HomeMy WebLinkAboutMINUTES - 03011988 - 1.27 a7
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 1 , 1988 by the following vote:
AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder.
NOES: None .
ABSENT: None .
ABSTAIN: None.
SUBJECT: )
1987-89 Compensation for Employees )
in Units Represented by District 88/ 101
Attorney Investigator's Association
The Contra Costa County Board of Supervisors RESOLVES THAT:
1 . On March 19 1988, the Employee Relations Officer submitted the
Memorandum of Understanding dated February 29, 1988, entered into with District
Attorney Investigator's Association and the following unit represented by the
Association:
District Attorney Investigator Unit
2. This Board having thoroughly considered said Memorandum of
Understanding, the same is approved.
3. Salaries and Terms and Conditions of Em loyment. District Attorney
Investigator's Association. The Memorandum of Understanding with the District
Attorney Investigator's Association is attached hereto, marked Exhibit Z; and
Section Numbers 1 through 46 inclusive are incorporated herein as if set forth
in full and made applicable to the employees in the above named unit and Section
5.1 C is made applicable to eligible retirees.
4. If an Ordinance(s) is required to implement any of the foregoing
provisions, the Board of Supervisors shall enact said Ordinance(s) .-
THIS
rdinance(s) .THIS RESOLUTION is effective as of July 1 , 1987.
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervis isjAonshown.
�.,the date shon.l y
ATTESTED: G%'
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
V
By � , Deputy
Orig: Personnel Department
County Administrator
County Counsel
Auditor-Controller
District Attorney Investigator's Association
District Attorney
I.E.D.A./via Personnel
RESOLUTION N0 . 88/101
/. 17
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DISTRICT ATTORNEY INVESTIGATORS' ASSOCIATION
1
1987 - 1989
Memorandum of Understanding
• Between
Contra Costa County
And
District Attorney Investigators' Association
1987 -1989
Table of Contents
Subject Page Section
Administration of Sick Leave 24 14.3
Adoption 52 44
Advance Notice 5 2.7
Anniversary Dates 8 5.3
Assignment of Classes to Bargaining Units 6 2.8
Association Notification 19 11 .11
Association Recognition 3 1 .1
Association Representative 7 4.2
Association Security 3 2
Attendance at Meetings 6 4.1
Call-Back Time 15 8
Certification of Persons from Layoff Lists 18 11 .9
Coerced Resignations 39 21.5
Communicating With Employees 4 2.5
Compensation Complaints 44 23.4
Compensation for Loss or Damage to Personal Property 49 32
Compensation for Portion of Month 9 5.6
Constructive Resignation 39 21.2
Court Appearance Overtime 15 7.3
Days & Hours of Work 13 6
Death of Family Member 24 14.2
Definitions l ----
Deletion of Continuing Education Requirement 16 10.6
Dependent Care 51 42
Disability 25 14.4
Dismissal , Suspension & Demotion 40 22
Dues Deduction 3 2. 1
Duration of Agreement 52 45.4
Duration of Layoff & Reemployment Rights 18 11.8
Effective Resignation 39 21 .3
Eligibility for Layoff List 17 11 .6
Emergency Care of Family 24 14.2
Entrance Salary 8 5.2
Feasability of Use of Semi-automatic Weapons 51 41
General Wage Increases 7 5.1
Grievance Procedure 43 23
Grounds for Layoff 16 11.1
Health & Welfare, Life & Dental Care 31 17
Holidays 19 12
Incentive Program-Purposes 15 10.1
Incentive Program-Definitions 15 10.2
Incentive Program-Intermediate Certificate 16 10.3
Incentive Program-Advanced Certificate 16 10.4
Incentive Program-Pay Status 16 10.5
Increments Within Range 9 5.4
Page two
Table of Contents
Subject Page Section
Jury Duty & Witness Duty 30 16
Layoff by Displacement 16 11.3
Layoff During Probation 37 18.7
Leave of Absence 28 15
Leave of Absence Replacement 30 15.3
Leave Pending Employee Response 41 22.3
Leave Without Pay 28 15.1
Length of Service Definition 50 34
Lump Sum Payment 7 5. 1
Maintenance of Membership 4 2.3
Medical & Dental Appointments 23 14.2
Merit Board 45 23.6
Mileage 46 26
Military Leave 30 15.2
No Discrimination 6 3
No Strike 45 23.5
Notice of Suspension Without Pay Due to Pending
Criminal Charges 41 22.5
Official Representatives 6 4
On-Call Duty 15 9
Order of Layoff 16 11 .2
Order of Names on Layoff 18 11 .7
Overtime & Compensatory Time 13 7
Part-Time Compensation 9 5.5
Particular Rules on Displacing 17 11 .4
Past Practices & Existing Memoranda of Understanding 53 46
Pay for Work in Higher Classification 12 5.13
Pay Warrant Errors 46 27
Payment 13 5.14
Peace Officer Training 15 10
Permanent Intermittent Employee Benefits 50 36
Permanent Intermittent Employees Health Plan 50 37
Permanent Part-Time Employee Benefits 50 35
Personnel Files 47 29
Personnel Management Regulations 52 45.3
Position Reclassification 9 5.7
Probationary Period 35 18
Procedure on Dismissal , Suspension, Reduction Within Class,
or Disciplinary Demotion 42 22.6
Professional Membership Stipend 51 39
Promotion Policy 37 19
Provisional Appointment 46 28
Provisional Employee Benefits 50 38
Recognition 3 1
Reemployments 8 5.3
Regular Appointment 36 18.6
Page three
Table of Contents
Subject Page Section
Reimbursement for Meal Expenses 48 31
Rejection During Probation 35 18.5
Rejection During Probation of Laid-Off Employee 37 18.8
Removal of Names from Reemployment & Layoff Lists 18 11.10
Resignations 39 21
Retirement Contribution 45 24
Revised County-wide Sick Leave Policy 52 43
Safety 45 25
Safety Equipment 51 40
Salaries 7 5
Salary on Involuntary Demotion 11 5.10
Salary on Promotion 11 5.9
Salary on Voluntary Demotion 11 5.11
Salary Reallocation & Salary on Reallocation 10 5.8
Salary Review While on Leave of Absence 30 15.4
Scope of Agreement & Separability of Provision 52 45
Seniority 17 11 .5
Seniority Credits (Promotion) 38 19.6
Separation Through Layoff 16 11
Service Awards 48 30
Sick Leave 22 14
Sick Leave Policy 52 43
Sick Leave Utilization for Pregnancy Disability 23 14.2
Skelly Requirements 41 22.2
Transfer 38 20
Unauthorized Absence 30 15.5
Unfair Labor Practice 49 33
Use of County Buildings 5 2.6
Vacation Accrual Rates 21 13.2
Vacation Allowance 20 13.1
Vacation Allowance for Separated Employees 21 13.4
Vacation Leave 20 13
Withdrawal of Membership 4 2.4
Workers' Compensation 27 14.5
Attachment A - Project Positions
Exhibit A - Class & Salary Listings
Memorandum of Understanding
Between
Contra Costa County
And
District Attorney Investigators' Association
This Memorandumt of Understanding is entered into pursuant to the authority
contained in Board of Supervisors Resolution 81/1165 and has been jointly
prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative
of Contra Costa County in employer-employee relations matters as provided in
Board of Supervisors Resolution 81/1165, Section 34-8.012.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees in the unit in which
the Association is the recognized representative, have freely exchanged infor-
mation, 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 Memorandum of Understanding 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 July 1, 1987 and
ending June 30, 1989.
Special provisions and restrictions pertaining to Project employees covered
by this Memorandum of Understanding are contained in Attachment A which is
attached hereto and made a part hereof.
Definitions:
A. "Appointing Authority" means department head unless otherwise
provided by statute or ordinance.
B. "Association" means District Attorney Investigators' Association.
C. "Class" means 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.
D. "Class Title" means the designation given to a class, to each
position allocated to the class, and to the employees allocated
to the class.
E. "County" means Contra Costa County.
F. "Demotion" means the change of a permanent employee to another
position in a class allocated to a salary range for which the top
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step is lower than the top step of the class which the employee
formerly occupied except as provided for under "Transfer" or as
otherwise provided for in this Memorandum of Understanding, in the
Personnel Management Regulations, or in specific resolutions
governing deep classifications.
G. "Director of Personnel" means the person designated by the County
Administrator to serve as the Assistant County Administrator-Director
of Personnel .
H. "Eligible" means any person whose name is on an employment or
reemployment or layoff list for a given class.
I. "Employee„ means a person who is an incumbent of a position or who
is on leave of absence in accordance with provisions of this
Memorandum of Understanding and whose position is held pending his
return.
J. "Employment List" means a list of persons, who have been found
qualified for employment in a specific class.
K. "Layoff List" means a list of persons who have occupied positions
allocated to a class in the Merit System and who have been
involuntarily separated by layoff or displacement or have
voluntarily demoted or transferred in lieu of layoff or displacement.
L. "Permanent Intermittent Position" means 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.
M. "Permanent Part-Time Position" means any position which will
require the services of an incumbent for an indefinite period but
on a regularly scheduled less than full-time basis.
