of Patrol FTO
J Team Sergeant None
J-Team Deputy Completion of Patrol FTO
Helicopter Cbsorver Deputy I Year Patrol Experience
Team Leader Sergeant Hone
Investigator Deputy I Year Patrol Experience
BUREAU/LOCATION POSMON& RANK MINIMUM t,�UALInCATIONS
Administrative Services
Administrative and Community
She vices Sergeant Mone
Deputy i Year%"I Experience
Professional Standards and
R u Sergeant None
Deputy I Year Patrol Experience
Deputy Shedirs Ass 'atr n Date r
Can Costa Cloutify Sheriff Coroner bate
'EXHIBIT B
antra Personnel Department
Costa Third Floor, Administration Bldg.
651 Pine Street
Co' t Martinez. California 94553.1292
lrs (415)646.4064
i4sry D. Cittermsn
OhKio• of pino.nd
December 28, 1981
Mr. Al Earle, President
Deputy Sheriff's Association
P.D. Box 333
Martinez, CA 94553
Dear Mr. Earle:
This side letter confirms agreements reached between Contra Costa County and the
Deputy Sheriff's Association during negotiations for a new memorandum of
understanding commencing July 1 , 1987 regarding the Sheriff's "Open Door
Policy".
The Sheriff's Department agrees to continue its present "open door policy" and
communications in the Labor-Management Committee such that the Deputy Sheriff's
Association can represent in a potential grievance employee(s) who do not wish
to be identified or associated with the grievance.
If the foregoing conforms with your understanding, please indicate your accep-
tance and approval in the space provided below.
Date 1"-7
Deputy Sheriff's Association Contra Costa County
$y Sy
IPM4A
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
EXHIBIT C
Sheriff-Coroner Contra Richard
Rainey Eq
P.O.Box 391 Costa Wan'-.1E Ropl
Martinez.Catitomia 94553.0039 Asststant Sherd'
tis)646- County Getsid T.Mitosinks
2404
Assistant Shenf:
Rodger t.Davis
Assistant She*dt
September 22, 1988
Contra Costa County
Deputy Sheriffs' Association
P.O. Box 333
Martinez, CA 94553
Attention: Bill Landis. President
Gentlemen:
This side letter will serve to confirm agreement reached as a result of labor
Management negotiations between Contra Costa County Sheriff's Department and
the Contra Costa County Deputy Sheriffs' Association regarding compensation
paid to Sergeants while assigned to'Deputy Sheriff positions.
The County and the Association agree that effective October 1, 1988:
Sergeants may, at their discretion, volunteer and be assigned to work
overtime in a Deputy Sheriff assignment. When this occurs, the Sergeant
will. be compensated at Deputy Sheriff salary-step:next below that of the
volunteering Sergeant.- The above option may be utilized only when all
reasonable efforts to assign the overtime to Deputy Sheriffs have been
exhausted.
If the foregoing conforms to your understanding, please indicate your approval
and acceptance space provided below.
&A/Z"51X/�
Co a Costa County ontra to County Contra Costa County
Sheriff-Coroner eputy Sheriffs' Assoc.
ate
TY:mg
cc: Auditor-Controller
P:J EOur.l OPPOatUNI%'v EMPLOYER
EXHIBIT D
Gunnip of daulru (4n5ta
(Offirr of thr. -2�icrriff
January 23, 2001 wa"e ;fRupf
Mr. Rich Jensen, President
Deputy Sheriffs' Association
1780 Muir Road
Martinez,CA 94553
Dear President Jensen:
This letter is to confirm agreement between Contra Costa County, Office of the Sheriff, and the
Deputy Sheriffs' Association as follows:
With regard to the Transportation Unit within the Detention Division, the Sheriff and the Deputy
Sheriffs' Association agree that:
1) In order to be permanently assigned to the Transportation Unit, all personnel must have
completed their probationary period.
2) Only two Deputy Sheriff's in the 'Transportation Unit shall be allowed off on vacation
concurrently, except that existing rules and policies relative to vacation for voluntarily
and involuntarily transferred personnel shall continue to apply.
3) If there are not enough bidders to fill vacancies, vacancies may be filled by the
involuntary transfer of the least senior Deputy Sheriff who has completed probation.
4) All Deputies selected for the Transportation Unit agree to random drug and or alcohol
testing as outlined in the Department of Transportation(DOT)guidelines.
