HomeMy WebLinkAboutMINUTES - 03291988 - 1.45 11117
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 29, 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 Contra ) 88/147
Costa County Appraiser's Association )
The Contra Costa County Board of Supervisors RESOLVES THAT:
1 . On March 28, 1988, the Employee Relations Officer submitted the
Memorandum of Understanding dated March 24, 1988, entered into with the Contra
Costa County Appraiser's Association and the following unit represented by the
Association:
Property Appraiser's Unit
2. This Board having thoroughly considered said Memorandum of
Understanding, the same is approved.
3. Salaries and Terms, and Conditions of Employment, Contra Costa
County Appraiser's Association. The Memorandum of Understanding with the Contra
Costa County Appraiser's Association is attached hereto, marked Exhibit A; and
Section Numbers 1 through 42 inclusive are incorporated herein as if set forth
in full and made applicable to the employees in the above named unit and Section
5.2 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 RESOLUTION is effective as of October 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 Supe ors on the date shown.
ATTESTED: 124
aen,e.h2 Z /f II
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By , Deputy
Orig: Personnel Department
County Administrator
County Counsel
Auditor-Controller
Contra Costa County Appraiser's Association
I .E.D.A./via Personnel
RESOLUTION NO 88/147
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Memorandum of Understanding
Between
Contra Costa County
And
Contra Costa County Appraisers' Association
This Memorandum of Understanding is entered into pursuant to the authority
contained in Division 34 of 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 Resolution 81/1165.
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment for the employees in units in which the
Union is the recognized representative, have freely exchanged information,
opinions and proposals and have endeavored to reach agreement on all matters
relating to the employment conditions and employer-employee relations covering
such employees.
This 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 October 1 , 1987 and
ending September 30, 1989.
Definitions:
A. "Appointing Authority" means Department Head unless otherwise pro-
vided by statute or ordinance,
B. "Association" means Contra Costa County Appraisers' 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 descrip-
tive title maybe used to designate each position allocated to the
group.
D. "Class Title" means the des i,gnation given to a class, to each posi-
tion 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
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.
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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.
1. "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 involun-
tarily separated by layoff or displacement or have voluntarily
demoted in lieu of layoff.
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.
�. "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 interrup-
tion, 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.
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
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within five (5) percent of the top step, except as otherwise pro-
vided for in ..the Personnel Management Regulations, deep class reso-
lutions 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 reap-
pointment under the Personnel Management Regulations governing
reemployment.
U. "Resignation" means the voluntary termination of permanent
employment with the County.
U. "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 representation unit(s) listed below, and such
organization has been certified as such pursuant to Chapter 34-12 of Board
Resolution 81/1165.
A. Property Appraisers' Unit
Section 2 - Association Security
2.1 Dues Deduction. Pursuant .to Chapter 34-26 of Board Resolution 81/1165,
only a majority representative may have dues deduction and as such the
Association has the exclusive privilege of dues deduction for all members in its
units.
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 2.3. 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
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.
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2.2 Maintenance of Membership. All employees in units represented by the
Association who are currently paying dues to the Association and all employees
in such units who hereafter become members of the Association shall, as a con-
dition 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 position to which the employee is
assigned, unless the employee has exercised the option to cease paying dues in
accordance with Section 2.3.
2.3 Withdrawal of Membership. By notifying the Auditor-Controller's
Department in writing, between May 1 and May 31 , 1988, any employee may withdraw
from Association membership and discontinue paying dues as of the payroll period
commencing May 1 , 1988, discontinuance of dues payments to then be reflected in
the June 10, 1988 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.
2.4 Communicating With Employees. The Association shall be allowed to use
designated portions of bulletin boards or display areas in offices in which
there are employees represented by the Association, provided the communications
displayed have to do with official organization business such as times and pla-
ces of meetings and further provided that the employee organization
appropriately posts and removes the information. The Department Head reserves
the right to remove objectionable materials after notification 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 Department Head or designated representative; said
representatives may distribute employee organization literature in work areas
(except work areas not open to the public) if the nature of the literature and
the proposed method of distribution are compatible with the work environment and
work in progress.
Such placement and/or 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
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purposes is the reason for the visit, will be made with the departmental
representative in charge of the work area, and the visit will not interfere
with County services.
2.5 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
maintain scheduling of such uses. The Association shall maintain proper order
at the meeting, and see that the space is left in a clean and orderly condition.
The use of County equipment (other than items normally used in the conduct
of business meetings, such as desks, chairs, ashtrays, and blackboards) is
strictly prohibited, even though it may be present in the meeting area.
2.6 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.
The listing of an item on a public agenda or the mailing of a copy of a proposal
at least seventy-two (72) hours before the item will be heard, or the delivery
of a copy of the proposal at least twenty-four (24) hours before the item will
be heard, shall constitute notice.
in cases of emergency when the Board, or boards and commissions designated by
the Board, determines it must act immediately without such notice or meeting, it
shall give notice and opportunity to meet as soon as practical after its action.
2.7 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification in any of the
bargaining units represented by the Association, that the employee's
classification is represented by the Association and the name of a represen-
tative of the Association. The County will provide the employee with a packet
of information which has been supplied by the Association and approved by the
County.
2.8 List of Employees with Dues Deduction. The County shall provide the
Association. with a monthly list of employees who are paying dues to the
Association.
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' 2.9 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
existing representation units, and within a reasonable period of
time, shall notify all recognized employee organizations of his
determination.
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
Resolution 81/1165.
Section 3 - No Discrimination
There shall be no discrimination because of race, creed, color, national origin,
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 discri-
mination because of age. There shall be no discrimination against any han-
dicapped person solely because of such handicap unless that handicap prevents
the person from meeting the minimum standards established for the position or
from carrying out the duties of the position safely or in a manner that does not
endanger the health of such person.
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:
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 meetings, schedule at reason-
able times agreeable to all parties, required for settlement -of
grievances filed pursuant to Section. 23 (Grievance Procedure) of
this Memorandum;
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D. If they are designated as an official representative, in which case .
they may utilize a reasonable time at each level of the proceed-
ings 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, 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
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 mat- .
ters within the scope of representation, provided that the number of such repre-
sentatives 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 Department Head.
Section 5 - Salaries
5.1 General Wage Increases
A. Effective October 1 , 1987, each represented classifica-
tion shall receive a general wage increase of 30 levels
on the County Salary Schedule (3%). -
B. Effective October' l , 1988, each represented classifica-
tion shall receive a general wage increase of 39 levels
on the County Salary Schedule (4%) .
5.2 Lump Sum Payment & Pay Equity Study
A. Lump Sum Payment
In lieu of a retroactive pay requiring special payroll
recomputation processing back to October 1 , 1987, the
County will make a "lump sum payment" to each employee
for the months of October, November, December 1987 and
January, February 1988, computed as follows: Payroll
quarter-to-date (October, November and December 10th and
25th payrolls) gross earnings (base pay (minus AWOP),
overtime,_ shift differential , hazard duty pay, career
incentive, and other differential payments ordinarily
computed as a percentage of base pay) plus January and
February 10th and 25th payrolls gross earnings will be
added together for each employee (retro pay base) .
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4th QTD 1987+ Jan. 188 + Feb.. '88 = Retro Pay Base
v
RPB X 3% = Lump Sum Payment
Then the Retro Pay Base will be multiplied by 3% for all
employees to compute the lump sum payment.
The lump sum payment will be added to employees' regular
April 10th pay warrants and is subject to normal tax
withholding and retirement deduction requirements.