N. "Permanent Position" means any position which has required, or
which will require the services of an incumbent without
interruption, for an indefinite period.
0. "Project Employee" means 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.
P. "Promotion" means the change of a permanent employee to another
position in a class allocated to a salary range for which the top
step is higher than the top step of the class which the employee
formerly occupied, except as provided for under "Transfer" or as
otherwise provided for in this Memorandum of Understanding, in the
Personnel Management Regulations, or in specific resolutions
governing deep classes.
Q. "Position" means the assigned duties and responsibilities calling
for the regular full-time, part-time or intermittent employment of
a person.
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• R. "Reallocation" means 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.
S. "Reclassification" means 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.
T. "Reemployment List" means 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.
U. "Resignation" means the voluntary termination of permanent
employment with the County.
V. "Temporary Employment" means any employment which will require the
services of an incumbent for a limited period of time, paid on an
hourly basis, not in an allocated position or in permanent status.
W. "Transfer" means the change of an employee who has permanent status
in a position to another position in the same class in a different
department, or to another position in a class which is allocated to
a range on the salary plan that is within five (5) percent at top
step as the class previously occupied by the employee.
Section 1 Recognition
1 .1 Association Recognition
The Association is the formally recognized employee organization for the
District Attorney Investigators' Unit and such organization has been certified
as such pursuant to Chapter 34-12 of Board of Supervisors Resolution 81/1165.
Section 2 Association Security
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.
Dues deduction shall be based on the voluntary written authorization of the
employee which shall remain in effect so long as the employee remains in a unit
represented by the Association unless such authorization is cancelled in writing
by the employee in accordance with the provisions set forth in Section 2.4. The
dues deduction shall be for a specified amount and uniform between members of
the Association. The Association shall indemnify, defend, and hold the County
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harmless against any claims made and against any suit instituted against the
County on account of dues deduction. The Association shall refund to the
County any amounts paid to it in error upon presentation of supporting evidence.
2.2 Employees hired on or after March 1, 1983 in classifications
assigned to units represented by the Association shall as a condition of
employment at the time of employment complete an Association dues authorization
form provided b'y the Association and shall have deducted from their paychecks
the membership dues of the Association. Said employees shall have thirty (30)
days from the date of hire to decide if he/she does not want to become a member
of the Association. Such decision not to become a member of the Association
must be made in writing to the Auditor-Controller with a copy to the Employee
Relations Division within said thirty (30) day period. If the employee decides
not to become a member of the Association any Association dues previously
deducted from the employee's paycheck shall be returned to the employee and
said amount shall be deducted from the next dues deduction check sent to the
Association. If the employee does not notify the County in writing of the
decision not to become a member within the thirty (30) day period, he/she shall
be deemed to have voluntarily agreed to pay the dues of the Association.
The dues authorization form referenced above shall include a statement that the
Association and the County have entered into a Memorandum of Understanding, that
the employee is required to authorize payroll deductions of Association dues as
a condition of employment, and that such authorization may be revoked within the
first 30 days of employment upon proper written notice by the employee within
said 30 day period as set forth above. Each such employee shall, upon written
completion of the authorization form, receive a copy of said authorization form
which shall be deemed proper notice of his or her right to revoke said authori-
zation.
2.3 Maintenance of Membership. All employees in the unit represented by
the Association who are currently paying dues to the Association and all
employees in such unit who hereafter become members of the Association shall as
a condition of continued employment pay dues to the Association for the duration
of this Memorandum of Understanding and each year thereafter so long as the
Association continues to represent the classification 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 May 1, 1989 and May 31 , 1989, any employee
may withdraw from Association membership and discontinue paying dues as of the
payroll period commencing May 1, 1989, discontinuance of dues payments to
then be reflected in the June 10, 1989 paycheck. Immediately upon the close
of the above mentioned thirty (30) day period the Auditor-Controller shall
submit to the Association a list.of the employees who have rescinded their
authorization for dues deduction.
2.5 Communicating With Employees. The Association shall be allowed to use
designated portions of bulletin boards or display areas in public portions of
County buildings or in public portions of offices in which there are employees
represented by the Association, provided the communications displayed have to
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do with official organization business such as times and places of meetings
and further provided that the Association appropriately posts and removes
the information. The department head reserves the right to remove objectionable
materials after notification to and discussion with the Association.
Representatives of the Association, not on County time, shall be permitted to
place a supply of employee literature at specific locations in County buildings
if arranged through the Employee Relations Officer; said representatives may
distribute employee organization literature in work areas (except work areas not
open to the public) if the nature of the literature and the proposed method of
distribution are compatible with the work environment and work in progress.
Such placement and/or distribution shall not be performed by on duty employees.
The Association shall be allowed access to work locations in which it represents
employees for the following purposes:
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 repre-
sentative 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;
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 main-
tain scheduling of such uses. The Association shall maintain proper order at
the meeting, and see that the space is left in a clean and orderly condition.
The use of County.equipment (other than items normally used in the conduct of
business meetings, such as desks, chairs, ashtrays, and blackboards) is
prohibited, even though it may be present in the meeting area.
2.7 Advance Notice. The Association shall, except in cases of emergency,
have the right to reasonable notice of any ordinance, rule, resolution or regu-
lation 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.
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F
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 rbtice 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
Employee Relations Officer 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 exist-
ing representation units, and within a reasonable period of time
shall notify all recognized employee organizations of his deter-
mination.
B. Final Determination. His determination is final unless within ten
days after notification a recognized employee organization requests
in writing to meet and confer thereon.
C. Meet and Confer and Other Steps. He shall meet and confer with
such requesting organizations and with other recognized employee
organizations where appropriate) to seek agreement on this matter
within sixty days after the ten-day period in Subsection (B) ,
unless otherwise mutually agreed. Thereafter, the procedures in
cases of agreement and disagreement, arbitration referral and
expenses, and criteria for determination shall conform to those in
Subsections (d) through (i) of Section 34-12.008 of Board 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
handicapped person solely because of such handicap unless that handicap 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 represen-
tatives of the Association shall be allowed to attend meetings held by
County agencies during regular working hours on County time as follows:
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A. If their attendance is required by the County at a specific
meeting;
B. if their attendance is -sought by a hearing body or presentation of
testimony or other reasons;
C. if their attendance is required for meeting(s) scheduled at reason-
able times agreeable to all parties required for settlement of
grievarLces filed pursuant to Section 23 (Grievance Procedure) of
this Memorandum;
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 agency calling the
meeting is responsible for determining that the attendance of the
particular employee(s) is required.
4.2 Association Representative. Official representatives of the District
Attorney Investigators' Association 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 Employee Relations Officer 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 Employee Relations Officer, and that advance arrangements for the time
away from the work station. or assignment are made with the appropriate depart-
ment head or his designee.
Section 5 Salaries
5.1 General Wage Increases
A. Effective February 1, 1988 each represented
classification shall receive a general wage increase of
39 levels on the County Salary Schedule (4%).
B. Effective July 1 , 1988 each represented classification
shall receive a general waa increase of 49 levels on the
County Salary Schedule (5x?.
C. Lump Sum Payment
In lieu of retroactive pay requiring special payroll
recomputation processing back to July 1 , 1987, the County
will make a "lump sum payment" to each employee for the
months of July, August, September, October, November and
December, 1987 plus January 1988.
Month to date gross earnings (base pay (minus AWOP),
overtime, shift differential, hazard duty pay, career
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i incentive and other differential payments ordinarily
computed as a percentage of base pay) for the 3rd and 4th
quarters of 1987 (7/109 7/253, 8/10, 8/25, 9/10, 9/25
10/102 10/25, 11/10, 11/25,' 12/10 and 12/25 payrolls3
will be added together for each employee (retro pay base)
+ January 10th and January 25th, 1988.
2 Q-T-U PR's + January 10th and 25th = Retro Pay Base
(RPB)
Then the Retro Pay Base will be multiplied by 4% for all
employees to compute the lump sum paymewnt.
RPB X 4% = Lump Sum Payment
The lump sum payment will be added to employees' regular
March 10th, 1988 pay warrants and is 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 regu-
larly scheduled workday of the month the anniversary date is
the first day of the calendar month when the employee success-
fully 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. Transfer Reallocation and Reclassification. The anniversary
ate 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 pre-
vious classification, remains unchanged.
D. Reemployments. The anniversary of an employee appointed from
a reemployment list to the first step of the applicable salary
range and not required to serve a probation period is deter-
mined in the same way as the anniversary date is determined
for a new employee who is appointed the same date, classifica-
tion and step and who then successfully completes the required
probationary period.
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E. Notwithstanding other provisions of this Section 5, the anni-
versary of an employee who is appointed to a classified posi-
tion 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 calen-
dar month after the calendar month when the employee was
appointed or transferred; provided however, when the appoint-
ment or transfer is effective on the employee's first regu-
larly 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 unconditional 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 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.
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
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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 and 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 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 pre-
vious class, the incumbent shall be placed at the step in the
new class which equals the rate of pay received before reallo-
cation. 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
10
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 supercede Section 5.8.
