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HomeMy WebLinkAboutMINUTES - 04191988 - 1.49 Pr /Y9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 19, 1988 by the following vote: AYES: Supervisors Powers , Fanden ; McPealc, Torlakson, Schroder. NOES: None. ABSENT: None. ABSTAIN: None. SUBJECT: 1987-1989 Compensation for Employees in Units Represented by Western 88/ 197 Council of Engineers The Contra Costa County Board of Supervisors RESOLVES THAT: 1 . On April 19, 1988, the Employee Relations Officer submitted the Memorandum of Understanding dated April 15, 1988, entered into with Western Council of Engineers for the Professional Engineer Unit. 2. This Board having thoroughly considered said Memorandum of Understanding, the same is approved. 3. Salaries and Terms and Conditions of Employment, Western Council of Engineers. Memorandum of Understanding with Western Council of Engineers is attached hereto, marked Exhibit A; and Section Numbers 1 through 47 inclusive and Attachments A & B 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 will adopt said Ordinance(s) . 5. This Resolution is effective as of July 1 , 1987. hn�et;y rent fv that this is a true and correct copy of a:. •wt:a:: i iken and entered on the minutes of the of Supervts rs on the date shown. y ATTESTED: . /Z 7 �O PHiL I3ATC1kL0R, clerk of the Board of Supervisors and County Administrator By , Deputy Org: Personnel Department . cc: County Administrator County Counsel Auditor-Controller Public Works Building Inspection Western Council of Engineers RESOLUTION NO. 88/197 � 1 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND " WESTERN COUNCIL OF ENGINEERS 1987 - 1989 t MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND WESTERN COUNCIL OF ENGINEERS 1987 - 1989 Table of Contents Subject Page Section Adoption 54 44 Book Reimbursement 50 30 Call Back Time 15 8 Communicating With Employees 4 2.2 Council Representatives 6 4.2 Council Security 3 2 Days & Hours of work 13 6 Definitions 1 --- Dismissal , Suspension & Demotion 42 22. Dues Deduction 3 2.1 Flex Time- 50 29 Grievance Procedure 45 23 Health & Welfare, Life & Dental Care 34 17 Holidays 19 12 Jury & Witness Duty 32 16 Leave of Absence 31 15 Length of Service Definition 52 35 Mileage 48 26. Military Leave 32 15.2 No Discrimination 5 3 Official Council Representatives 6 4 On-Call Duty 16 9 Overtime & Compensatory Time 13 7 Permanent Part-Time Employee Benefits 52 36 Permanent-Intermittent Employee Benefits 53 37 Permanent-Intermittent Employees Health Plan 53 38 Personal Property Reimbursement 51 34 Personnel Files 49 27 Probationary Period 37 18 Professional Development/Dues 49 28 Promotion 39 19 Provisional Employee Benefits 53 39 Recognition 3 1 Registration Differential 53 40 Reimbursement for Meal Expenses 51 33 Resignations 41 21 Retirement Contribution 48 24 Table of Contents Page two Subject Page Section Safety Shoes & Prescription Safety Eyeglasses 50 31 Salaries 7 5 Scope of Agreement & Separability of Provisions 53 42 Separation Through Layoff 1G 11 Service Awards 51 32 Shift Differential 16 10 Sick Leave 23 14 Skelly Requirements 43 22.2 Training Reimbursement 48 25 Transfer 40 20 Unfair Labor Practice 55 46 Use of County Buildings 4 2.3 Vacation Leave 21 13 Written Statement for New Employees 5 2.5 Attachment A - Project Employees Attachment B - Class & Salary Listing R. "Reallocation" means the act of reassigning an individual position from one class to another class at the same range of the salary schedule or.to a class which is allocated to another range that is within five (5) percent of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions or other ordinances. S. "Reclassification" means the act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind,. difficulty or responsibility of duties performed in such position. T. "Reemployment List" means a list of persons, who have occupied positions allocated to any class in the merit system and, who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. U. "Resignation means the voluntary termination of permanent employment with the County. V. "Temporary Employment" means any employment which will require the services of an incumbent for a limited period of time, paid on an. hourly basis, not in an allocated position or in permanent status. W. "Transfer" means the change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to -a range on the salary plan that is within five (5) percent at top step as the class previously occupied by the employee. Section 1 - Recognition 1 .1 Council Recognition. The Council is formally recognized as the exclu- sive representative for the employees assigned to the Professional Engineer Unit and has been certified as such pursuant to Board Resolution 81/1165. Section 2 - Council 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 Council 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 Council unless such authorization is cancelled in writing by the employee. The dues deduction shall be for an amount specified by the Council . The Council 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 Council shall refund to the County any amounts paid to it in error upon presentation of supporting evidence. 3 2.2 Communicating With Employees. The Council shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in which there are employees represented by the Council , provided the communications displayed have to do . with official organization business such as times and places 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 Council . Representatives of the Council , not on County time, shall be permitted to place a supply of employee literature at specific locations in County buildings if arranged through the Employee Relations Officer; said representatives may distribute employee organization literature in work areas (except work areas not open to the public) if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on duty employees. The Council 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 a council officer on a matter within the, scope of representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit, will be made with the departmental representative in charge of the work area, and the visit will not interfere with County services. 