B. Pay Equity Study
1 . A pay equity study will be carried out by the
County using County Staff and resources. The
County shall attempt to complete the study in
order that the results shall be available for
the meet and confer process during 1989.
2. In formulating the pay equity study, the
Director of Personnel shall meet with a
Labor-Management Task Force, which shall include
one representative appointed by each
participating union and a number of management
personnel equal to the total number of union
representatives appointed by the County
Administrator. Such task force meeting will
occur 30 days after the adoption of the relevant
Memoranda of Understanding.
3. The Chair of the Board of Supervisors or the
Chair' s designee shall chair the
Labor-Management Task Force as a non-voting
member. Actions and recommendations of the Pay
Equity Task Force must be approved by a majority
of management and a majority of union votes.
Minority reports may be filed by the management
or the union side if proposed actions or
recommendations do not receive joint approval .
Recommendations from the Labor-Management Task
Force regarding the methodology to be used in
conducting the study shall be submitted to the
Board of Supervisors for approval sixty days
(60) after the first meeting of the Labor-
Management Task Force.
4. Staff for the Labor-Management Task Force shall
be provided by the Personnel Department.
5. Recommendations from the Pay Equity Study shall
be submitted to the Board of Supervisors for
approval .
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6. Pay Equity recommendations which are approved by
the Board of Supervisors shall be implemented in
such fashion that the County will provide fifty
cents in pay equity adjustments for each one
dollar general wage increase authorized for the
classifications represented by the participating
unions collectively, provided that the total of
pay equity adjustments in any fiscal year shall
not exceed twenty-five percent of the general
payroll increase.
7. Each participating union will promise not to
bring or support comparable worth or pay equity
litigation against Contra Costa County or any
agent, servant, officer, or employee of Contra
Costa County and further promise that in the
event litigation advancing comparable worth or
pay equity claims is brought against the County
or any of its agents, servants, officers, or
employees, within five years from the effective
date of this agreement, by any person(s)
employed or formerly employed in a class(s)
represented by the participating unions, the
union(s) representing such class(s) shall pay
one half of the County' s attorney fees and
costs, provided that the union is not named as a
co-defendant in such litigation.
5.3 Entrance Salary. New employees shall generally be appointed at the
minimum step of the salary range established for the particular class of posi-
tion to which the appointment is.made. However, the appointing authority may
fill a particular position at. a step above the minimum of the range.
5.4 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
ay of the calendar month after the calendar month when the
employee successfully completes six (6) months service provided
however, if an employee began work on the first regularly scheduled
workday of the month, the.anniversary date is the first day of the
calendarmonth when the employee successfully completes six months
service.
B. Promotions. The anniversary date of a promoted employee is deter-
mined as for a new employee in Subsection 5.4 A above.
C. Transfer, Reallocation and Reclassification. The anniversary date
of an employee who is transferred to another position or one whose
position has been reallocated or reclassified to a class allocated
to the same salary range or to a salary range which is within five
(5) percent of the top step of the previous classification, remains
unchanged.
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D. Reemployments. The anniversary of an employee appointed from a
reemployment list to the first step of the applicable salary range
and not required to serve a probation period is determined in the
same way as the anniversary date is determined for a new employee
who is appointed the same date, classification and step and who
then successfully completes the required probationary period.
E. Notwithstanding other provisions of this Section 5, the anniversary
of an employee who is appointed to a classified position from out-
side 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 year of the calendar month after the calendar month_
when the employee was appointed or transferred; provided, however,
when the appointment or transfer is effective on the employee's
first regularly scheduled work day of that month, his anniversary
is one (1 ) year after the first calendar day of that month.
5.5 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 5.4 to determine
whether the salary of the employee shall be advanced to the next higher step in
the salary range. Advancement shall be granted on the affirmative recommendation
of the appointing authority, based on satisfactory performance by the employee.
The appointing authority may recommend denial of the increment or denial subject
to one additional review at some specified date before the next anniversary,
which must be set at the time the original report is returned.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1 ) step within-range
increment be granted at one time, except as otherwise provided' in deep class
resolutions. In case an appointing authority recommends denial of the
within-range increment on some particular anniversary date, but recommends a
special salary review at some date before the next anniversary, the special
salary review shall not affect the regular salary review on the next anniversary
date. Nothing herein shall be construed to make the granting of increments
mandatory on the County. If an operating department verifies in writing that an
administrative or clerical error was made in failing to submit the documents
needed to advance an employee to the next salary step on the first of the month
when eligible, said, advancement shall be made retroactive to the first of the
month when eligible.
5.6 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.
5.7 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
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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.$ position Reclassification. An employee who is an incumbent of a position
which is reclassified to a class which is allocated to the same range of the basic
salary schedule as is the class of the position before it was reclassified, shall
be paid at the_same step of the range as the employee received under the previous
classification.
An incumbent of a position which is reclassified to a class which is allocated
to a lower range of the basic salary schedule shall continue to receive the same
salary as before the reclassification, but if such salary is greater than the
maximum of the range of the class to which the position has been reclassified,
the salary of the incumbent shall be reduced to the maximum salary for the new
classification. The salary of an incumbent of a position which is reclassified
.to a class which is allocated to a range of the basic salary schedule greater
than the range of the class of the position before it was reclassified shall be
governed by the provisions of Section 5.10 - Salary on Promotion.
5.9 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an employee in a class
which is reallocated 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 pre-
viously 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 5.9A above, each incumbent of a position in the
reallocated class shall be placed upon the step of the new range
which equals the rate of pay received before the reallocation. In
the event that the steps in the new range do not contain the same
rates as the old range, each incumbent shall be placed at the step
of the new range which is next above the salary rate received in
the old range, or if the new range does not contain a higher step,
at the step which is next lower than the salary received in the old
range.
C. In the event an employee is in a position. which is reallocated to a
different class which is allocated to a salary range the same as,
above or below the salary range of the employee's previous class,
the incumbent shall be placed at the step in the new class which
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equals the rate of pay received before reallocation. In the event
that the steps in the range for the new class do not contain the
same rates as the range for the old class, the incumbent shall be
placed at the step of the new range which is next above the salary
rate received in the old range; or if the new range does not con-
tain 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 5.9.
5.10 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 5.13, 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.
5.11 Salary on Appointment from a Layoff List. in the event of the
appointment of a laid-off employee from the layoff list to the class from which
the employee was laid off, the employee shall be appointed at the step which the
employee had formerly attained in the higher class unless such step results in
an increase of less than five percent (5%) , in which case the salary shall be
adjusted to the step in the new range which is five percent greater than the
next higher step, if the new range permits such adjustment.
5.12 Salary on Involuntary Demotion. Any employee who is demoted, except
as provided under Section 5.13, 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.
5.13 Salary on Voluntary Demotion. Whenever any employee voluntarily
demotes to a position in a class having a salary schedule lower than that of
the class from which he or she demotes, his or her salary shall remain the same
if the steps in his or her new (demoted) salary range permit, and if not, new
salary shall be set at the step next below former salary.
5.14 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
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event that the steps in the range for the new class do not contain the same
rates as the range for the old class, the employee shall be placed at the step
of the new range which is next above the salary rate received in the old range;
or if the new range does not contain a higher step, the employee shall be placed
at the step which is next lower than the salary received in the old range.
Whenever a permanent employee transfers to or from a deep class, as provided in
the appropriate deep class resolutions, the salary of that employee shall be set
as provided in the deep class. resolutions at a step not to exceed a 5% increase
in the employee's base salary.