5.9 Salary on Promotion. Any employee who is appointed to a position of a
class allocated to a higher salary range than the class previously occupied,
except as provided under Section 5.12 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 (5x), in which case
the salary shall be adjusted to the step in the new range which is five percent
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 5.1 2, 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.
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;
11
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 Hi her classification. When an employee in a permanent
position in the merit system is required o work in a classification for which
the compensatidr 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 Subsection 5.9 Salary
on Promotion of this Memorandum, commencing on the thirty-first 1st work day
of the assignment, under the following conditions:
1 . The employee is assigned to a program, service, or activity
established by the Board of Supervisors which is reflected in an
authorized position which has been classified and assigned to the
Salary Schedule.
2. The nature of the departmental assignment is such that the employee
in the lower classification becomes fully responsible for the
duties of the position of the higher classification.
3. Employee selected for the assignment will normally be expected to
meet the minimum qualifications for the higher classification.
4. Pay for work in a higher classification shall not be utilized as a
substitute for regular promotional procedures provided in this
Memorandum.
5. The appropriate authorization form has been submitted by the
Department Head and approved by the County Administrator.
6. Higher pay assignments shall not exceed six (6) months except
through reauthorization.
7. If approval is granted for pay for work in a higher classification
and the assignment is terminated and later reapproved for the same
employee within thirty (30) days no additional waiting period will
be required.
8. Any incentives (e.g. ,' the education incentive) and special dif-
ferentials (e.g. , bilingual differential) accruing to the employee
in his/her permanent position shall continue, unless the employee
is no longer performing the duties which warrant the differentials.
9. During the period of work for higher pay in a higher classitica-
tion, an employee will retain his/her permanent classification, and
anniversary and salary review dates will be determined by time in
that classification.
10. Allowable overtime pay, shift differentials and/or work location
differentials will be paid on the basis of the rate of pay for the
higher class.
12
• 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
emplo ee's monthly salary, in which case the Auditor shall, on the twenty-fifth
(25th day of each month, draw hi-s/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 the prescribed form (form
M-208, revised 5/81) and submitted by the 15th of the month to the department
payroll clerk who will forward the card with the "Salary Advance
Transmittal/Deviation Report" to the Auditor-Controller payroll section.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 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.
Section 6 Days and Hours of Work
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 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 opera-
tional cycle, and the department head shall prepare written schedules in advance
to support all deviations, the schedules to encompass the complete operational
cycle contemplated.
Section 7 Overtime and Compensatory Time
7.1 Overtime. Overtime is any authorized work performed in excess of forty
hours per week or eight hours per day. All overtime shall be compensated for
at the rate of one and one-half (1-1/2) times the em loyee's base rate of pay
(not including shift and other special differentials. Overtime for permanent
employees is earned and credited in a minimum of one-half hour increments.
7.2 Compensatory Time. The following provisions shall apply:
A. Employees may periodically elect to accrue compensatory time
off in lieu of overtime pay. Eligible employees must notify
the department head or his designee of their intention to
accrue compensatory time off or to receive overtime pay at
least thirty (30) days in advance of the change.
13
B. The names of those employees electing to accrue compensatory
time off shall be placed on a list maintained by the depart-
ment. Employees .who become eligible (i.e. , employees pro-
moting, demoting, etc.) for compensatory time off in
accordance with these guidelines must elect to accrue compen-
satory time or they will be paid for authorized overtime hours
worked.
C. Compensatory time off shall be accrued at the rate of one and
one-half (1-1/2) times the actual authorized overtime hours
worked by the employee.
D. Employees may not accrue a compensatory time off balance that
exceeds forty (40) hours. Once the maximum balance has been
attained, authorized overtime hours will be paid at the over-
time rate. If the employee's balance falls below forty (40)
hours, the employee shall again accrue compensatory time off
for authorized overtime hours worked until the employee's
balance again reaches forty (40) hours.
E. Accrued compensatory time off shall be carried over for use in
the next fiscal year; however, as provided in D above, accrued
compensatory time off balances may not exceed forty (40)
hours.
F. Employees may not use more than forty (40) hours of compen-
satory time off in any fiscal year period (July 1 - June 30) .
G. The use of accrued compensatory time off shall be by mutual
agreement between the department head or his designee and the
employee. Compensatory time off shall not be taken when the
employee would be replaced by another employee who would be
eligible to receive, for time worked, either overtime payment
or compensatory time accruals as provided for in this Section.
This provision may be waived at the discretion of the depart-
ment head or his or her designee.
H. 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.
I. Compensatory time accrual balances will be paid off when an
employee moves from one department to another through promo-
tion, demotion or transfer. Said payoff will be made in
accordance with the provisions and salary of the class from
which the employee is promoting, demoting or transferring as
set forth in J below.
J. Since employees accrue compensatory time off at the rate of
one and one-half (1-1/2) hours for each hour of authorized
14
overtime worked, accrued compensatory time balances will be
paid off at the straight time rate (two-thirds 2/3 the over-
time rate) for the employee's current salary whenever:
1. the employee separates from County service;
2. the employee retires ,
K. The Office of the County Auditor-Controller will establish
timekeeping procedures to administer this Section.
7.3 Court Appearance Overtime. The County agrees to provide a minimum of
three (3 hours overtime credit when in the line of duty employees in the
classes of Welfare Fraud Investigator and District Attorney Senior Investigator
are required to attend a duly constituted judicial proceeding on his or her
regularly scheduled day off.
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. An employee assigned to
on-call time shall be paid one (1) hour of straight time credit for each four
(4) hours on such on-call time unless otherwise provided in this Agreement.
Where on-call arrangements exist, the Department Head shall designate which
employees are on-call unless otherwise provided in this Agreement.
Section 10 Peace Officer Training
10.1 Incentive program - Purposes. In accordance with the policies
expressed in Penal Code Sections 1 500 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 of base pay for possessing
the first P.O.S.T. certificate (intermediate) not required by the minimum quali-
fications of the class and an additional allowance based on two and one-half
percent of base pay per month for possessing a second P.O.S.T. certificate
(advanced) not required by the minimum qualifications of the class.
10.2 Incentive Program - Definitions. Unless otherwise specified or
required by the context the following terms have the following meanings.
a) "Officer" means any peace officer member of the Sheriff's
15
Department, District Attorney's Office, Marshal 's Office, who
has successfully completed at least one probationary period
and who occupies a permanent full-time position, in pay sta-
tus, as a peace officer in this county.
b) "Intermediate peace officers standards and training cer-
tificate" 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.)
10.3 Incentive Program - Intermediate Certificate. Every officer below
the class of: Lieutenant in the Sheriff's Department, District Attorney
Lieutenant of Inspectors and Supervising Welfare Fraud Investigator in the
District Attorney's Office or Marshal I in the Marshal 's Office shall receive a
career incentive allowance of two and one-half percent of base pay per month for
the possession of a valid intermediate P.O.S.T. certificate.
10.4 Incentive Program - Advanced Certificate. Every officer up to and
including the class of: Lieutenant in the Sheriff's Department, District
Attorney Lieutenant of Inspectors and Supervising Welfare Investigator in the
District Attorney's Office or Deputy Marshal II in the Marshal 's Office shall
receive a career incentive allowance of two and one-half percent of base pay per
month for the possession of a valid advanced P.O.S.T. certificate. This is in
addition to the 2112% allowance for the intermediate certificate.
10.5 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.
10.6 Deletion of Continuing Education Requirement. There shall be no con-
tinuing education requirement to be entitled to the above allowances. This pro-
vision shall be effective as to payment on July 1 , 1986, but shall be effective
with regards to the C.E.R. as of the effective date of this Memorandum of
Understanding.
Section 11 Separation Throu h Layoff
11 .1 Grounds for La off. Any employee(s) having permanent status in
positions in the merit service may be laid off when the position is no
longer necessary, or for reasons of economy, lack of work, lack of funds
or for such other reason(s) as the Board of Supervisors deems sufficient for
abolishing the position(s) .
11.2 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.
11.3 Layoff Displacement.
(a) 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
16
I
who occupies a permanent intermittent or permanent part-time position, the
least senior employee being displaced first.
(b) 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 an employee having less seniority; the
least senior employee being displaced first, and so on with senior displaced
employees displacing junior employees.
11.4 Particular Rules on Displacing.
(a) Permanent intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type respectively.
(b) A permanent full-time employee may displace any intermittent or part-
time employee with less seniority (1) in the same class as provided in Section
11.3 (a), or (2) in a class of the same or lower salary level as provided in
Section 11 .2 b) if no full-time employee in a class at the same or lower salary
level has less seniority than the displacing employees.
(c) Former permanent full-time employees who have voluntarily become per-
manent part-time employees for the purpose of reducing the impact of a proposed
layoff with the written approval of the Director of Personnel or his 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.