2.3 Use of County Buildings. The Council 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 Council 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. 4 The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Council 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. 2.4 Advance Notice. The Council shall , except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions designated by the Board, and to meet with the body considering the matter. The listing of an item on a public agenda or the mailing of a copy of a proposal at least seventy-two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four (24) hours before the item will be heard, shall constitute notice. In cases of emergency when the Board, or boards and commissions designated by the Board determines it must act immediately without such notice or meeting, it. shall give notice and opportunity to meet as soon as practical after its action. 2.5 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 Council , that the employee's classification is represented by the Council and the name of a representative of the Council . The County will provide the employee with a packet. of information which has been supplied-by the Council and approved by the County. The County will also provide the addresses of new employees to the Council if the employee consents in writing to the County providing this information to the Council . 2.6 The Council may distribute materials to designated Council represen- tatives through the County distribution channels if approved by the Personnel Director or his designee. The decision of the Personnel Director is final and not subject to the grievance procedure. This privilege may be revoked in the event of abuse after the Personnel Director consults with the Council . 2.7 Section 11 of the 1977-1979 Memorandum of Understanding between the County and Western Council of Engineers shall be continued for the duration of this Memorandum of Understanding. Section 3 - No Discrimination There shall be no discrimination because of race, creed, color, national origin, sexual orientation or Council activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age. There shall be no discrimination against any handicapped person solely because of such handicap unless that handicap prevents the person from meeting the minimum standards established for the position or from carrying out the duties of the position safely or in a manner that does not endanger the 5 health of such person. There shall be no discrimination because of Union mem- bership or legitimate union activity against any employee- or applicant for employment by the County or anyone employed by the County. Section 4 - Official Council Representatives 4.1 Attendance at Meetings. Employees designated as official council representatives 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 reasonable times agreeable to all parties, required for settlement of grievan- ces filed pursuant to Section 23 (Grievance Procedure) of this Memorandum. D. If they are designated as a council representative in which case they may utilize a reasonable time at each level of the pro- ceedings to assist an employee to present a grievance, provided the meetings are scheduled at reasonable times agreeable to all par- ties. E. If they are designated as spokesperson or representative of the -Council 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 work. 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 Council Representative. Official representatives of the Council shall be allowed time off on County time for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Employee Relations Officer or other management representatives on matters within the scope of representation, provided that the number of such representatives shall not exceed two (2) without prior approval of the Employee Relations Officer, and that advance arrangements for the time away from the work station or assignment are made with the appropriate Department Head. 6 Section 5 - Salaries 5.1 General Wage Increases . A. Effective July 1 , 1987 each represented classification shall receive a general wage increase of 30 levels on the County Salary Schedule (3%). B. Effective July 1 , 1988, each represented classification shall receive a general wage increase of 39 levels on the County Salary Schedule (4%) . 5.2 Lump Sum Payment In lieu of a retroactive pay requiring special payroll recomputation processing back to July 1 , 1987, the County will make a "lump sum payment" to each employee for the months of July,'August, September, October, November, December 1987 and January, February & March 1988, computed as follows: Payroll third and fourth quarter-to-date (July 10, 1987 through December 15, 1987 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, February & March 10th and 25th payrolls gross earnings will be added .together for each employee (retro pay base) . 3rd-QTD + 4th QTD. 1987 + Jan. 188 + Feb. '88 + Mar. . '88 = Retro Pay Base 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 May 10th pay warrants and is subject to normal tax withholding and retirement deduction requirements. If, after receiving the lump sum payment, an employee finds more than a $30.00 negative difference in pay, the Auditor' s Office will verify the difference, if any, and will include the difference on the following 10th of the month pay. Written notification of the alleged error shall be filed with the Employee Relations Division of the County Personnel Department not later than five (5) work days. following receipt of the May 10, 1988 lump sum payment. 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. 7 5.4 Anniversary Dates. Except as may otherwise be provided for in deep class reso utions, 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 calendar month 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 5.5 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. 