However, if the deep class transfer occurs to or from a deep class with specified
levels identified for certain positions and their incumbents, the employee's
salary in the new class shall be set in accordance with the section on "salary
on promotion" if the employee is transferring to another class or to a level in
a deep class for which the salary is at least 5% above the top step of the deep
class level or class in which they have status currently.
5.15 Pay for Work in Higher Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which
the compensation is greater than that to which the employee is regularly
assigned, the employee shall receive compensation for such work at the. rate of
pay established for the higher classification pursuant to Subsection 5.10 Salary
on Promotion of this Memorandum, commencing on the twenty-first 21st 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. Higher pay assignments shall not exceed six (6) months except
through reauthorization.
6. 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.
7. Any incentives (e.g., the education incentive) and special dif-
ferentials (e.g. , bilingual differential and hazardous duty
13
ry
differential ) accruing to the employee in his/her permanent posi-
tion shall continue.
8. During the period of work for higher pay in a higher classifica-
tion, an employee will retain his/her permanent classification, and
anniversary and salary review dates will be determined by time in
that classification.
9. Allowable overtime pay, shift differentials and/or work location
differentials will be paid on the basis -of the rate of pay for the
higher class.
5.16 Payment' On the tenth (10th) day of each month, the Auditor will draw
a warrant upon the Treasurer in favor of each employee for the amount of salary
due the employee for the preceding month; provided, however, that each employee
(except those paid on an hourly rate) may choose to receive an advance on the
employee's monthly salary, in which case the Auditor shall, on the twenty-fifth
(25th) day of. each month, draw his/her warrant upon the Treasurer in favor of
such employee.
The advance shall be in an amount equal to one-third (1/3) or less, at the
option of the employee, of the employee's basic salary of the previous month
except that it shall not exceed the amount of the previous month's basic salary
less all requested or required deductions.
The election to receive an advance shall be made on or before April 30 or
October 31 of each year or during the first month of employment by filing on
forms prepared by the Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the month following the
deadline for filing the notice and shall remain effective until revoked.
In the case of an election made pursuant to this Section 5.15, 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.
5.17 Pay Warrant Errors: If an employee receives a pay warrant which has
an error in the amount of compensation to be received and if this error occurred
as a result of a mistake by the Auditor-Controller's Department, it is the
policy of the Auditor-Controller's Department that the error will be corrected
and a new warrant issued within 48 -hours, exclusive of Saturdays, Sundays and
holidays, from the time..the Department is made aware of and verifies that the
pay warrant is in error.
Pay errors in employee pay shall be corrected as soon as possible as to current
pay rate but that no recovery of either overpayments or underpayments to an
employee shall be made retroactively. except for the six month period immediately
preceding discovery of the pay error. A repayment schedule not to exceed six
months will be mutually agreed to between the employee and the Auditor-
Controller or designee. This provision shall apply regardless of whether the
error was made by the employee, the appointing authority or designee, the
14
v
Director of Personnel or designee, or the Auditor-Controller or designee.
Recovery of fradulently accrued over or underpayments are excluded from this
section for both parties.
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. The Department Head shall prepare written
schedules in advance to support all deviations and encompass the complete
operational cycle contemplated.
The work week for employees in the "4-10" shift is four (4) , ten (10) hour
working days during a work week consisting of any seven (7) day period. If the
County wants to eliminate any existing "4-10" shift and substitute a "5-8"
shift, or to institute a "4-10" shift which does not allow for three (3)
consecutive days off (excluding overtime days or a change of shift assignment),
it will meet and confer with the Union prior to implementing said new shift.
It is agreed that a "9/80" work schedule will continue subject to the agreement
between the Assessor's Department and the Appraisers' Association dated June 27,
1984.
Full-time employees in the Property Appraisers' Unit may select a one-half. hour
lunch period, resulting in work hours of 8:00 a.m. - 4:30 p.m. or 8:30 a.m. -
5:00 p.m. , subject to the following conditions:
A. All of the employees in-the same work crew shall have the same
starting and quitting- times.
B. If the one-half hour lunch period is selected, said selection shall
remain in effect for a period of at least. three (3) months, unless
otherwise approved by the Department Head.
C. The exercise of this selection shall be governed by the needs of
the department, and an employee's or employees' work hours may be
changed at the sole discretion of the Department Head to meet such
needs.
D. The one-half hour lunch period option shall be initiated on a trial
basis, during which its impact on department operations will be
assessed. if the department determines that this option is
unsatisfactory, the department shall notify the Association of its
intent to discontinue the option and give the Association the
opportunity to discuss such discontinuance prior to terminating the
option.
15
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. Overtime for "4-10" shift employees is,
any work performed beyond ten hours per day or forty hours per week. All over-
time shall be compensated for at the rate of one and one-half (1-1/2) times the
employee's base rate of pay (not including shift and other special differentials) .
Overtime for permanent employees is earned and credited in a minimum of one-half
hour increments and is compensated by either pay or compensatory time off.
Employees entitled to overtime credit for holidays in positions which work around
the clock (such as the County hospital , the Sheriff's Office and jails, and the
Juvenile Hall and Boys' Ranch) shall be provided a choice as to whether they
shall be paid at the overtime rate or shall receive compensatory time off. at the
rate of one and one-half hours compensatory time off for each hour worked. Such
compensatory time off, and the accumulation thereof, shall be in addition to the
total vacation accumulation permitted under the terms of this Memorandum of
Understanding. The specific provision of this accumulation are set forth in
Section 12.5 of this Memorandum of Understanding. Regular overtime for 24-hour
institutional employees may be accrued as compensatory time in accordance with
Section 7.2 of this Memorandum of Understanding.
7.2 Compensatory Time. The following provisions shall apply:
A. Employees may periodically elect to accrue compensatory time off in
lieu of overtime pay. Employees shall make a choice, which will
remain in effect for a period of one fiscal year (July 1 - June
30) .. _.Eligible employees must notify their Department Head or
his/her designee of their intention to accrue compensatory time off
at least seven (7) calendar days prior to July 1 of each year.
B. The names of those employees electing to accrue compensatory time
off shall be placed on a list maintained by the department.
Employees who become eligible. (i .e" newly hired employees,.
employees promoting, demoting, etc.) for compensatory time off in
accordance with these guidelines, after the list has been compiled,
will be paid for authorized overtime hours worked until the pre-
paration of the next annual list, unless such employees specifi-
cally request in writing to the Department Head or his designee
that they be placed on the _]ist currently in effect.
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 sixty (60) hours. Once a sixty (60) hour balance has been
attained, authorized overtime hours will be paid at the overtime
rate. If the employee's balance falls below sixty (60) hours, the
employee shall again accrue compensatory time off for authorized
overtime hours worked until the employee's balance again reaches
sixty (60) hours.
16
E. Accrued compensatory time off shall be carried over for use in the
next fiscal year; however, as provided in D above, accrued compen-
satory time off balances may not exceed sixty (60) hours.
F. Employees may not use more than sixty (60) hours of compensatory
time off in any fiscal year period (July 1 - June 30) without the
approval of the Department Head or designee.
G. The use of accrued compensatory time off shall be by mutual
agreement between the Department Head or his/her designee and the
employee. Compensatory time off shall not be taken when the
employee should 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 Department Head or
his or her designee.
H. When an employee promotes, demotes or transfers from one classifi-
cation 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.
