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HomeMy WebLinkAboutMINUTES - 03181986 - 1.31 ♦_ '@OARD OF SUPERVISORS Contra FROM: RICHARD K. RAINEY, Sheriff-Coroner Costa DATE: February 28, 1986 County SUBJECT: Pre-employment Agreement for Newly Hired Deputy Sheriffs/Recruit SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION 1. NOTE negotiated agreement with Deputy .Sheriffs' Association to allow the Sheriff to initiate a pre-employment agreement with candidates for hire as Deputy Sheriff. 2. AUTHORIZE the Sheriff to begin.- i.mp.lementation of the attached pre-employment agreements with Deputy Sheriff and Deputy Sheriff Recruit candidates prior to their hire. FINANCIAL IMPACT The Pre-employment Contract is primarily . designed to improve operational efficiency by reducing turnover; however, there is a positive financial gain involved. When a resignation occurs, overtime is almost automatically increased, while "regular" salary costs are reduced by the wages of the employee resigning. However, when the "replacement" officer is hired, the "regular" salary account. increases to its former level , while the overtime costs remain high. This is because the replacement officer will not be trained and able to "staff a position for many weeks or °even months. REASONS FOR RECOMMENDATION The Sheriff' s Department has been beset by a record number of resignations in calendar year 1985. Almost all (16 out of 17) of these resignations were recently hired officers, and many transferred to other law enforcement agencies. It is demoralizing and operationally "draining" to spend many weeks training a new employee who suddenly resigns for his/her "first choice" employer. A Recruit goes through 39 weeks of training at Department expense (and full pay) to become a fully trained peace officer. The department can simply not afford (operationally or financially) to train officers for other jurisdictions. The pre-employment contract will require the new hire to commit to a 22 year period of employment, thus allowing the Sheriff's Department to benefit from the cost of training the individual . BACKGROUND In calendar year 1985, sixteen Deputy Sheriffs resigned their employment within the first 2-, years of employment with the Sheriff's Department. Approximately eight of these resignations were to accept employment with other law enforcement agencies. Evidence strongly indicates ,that these employees took the job with Contra Costa County merely as a CONTINUED ON ATTACHMENT: x YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD OMMIT EE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON - March 18 , 1986 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT --- ) 1 HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: County Administrator ATTESTED March 18 ,1986 Personnel I PHIL BATCHELOR. CLERK OF THE BOARD OF Sheriff-Coroner SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY r -2- "stepping stone" until their preferred agency offered them employment. While these candidates professed a desire to develop a career with our department, their actions after their hire indicate their lack of sincerity. It costs the county almost $20,000 in salary and benefits to train a single Deputy Sheriff Recruit before that Deputy can qualify to staff a post and become a functioning" officer. Several cities in ''California (and agencies in other states) employ a "pre-employment" contract to reduce turnover and training costs of new personnel. Basically, a new hire agrees in writing to remain with the hiring agency for a specified period of time (generally about 2-221 years) . If the new hire transfers to another law enforcement agency within the time period, the employee is liable for certain training costs listed in the contract. The officer is "charged" for the valuable, career-enhancing training (s)he received from the agency. While Contra Costa County would be the first major agency in California to employ such a contract, the background suggests that such a contract is not only legal but enforceable. The Commission on Peace Officer Standards and Training (P.O.S.T. ) has expressed positive reaction to the contract. Prior to this request, the Sheriff has met and conferred with the Deputy Sheriffs' Association and reached agreement to employ such a contract. County Counsel has approved. CONSEQUENCES OF NEGATIVE ACTION The Sheriff' s Department will be prevented from taking a proactive step toward reducing turnover and overtime costs. An agreement reached with the Deputy Sheriffs' Association (after several months of meetings) will be negated. The operational efficiency of the Department will be decreased by the continuing record number of resignations. Training efforts will continue to be expended to the benefit of other agencies. i i 4 �n,eriff-Coroner ? ,.