11 .5 Senior. An employee's seniority within a class for layoff and
displacement purposes shall be determined by adding the employee's length of
service in the particular class in question to the employee's length of service
in other classes at the same or higher salary levels as determined by the salary
schedule in effect at the time of layoff. Employees reallocated or transferred
without examination from one class to another class having a salary within five
percent of the former class shall carry the seniority accrued in the former
class into the new class. Service for layoff and displacement purposes includes
only the employee's last continuous 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 employee's 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.
11.6 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 who 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.
17
11 .7 Order of Names on Layoff. First, layoff lists shall contain the names
of persons laid off or displaced or when 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 class seniority tie between persons laid off
from different departments, the tie(s) shall be broken by length of last contin-
uous permanent County employment with remaining ties broken by random selection
among the employees involved.
11.8 Duration of L doff and Reemployment Rights. The name of any person
laid off or gra nte3 reemployment privileges after application shall continue
on the appropriate list for a period of two (2) years. Persons placed on layoff
lists shall be continued on the list for an additional two years if application
for extension of eligibility is made before the expiration of the original
period of eligibility.
11 .9 Certification of Persons From Layoff Lists. Layoff lists contain the
name(s) of personTsTaid off, displaced or demoted by displacement or volun-
tarily demoted in lieu of layoff or who have transferred in lieu of layoff or
displacement. When a request for personnel is received from the appointing
authority of a department, if a layoff list exists for the class, the appointing
authority shall receive and appoint the eligible highest on the layoff list from
that department; or in the case that there is no layoff from that department,
the appointing authority shall receive and appoint the eligible highest on the
layoff list. However, if an eligible so certified is rejected during probation
and restored to the layoff list, the rejected employee will not again be cer-
tified to the department from which rejected on probation unless the appointing
authority so requests. The Director of Personnel shall recommend to the Board
of Supervisors that a person employed from a layoff list be appointed at the
same step of that salary range the employee held on the day of layoff.
11.10 Removal of Names from Reemployment and Layoff Lists. The Director of
Personnel may remove the name of any eligible from a reemployment or layoff list
for any reason listed below:
A. For any cause stipulated in Section 404.1 of the Personnel
Management Regulations.
B. On evidence that the eligible cannot be located by postal
authorities.
C. 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.
D. If three offers of permanent appointment to the class for which the
eligible list was established have been declined by the eligible.
18
E. If five certifications for permanent appointment from an open
employment list, including certification to two different depart-
ments if the class has permanent positions in more than one depart-
ment, have failed to result in selection and appointment.
F. If the eligible fails to -respond to the Director of Personnel or
the appointing authority within five (5) days to written notice of
certification mailed to the person's last known address. Notice
shall be sent to the person affected.
11 .11 Association Notification. When it appears to the department head
and/or Employee Relations Officer that the Board of Supervisors may take action
which will result in the layoff of employees in a representation unit repre-
sented by the District Attorney Investigators' Association, the Employee
Relations Officer shall notify the Association of the possibility of such
layoffs and shall meet and confer with it regarding the implementation of the
action.
Section 12 Holidays
12.1 The County will observe the following holidays:
A. January 1st, known as New Years Day
Third Monday in January known as Dr. Martin Luther King Jr. Day
Third Monday in February, known as Presidents Day
The last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veteran's Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as
holidays.
B. Each full-time employee shall accrue two (2) hours of personal
holiday credit per month. Such personal holiday time may be taken
in increments of one-half (1/2) hour, and preference of personal
holidays shall be given to employees according to their seniority
in their department as reasonably as possible.
C. Permanent part-time employees shall receive personal holiday credit
in the same ratio to the personal holiday credit given full-time
employees as the number of hours per week in the part-time
employee's schedule bears to the number of hours in the regular
full-time schedule.
D. Employees shall accrue their personal holiday credit during months
they are in pay status provided however that no employee may accrue
more than forty (40) hours of personal holiday credit beginning
19
January 1 , 1988. On separation from County service, an employee
shall be paid for any unused personal holiday credits at the
employee's then current pay rate.
E. Employees in positions which work around the clock shall continue
to celebrate Admission Day, Columbus Day and Lincoln's Day.
12.2. The following provisions indicate how holiday credit is to be
applied:
A. Employees on the five-day forty (40) hour Monday through Friday
work schedule shall be entitled to a holiday whenever a holiday is
observed pursuant to the schedule cited above.
B. Employees on a work schedule other than Monday through Friday shall
be entitled to credit for any holiday, whether worked or not,
observed by employees on the regular schedule; conversely, such
employees will not receive credit for any holiday not observed by
employees on the regular schedule even though they work the holi-
day.
C. 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 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 the nature of their work are entitled
to overtime pay as specified by this Memorandum of Understanding.
If any holiday listed in section 12. 1 (A) above falls on a Saturday, it shall be
celebrated on the preceding Friday. If any holiday listed in section 12.1 (A)
falls on a Sunday, it shall be celebrated on the following Monday.
12.3 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.
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 per-
manent 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 Memorandum of
20
Understanding. Vacation credits may not be taken during the first six (6) months
of employment (not necessarily synonymous with probationary status) except where
sick leave has been exhausted;. and none shall be allowed in excess of actual
accrual at -the time vacation is taken.
13.2 Vacation Accrual Rates.
For employees Aired prior to November 1 , 1979 the rates at which vacation cre-
dits accrue, and the maximum accumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hour 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 November 1, 1979, the rates at which vacation
credits accrue, and the maximum accumultation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hour 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
20 through 24 years 16 2/3 400
25 through 29 years 20 480
30 years and up 23 1/3 560
13.3 No employee who has been granted a leave without pay or unpaid mili-
tary 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 EmPjqyees. On separation from County
service, an employee shall be paid for any unused vacation credits at the
employee's then current pay rate.
13.5 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.
21
Section 14 - Sick Leave
14.1 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 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-
half (1/2) 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 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
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 disa-
bility. The appointing authority may review medical evi-
dence and order further examination as he deems necessary,
and may terminate use of sick leave when such further exa-
mination demonstrates that the employee is not disabled,
or when the appointing authority determines that the medi-
cal evidence submitted by the employee is insufficient, or
where the above conditions have not been met.
22
C. Communicable Disease. An employee may use paid sick leave cre-
its while un er a p ysician's orders to remain secluded due
to exposure to a communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. Every female
employee shallle entitled to at least four months leave of
absencq 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 state-
ment of disability from the employee's attending physi-
cian. 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 disabi-
lity 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 recom-
mend, 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 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 medical 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
23
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
r6ached. Authorization to use sick leave for this purpose
is contingent on availability of accumulated sick leave
crgdits; it is not an additional allotment of sick leave
which employees may charge.
F. Emergency Care of Family. Effective the first of the month
following the execution of this Agreement, an employee may use paid
sick leave credits (up to three (3) work days per incident, unless
the department head approves more) 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, if there is a real need for someone to
render care and no one else is available therefore, and if
alternative arrangements for the ill or injured person are
immediately undertaken.
G. Death of Family Member. An employee may use said sick leave cre-
dits 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, step-
son, daughter, stepdaughter, father, stepfather, mother, step-
mother, brother, sister, grandparent, grandchild, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law or
sister-in-law, of an employee.
14.3 Administration of Sick Leave. Accumulated paid sick leave credits
may not be used in the following situations:
1 . Self-inflicted Injury. For time off from work for an employee's
illness or injury caused by his or her willful misconduct.
2. Vacation. For an employee's illness or injury while the employee
is on vacation except when extenuating circumstances exist and the
appointing authority approves.
3. 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.
24
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 perfor-
mance of duty is subject to dismissal , suspension or demotion, sub-
ject to the County Employees Retirement Law of 1937. An appointing
authority after giving notice may place an employee on leave if the
appointing authority has filed an application for disability
retirement for the employee, or whom the appointing authority
believes to be temporarily or permanently physically or mentally
incapacitated for the performance of the employee's duties.
B. An appointing authority who has reasonable cause to believe that
there are physical or mental health conditions present in an
employee which endanger the health or safety of the employee, other
employees, or the public, or which impair the employee's perfor-
mance of duty, may order the employee to undergo at County expense
and on the employee's paid time, a physical , medical and/or
psychiatric exmination by a licensed physician and receive a report
of the findings on such examination. If the examining physician
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 Personnel Director 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
weeks in duration, the appointing authority may order the employee
to undergo at County expense a physical , medical, and/or
psychiatric examination by a licensed physician, and may consider a
report of the findings on such examination. If the report shows
that such employee is physically or mentally incapacitated for the
performance of duty, the appointing authority may take such action
25
as he deems necessary in accordance with appropriate provisions of
this Memorandum of Understanding.
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
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 Personnel to the Merit Board.
Alternatively, the employee may file a written election with the
Director of Personnel 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
26
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 Personnel to the Merit Board for
hearing under the Merit Board's Procedures, Section 1114-1128
inclusive. Medical reports submitted in evidence in such hearings
shall remain confidential information and shall not be a part of
the public record.
L. If the appeal is to a Disability Review Arbitrator, the employee
(and his representative) will meet with the County's representative
to mutually select the Disability Review Arbitrator, who may be a
defacto arbitrator, or a physician, or a rehabilitation specialist,
or some other recognized specialist mutually selected by the par-
ties. 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.