1 . Compensatory time accrual balances will be paid off when an
employee moves from one department to another through promotion,
demotion or transfer. Said payoff will be made in accordance with
the provisions and salary of the class from which the employee is
promoting, demoting or transferring as set forth in 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 overtime worked,
accrued compensatory time balances will be paid off at the straight
time rate (two-thirds 2/3 the overtime rate) for the employee's
current salary whenever:
1 . the employee changes status and is no longer eligible for
compensatory time off;
2. the employee promotes, demotes or transfers to another
department;
3.. the employee separates from County service;
4. the employee retires, ;
K. The Office of the County Auditor-Controller will establish time-
keeping procedures to administer this Section.
7.3 Fair Labor Standards Act Provisions. The Fair Labor Standards Act, as
amended, may govern certain terms and conditions of the employment of employees
covered by this Memorandum of Understanding. It is anticipated that compliance
with the Act may require changes in some of the County policies and practices
currently in effect or agreed upon. If it is determined by the County that cer-
tain working conditions, including but not limited to work schedules, hours of
work, method of computing overtime, overtime pay and compensatory time off
17
entitlements or use, must be changed to conform with the Fair Labor Standards
Act, such terms and conditions of employment shall not be controlled by this
Memorandum of Understanding but shall be subject to modification by the County
to conform to the federal law, without further meeting and conferring. The
County shall notify the Union (employee organizations) and will meet and confer
with said organization regarding the implementation of such modifications.
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 the supplemental
sections of this Agreement. Where on-call arrangements exist, the Department
Head shall designate which employees are on-call unless otherwise provided in
the supplemental sections of this Agreement.
Section 10 - Shift Differential
In the hours which qualify for shift differential , employees shall receive five
percent (5%) above their base salary rate.
To qualify for shift differential , .an employee must have a regularly assigned
daily work schedule which requires:
A. Completion of more than one and one-half (1-1/2) hours over the
normal actual working time; or
B. At least four (4) hours of actual working time from 5:00 p.m.
through 9:00 a.m. inclusive. However, employees who have been
regularly working a shift qualifying for shift differential imme-
diately preceding the commencement of a vacation, paid sick leave
period, paid disability or other paid leave, will have shift dif-
ferential included in computing the pay for their leave. The paid
leave of an employee who is on a rotating shift schedule shall
include the shift differential that would have been received had
the employee worked the shift for which the employee was scheduled
during such period. Shift differential shall only be paid during
paid sick leave and paid disability as provided above for the first
thirty (30) calendar days of each absence.
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Section 11 - Separation Through Layoff
11 .1 Grounds for Layoff. 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 By 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 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-hol.ding 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 .3A, or (2) in a class of the same or lower
salary level as provided in Section 11 .26 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
permanent part-time employees for the purpose of reducing the
impact of a .proposed layoff with the written approval of the
Director of Personnel or designee retain their permanent full-time
employee seniority rights for layoff purposes only and may, in a
later layoff, displace a_ full-time employee with less seniority as
provided in these rules.
11 .5 Seniority. An employee's seniority within a class for layoff and
displacement purposes shall be determined by adding the employee's length of
service in the particular class in question to the employee's length'of service
in other classes at the same or higher salary levels as determined by the salary
19
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, as provided in Section 305.2 of the County's
Personnel Management Regulations, shall carry the seniority accrued in the
former class into the new class. Employees reallocated to a new deep class upon
its initiation, or otherwise reallocated to a deep class because the duties of
the position occupied are appropriately described in the deep class, shall carry
into the deep class the seniority accrued or carried forward in the former class
and seniority accrued in other classes which have been included in the deep
class. Service for layoff and displacement purposes includes only the
employee' s last.continuous permanent County employment. Periods of separation
may not be bridged to extend such service unless the separation is a result of
layoff, in which case bridging will be authorized if the employee is reemployed
in a permanent position within the 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, the person's name shall
be placed on the layoff list for the class of positions from which that person
has been removed.
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,
names shall be listed in order of layoff seniority in the class from which laid
off, displaced or demoted 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 continuous
permanent County employment with remaining ties broken by random selection among
the employees involved.
11 .8 Duration of Layoff and Reemployment Rights. The name of any person
laid off or granted 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 persons laid. off, displaced or demoted by displacement or voluntarily
demoted in lieu of layoff. 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
20
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 certified 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 authori-
ties;
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;
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 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.
The County agrees to give employees ten (10) work days (eight (8) work days for.
employees on the "4-10" workweek) notice of layoff except in cases of emergency.
21
Section 12 - Holidays
12.1 The County will observe the following holidays:
A. January 1st, known as New Year's Day.
Third Monday in January, known as Dr. Martin Luther King Jr. Day
Third Monday in February, known as President's Day
The last Monday in May., known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November llth, 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. No
employee may accrue more than forty (40)_ hours of personal
holiday credit beginning 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.
12.2 The following provisions indicate how holiday credit is to be applied:
A. Employees on the five-day 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.
C. For all employees, if a work day falls on a scheduled holiday, they
shall receive overtime pay or equivalent compensatory time credit
(holiday credit) for working the holiday; or if a holiday falls on
the day off of an employee, the employee shall be given straight
time pay or equivalent compensatory time credit unless otherwise
provided for in other Sections of this Agreement.
D. 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. For employees in positions assigned to
units or services on a shift operational cycle which includes a
Saturday or Sunday as designated by the appointing authority
22
(rather than Monday through Friday 8 hours per day or a designated
4-10 or 9-80 schedule) , holidays shall be observed on the day on,
which the holiday falls regardless if it is a Saturday or Sunday.
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.
12.4 "4-10" Shift - Holidays.
A. Holiday Shift Pay. For all employees, if a work day falls on a
scheduled holiday, they shall receive overtime pay or equivalent
compensatory time credit (holiday credit) for working the holiday
for the first eight (8) hours worked; or if a holiday falls on the
day off of an employee, the employee shall be given straight time
pay or equivalent compensatory time credit for eight (8) hours.
B. Absence on Holiday. The maximum time charged to sick leave, vaca-
tion or leave without pay on a holiday shall be two (2) hours.
12.5 119-80" Shift Holidays.
A. Holiday Shift Pay. For all employees, if a work day falls on a
scheduled holiday, they shall receive overtime pay or equivalent
time credit (holiday credit) for working the holiday for the first
eight (8) hours worked; or if a holiday falls on the day off of an
employee, the employee shall be given straight time pay or equiva-
lent time credit for eight (8) hours.
B. Absence on Holiday. The maximum time charged to sick leave, vaca-
tion, or leave without pay on a holiday shall be one (1) hour.
12.6 Accrual of Holiday Time and Credit. Employees entitled to
holiday credit shall be permitted to elect between pay or compensatory time
off in recognition of holidays worked.
A. Any person who is eligible and who elects to accrue holiday credit
must agree to do so for a full fiscal year (July 1 through June 30),
or the remainder thereof.
B. Employees starting work after a list of those electing to accrue
holiday credit has been submitted to the Auditor and approved, will
be paid overtime unless they specifically request in writing within
seven (7) calendar days to be placed on the holiday credit accrual
list.
C. Holiday credit shall be accrued at the rate specified above to a
maximum of eight (8) hours worked by the employee.
D. Accrued holiday credit may not be accumulated in excess of two-
hundred eighty-eight (288) working hours, exclusive of regular
23
vacation accruals. After- 288 hours, holiday time shall be paid at
the rates specified above.