�.9 Vo Richard K.Rainey Contra Costa County r1 ,. � SHERIFF-CORONER P.O. Box 391 +(% N W Warren E. Rupf Ctp OA Assistant Sheriff Martinez, California 94553-0039 FEB 1" Gerald T. Mitosinka (415) 372- 2404 C_' Received Assistant Sheriff =` Crw Ser-.Oepf. y `Gl tom To: Harr Date: Harry February 28, 1986 t1L SL From: Tom YoungSubject: The attached Board Order authorizes a unique "Pre-employment" contract for Deputy Sheriff which we have successfully negotiated with the D.S.A. The pre-employment agreement and side letter are also attached (side letter to be signed early next. week) . I would be happy to provide further background for you at your request. TY:mg if AN EQUAL OPPORTUNITY EMPLOYER Richard K.Raine S rye ri ff-C o ro n e r Contra SHER,FF-CORONER P.O* Box 391 Costa Warren E. Rupf Martinez, California 94553-0039 Assistant Sheriff (415) 372- 2402 • County Gerald T.Mitosinka Assistant Sheriff March 5, 1986 Contra Costa County Deputy Sheriff' s Association P.O. Box 333 Martinez, CA 94553 Attention: Obie Anderson, President Gentlemen: This letter of agreement will serve to confirm certain agreements and understandings 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 parties have agreed as follows: 1. The Sheriff' s Department may, at its sole discretion, require. candidates for Deputy Sheriff and Deputy Sheriff Recruit to sign a "Pre-employment Agreement" (attached hereto) prior to permanent hire with the Department. 2. The Deputy Sheriffs' Association . (DSA) has no role, rights, or responsibilities, on either side, with reference to said agreements, except as specifically provided hereafter in section/paragraph 5. 3. The pre-employment agreement states that a newly hired Deputy Sheriff/Deputy Sheriff Recruit agrees to remain employed with the Sheriff' s Department for 30 months from the date of hire or promotion to Deputy Sheriff. Should the employee resign within that period of time to accept a law enforcement position with another agency, the employee is required to reimburse the County for certain . salary costs described in the attached schedule. 4. The Reimbursement Schedule will be updated annually at the beginning of each year to reflect any changes in salary or training costs. 5. The County will not invoke its rights in whole or in part (i .e. , it could invoke it partially) under said Pre-employment Agreement, if the degree of invocation of the section would work an injustice. "Pnjustice" here involves the expectations of the County, what the new employee knew or should have reasonably foreseen when he/she was hired, intervening unexpected occurrences or- illnesses, and -so--on. This paragraph contemplates that the County - (Sheriff's Department) may invoke the economic pay back partially, and the partial invocation would not result in an injustice. The protections of this section (5) may be invoked under the grievance procedure only by the Deputy Sheriffs' Association. AN EQUAL OPPORTUNITY EMPLOYER Deputy Sheriffs' Association March 5, 1986 Page 2 6. The current M.O.U. (1985-1987, signed November 19, 1985) is hereby modified as follows: r a) Section 23.4(L) is modified to allow four (4) Immediate Arbitrations in any fiscal year. b) Section 23.4(M) is modified as follows: "Until such time as four (4) arbitrations in a fiscal year have been held. ." c) ' Section 23.4(N) is eliminated completely from the M.O.U. If the foregoing conforms to your understanding, please indicate your approval and acceptance in the space provided b X&A - -,/ .1- il Contra Costa County Contra Costa County- ontra Costa ounty Deputy Sheriffs' Association Sheriff-Coroner Date ��aeritt-LoronerRichard K.Rainey O�}�`-` SHERIFF-CORONER P.O.-Box 391 Costa Warren E.Rupf . Martinez, California 94553-0039 Assistant Sheriff (415) 372- County Gerald T.Mitosinka `1 Assistant Sheriff 1of3 AGREEMENT I, THE UNDERSIGNED, ACKNOWLEDGE AND UNDERSTAND THAT THE Board of Supervisors of Contra Costa County desires and intends to hire only Deputy Sheriff recruits and Deputy Sheriff (Lateral hires) who will remain employed with the Sheriff's Department for a minimum period of time. IN CONSIDERATION FOR BEING HIRED THIS DAY AS A DEPUTY SHERIFF OR DEPUTY SHERIFF RECRUIT in Contra Costa County and for the valuable training received in the Contra Costa County Sheriff's Department: 1. I HEREBY AGREE that, unless rejected on probation or discharged as a Deputy Sheriff with Contra Costa County, I will remain in the employ of Contra ' Costa County for a minimum period of thirty (30) months from my date of hire or promotion to Deputy Sheriff. 2. I FURTHER UNDERSTAND THAT IF I RESIGN IN GOOD STANDING from the Contra Costa County Sheriff's Department within thirty (30) months of my date of hire and accept a sworn position with another law enforcement agency within 90 days of my resignation, I HEREBY AGREE TO REIMBURSE CONTRA COSTA COUNTY for direct costs related to my academy and post-academy training provided by the ,county. The provisions for reimbursement and an approximate schedule of reimbursement amounts is contained in Exhibit (A) . 