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 evi-
dence submitted by the County and the employee.
c. The arbitrator may order back pay or paid sick leave cre-
dits 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 benefits in lieu of temporary disability during any
absence from work which qualifies for workers' compensation
benefits.
Currently, the maximum 114850 pay" is one 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 Personnel Department, Safety and Benefits
Division.
27
B. Sick Leave and Vacation. Sick leave and vacation shall accrue
in accordance with the provision of State Labor Code 4850.
C. 4850 Pay Beyond One Year. If an injured employee remains eli-
gible -for workers' compensation temporary disability Tienefits
beyond one year, full salary will continue by integrating sick
leave and/or vacation accruals with workers' compensation
benefifs (use of vacation accruals must be approved by the
department and the employee) . If salary integration is no
longer availla le because accruals are exhausted, workers' com-
pensation benefits will be paid directly to the employee as
prescribed by workers' compensation laws.
D. Rehabilitation Integration. An injured employee who is eli-
gible for workers' compensation rehabilitation temporary disa-
bility benefits and who has exhausted 114850 pay" eligibility
will continue to receive full salary by integrating sick leave
and/or vacation accruals with workers' compensation rehabili-
tation 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. In�te9ration Formula. An employee's sick leave and/or vacation
charges ges shall -Ge calculated as follows:
C = 8 [1 - (W:S)]
Where C = Sick leave or vacation charge per day (in hours)
W = Statutory workers' compensation for a month
S = Monthly salary
14.6 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.
14.7 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
28
request, approved by the appointing authority; provided, however, that leaves
for pregnancy shall be granted in accordance with applicable state and federal
law. Upon request to the appointing authority, any employee who has permanent
status in the classified service shall be entitled to at least an eighteen (18)
week (less if-so requested by the employee) parental leave of absence,
commencing with the birth, adoption, or serious illness of a child or dependent
parent.
Insofar as pregnancy disability leave us used under Section 14.2D, that time
will not be considered a part of the 18 week parental leave period.
Additionally, an employee may choose to remain in a pay status by using
available sick leave (under Section 14), vacation, floating holiday or
compensatory time off entitlements during the 18 week parental leave; however,
use of accruals must be on a continuous basis from the beginning of the parental
leave period and may not be "broken" into segments used on a monthly basis
(except as may be required by SDI buyback under Section 14.7) . Parental leave
must be requested at least 30 days prior to the scheduled leave commencement
date unless an exigency arises.
Requests for leave without pay shall be made upon forms prescribed by the
Director of Personnel and shall state specifically the reason for the request,
the date when it is desired to begin the leave and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1 . Illness or disability;
2. pregnancy;
3. parental;
4. to take a course of study such as will increase his/her
usefulness on return to his/her position;
5. for other reasons or circumstances acceptable to the
appointing authority.
A leave without pay may be for a period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. 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.
Whenever an employee who has been granted a leave without pay desires to return
before the expiration of such leave, the employee shall so request of the
appointing authority in writing at least fifteen (15) days in advance of the
return for approval by the appointing authority. ' The Personnel Department shall
be notified promptly of such return. Failure to submit timely written notice
may result in the employee not being permitted !to return to work until the
required notice period has elapsed.
Except with respect to leave due to pregnancy, illness or disability, the deci-
sion of the appointing authority on granting or denying a leave of absence shall
be subject to appeal to the Personnel Director and not subject to appeal through
the grievance procedure set forth in Section 23 of this Memorandum of
Understanding.
29
15.2 Military Leave. Any employee in the merit system and 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 may be granted a leave of absence if
necessary in accordance with applicable state of federal laws. Upon termination
of such service or upon honorable discharge, the employee shall be entitled to
return to his/Ker 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 Personnel may deem necessary.
15.3 Leave of Absence Replacement. Any permanent employee in the merit
system who requests reinstatement to the classification held by the employee in
the same department at the time the employee was granted a leave of absence,
shall be reinstated to a position in that classification and department and then
only on the basis of seniority.
In case of severance from service by reason of the reinstatement of a permanent
employee, the provisions of Section 11 (Layoff and Seniority) shall apply.
15.4 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.
15.5 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 Duty. If called for jury duty in a Municipal , Superior, or
Federal Court, or for a Coroner's Jury, employees may remain in their regular
pay status, or they may take vacation leave or leave without pay and retain all
fees and expenses paid to them.
If an employee is called for jury duty and elects to remain in a regular pay
status and waive all fees other than mileage allowances received, the employee
30
• shall obtain from the Clerk or Jury Commissioner a certificate which shall indi-
cate the days attended and the fact that fees other than mileage are waived.
The employee shall furnish the court certificate to his/her department, which
shall be retained as a department record. When serving jury duty in a federal
court, an employee shall return all fees (other than mileage allowance) received
to the County. ,
When an employee is called for jury duty and elects to retain all fees, the
employee must take vacation leave or leave without pay. No court certificate is
required in this instance.
Employees shall advise their department as soon as possible if scheduled to
appear for jury duty.
Permanent-intermittent employees are entitled 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 Memorandum of Understanding.
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 and Welfare Life and Dental Care
17.1 The County will continue the existing County Group Health Plan program
of medical , dental and life insurance coverage through Delta Dental Plan,
Safeguard Dental Plan, Aetna Life Insurance and the medical insurance options of
Kaiser-Permanente Foundation Health Plan, the Contra Costa County Health Plan,
H.E.A.L.S. Health Plan, IPM Health Plan and Lifeguard Health Plan to all
permanent employees regularly scheduled to work twenty (20) or more hours per
week. However, the IPM and Lifeguard Health Plans will be terminated effective
March 1, 1988.
17.2 Health Plan Options & Rates. Effective January 1, 1988 the cost of
the existing County Group Health Plan Programs will be as follows:
31
Kaiser Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 87.98 $ 87.97 $ .O1
Delta . 103.32 102.76 .56
Safeguard 98.10 98.09 .01
Family (No Medicare)
No Dental 209.95 192.86 $ 17.09
Delta 244.63 208.14 36.49
Safeguard 230.92 208.13 22.79
Contra Costa Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 84.40 $ 84.39 $ .01
Delta 99.74 99.73 .01
Safeguard 94.52 94.51 .01
Family (No Medicare)
No Dental 213.45 213.44 .01
Delta 248.13 248.12 .01
Safeguard 234.42 234.41 .01
H.E.A.L.S. Health Plan Option
Category Total Cost Count Share Employee Share
Employee Only (No Medicare)
No Dental $ 94.37 $ 92.20 $ 2.17
Delta 109.71 97.59 12.12
Safeguard 104.49 96.98 7.51
Family (No Medicare)
No Dental 227.41 191 .48 $ 35.93
Delta 262.09 205.76 56.33
Safeguard 248.38 206.75 41 .63
IPM Health Plan Option
(to be terminated 3/1/88)
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 92.20 $ 88.25 $ 3.95
Delta 107.54 95.85 11 .69
Safeguard 102.32 95.59 6.73
32
Family (No Medicare)
No Dental 223.83 183.54 $ 40.29
Delta 258.51 192.22 66.29
Safeguard .244.80. 192.22 52.58
Lifeguard Health Plan Option
to be terminated 3/1/88
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $100.85 $ 89.40 $ 11.45
Delta 116.19 103.38 12.81
Safeguard 110.97 99.04 11.93
Family (No Medicare)
No Dental 229.05 189.19 39.86
Delta 263.73 204.90 58.83
Safeguard 250.02 204.46 45.56
1st Choice Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $138.07 $135.34 $ 2.73
Delta 153.41 148.70 4.71
Safeguard 148.19 144.84 3.35
Family (No Medicare)
No Dental $343.33 $318.33 $ 25.00
Delta 378.01 333.52 44.49
Safeguard 364.30 333.51 30.79
Dental Plans Only
Category Total Cost County Share Employee Share
Employee Only
Delta $ 16.57 16.56 .01
Safeguard 11 .35 11 .34 .01
Family (No Medicare)
Delta 35.91 35.90 .01
Safeguard 22.20 22.19 .01
The employee will pay a minimum of one cent ( .01) for any Health Plan or Dental
Care Coverage.
17.4 Increased Costs. All rates shown above include life insurance
coverage. The rates listed above are effective 1/8/88 and are based on the
County contributing up to a maximum of six dollars ($6.00) per month of
increased premium for a single subscriber and up to a maximum of fourteen
33
dollars ($14.00) per month of increased premium for a subscriber with depen-
dents.
Effective 8/1/88 the County will contribute up to six dollars ($6.00) per month
for a single subscriber and up to fourteen dollars ($14.00) per month for a
subscriber with dependents, based on the premium increase set by the
Kaiser-Permanente Foundation Health Plan.
Any increase in the Health Plan costs greater than the County contributions
identified above occuring during the duration of this Memorandum of
Understanding shall be borne by the employee.