E. Accrued holiday credit may be taken off at times determined by
mutual agreement of the employee and the Department Head.
F. Accrued holiday credit shall be paid off only upon a change in sta-
tus of the employee such as separation, transfer to another depart-
ment or reassignment to a permanent-intermittent position.
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 5.7 of this Memorandum of
Understanding. Vacation credits may not be taken during the first six calendar
months of employment (not necessarily synonymous with probationary status)
except where sick leave is exhausted; and no shall be allowed in excess of
actual accrual at the time vacation is taken. Vacation may be taken in incre-
ments of 1/2 hours.
13.2 Vacation Accrual Rates. For employees hired prior to October 1 , 1979
the rates at which vacation credits accrue_ and the maximum accumulation thereof
are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10 2/3 256
12 years 11 1/3 272
13 years 12 288
14 years 12 2/3 304
15 through 19 years 13 1/3 320
20 through 24 years 16 2/3 400
25 through 29 years 20 480
30 years .and up 23 1/3 560
24
For employees hired on or after October 1 , 1979, the rates at which vacation
credits accrue, and the maximum accumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6 2/3 160
5 through 10 years 10 240
11 years 10 2/3 256
12 years 11 1/3 272
13 years 12 288
14 years 12 2/3 304
15 through 19 years 13 1/3 320
20 through 24 years 16 2/3 400
25 through 29 years 20 480
30 years and up 23 1/3 560
Employees in permanent part-time and permanent-intermittent positions shall
accrue vacation benefits on a pro-rata basis as provided in Section 36-1 .006 of
Board Resolution No. 81/1165.
13.3 Employees who are rehired and have their service bridged in accordance
with the provisions of this Memorandum of Understanding shall accrue vacation. in
accordance with the accrual formula for employees hired after October 1 , 1979.
However, prior service time which has been bridged shall count toward longevity
accrual .
13.4 No- employee who has been granted a leave without pay or unpaid
military leave shall accrue any vacation credit during the time of such leave,
nor shall an employee who is absent without pay accrue vacation credit during
the absence.
13.5 Vacation Allowance for Separated. Employees. On separation from County
service, an employee shall be paid for any unused vacation credits at the
employee's then current pay rate.
13.6 Preference of vacation shall be given to employees according to their
seniority in their department as reasonably as possible, unless otherwise provided
in the supplemental sections of this Agreement or other departmental policies.
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.
25
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/her 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 exhaused 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.
C. Communicable Disease. An employee may use paid sick leave credits
while under a physician's. orders to remain secluded due to exposure
to a communicable disease.
D. Sick Leave Utilization for Pregnancy Disability. Every female
employee shall be entitled to at least four months leave of absence
on account of pregnancy disability and to use available sick leave
or vacation pay entitlements during such leave.
1 . Application for such leave must be made by the employee to
the appointing authority accompanied by a written
26
statement_ of disability from the employee's attending
physician. The statement must address itself to the
employee's general physical condition, having considered
the nature of the work performed by the employee, and it
must indicate the date of the commencement of the
disability as well as the date the physician anticipates
the disability to terminate. The appointing authority
retains the right to medical review of all requests for
such leave.
2. If a female employee does not apply for sick leave and the
appointing authority believes that the employee is not
able to properly perform her work or that her general
health is impaired due to disability caused or contributed
to by pregnancy, miscarriage, abortion, childbirth or
recovery therefrom, the employee shall be required to
undergo a physicial examination by a physician selected by
the County. The cost of such examination shall be borne by
the County. Should the medical report so recommend, a
mandatory leave shall be imposed upon the employee for the
duration of the disability.
3. If all accrued -sick leave has been utilized by the
employee, the employee shall be considered on leave
without pay. Sick leave may not be utilized after the
employee has been released from 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 recov-
ery 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
department on a fiscal year basis. Any balance of the
forty (40) hours remaining at the end of the fiscal year
shall not be carried over to the next year. Departments
shall notify the employee if the maximum allowance is
reached. Authorization to use sick leave for this purpose
is contingent on availability of accumulated sick leave
credits; it is not an additional allotment of sick leave
which employees may charge.
F. Emer enc Care of Famil 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
27
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 credits
for absence from work because of a death in the employee's immediate
family, but this shall not exceed three (3) working days plus up to
two (2) days of work time for necessary travel .
14.3 Administration of Sick Leave.
A. Accumulated paid sick leave credits may not be used in the
following situations:
1 . Vacation. For an employee's illness or injury while the
employee is on vacation, except when extenuating
circumstances exist and the appointing authority approves.
2. Not in Pay Status. When the employee would otherwise be
eligible to use paid sick leave credits but is not in a pay
status.
B. The proper administration of sick leave is a responsibility of
the employee and the Department Head. The following procedures
apply:
1 . Employees are responsible for notifying their
department of-an absence as early as possible prior
to the commencement of their work shift, or not
later than 30 minutes thereafter, if possible.
Notification shall include the reason and possible
duration of the absence. For purposes of this
Subsection A, employees of departments which publish
other notification policies shall be subject to
those policies.
2. Employees are responsible for keeping their
department informed of their continuing condition
and probable date of return to work.
3. Employees are responsible for obtaining advance
approval from their appointing authority or designee
for the scheduled 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, Department Heads may make
such investigations as they deem necessary.
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14.4 Disability.
A. An employee physically or mentally incapacitated for the
performance of duty is subject to dismissal , suspension or
demotion, subject to the County Employees Retirement Law of 1937.
An appointing authority, after giving notice, may place an employee
on leave if the appointing authority has filed an application for
disab-ility 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 performance
of duty, may order the employee to undergo, at County expense and
on the employees paid time, a physical , medical and/or psychiatric
examination 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
as he deems necessary in accordance with appropriate provisions of
this Memorandum of Understanding.
14.5 Workers' Compensation
A. Employees who leave work as a result of an on-the-job injury will
have the. balance of that day charged to sick leave and/or vacation
accruals. This will be considered as the last day worked for pur-
poses of determining Workers' Compensation benefits.
B. Three (3) consecutive calendar days following the last day worked
constitutes a waiting period before Workers' Compensation starts.
29
The time the employee is scheduled to work during this waiting
period will be charged to the employee's sick leave and/or vacation
accruals. In order to qualify for Workers' Compensation, the
employee must be under the care of a physician. Temporary compen-
sation is payable on the first three (3) days of disability when
the injury necessitates hospitalization, or when the disability
exceeds twenty-one (21) days.
A permanent employee shall continue to receive full regular salary
during any period of compensable temporary disability absence.
"Compensable temporary disability absence" for the purpose of this
section, is any absence due to work-connected disability which
.qualifies for temporary disability compensation under Workers'
Compensation Law, set forth in Division 4 of the California Labor
Code. When any disability becomes permanent, the salary provided
in this Section shall terminate. The employee shall return to the
County all temporary disability payments received from any County-
funded wage replacement program. No charge shall be made against
sick leave or vacation for these salary payments. Sick leave and
vacation rights shall not accrue for those periods during which
salary payments are made.
The maximum period for the described salary continuation for any
one injury. or illness shall be one year from the date of temporary
disability.
C. Continuing pay begins at the same time that temporary Workers'
Compensation starts and continues until the temporary disability
ends, or until one (1 ) year has expired, whichever comes first.
All continuing pay under the Workers' Compensation Program will be
cleared through the County Administrator' s Office, Risk Management
Division.