3. Should it become necessary for the Sheriff of Contra Costa County to file suit in order to collect such costs, I FURTHER AGREE to pay all costs of said suit, including attorney's fees incurred by the Sheriff of Contra _Costa County, as well as interest allowed at the legal rate on the amount owed by me. 4. I understand that all terms and conditions of employment remain unchanged by this agreement, and that this agreement in no way guarantees me any right to continued employment. All merit system and county rules and procedures, Memoranda of Understanding and Sheriff's Department provisions and regulations that relate to Deputy Sheriff personnel are in full effect during my employment with the county. I recognize that this agreement has no effect on the authority of the Sheriff to invoke disciplinary actions. I also acknowledge that I have had at least seven (7) days to examine this _form and havebeen advised _by Sheriff's Department personnel .-that . I should -- consult with an advisor or attorney prior to entering into this agreement. Employee Name (Print) Signature Date Sheriff Name (Print) Signature Date AN EQUAL OPPORTUNITY EMPLOYER 1. The reimbursement required of a Deputy Sheriff who resigns within the .first ° 30 months to take a law enforcement job in another agency is based upon the salary paid to that Deputy while in a training capacity. The recruit receives a salary while attending a law enforcement academy, and both the recruit and the lateral receive valuable formal training in both the Patrol and Detention Division. The reimbursement agreement schedule requires that the Deputy repay the direct salary received while assigned in a formal training capacity. 2. A Deputy Sheriff will not be required to reimburse salary for training which has not occurred; i,.e., if a Deputy resigns after three weeks of Detention Training, (s)he is liable only for the three weeks of salary. 3. The reimbursement is based on the salary paid to the Deputy Sheriff/Recruit while in the academy and Detention/Patrol training programs. In the case of the academy, the recruit is only liable for the portion - of the salary not reimbursed by the state. The schedule below 'is based on 1986 salaries. , 4. After '-the Deputy Sheriff completes the probation period, the amount of reimbursement . is reduced monthly. At the end of the 30 months employment, the liability has been eliminated. REIMBURSABLE TRAINING 1. ACADEMY (Recruit only) - Currently the state reimburses the county for 65% of the salary of a recruit at an academy. This makes the non-reimbursable amount (the portion that must be reimbursed by the Deputy Sheriff) as follows: 15 week academy $2110 19 week academy $2673 (This amount is pro-rated should a recruit transfer .to another agency while at the Academy.) 2. DETENTION TRAINING (Recruits and Laterals) - The basic training in Detention allows one week orientation, six weeks in actual training, and one week in a "shadow" program. Reimbursement is for only the six weeks actual training. Six weeks at first step Deputy Sheriff $3017 (Pro-rated for partial completion) 3. PATROL TRAINING (Recruit and Laterals - The basic training in Patrol allows one week orientation., six weeks training, one week of "refresher" classroom, and three more weeks of actual training. Nine weeks actual training at first step Deputy Sheriff $4525 . -2- "stepping stone" until their preferred agency offered them employment. While these candidates professed a desire to develop a career with our department, their actions after their hire indicate their lack of sincerity. It costs the county almost $20,000 in salary and benefi is to train a sngl e Deputy Sheri f Recrui t before that Deputy can qual i fy to staff a post and become a functioning officer. Several cities in California (and agencies in other states) employ a "pre-employment" contract to reduce turnover and training costs of new personnel . Basically, a new hire agrees in writing to remain with the hiring agency for a specified period of time (generally about 2-21 years) . If the new hire transfers to another law enforcement agency within the time period, the employee is liable for certain training costs listed in the contract. The officer is "charged" for the valuable, career-enhancing training (s)he received from the agency. While Contra Costa County would be the first major agency in California to employ such a contract, the background suggests that such a contract is not only legal but enforceable. The Commission on Peace Officer Standards and Training (P.O.S.T.) has expressed positive reaction to the contract. Prior to this request, the Sheriff has met and conferred with ' the Deputy Sheriffs' Association and reached agreement to employ such a contract. County Counsel has approved. CONSEQUENCES OF NEGATIVE ACTION The Sheriff' s Department will be prevented from taking a proactive step toward reducing turnover and overtime costs. An agreement reached with the Deputy Sheriffs' Association (after several months .of meetings) will be negated. The operational efficiency of the Department will be decreased by the continuing record number of resignations. Training efforts will continue to be expended to the benefit of other agencies.