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 5.5 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 affir- mative recommendation-'of the appointing authority, based on satisfactory perfor- mance 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 8 increment be granted at one time, except as otherwise provided in deep-class JO 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 authorized paid leave, shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee' s normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis. 5.8 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 9 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 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. Tn 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 5.14, shall receive the salary in. the new salary range which is next higher than the rate received before promotion. In the event this increase is less than five percent (5%) , the employee's salary shall be adjusted to the step in the new range which is at least five percent (5%) greater than the next higher step; provided, however, that the next step shall not exceed the maximum salary for the higher class. 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 ►vas 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 (5) percent, in which case the salary shall be adjusted to the step in the new range which is five (5) 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 5.14, 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 10 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 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 the 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 spe- cified 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. base step of the deep class level or cla-ss in which they have status currently. 5.15 Pay for Work in Higher Classificat-ion. When an employee in a per- manent 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. classificati_on pursuant to Subsection .5.10 Salary on Promotion of the Memorandum. Effective with. the ratification -of this MOU, pay for work in a higher classification will commence on the eleventh (11th) 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. 11 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 differentials (e.g. , bilingual differential and hazardous duty differential ) accruing to the employee in his/her permanent position shall continue. 8. During the period of work for higher pay in a higher classification, an employee will retain his/her permanent classification, and anniversary and salary review dates will be determined by time in that classification. 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 employees option, 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. 12 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 found in .employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the six month period imme- diately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Director of Personnel or designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over or under- payments 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, including the complete opera- tional 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. Section 7 - Overtime & 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 shall be provided a choice as to whether they shall be paid at the . 13 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 preparation of the next annual list, unless such employees specifi- cally rquest in writing to the Department Head- or his designee that they be placed on the list 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 one-hundred twenty (120) hours. Once a one-hundred twenty (120) hour balance has been attained, authorized overtime hours will be paid at the overtime rate. If the employee's balance falls below one-hundred twenty (120) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked until the employee's balance again reaches one-hundred twenty (120) hours. E. Accrued compensatory time off shall be carried over for use in the next fiscal year; however, as provided in D above, accrued compensatory time off balances may not exceed one-hundred twenty (120) hours. F. Employees may not use more than one-hundred twenty (120) hours of compensatory time off in any fiscal year period (July 1 - June 30) . G. The use of accrued compensatory time off shall be by mutual agreement between the Department Head or his designee and the employee. Compensatory time off shall not be taken when the 14 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. I. 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 ith _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 M.O.U. It is anticipated that compliance with the Act may require changes in some of the County policies and practices currently in effector agreed upon. It it is determined by the County that certain working conditions, including but not limited to work schedules, hours of work, method of-computing overtime, overtime pay, and compensatory time off 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 modi- fication 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. 15 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 appointing authority 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 immediately preceding the commencement of a vacation, paid sick leave period, paid disability or other paid leave, will have shift differential included in computing the pay for their leave. 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. 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 16 may displace an employee in the department having less j seniority in the same class who occupies a permanent intermit- tent 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 sche- dule in effect at the time of layoff may displace within the department and in the class an employee having less seniority; the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. 11 .4 Particular Rules on Displacing. A. Permanent-intermittent and permanent part-time employees may displace only employees holding permanent positions of the same type respectively. B. A permanent full-time employee may displace any intermittent or part-time employee with less. seniority (1 ) in the same class as provided in Section 11 .3A, or (2) in a class of the same or lower salary level as provided in Sectin 11 .28 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 pur- poses 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 schedule in effect at the time of Tayoff. 