5) Personnel requesting assignment to the Transportation Unit agree to stay a minimum of
18 months in that assignment due to licensing and training commitments.
If the foregoing confirms your understanding, please indicate approval and acceptance in the
space provided below:
Dated:
arren E. upf Rich Je ert
Sheriff Deputy�heriffs' Assn.
Post Office Box 391 • Martinez,calilornia 94553-0039
(925) 335-15M
�'...«...,,...r. Pjif inn Since 1850...."
EXHIBIT E
Sheriff-Coroner Contra - Rainey
FCORONER
P.O.BOX 391 Costa
Wtnen E Aupt
#Aadhtez.California 945SQcV039 Cot Assistant Sherif!
15)372- t� GeraW T.fditw(nks
,t
546-2402 Assistant Sheriff
March i, 1988
Contra Costa County
Deputy Sheriffs' Association
P.O. Box 333
Martinez, CA 94553
Attention Bill Landis, President
Gentlemen:
This letter of agreement will serve to confirm the following agreement reached
as a result of meeting and conferring in good faith between Contra Costa County
(Sheriff's Department) and the Contra Costa County Deputy Sheriffs'
Association.
Deputy posts will be assigned on their respective shifts as follows:
1. The shift sergeant will solicit input from deputies as to the deputies'
choice of post assignment.
2. The shift sergeant will evaluate the experience level , knowledge and past
performance- of each deputy and make post assignments based on who they
believe is -the "most qualified" for the position. Seniority may be ,
utilized as- a factor mt),e• the supervisor determines who is. the "most
qualified", (�t4t: S G, ( 0
3. The shift sergeant will assign'deputies to posts to promote pride,
accountability and consistency.
4. If the sergeant evaluates and concludes two deputies are equally qualified
for a post, seniority may be the deciding factor in making the selection.
If the foregoing conforms to your understanding, please indicate your approval
and acceptant n tfie space provided below.
G ;cam r
ra Costa County Contra Co aCounty Contra Costa County
Sheriff-Coroner Deputy Sheriffs' Assoc.
Date:
AN EDUAL OPPORTUNITY EMPLOYER
EXHIBIT F
Contra Personnel Department
(1�c}sta Thin! Floor, Mminictration Bldg.
<.JC 651 Piton street
LCCCounty•`J Martinet, Calfilornia 94553.1292
(415) 3724064
Harry o. 0" urian
' Onxm at t'trsa."cl
June 18. 198.7
Contra Costa County
Deputy Sheriffs' Association
P.O. Box 333
Martinez, CA 94553.
Attention: Al Earle, President
Gentlemen:
This letter of agreement will serve to confirm the following agreements reached
as a result of meeting and conferring in good faith between Contra Costa County
(and the Sheriff's Department) and the Contra Costa County Deputy Sheriffs'
Association.
The County agrees that overtime will be categorized as (a) FLSA overtime for
hours scheduled and worked in excess of 171 hours in a given 28 day period; and
(b) H.O.U. overtime, which is based on work in addition to the scheduled
assignment.
The County further agrees:
1 . All overtime paid under this agreement will be at the rate
overtime is paid to Deputy Sheriffs in "5/8" shift
assignments;
2. To pay one-half hour for each hour of FLSA overtime (hours
scheduled and worked in excess of 171 hours up to 195 hours);
3. To pay for FLSA overtime in excess of 195 hours at l 1/2
hours for each hour worked;
4. To pay M.O.U. overtime in accordance with paragraph 1 above;
S. Not to charge M.O.U. overtime worked against FLSA overtime;
6. This agreement will be retroactive to April 16, 1986 minus
any FLSA overtime previously paid deputies assigned t:) the
Coroner's Division.
if the foregoing conforms to your understanding, please indicate your approval
"cceptancehe space provided below.Contra Costa County Contra Costa County
Sheriff-Coroner Deputy Sheriffs' Assoc.
l z- 7
DATE
Ipmon
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
f
MIBIT c
(�nmlut of (Rnttiru C�nl;ta
(offirr ltf fltr -�%1trriff .
Warren E.Rupt
January 23, 2001 s"°""
i
Mr. Rich Jensen, President
Deputy Sheriffs' Association
1780 Muir Road
Martinez, CA 94553
Dear President Jensen:
This letter of agreement will serve to confirm certain agreements and
understandings reached as a result of meeting and conferring in good faith
between the Contra Costa County Sheriff's Department and the Contra Costa
County Deputy Sheriffs' Association.