17.5 Medicare Rates. Corresponding Medicare rates for employees covered
under this Memorandum of Understanding shall be as follows: for Employee Only
on Medicare by taking the Employee Only rate for the option selected and
subtracting the monthly Part B Medicare premium withheld from Social Security
payments for one enrollee; for Employee and Dependent(s) with one member on
Medicare by taking the Employee and Dependent(s) rate for the option selected
and subtracting the monthly Part B Medicare premium withheld from Social
Security payments for one enrollee; for Employee and De endent(s) with two mem-
bers on Medicare by taking the Employee and Dependent(s� rate for the option
selected and subtacting the monthly Part B Medicare premium withheld from Social
Security payments for two enrollees.
17.6 Partial Month. The County's contribution to the Health Plan premium
is payable for any month in which the employee is paid. If an employee is not
paid enough compensation in a month 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 with the
employee. If payment is not made, the employee shall be dropped from the health
plan. An employee is thus covered by the health plan for the month in which
compensation is paid.
17.7 Coverage During Absences. An employee who is on approved leave of
absence may convert to individual health plan coverage within thirty (30) days
of the commencement of leave.
Employees shall be allowed to maintain their Health Plan coverage at the County
group rate for twelve (12) months if on approved medical leave of absence pro-
vided that the employee shall pay the entire premium (i .e. , both employer and
employee share) for the Health Plan during said leave. Said payment shall be
made by the employee at a time and place specified by the County. Late pay-
ment shall result in cancellation of Health Plan coverage.
An employee who terminates County employment who has earned compensation for
actual time worked or is credited for time worked through vacation or sick leave
accruals, is only covered through the month in which he is credited with
compensation. An employee who terminates County employment may convert to
individual Health Plan coverage.
17.8 Retirement Coverage. Upon retirement, employees may remain in the
same County group medical plan if immediately before their retirement they are
34
either active subscribers to one of the County Health Plans or if on authorized
leave of absence without pay they have retained individual conversion membership
from the County plan.
17.9 Dual Covera e�. If a husband and wife both work for the County and one
of them is layoff, the remaining eligible shall be allowed to enroll or
transfer into %he health coverage combination of his/her choice.
An eligible employee who is no longer covered for medical or dental coverage
through a spouse's coverage shall be allowed to enroll or transfer into the
health coverage combination of his/her choice within thirty (30) days of the
date coverage is no longer afforded under the spouse's plan.
Section 18 - Probationary Period
18.1 Duration. All appointments from officially promulgated employment
lists for original entrance or promotion shall be subject to a probationary
period. This period shall be from six (6) months to two (2) years duration.
18.2 Listed below are those classes represented by the Association which
have probation periods in excess of six (6) months.
Welfare Fraud Investigator - One (1) year
District Attorney Sr. Inspector - One (1) year
18.3 When the probationary period for a class is changed, only new appoin-
tees to positions in the classification shall be subject to the revised proba-
tionary period.
18.4 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 proba-
tion. 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.
18.5 Rejection During Probation. An employee who is rejected during the
probation period and restored to the eligible list shall begin a new proba-
tionary 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, union
activities, or race, color, national origin, sex, age, handicap
or sexual orientation.
35
B. The appeal must be written, must be signed by the employee and set
forth the grounds and factsby which it is claimed that grounds for
appeal exist under subsection (A) and must be filed through the
Director of Personnel 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
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.
18.6 Regular Appointment. The regular appointment of a probationary
employee shall begin on the day following the end of the probationary period,
subject to the condition that the Director of Personnel 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 recom-
mended for permanent appointment. A probationary employee may be rejected at
any time during the probation period without regard to the Skelly provisions of
this Memorandum of Understanding, without notice and without right of appeal or
hearing. If 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 Memorandum of Understanding, an
employee rejected during the probation period from a position in the Merit
System to which the employee had been promoted or transferred from an eligible
list, shall be restored to a position in the department from which the employee
was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months
after being promoted or transferred from a position in the Merit System to a
position not included in the Merit System shall be restored to a position in the
classification in the department from which the employee was promoted or
transferred.
A probationary employee who has been rejected or has resigned during probation
shall not be restored to the eligible list from which the employee was certified
unless the employee receives the affirmative recommendation from the appointing
authority and is certified by the Personnel Director whose decision is final .
36
The Director of Personnel shall not certify the name of a person restored to the
eligible list to the same appointing authority by whom the person was rejected
from the same eligible list, unless such certification is requested in writing
by the appointing authority.
18.7 Layoff During Probation. An employee who is laid off during probation,
if reemployed in the same class by the same department, shall be required to
complete only the balance of the required probation.
If reemployed in another department or in another classification, the employee
shall serve a full probationary period. An employee appointed to a permanent
position from a layoff or reemployment list is subject to a probation period if
the position is in a department other than the department from which the
employee separated, displaced, or voluntarily demoted in lieu of layoff. An
appointment from a layoff or reemployment list is not subject to a probation
period if the position is in the department from which the employee separated,
displaced or voluntarily demoted in lieu of layoff.
18.8 Rejection During Probation of Laid Off Em to ee. An employee who has
achieved permanent status in the class before layoff and who subsequently is
appointed from the layoff list shall begin a new probation period if
subsequently certified and appointed in a different department or classification
than that from which the 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.
Section 19 - Promotion
19.1 Promotion shall be by competitive examination unless otherwise
provided in this Memorandum of Understanding.
19.2 Promotion Policy. The Director of Personnel , upon request of an
appointing authority, shall determine whether an examination is to be called on
a promotional basis.
19.3 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 Personnel 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.
19.4 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.
37
C. The incumbent must meet the minimum education and experience
requirements for the higher class.
D. The action must have approval of the Personnel Director.
E. The Association approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
19.5 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 promo-
tional list.
19.6 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits,
of seventy percent (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 the promotional
list is determined. No employee, however, shall receive more than a total of
five percent (5%) credit for seniority in any promotional examination.
19.7 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 20 - Transfer
20.1 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 Personnel 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;
D. the employee concerned shall have indicated agreement to the change
in writing;
38
E. the Director of Personnel 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.
20.2 Any employee or appointing authority who desires to initiate a
transfer may inform the Director of Personnel in writing of such desire stating
the reasons therefore. The Director of Personnel 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 ini-
tiative in accomplishing the transfer.
Section 21 - Resignations
An employee's voluntary termination of service is a resignation. Written
resignations shall be forwarded to the Personnel Department by the appointing
authority immediately on receipt, and shall indicate the effective date of ter-
mination. Oral resignation shall be immediately confirmed by the appointing
authority in writing to the employee and to the Personnel Department and shall
indicate the effective date of termination.
21 .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.
21 .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.
21 .3 Effective Resignation. A resignation is effective when delivered or
spoken to the appointing authority, operative either on that date or another
date specified.
21.4 Revocation. A resignation that is effective is revocable only by
written concurrance of the employee and the appointing authority.
21.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been
coerced by the appointing authority may be revoked within seven (7)
calendar days after its expression, by serving written notice on
the Director of Personnel and a copy on the appointing authority.
39
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 acknowledgement 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 Personnel
waiving the employee's right of appeal to the Merit Board in favor
of the employee's appeal rights under the grievance procedure con-
tained in Section 23 of the Memorandum of Understanding beginning
with Step C.
D. Disposition. If a final decision is rendered that determines that
the resignation was coerced, the resignation shall be deemed
revoked and the employee returned to duty effective on the day
following the decision but without loss of seniority or pay, sub-
ject to the employee's duty to mitigate damages.
Section 22 - Dismissal , Suspension, Demotion & Reduction Within Class
22.1 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:
1 . absence without leave,
2. conviction of any criminal act involving moral turpitude,
3. conduct tending to bring the merit system and/or the Office of the
District Attorney into disrepute,
4. disorderly or immoral conduct,
5. incompetence or inefficiency,
6. insubordination,
7. being at work under the influence of liquor or drugs, carrying onto
the premises liquor or drugs or consuming or using liquor or drugs
during work hours and/or on County premises,
8. neglect of duty, (i.e. non-performance of assigned respons-
ibilities),
9. negligent or willful damage to public property or waste of public
supplies or equipment,
10. violation of any lawful or reasonable regulation or order given by
a supervisor or department head,
11 . willful violation of any of the provisions of the merit system
ordinance or Personnel Management Regulations,
12. material and intentional misrepresentation or concealment of any
fact in connection with obtaining employment,
13. misappropriation of County funds or property,
14. unreasonable failure or refusal to undergo any physical, medical ,
and/or psychiatric exam and/or treatment authorized by this
Memorandum of Understanding,
40
15. dishonesty or theft,
16. excessive or unexcused absenteeism and/or tardiness,
17. 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 unrgasonably interfering with an individual 's work performance,
or creating an intimidating and hostile working environment.
22.2 Skelly Requirements - Notice of Proposed Action (Skelly Notice).
Before taking a disciplinary action to ismiss, suspend, for more than five (5)
work days (four !41 work days for employees on 114-10" 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.
B. A copy of the charges; including the acts or ommissions and grounds
upon which the action is based.
C. If it is claimed that the employee has violated a rule or regula-
tion 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.
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.