Whenever an employee who has been injured on the job and has
returned to work is required by an attending physician to leave
work for treatment during working hours, the employee shall be
allowed time off up to three (3) hours for such treatment without
loss of pay or benefits. This provision applies only to injuries
that have been accepted by the County as job connected injuries.
D. Full Pay Beyond One Year. If an injured employee remains eligible
for temporary disability beyond one year, full salary will continue
by integrating sick leave and/or vacation accruals with Workers'
Compensation benefits. If salary integration is no longer
available, Workers' Compensation benefits will be paid directly to
the employee as prescribed by Workers' Compensation laws.
E. Rehabilitation Integration. An injured employee who is eligible
for Workers' Compensation rehabilitation temporary disability bene-
fits and whose disability is medically permanent and stationary
will continue to receive full salary by rehabilitation temporary
disability benefits until those accruals are exhausted.
30
' Thereafter, the rehabilitation temporary disability benefits will
be paid directly to the employee.
F. Health Insurance. The County contribution to the employee's group
insurance pan(s) continues during the continuing pay period and
during integration of. sick leave or vacation with Workers'
Compensation benefits.
G. Method of Integration. An employee's sick leave and/or vacation
charges shall be calculated as follows: C = 8 11 - (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 Definition of Immediate Family. For the purposes of this Section 149
the immediate family shall be restricted to the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother, stepmother, brother, sister, grand-
parent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law or sister-in-law of an employee. .
14.7 It is understood that the benefits specified above in this Section 14
shall be coordinated with the rehabilitation program as determined by the labor-
management committee.
14.8 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.
14.9 Disability Insurance Review Committee. The County shall
. establish a Disability Insurance Review Committee consisting of one repre-
sentative from each employee organization and four management represen-
tatives to review and recommend to the Director of Personnel the
feasibility of implementing a self-funded and self-administered disability
insurance program.
14.10 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 15 - Leave of Absence
15.1 Leave Without Pay. Any employee who has permanent status in the
classified service may be granted a leave of absence without pay upon written
request, approved by the appointing authority; provided, however, that leaves for
pregnancy 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.
31
Insofar as pregnancy disability leave is 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 14.8) . 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 leave;
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 any 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
decision 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.
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 shall be granted a leave of absence if
necessary in accordance with applicable state or federal laws. Upon the
termination of such service or upon honorable discharge, the employee shall be
32
'entitled to return to his/her position in the classified service provided such
still exists and the employee is otherwise qualified, without any loss of
standing of any kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of vacation, holiday or sick leave privileges which
may be accrued at the time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation of employment. For
purposes of determining eligibility for salary adjustments or seniority in case
of layoff or promotional examination, time on military leave shall be considered
as time in County service.
Any employee who has been granted a military leave may, upon return, be required
to furnish such evidence of performance of military service or of honorable
discharge as the Director of Personnel may deem necessary.
15.3 Leave of Absence Reinstatement. Any permanent employee in the merit
system who requests reinstatement to the classification held by the employee in
the same department at the same time the employee was granted a leave of
absence, shall be reinstated to a position in that classification and
department.
In case of severance from service by reason of the reinstatement of a permanent
employee, the provisions of Section 11 (Separation through Layoff) 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 be reviewed on the anniversary date.
Employees on military leave 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
shall obtain from the Clerk or Jury Commissioner a certificate which shall
indicate 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 received (other than mileage allowance)
to the County.
33
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
ay and 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 and lst Choice Health Plan to all permanent employees
regularly scheduled to work twenty (20) or more hours per week.
17.2 Health Plan Options& Rates. Effective January 1 , 1988 the cost of
the existing County Group Health Plan Programs will be as follows:
Kaiser Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 87.98 $ 85.78 $ 2.20
Delta 103.32 92.23 11 .09
Safeguard 98.10 92.71 5.39
Family (No Medicare)
No Dental 209.95 189.86 $ 20.09
Delta 244.63 196.48 48.15
Safeguard 230.92 196.47 34.45
34
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 .Ol
Safeguard 94.52 94.51 .01
Family (No Medicare)
No Dental 213.45 213.44 Al
Delta 248.13 248.12 .O1
Safeguard 234.42 234.41 .01
H.E.A.L.S. Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $ 94.37 $ 89.20 $ 5.17
Delta 109.71 97.59 12.12
Safeguard 104.49 96.98 7.51
Family (No Medicare)
No Dental 227.41 188.48 $ 38.93
Delta 262.09 - 199.76 62.33
Safeguard 248.38 200.75 47.63
lst Choice Health Plan Option
Category Total Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $138..07 $135..34 $ 2.73
Delta 153.41 141 .17 12_.24
Safeguard 148.19 141 .65 6.54
Family (No Medicare)
No Dental 343.33 318'.33 $ 25.00
Delta 378.-01 324.86 53.15
Safeguard 364.30 324.85 39.45
35
t
• 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
Delta 35.91 35.90 .O1
Safeguard 22.20 22.19 .01
The employee will pay a minimum of one cent ( .01 ) for any Health Plan or Dental
Care Coverage.
17.3 Increased Costs. All rates shown above include life insurance
coverage. The rates listed above are effective 1/1/88 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 fourteen dollars ($14.00) per
month of increased premium for a subscriber with dependents.
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 increases in County contributions
toward the Health Plan afforded to other employee organizations on or about
August 1 , 1989 shall also be provided to the Appraisers' Association.
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.
17.4 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 Dependent(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.
17.5 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.
36
17.6 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 compen-
sation. An employee. who terminates County employment may convert to individual
health plan coverage.
17.7 Retirement Coverage. Upon retirement, employees may remain in the
same County group medical plan if, immediately before their retirement, they are
either active subscribers to one of the County Health Plans or, if on authorized
leave of absence without pay, they have retained individual conversion
membership from the County plan.
17.8 Dual Coverage. If a husband and wife both work for the County and one
of them is laid off, the remaining eligible shall be allowed to enroll or
transfer into the 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.
17.9 State Disability Insurance. The County shall conduct an election
within one-hundred eighty 180 calendar days following the adoption of this
Memorandum of Understanding to decide the issue as to whether or not employees
represented by the Appraisers' Association in the Property Appraisers' Unit wish
to be included in State Disability Insurance.
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.
Appraiser Aide - One (1 ) year
Junior Appraiser - One (1 ) year
Auditor-Appraiser I - one (1 ) year
18.3 When the probationary period for a class is changed, only new
appointees to positions in the classification shall be subject to the revised
probationary period.
37
18.4 The probationary period shall date from the time of appointment to a
permanent position after certification from an eligible list. It shall not
include time served under provisional appointment or under appointment to
limited term positions or any period of continuous leave of absence without__p'ay
or period of work-connected disability exceeding fifteen (15) calendar days.
For those employees appointed to permanent-intermittent positions with a one (1)
year probation period, probation will be considered completed upon serving
two-thousand (2,000) hours. after appointment except that in no instance will
this period be less than one (1 ) year from the beginning of probation. If a
permanent-intermittent probationary employee is reassigned to full-time, credit
toward probation completion in the full-time position shall be prorated on the
basis of one hundred seventy-three (173) hours per month.
18.5 Rejection During Probation. An employee who is rejected during the
probation period and restored to the eligible list shall begin a new probationary
period if subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of
this section, an employee (probationer) shall have the right to
appeal from any rejection during the probationary period based on
political or religious affiliations or opinions, Association acti-
vities, or race, color, national origin, sex, age, handicap or
sexual orientation.