In addition to the provisions of Section 18.4 in the 1985-87 Memorandum of
Understanding between Contra Costa County and the Deputy Sheriffs'
Association, the parties have agreed that the probationary period for the
classification Deputy Sheriff may be extended under the following conditions.
When a probationary Deputy Sheriff is injured and unable to perform the
full duties of Deputy Sheriff, the Sheriff may offer a light duty position to
the injured Deputy. The Sheriff, Deputy, and D.S.A. may then sign an
agreement that the probationary period for the injured Deputy Sheriff will
be extended by a length of time equal to the during of the light duty
assignment. The light duty assignment will not exceed nine months in
duration.
Contra Costa County Contra ost County Contra Costa C unty
Deputy Sheriffs' Assn. Sheriff Coroner
Post Office Box 391 • Martinez,California 94553-0039
(925) 339-1500
"Community Policing Since 1850...."
EXHIBIT H
Sheriff-Coroner ContraroNE''
P.O.Bwc 397 �? WSIa Waren L Rapt
P 4teL C,af'tc+�ia 945535-M:!q County
� Xss raj.+genu
(• 1 372' G`4+U Cou' t Goad T.Mitosinta
J Assistant Stt'ill
April 1, 1926 r
Ccntra Cassa C--U.ty
Deputy Sheriff: ::s=zciatJon
P.O. Box 333
Martinez, Ca
At c-nti0r: C.`.i' Anderson, Preside.-_
G=_nt i e we.r,:
Tr—.s le_ar c' as-een_=,t till ser7e t:, confirm certain
us„ers;Urdincs r ed as a ray.-j-. of see and conferr in_ -".I _::.-, _..
between Czrtr: C3s_a Cauntr (and t:le Sicr'.-: S Department) assn; ::_ ......_'_
Costa County Deputy Sneriffs' Associat:rn.
The. parties have agreed as follows:
1. The shit: in the Coroner' s Division previously known as the 024 hot:-. "
shift will be increased in terata to 24 hours and ten (?c) Minutes.
There is no change in the number of days worked or rotation of t:crk
days.
2. On the 24 hour, 10 minute shift, the hours between 10:00 p.m. and 6:0G
a.m. xi:l be designated "sleep tie" in accordance wits F.?.S_A.
provisic:—.
a! t.-.= ae:u r from getti-- E-_ 1e:= _ 7: ,,
hcur, c. sleep on a. particalEr shift, the ent: 7zize
be.'veen lr: p-m. and 6:L0 a.m. will be counted as
b1 i= tae Deputy has at leest five hours sleep time ava:ieble bet:.een
20:G0 p..j. are 6:00 a.m., the sieep time provision: wiii be in
effect f:d' that shift. ta_ five hours minimum sleep period m;s—z
result fro,, no more than two distinct sleep periods totaling file
hours (i .e. . 3 + 2; 4 + 1) . I' three separate sleet periods muses
be totaled reach the viinirum file hours (2+2+1) the entire ti,-.e
between 1C :. and 6 a.m. will be work time.
0 If the c_'._.:.:^S 'in (bi are met, the total sleep tixt :cr t::e
Stift i-- de. :=ed fron to total 24 hour, 10 minute swift :cr
cGrtJutinr 7.1S.A. work ti.,nc. It is understood that sleep t:-e
refers t_ 1r2 opportunity to sleep, free from to<-relit=_4
interru;-!zc3.
3. On the 24 hour, 10 minute shift. there will be two thirri minute meal
periods which will not count as work time under F.L.S.A. These periods
will be flexibly scheduled to allow the Deputy an uninterrupted meal
period. If work interruptions prevent the Deputy from having a
particular meal period, that 30 minutes period will be czunted as work
time for the shift.
4. Deputy Sheriffs who are assioned to the 24 hours, 10 minute shit: and
work overtime (as defined by M.O.U. or F.L.S.A.) will be compensated in
the satse manner as Deputy Sheriffs working '5-8" or "4-10" shifts. This
does not prevent Deputy Sheriffs in the 24 hour, 10 minute shift from,
electing to accrue 'comp time" under 14.0.1d. or F.L.S.A. provisions.