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 accruted 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 per- 17 manent 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 par- ticular class in question, such ties shall be broken by length of last con- tinuous 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 volun- tarily 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 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. 18 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 Council 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 represented by the Council , the Employee Relations Officer shall notify the Council 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. Section 12 - Holidays 12.1 The County will observe the following holidays: A. January lst, known as New Years Day_ Third Monday in January known as Dr. Martin Luther King Jr. Day Third Monday in February, known as Presidents Day The last Monday in May, known as Memorial Day July 4th known as Independence Day First Monday in September, known as Labor Day November 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 19 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 and 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 (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. 20 12.5 "9-80 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 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 one (1 ) hour. 12.6 Accrual of Holiday Time & Credit. Employees entitled to holiday cre- dit shall be permitted to elect between pay or compensatory time off in recogni- tion of holidays worked. The following procedures shall apply to this selection: 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 time 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 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 21 Understanding. Vacation credits may not be taken during the first 6 calendar months of employment (not .necessariiy synonymous with probationary status) except where sick leave is exhausted; and none shall be allowed in excess of actual accrual at. the time vacation is taken. Vacation may be taken in incre- ments of 1/2 hour. 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 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 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 . 22 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 pro- vided in the supplemental sections of this Agreement. Section 14 - Sick Leave 14.1 The purpose of paid sick leave is to insure employees against loss of pay for temporary. absences from work due to illness or injury. Sick leave may be used only as authorized; it is not paid time off which employees may use for personal activities. . 14.2 Sick leave credits accrue, at the rate of eight (8) working hours credit for each completed month of service. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-half (1/2) hour. Unused sick leave credits accumulate from year to year. When an employee is separated, other than through retirement, accumulated sick leave credits shall be cancelled, unless the separation results from layoff in which case the accumulated credits shall be restored if the employee is reemployed in a permanent position within the period of his layoff eligibility. Upon retirement, an employee' s accumulated sick leave shall be converted to retirement time on the basis of one day of retirement service credit for each day of accumulated sick leave credit. Accumulated paid sick leave credits may be used, subject to appointing authority approval , by an employee in pay status, but only in the following instances: A. An employee may use paid sick leave credits when the employee is off work because of a temporary illness or injury. B. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board subject to the conditions listed below. For the purposes of this Section 14 permanent disability shall mean the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occu- pation 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: 23 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 state- ment. of disability from the employee's attending physi- cian. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates the disability to ter- minate. 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. 24 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. Emergency Care of Family. An employee may use paid sick leave credits (up to three (3) work days per incident unless the Department Head approves more) for working time used in cases of illness, or injury to, an immediate family member living in the employee's home or for children and parents who may reside outside of the employee's home, if there is a real need for someone to render care and no one else is available therefore, and if alternative arrangements for the ill or injured person are -immediately undertaken. G. Death of Family Member. An employee may use said sick leave 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 cir- cumstances 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 25 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 appoint- ments. 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. 14.4 Disability. A. An employee physically or mentally incapacitated for the perfor- mance of duty is subject to dismissal , suspension or demotion, sub- ject to the County Employees Retirement Law of 1937. An appointing authority after giving notice may place an employee on leave if the appointing authority has filed an application for disability retirement for the employee, or whom the appointing authority believes to be temporarily or permanently physically or mentally incapacitated for the performance of the employees duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, or the public, or which impair the employee's perfor- mance of duty, may order the employee to undergo at County expense and on the 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 phy- sician 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. 