B. The appeal must be written, must be signed by the employee and set
forth the grounds and facts by which it is claimed that grounds for
appeal exist under Subsection A and must be filed through the
Director of Personnel to the Merit Board by 5:00 .p.m. on the
seventh 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 theemployee
during the probationary period were satisfactory and that the employee is recom-
mended for permanent appointment. A probationary employee may be rejected at
38
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, a
probationary employee may be rejected from the service within a reasonable time
after the probation period for failure to pass probation. If the appointing
authority fails to submit in a timely manner the proper written documents cer-
tifying 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 .
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 Layoff Employee. An employee who has
achieved permanent status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the probation period
shall be automatically restored to the layoff list, unless discharged for cause,
if the person is within the period of layoff eligibility. The employee shall
begin a new probation period if subsequently certified and appointed ;in a dif-
ferent department or classification than that from which the employee was laid
off.
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• 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 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.
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 promotional 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
40
{
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 examina-
tion 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;
E. the Director of Personnel shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished through the
regular appointment procedure provi-ded 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 or she 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
termination. 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
41
a
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 working days have elapsed without
response by the employee after the mailing of a notice of resigna-
tion by the appointing authority to the employee at the employee's
last known address.
2.1 .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.
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.
G. 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
contained in Section 23 of this 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. -
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Section 22 - Dismissal , Suspension and Demotion
22.1 The appointing authority may dismiss, suspend or demote any
employee for cause. The following are sufficient causes for such action
(the list is indicative rather than inclusive of restrictions and dismissal ,
suspension 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 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 properly assigned
responsibilities
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,
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 unreasonably interfering with an individual 's work performance,
or creating an intimidating and hostile work environment.
22.2 Skelly Requirements. Before taking a disciplinary action to dismiss,
suspend for more than five 5) work days (four (4) work days for employees on
114-10" work week) , or demote an employee, the appointing authority shall cause
to be served personally or by certified mail , on the employee, a Notice of
Proposed Action, which shall contain the following:
A. A statement of the action proposed to be taken;
B. A copy of the charges, including the acts or 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;
43
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 Employee Response.. Pending response to a Notice of
Proposed Action within the first seven 7) days or extension thereof, the
appointing authority, for cause specified in writing, may place the employee on
temporary leave of absence, with pay.
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:
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
service 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 statement 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 above.
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
44
been named a' defendant in a criminal complaint or indictement 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 or Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or demote an
employee having permanent status in a position in the merit system,
after having complied with the Skelly requirements where appli-
cable, the appointing authority shall make an order in writing
stating specifically the causes for the action. ,
B. Service of Order. Said order of dismissal , suspension or demotion
shall be filed with the Director of Personnel, showing by whom and
the date a copy was served upon the employee to be dismissed,
suspended or demoted, either personally or by certified mail, to the
employee's last known mailing address. The order shall be effective
either upon personal service or deposit in the U. S. Postal Service.
C. Employee Appeals from Order. The -employee may appeal an order of
dismissal , suspension or demotion either to the Merit Board or
through the procedures of Section 23 - Grievance Procedure of this
Memorandum of Understanding provided that such appeal i.s 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 appli-
cation 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 interpretation or
application of those provisions not being subject to the grievance procedure.
The Association may represent the employee at any stage of the process.
Grievances must. be filed within thirty (30) days of the incident or occurance
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.
45
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 to the Personnel
Director. The Personnel Director or his or her designee shall have
thirty-five (35) 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.
D. Step 4. No grievance may be processed under this Section which has
not first been filed and investigated in accordance with paragraph.
C above, and filed within ten (10) work days of the written
response of the Personnel Director or designee. if the parties are
unable to reach a mutually satisfactory accord on any grievance
which arises and is presented during the term of this Memorandum of
Understanding, such grievance shall be submitted to an Adjustment
Board comprised of three (3) Association representatives, no more
than two (2) of whom shall be either an employee of the County or
an elected or appointed official of the Association presenting this
grievance, and three (3) representatives of the County, no more
than two (2) of whom shall 'be either an employee of the County or a
member of the staff of an organization employed to represent the
County in the meeting and conferring process.
E. Step 5. If an Adjustment Board is unable to arrive at a majority
decision, either the employee or the County 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. 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 Scope of Adjustment Board and Arbitration Decisions.
A. Decisions of Adjustment Boards and arbitrators on matters properly
before them shall be final and binding on the parties hereto, to
the extent permitted by law.
B. No Adjustment Board and no arbitrator shall entertain, hear, -decide
or make recommendations on any dispute unless such dispute involves
a position in a unit represented by the Association which has been
46
certified as the recognized employee organization for such unit and
unless such dispute falls within the definition of a grievance as
set forth in Subsection 23.1 above.
C. Proposals to add to or change this Memorandum of Understanding or
to change written agreements supplementary hereto shall not be
arbitrable and no proposal to modify, amend or terminate this
Memorandum of Understanding, nor any matter or subject arising out
of or in connection with such proposals, may be referred to
arbitration under this Section. Neither any Adjustment Board nor
any arbitrator shall have the power to amend. or modify this
Memorandum of Understanding or written agreements supplementary
hereto or to establish any new terms or conditions of employment.
D. If the Personnel . Director, in pursuance of the procedures outlined
in Subsection 23.1 (C) above, or the Adjustment Board in pursuance
of the provisions of Subsection 23.1 (D) above, resolve a grievance
which involves suspension or discharge, they may agree to payment
for lost time or to reinstatement with or without payment for lost
time.
23.3 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
specified 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 5 above, the grievance will be deemed to have been settled and
withdrawn.
23.4 An official with whom a formal grievance is filed by a grievant who
is included in a unit represented by the Association, but is not represented by
the Association in the grievance', shall give the Association a copy of the
formal presentation.
23.5 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 compensated
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 process shall be
deemed withdrawn until the meeting and conferring process is next opened for
such discussion. No adjustment shall be retroactive for more than six (6)
months from the date upon which the complaint was filed.
No change in this Memorandum of Understanding or interpretations thereof (except
interpretations resulting from Adjustment Board or arbitration proceedings
hereunder) will be recognized unless agreed to by the County and the
Association.
23.6 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, sickout or refusal to perform customary duties.
47
r In the case of a legally-declared lawful strike against a private or public
sector employer which has been sanctioned and approved by the labor body or
council having jurisdiction, an employee who is in danger of physical harm shall
not be required to cross the picket line, provided the employee advises his or
her supervisor as soon as possible, and provided further that an employee may be
required to cross a picket line where, the performance of his or her duties is of
an emergency nature and/or failure to perform- such duties might cause or
aggravate a danger to public health or safety.
23.7 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, D and E 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.
23.8 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
employee's share. The County will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
Section 25 - Training Reimbursement
The County Administrative Bulletin on Training shall govern reimbursement for
training and shall continue to limit reimbursement for career development
training to $200 per semester or $150 per quarter, not to exceed $600 per year.
Section 26 - Mileage
Effective April 1 , 1988 mileage allowance for the use of personal vehicles on
County business shall be paid according to the following per month formula:
1 - 700 miles $ .22 per mile
701 - 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
48
f 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 above formula rates include price increases reported since July 1979.
The mileage rate increase or decrease based on the Energy Report shall be
contingent 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 - Personnel Files
An employee shall have the right to inspect and review any official record(s)
relating to his or her performance as an employee, or to a grievance concerning
the employee which is kept or maintained by the County in the employee's
personnel history folder on file in the Personnel 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 permanent personnel record.