S. The provisions in (1) thrrugh (4) above take effect Agri-1 lo, 1986.
After a three month period either the Sheriff or the Deputy Sheriffs'
Association may re^uest fur`.her meet and confer regard Me- the cortinuedl
provisions of this agr=erent, and this agreement shall ce_se.
MM QAQ
on a Costa Coupty mantra Costa County Contra Costa aunty
Sheriff-Coroner j J Deputy Sherif:'s
Association
Da,.e
EXHIBIT I
Contra
Co t� -Personnel Department
W f� Administration Bldg.
nty - Ma Pine Sweet
!W`^fur Martinez. California 94553.1292
August 10, 1992
Carl D. Carey, President
Deputy Sheriffs' Assn.
1780 Muir Road
Martinez CA 94553
RE: DETENTION FACILITY ASSIGNMENTS
Dear.Mr. Carey:
This Side Letter memorializes agreement reached during 1991-1992 MOU negotiations
regarding Detention Facility Assignments. It is agreed that:
Employees working in the Detention Division can express their preference to work
in a specific facility, other than the one in which they are presently working, for the
following quarter. This preference must be submitted on or before the 15th of the'
second month of the shift on a form developed for this purpose via the chain of
command.
The following criteria will be taken into consideration when determining facility
assignment:
• Employee skills, abilities, training and experience.
• Division operational needs.
Employee performance evaluations and any other indices of employee
performance including special recognition the employee has received•
• Employee department seniority.
The decision of the Department is final.
Upon request, employees will be advised of the reason(s) for denial of their,request
for facility relocation. This request will be directed to the Division Commander.
If the foregoing conforms to your understanding, please indicate your approval and
acceptance in the space provided below.
Dated: ei./Z9 /9Z
CONTRA COSTA COUNTY DEPUTY SHERIFFS' ASSN.
\ O
Richard K. Heyn Carl D. Carey, Presid
Employee Relation a ager
SHERIFF'S DE Tft4ENT
t and in , SI eriff oncr
fVa:yW
D51/E bssfgn,s}
EXHIBIT J
Contra - . Human Resources
Costa Department
County 651 Flinset Street,
TWm
Floor
`'✓ , Martinez,Calffornia 94553-1292
(510)335-1764
n 18, 1997 Leslie T.Knight
Director of Human Resources
Louis Kroll, President
Deputy Sheriffs' Association
1780 Muir Road
Martinez CA 94553
RE: SCHEDULING
Dear Mr. Kroll:
This letter confirming the agreement reached May 17, 1996 during the negotiations
concerning the 1995-98 Memorandum of Ut:derstanding (MOU) between the County
and the Deputy Sheriffs' Association (DSA) rescinds and replaces the side letter of
February.16, 1990 included in the 1991-95 MOU as Exhibit B.
1. Effective January 3, 1983, the Rehabilitation Center shall work a mutually
agreed upon schedule consisting primarily of twelve (12) hour days (excluding
two (2) to four(4) positions.
2. Effective January 3, 1983, sworn personnel assigned to the Patrol Division and
regularly working the graveyard shift only, shall work a schedule consisting of
four(4) days per week, ten (10) hours per day.
3. Effective January 1983, sworn personnel assigned to the Patrol Division and
regularly working days or the swing shift, shall work a schedule consisting of five
(5) days per week, eight(8) hours per day.
4. in consideration of the above modifications, the parties further agree to the
following additional conditions:
A. The Department agrees to schedule vacations to prevent loss of accrued
and accruing vacation provided that the individual employee give sixty
(60) calendar days advance written notice to the Division Commander that
he/she is approaching his/her maximum accrual.
B. Effective January 3, 1983 the following operational guidelines for the
minimum staffing of the patrol division shaft be established. These staffing
levels shall-be interpreted as the minimum number of officers to be on
duty for each particular patrol watch. These levels are subject to change
by the Sheriff at any time for any of the following reasons:
1. To compensate for personnel shortages due to training needs.
Z To compensate for personnel shortages due to vacancies
occurring because:
a. There exists a lack of well-qualified lateral transfers or welt-
qualified persons on the regular eligible list, or
b. The Sheriff elects to leave positions vacant in lieu of layoffs
or demotions; provided, however, that in no event will the
refusal of the Sheriff to fill an allocated, budgeted position
for.any other reason than those set forth above constitute an
exception under this part.
3. Fiscal restraints that require reduction in authorized strength of the
Oepartment or necessary reductions in expenditures to meet
budgeted levels.