22.3 Leave Pending Empl yee Response. Pending response to a Notice of
Proposed Action within the first seven 7) days or extension thereof, the
appointing authority for cause specified in writing may place the employee on
temporary leave of absence, with pay.
22.4 Suspensions without pay shall not exceed thirty (30) days unless
ordered by an arbitrator, an adjustment board or the Merit Board. The thirty
(30) day limit does not apply to suspension due to pending criminal charges as
provided in 22.5 below.
22.5 Notice of Suspension Without Pay Due to Pending Criminal Charges.
Before suspending an employee due to pending criminal charges, the appointing
authority shall cause to be served either personally or by certified mail, on
the employee, a Notice of Suspension Due to Pending Criminal Charges, which
shall contain the following:
41
A. A statement that the employee is suspended while criminal charges
are pending or until the charges are dismissed.
B. A statement of the charges upon which the suspension is based and
of the facts by which such charges adversely affect the County ser-
vice or conflict with continued employment.
C. A statement that the employee may respond to the appointing
authority either orally or in writing within seven (7) calendar
days.
D. A statment that disciplinary action may be taken after disposition
of the charges.
E. The Notice of Suspension Due to Pending Criminal Charges may
include a Notice of Proposed Action (Skelly Notice) under Section
22.2.
F. An appointing authority, upon giving notice as provided in this
Section 22, may immediately suspend without pay an employee against
whom there is pending a criminal charge which adversely affects the
County service or conflicts with continued employment. Pending
criminal charges exist when an employee has been arrested or has
been named a defendant in a criminal complaint or indictment filed
in any court.
G. The Personnel Director may order lost pay restored for good cause,
and subject to the employee's duty to mitigate damages, but not if
the employee 1) is given a Notice of Proposed Action (Skelly
Notice) and 2) is dismissed or otherwise disciplined for cause
directly related to the charges within fourteen (14) calendar days
after the appointing authority has knowledge of final disposition
of the charges.
22.6 Procedure on Dismissal , Suspension, Reduction Within Class,
or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, reduce within class
or demote an employee having permanent status in a position in the
merit system after having complied with the Skelly requirements
where applicable, the appointing authority shall make an order in
writing stating specifically the causes for the action.
B. Service of Order. Said order of dismissal , suspension, or reduc-
tion within class or demotion shall be filed with the Director of
Personnel , showing by whom and the date a copy was served upon the
employee to be dismissed, suspended, reduced within class 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, demotion or reduction within class either to
42
the Merit Board or through the procedures of Section 23 -
Grievance Procedure of this Memorandum of Understan ing provided
t at such appeal is filed in writing with the Personnel Director
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 23 of this Memorandum of Understanding.
Section 23 - Grievance Procedure
23.1 A grievance is any dispute which involves the interpretation or
application of any provision of this Memorandum of Understanding excluding,
however, those provisions of this Memorandum of Understanding which specifically
provide that the decision of any County official shall be final , the interpre-
tation 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
occurence about which the employee claims to have a grievance and shall be
processed in the following manner:
A. Step 1 . Any employee or group of employees who believes that a
provision of this Memorandum of Understanding has been misin-
terpreted 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.
B. 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 Memorandum of Understanding has been
misinterpreted or misapplied, how misapplication or misinterpre-
tation 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 Personnel . The
department head or his or her designee shall have ten (10) work
days in which to respond to the grievance in writing.
C. 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 Personnel Director. The Personnel Director or designee
shall have twenty (20) work days in which to investigate the merit
of the complaint and to meet with the department head and the
employee and attempt to settle the grievance and respond in
writing.
D. Step 4. No grievance may be processed under this Step 4 which has
not first been filed and investigated in accordance with paragraph
(C) above and filed within 7 work days of the written response of
the Personnel Director or his/her 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 Memorandum of
43
Understand-ing, 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 offi-
cial of the Association presenting this grievance, and three (3)
representatives of the County, no more than two (2) of whom shall
be eit4er an employee of the County or a member of the staff or 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.
E. 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 23.5) may require that the grievance be referred
to an impartial arbitrator who shall be designated by mutual
agreement between the employee and the Personnel Director. Such
request shall be submitted within twenty (20) work days of the ren-
dering of the Adjustment Board decision. Within 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 pre-
sentation, including preparation and post hearing briefs, if any.
23.2 The time limits specified above may be waived by mutual agreement of
the parties to the grievance. If the County fails to meet the time limits spe-
cified in steps 1 through 3 above, the grievance will automatically move to the
next step. If an employee fails to meet the time limits specified in steps 1
through 4 above, the grievance will be deemed to have been settled and
withdrawn.
23.3 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 for-
mal presentation.
23.4 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Personnel
Director. Only complaints which allege that employees are not being compen-
sated in accordance with the provisions of this Memorandum of Understanding
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
Memorandum of Understanding which results from such meeting and conferring pro-
cess 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 Memorandum of Understanding or interpretations thereof (except
interpretations resulting from Adjustment Board proceedings hereunder) will be
recognized unless agreed to by the County and the Association.
44
23.5 No Strike. During the term of this Memorandum of Understanding, the
Association, its members and representatives, agree that it and they will not
engage in, authorize, sanction, or support any strike, slowdown, stoppage of
work, sicko.ut, or refuse to perform customary duties.
In the case of a legally declared lawful strike against a private or public sec-
tor employer which has been sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of physical harm shall not be
required to cross the picket line, provided the employee advises his or her
supervisor as soon as possible, and provided further that an employee may be
required to cross a picket line where the performance of his or her duties is of
an emergency nature and/or failure to perform such duties might cause or aggra-
vate a danger to public health or safety.
23.6 Merit Board.
A. All grievances of employees in representation units represented by
the Association shall be processed under Section 23 unless the
employee elects to apply to the Merit Board on matters within its
jurisdiction.
B. No action under Paragraph C and D of Subsection 23.1 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.
23.7 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 Memorandum of Understanding.
Section 24 - Retirement Contribution
Pursuant to Government Code Section 31581 .1, the County will continue to pay
fifty percent (50%) of the retirement contributions normally required of
employees. Such payments shall continue for the duration of this Memorandum of
Understanding, and shall terminate thereafter. Employees shall be responsible
for payment of the employees' contribution for the retirement cost of living
program as determined by the Board of Retirement of the Contra Costa County
Employees' Retirement Association without the County paying any part of the
employees' share. The County will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
Section 25 - Safety
The County shall expend every effort to see to it that the work performed under
the terms and conditions of this Memorandum of Understanding is performed with a
maximum degree of safety consistent with the requirement to conduct efficient
operations.
45
Section 26 - Mileage
Effective October 1 , 1982 mileage allowance for the use of personal vehicles on
County business shall be paid according to the following per month formula:
1 - 400 miles $ .22 per mile
401 - plus miles .16 per mile
The above rates shall be adjusted to reflect an increase or decrease in the cost
of gasoline which shall be determined as provided below on the basis of the
average price for "gasoline, all types" per gallon as listed in Table 5,
"Gasoline Average Prices per gallon, U.S. City Average and Selected Areas" for
the San Francisco-Oakland California area published by the Bureau of Labor
Statistics, U.S. Department of Labor, hereinafter referred to as the "Energy
Report."
The above mileage rates shall be increased or decreased by. one cent (1/) for
each fifteen cents (15/) increase or decrease in the base price for gasoline
which shall be defined as the average price of gasoline per gallon for July,
1979 as published in the Energy Report. Any such rate increase or decrease
shall be effective the first of the month following publication of the index.
The mileage rate increase or decrease based on the Energy Report shall be con-
tingent upon the continued availability of the official monthly Energy Report in
its present form and calculated on the same basis unless otherwise agreed upon
by the parties.
Section 27 - Pa_�Warrant Errors
If an employee receives a pay warrant which has an error in the amount of com-
pensation 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 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 July 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 disco-
very 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 Personnel or designee, or the Auditor-Controller or designee.
Recovery of fraudulently accrued over or underpayments are excluded from this
section for both parties.
Section 28 Provisional Appointment
Whenever an appointing authority makes a request for personnel to fill a posi-
tion 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 cer-
tification will accept appointment to the position, the Director of Personnel
46
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:
1 . If an examination has been announced for the class and
recruitment of applicants is in process, the Director of
Personnel may authorize a continuation of provisional appoint-
ments until an eligible list is established.
2. 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 Personnel 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.
Section 29 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 person-
nel file in the Personnel Department or in the employee's personnal 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 Personnel Department or in an official personnel
47
file maintained by their department. Copies of written reprimands or memoranda
pertaining to an employee's unsatisfactory performance which are to be placed in
the employee's personnel file shall be given to an employee who shall have the
right to respond in writing to said documents. Letters of reprimand are subject
to the grievance procedure but shall not be processed past Step 3 unless said
letters are used in a subsequent discharge, suspension, reduction within class
or demotion of .the employee. Copies .of letters of commendation which are to be
placed in the employee's personnel file will be given to the employee.
Employees have the right to review their official personnel files which are
maintained in the Personnel Department or by their department. In a case
involving a grievance or disciplinary action, the employee's designated repre-
sentative may also review his or her personnel file with specific written
authorization from the employee.