This section does not apply to the records of an employee relating to the
investigation of a possible criminal offense, medical records and information or
letter of reference.
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
representative may also review his/her personnel file'with specific written
authorization from the employee.
Section 28 - Reimbursement for Meal Expenses
Employees shall be reimbursed for meal expenses under the following circumstances
and in the amount specified:
1 . When the employee is required by his/her Department Head to attend
a meeting concerning County business or County affairs;
2. 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;
49
3. When the employee is required to stay over to attend consecutive, or
continuing afternoon and night sessions of a board or commission.
4. When the employee is required to incur expenses as host for offi-
cial guests of the County, work as a member of an examining board,
official visitors, and speakers or honored guests at banquets or
other official functions;
5. 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.
Section 29 - Flex-Time
It is understood that Resolution No. 75/1037 pertaining to flex-time may be
applied to the Property Appraisers' Unit as well as other County employees.
Nothing contained in this Memorandum of Understanding prohibits the Department
Head from implementing a flex-time system for employees in the Property
Appraisers' unit. The Department Head, prior to implementation, shall discuss
the implementation of any flex-time system involving employees represented by
the Appraisers' Association with the Association. Then the department shall
determine if the said flex-time is feasible following a trial period and then
shall submit the plan to the County Administrator for approval . Upon written
request to the Employee Relations Officer, the Appraisers' Association may
request to meet with the Department Head for the. purpose of proposing an alter-
nate flexible work schedule.
Section 30 - 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
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 the 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 appointments until an eli-
gible list is established;and
2. in the 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.
50
• 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.
Section 31 - Unfair Labor Practice
Either the County or the Association may file an unfair labor practice as defined in
Chapter 34-22 of the Board 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 impartial third party.
Section 32 - 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 tem-
porary, 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 eligibility, service credits shall include all credits accumulated at
time of separation, but shall not include the period of separation. The
Personnel Director shall determine these matters based on the employee status
records in his department.
Section 33 - 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 34 Personal Property Reimbursement
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
compensated.
3. Employee tools or equipment provided without the express approval
of the Department Head and automobiles are excluded from reimburse-
ment.
4. The loss or damage must have occurred in the line of duty.
51
5. The loss or damage was not a result of negligence or lack of proper
care by the employee.
5. 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 employee's eyeglasses, 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.
l0. Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to
Personal Property.
Section 35 - Permanent Intermittent Employee Benefits
Permanent intermittent employees are eligible for prorated vacation and sick
lesave benefits.
Section 36 - Permanent Intermittent Employees Health Plan
A permanent intermittent employee represented by Contra Costa County
Appraisers' Association 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 responsibile 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 37 - Provisional Employee Benefits
Provisional employees who are not permanent employees of the County immediately
prior to. their provisional appointment are eligible for vacation and sick leave
benefits.
Provisional employees may participate in the County Group Health Plan of, medi-
cal , 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 premium appropriately and punctually.
Failure to meet the premium deadline will mean automatic and immediate
withdrawal from the County Group Heealth Plan and reinstatement may only be
effectuated during the annual open enrollment period.
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v Section 38 - Educational Incentive
Effective April 1 , 1988, classes represented by the Association will be entitled
to a salary differential of $30.00 per month for possession of a certification
for educational achievement from at least one of the following:
1 . American Institute of Real Estate Appraisers-Residential Member
(RM) designation
2. State Board of Equalization-Advanced Appraiser certification
3. International Association of Assessing Officers - Residential
Evaluation Specialist (RES)
4. Society of Auditor Appraisers - Master Auditor-Appraiser (MAA)
designation
5. Society of Real Estate Appraisers - Senior Residential Appraiser
(SRA) designation
6. Any other certification approved by the County Assessor and the Director
of Personnel .
Section 39 - Dependent Care
A. 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
a 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 40 - Adoption
The provisions of this Memorandum of Understanding shall be made applicable on
the dates indicated and upon approval by the Board of Supervisors. Resolutions
and Ordinances, where necessary, shall be prepared and adopted in order to
implement these provisions. It is understood that where it is determined that
an Ordinance is required to implement any of the foregoing provisions, said
provisions shall become effective upon the first day of the month following
thirty (30) days after such Ordinance is adopted.
53
P
Section 41 - Scope Agreement and Separability of Provision
41 .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 constitues the sole and entire agreement
between the parties in any and all matters subject to meet and confer. Neither
party shall, during the term of this Memorandum of Understanding demand any
change herein, provided that nothing herein shall prohibit the parties from
changing the terms of this Memorandum of Understanding by mutual agreement.
41 .2 Separability of Provisions. Should any section, clause or provision
of this Memorandum of Understanding be declared illegal , unlawful or unenfor-
ceable, by final judgment of a court of competent jurisdiction, such invalida-
tion 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.
41 .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 . Those provi-
sions of the Personnel Management Regulations within the scope of representation
which are not in conflict with the provisions of this Memorandum of Under-
standing and those provisions of the Personnel Management Regulations which are
not within the scope of representation shall be considered in full force and
effect.
41 .4 Duration of Agreement. This Agreement shall continue in full force and
effect from October 1 , 1987 to and including September 30, 1989: Said Agreement
shall automatically renew from year to year thereafter unless either party gives
written notice to the other prior to sixty_ (60) days from the aforesaid
termination date of its intention to amend, modify or terminate the agreement.
Section 42 - Past Practices & Existing Memoranda of Understanding
Continuance of working conditions and past practices not specifically authorized
by ordinance or by resolution of the Board of Supervisors is not guaranteed by
this Memorandum of Understanding; provided, however, that beginning with the
effective date of this Memorandum of Understanding, the Association may claim a
violation of a past practice. If the Association can demonstrate that such past
practice exists by virtue of having been acknowledged .and agreed to by
Management and representatives of the Association, or by employees represented
by the Association who reach agreement with a Department Head on a specific
policy covering a group of employees such as a reassignment policy, the alleged
violation of said past practice will be subject to the grievance procedure.
Those practices which have been agreed to by Management and not approved by the
Department Head must be confirmed and approved by the Department Head within six
(6) months from the below execution date of this Memorandum of Understanding in
order to be considered a past practice pursuant to this provision.
54
DATE:
CONTRA COSTA COUNTY CONTRA COSTA COUNTY APPRAISERS'
ASSOCIATION
By By
By f BY
55
ATTACHMENT A
~ CLASS C SALARY LISTING
>ROPERTY APPRAISERS UNIT
CLAS LEVEL SALARY RANGE CLASS TITLE
DATA . C5-1231 . 1556.00 - 1891.00 . . APPRAISER AIDE
DKSB . C5-1747 . 2606.00 - 3167.00 . . APPRAISER ANALYST
DAVA . C5-1631 . 2320.00 - 2820.00 . . ASSISTANT APPRAISER
DATA . C5-1727 . 2554.00 - 3104.00 . . ASSOCIATE APPRAISER
DRWB . C5-1418 . 1875.00 - 2280.00 . . AUDITOR-APPRAISER I
DRVA . C5-1665 . 2401 .00 - 2918.00 . . AUDITOR-APPRAISER II
DAWA . C5-1376 . 1798.00 - 2186.00 . . JUNIOR APPRAISER
DKTA . C5-1854 • 2900.00 - 3525.00 . . SENIOR APPRAISER ANALYST
ORTA . C5-1818 . 2797.00 - 3400.00 . . SENIOR AUDITOR-APPRAISER