4. Assignment of personnel to specialized duties to meet temporary
operational needs of the Department.
5. Any emergency situations.
STAFFING LEVELS
SHIFT MON. TUES. WED. THURS. FRI. SAT. SUN.
Graveyard 9 9 9 9 11 11 11
Day 16 15 16 16 16 16 16
Swing 17 17 17 17 19 19 '9
Nothing herein is intended to preclude employees being scheduled for either a 4110 or
518 work week (i.e. Training Bureau) by mutual agreement between the employee and
the Sheriff or designee.
If the foregoing conforms to your understanding, please indicate your approval and -
acceptance in the space provided below.
Dated:
Contra Costa County Deputy Sheriffs' Association
Kathy Vo Luis Kroll, resident
Labor Relations Manager
cc: Rob Henderson, Undersheriff
EXHIBIT K
TENTATIVE AGREEMENT
MEDICAL/DENTAIJLIFE INSURANCE ADJUSTMENTS
COyERAGES OFFERED
Effective January 1, 2000, the County will terminate its contract with Safeguard A
& B Dental and offer the Delta and PMI Delta Care Dental plans.
,pENTAL PLAN SUBVENTION
Effective January 1, 2000, the County subvention for Dental plans will be as
follows:
Delta Dental 78%
PMI Delta Care 78% at 3 year rate guarantee
Dental Only County pays all but 0.1
DELTA DENTAL PLAN ENHANCEMENTS
Increase Annual Maximum from $1200 per member to:
$1400 1/112000
$1500 1/1/2001
$1600 1/1/2002
DOMESTIC PARTNER
Domestic Partner and dependents eligible to participate in dental coverage
contingent upon meeting eligibility and enrollment requirements.
LIFE INSURANCE
Effective January 1, 2000 increase coverage from $3000 to $7500 for employees
enrolled in either a health and/or dental plan.
i
HEALTH CARE SPENDING ACCOUNT
Effective January 1, 2000, increase the amount employees may set aside from
their paycheck for health care expenses not reimbursed by any other health
benefits plan with before tax dollars from $2400 to $3000 per year.
OPEN ENROLLMENT
Open enrollment shall be held September 1 through October 15, 2000 for
coverage effective January 1, 2001. Open enrollment for coverage effective
January 1, 2002 shall be dependent on the outcome of negotiations.
TENTATIVE AGREEMENT
Dated:
FOR THE COUNTY FOR THE DEPUTY SHERIFFS'
ASSO INA
I
EXHIBIT L
Contra a Human Resources
' :.r ,� Department
Costa -.,�.. Administration Bldg.
651 Pine Street
County Martinez.California 94553-1292
JJ �r
April 21, 1999
Mr. George Yamamoto, President
Deputy Sheriffs' Association
1780 Muir Road
Martinez CA 94553
Dear Mr. Yamamoto:
This Letter of Understanding confirms agreements reached on February
25, 1999 related to hours worked by all members in the Rank & File Unit of
the Deputy Sheriffs' Association (DSA) assigned to the Investigation
Division in a field assignment in the Contra Costa County Sheriff's Office.
This agreement excludes contract positions with the District Attorney's
Office. Effective upon adoption by the Board of Supervisors, the parties
agree as follows:
1. Notwithstanding Section 44 - Lunch Period of the DSA MOU, the
above=described employees shall work a straight eight (8) hour day
which includes a meal period not to exceed thirty (30) minutes.
2. Said employees shall utilize. the same radio reporting procedure as
employees assigned to the Patrol Division. �--
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4. The current incumbents in the administrative sworn and non-sworn
positions assigned to the investigation Division may select either (a)
a one-half (1/2) hour paid lunch or (b), a one (1) hour lunch period
with one-half (1/2) hour of the one (1) hour lunch period paid. This
choice is available for the duration of the current MOU or until such
time as the position/assignment is vacated. Upon expiration of the
current MOU, or upon replacement of the current incumbent, which
ever comes first, the lunch period for administrative sworn and non-
swom personnel assigned to the Investigation Division will be a one
(1) hour unpaid lunch period.
If the foregoing conforms to your understanding, please indicate your
approval and acceptance in the space provided below.
Date: 7 q
CONTRA COSTA COUNTY DEPUTY SHERIFFS' ASSOCIATION
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SHERIFF'S OFFICE
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