Section 30 - Service Awards
The County shall continue its present policy with respect to service awards
including time off; provided, however, that the type of award given shall be at
the sole discretion of the County.
Section 31 - Reimbursement for Meal Expenses
Employees shall be reimbursed for meal expenses under the following circumstan-
ces and in the amount specified:
1 . When the employee is required to be out of his/her regular or nor-
mal 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 aboard or commission.
3. When the employee is required to incur expenses as host for offi-
cial 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 or more hours of
overtime; in this case he or she may be reimbursed in accordance
with the Administrative Bulletin on Expense Reimbursement.
Meal costs will be reimbursed only when eaten away from home or away from the
facility in the case of employees at 24-hour institutions.
Procedures and definitions relative to reimbursement for meal expenses shall be
in accordance with the Administrative Bulletin on Expense Reimbursement.
48
Section 32 - Compensation for Loss or Damage to Personal Property
The loss or damage to personal property of employees is subject to reimbursement
under the following conditions.
1 . 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.
2. Ordinary wear and tear of personal property used on the job is not
compensable.
3. Employee tools or equipment provided without the express approval
of the department head and automobiles are excluded from
reimbursement.
4. The loss or damage must have occurred in the line of duty.
5. The loss or damage was not a result of negligence or lack of proper
care by the employee.
6. The personal property was necessarily worn or carried by the
employee in order to adequately fulfill the duties and requirements
of the job.
7. 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.
8. 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.
9. The burden of proof of loss rests with the employee.
10. Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to
Personal Property.
Section 33 - 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. Allegations of an unfair labor practice, if not resolved in
discussions between the parties, may be heard by a mutually agreed upon impar-
tial third party.
49
a
• Section 34 - 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 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 eligi-
bility, service credits shall include all credits accumulated at time of separa-
tion, but shall not include the period of separation. The Personnel Director
shall determine these matters based on the employee status records in the
Personnel Department.
Section 35 - Permanent Part-Time Employee Benefits
Permanent part-time employees receive prorated vacation and sick leave benefits.
They are eligible for health, dental and life insurance benefits at
corresponding premium rates providing they work at least 50% of full time. If
the employee works at least 50% of full time, County retirement participation is
also included.
Section 36 - Permanent Intermittent Employee Benefits
Permanent intermittent employees are eligible for prorated vacation and sick
leave benefits.
Section 37 - Permanent Intermittent Employees Health Plan
Effective July 1 , 1985 a permanent intermittent employee represented by the
District Attorney Investigators' Association 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 38 - 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.
Effective July 1 , 1985, said provisional employees may participate in the
County Group Health Plan of medical , dental and life insurance coverage 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 pre-
mium 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 39 Professional Membership Stipend
Effective July 1 , 1986 the County agrees to reimburse employees in the District
Attorney Investigators' Unit eighteen dollars ($18.00) per year per employee
towards annual membership dues in one of the following professional organiza-
tions: California Association of Polygraph Examiners; California Check
Investigators' Association; California District Attorney Investigators'
Association; California Homicide Investigators' Association; California Peace
Officers' Association; California Welfare Fraud Investigators' Association; or
Peace Officers' Research Association of California.
Reimbursement in the amount prescribed above will be processed upon presentation
of a verified receipt to the Auditor-Controller's Office showing payment of
annual membership dues for one of the professional organizations listed above.
Section 40 Safety Equipment
a) The County agrees to continue to provide newly hired Inspectors with all
required safety equipment. Said equipment shall remain the property of the
County;
b) Safety equipment owned by the County deemed unserviceable by the
District attorney or his authorized representative shall be turned over to the
County and a replacement shall be furnished by the District Attorney or his
authorized representative;
c) The provisions of this replacement program do not apply to safety
equipment damaged or otherwise rendered unserviceable as a result of employee
negligence, subject to the provisions of Section 3802 of the California Labor
Code;
d) The District Attorney or his designated representative retains the
right to render final decisions on the serviceablility of safety equipment.
Section 41 Feasibility of Use of Semi-Automatic Weapons
The County agrees to study the feasibility of the use of semi-automatic weapons
for employees covered by this Memorandum of Understanding. The criteria and
principles developed by the County and the Deputy Sheriffs' Association in the
study they are currently conducting will be utilized.
Section 42 Dependent Care
A. Dependent Care Information & Referral Service - On or about
March 1, 1988 the County will administer an Information &
Referral Service" through the Contra Costa Child Care Council
for the duration of this Memorandum of Understanding.
B. Dependent Care Salary Contribution - Effective the first pay
period in August 1988, subject to the applicable provisions of
the Internal Revenue Service, employees may contribute up to
$5,000 each calendar year from their salaries for approved
51
• dependent care; only eligible employees may contribute for
such expenses; there is no County contribution for dependent
care.
Reimbursements are made on a monthly basis subject to
submission of itemized statements, adequate accumulation of
the salary contribution, proof of payment, and applicable
County administrative procedures.
Section 43 Revised County-wide Sick Leave Policy
The County agrees to meet and confer with the Association along with the other
employee organizations in the coalition regarding implementation of a revised
County-wide Sick Leave Policy. Such meet and confer sessions shall take place
during the term of this memorandum of understanding.
Section 44 Adoption
The provisions of this Memorandum of Understanding shall be made applicable on
the dates indicated and upon approval by the Board of Supervisors. Resolutions
and Ordinances, where necessary, shall be prepared and adopted in order to
implement these provisions: It is understood that where it is determined that
an Ordinance is required to implement any of the foregoing provisions, said pro-
visions shall become effective upon the first day of the month following thirty
(30) days after such Ordinance is adopted.
Section 45 Scope of Agreement & Separability of Provision
45.1 Scope of Agreement. Except as otherwise specifically provided herein,
this Memorandum of Understanding 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.
45.2 Separability of Provisions. Should any section, clause or provision
of this Memorandum of Understanding be declared illegal , unlawful or unenforce-
able, by final judgment of a court of competent jurisdiction, such invalidation
of such section, clause or provision shall not invalidate the remaining portions
hereof, and such remaining portions shall remain in full force and effect for
the duration of this Memorandum of Understanding.
45.3 Personnel Management Regulations. Where a specific provision con-
tained in a section of this Memorandum of Understanding conflicts with a speci-
fic provision contained in a section of the Personnel Management Regulations,
the provision of this Memorandum of Understanding shall prevail. It is
recognized, however, that certain provisions of the Personnel Management
Regulations may be supplementary to the provisions of this Memorandum of
Understanding or deal with matters not within the scope of representation and as
such remain in full force and effect.
45.4 Duration of Agreement. This Agreement shall continue in full force
and effect from July 1 , 1987 to and including June 30, 1989. Said agreement
shall automatically renew from year to year thereafter unless either party gives
52
i4ritten notice to the other prior to sixty (60) days from the aforesaid ter-
mination date of its intention to amend, modify or terminate the agreement.
Section 46 .- Past PracticesandExisting 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 Memorandum of Understanding; provided, however, that'only during the term
of this Memorandum of Understanding which expires June 30, 1989, 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 repre-
sented by the Association who reach agreement with the Department Head on a spe..;
cific policy covering a group of employees such as a reassignment policy, the
alleged violation of said past practice will be subject to the grievance proce-
dure. 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 Memorandum of
Understanding in order to be considered a past practice pursuant to this
provision.
Date:
District Attorney Investigator's Association Contra Costa County
Y
By B
By By
53
ATTACHMENT A
The District Attorney Investigator's Association and the County have met and
conferred in good faith regarding wages, hours and other terms and conditions of
employment for employees in project classes which except for the project
designation would be represented by the District Attorney Investigator's
Association. For example, District Attorney Senior Inspector is represented
by the Association, therefore it has been agreed that District Attorney Senior -
Inspector-Project will also be represented by the District Attorney
Investigator's Association.
Other Project classes that are not readily identifiable as properly included in
bargaining units represented by the District Attorney Investigators' Association
shall be assigned to bargaining units in accordance with the provisions of
Section 34-12.015 of Board of Supervisors Resolution 81/1165 as set forth in
Section 2.8 of this Memorandum of Understanding.
The 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 District
..Attorney Investigators' Association in the following respects.
1. Project employees are not covered by the Merit System
2. Project employees may be separated from service at any time
without regard to the provisions of this Memorandum of
Understanding, without notice and without right of appeal or
hearing or recourse to the grievance procedure as it applies
to suspensions, demotions or discharge.
3. Any provision of this Memorandum of Understanding which per-
tains to layoff or seniority are not applicable to project
employees.
EXHIBIT A
TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY & THE DISTRICT ATTORNEY INVESTIGATORS' ASSOCIATION
Wages Effective February 1. 1988
Class Title Class Level Salary Range
District Attorney 6K7A C5-1148 $1432 - 1740
Investigator Aide
District Attorney 6KVA C5-1811 $2778 - 3376
Senior Inspector
Senior Welfare Fraud 6KVB C5-1811 $2778 - 3376
Investigator
Welfare Fraud Investigator 6KWB C5-1665 $2401 - 2918