26 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. F. Before an employee is placed on an unpaid leave of absence or suspended because of physical or mental incapacity under (a) or (b) above, the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or by certified mail , containing the following: 1 . a statement of the leave of absence or suspension pro- posed; 2. the proposed dates or duration of the leave or suspension which may be •indeterminate until a certain physical or mental health condition has been attained by the employee; 3. a statement of the basis upon which the action is being taken; 4. a statement that the employee may review the materials upon which the action is taken; 5. a statement that the employee has until a specified date (not less than seven (7) work days from personal delivery or mailing of the notice) to respond to the appointing authority orally or in writing. F. Pending response to the notice the appointing authority for cause specified in writing may place the employee on .a tem- porary leave of absence, with pay. G. The employee to whom the notice has been delivered or mailed shall have seven (7) work days to respond to the appointing authority, either orally or in writing before the proposed action may be taken. H. After having complied with the notice requirements above, the appointing authority may order the leave of absence or suspension in writing stating specifically the basis upon which the action is being taken, delivering the order to the employee either personally or by certified mail , effective either upon personal delivery or deposit in the U.S. Postal Service. 1. An employee who is placed on leave or suspended under this section may, within ten (10) calendar days after personal delivery. or 27 mailing to the employee of the order, appeal the order in writing through the Director of Personnel to the Merit Board. Alternatively, the employee may .file a written election with the Director of Personnel waiving the employee's right to appeal to the Merit Board in favor of appeal to a Disability Review Arbitrator. J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator, the employee has the burden of proof to show that either: 1 . the physical or mental health condition cited by the appointing authority does not exist, or 2. the physical or mental health condition does exist, but it is not sufficient to prevent, preclude, or impair the employee's performance of duty, or is not sufficient to endanger the health or safety of the employee, other employees, or the public. K. If the appeal is to the Merit Board, the order and appeal shall be transmitted by the Director of Personnel to the Merit Board for hearing under the Merit Board' s Procedures, Section 1114-1128 inclusive. Medical reports submitted in evidence in such hearings shall remain confidential information and shall not be a part of the public record. L.. If the appeal is to a Disability Review Arbitrator, the employee (and his representative) will meet with the County's representative to mutually select the Disability Review Arbitrator, who may be a defacto arbitrator, or a physician, or a rehabilitation specialist, or some other recognized specialist mutually selected by the par- ties. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator shall be binding on both the County and the employee. Scope of the Arbitrator's Review. a. The arbitrator may affirm, modify or revoke the leave of absence or suspension. b. The arbitrator may make his decision based only on evi- dence submitted by the County and the employee. c. The arbitrator may order back pay or paid sick leave cre- dits for any period of leave of absence or suspension if the leave or suspension is found not to be sustainable, subject to the employee's duty to mitigate damages. d. The. arbitrator's fees and expenses shall be paid one-half by the County and one-half by the employee or employee's association. 28 S - 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. 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 priod 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' Compensatin Law set forth in Division 4 of the California Labor Code. When any disability becomes permanent, the salary provided in this Sectin 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 Personnel Department, Safety 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 doss of pay or benefits. This provision applies only to injuries that. have been accepted by the County as a job connected injury. D. Full pay beyond one year. If an injured employee remains eligible for temporary disability beyond one year, full salary will continue by integrating sick leave and/or vacation accruals with workers' compensation benefits. If salary integration is no longer 29 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 integrating sick leave and/or vacation accruals with workers' compensation rehabilitation temporary disability benefits until those accruals are exhausted. Thereafter, the rehabilitation temporary disability benefits will be paid directly to the employee. F. Health Insurance. The County contribution to the employee's group insurance plan(s) continues during the continuing pay period and during integration of sick leave or vacation with workers' compen- sation benefits.. G. Method of Integration: An employee' s sick leave and/or vacation charges shall be calcu- lated 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 14, 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 representative from each employee organization and four management representatives to review and recom- mend to the Director of Personnel the feasibility of implementing a self-funded and self-administered disability insurance program. 14.10 Sick Leave Coalition. The County agrees to meet and confer with a coalition of employee organizations, including this council ,, to revise the County-wide Sick Leave Policy. Such meet and confer sessions shall take place during the term of this memorandum of understanding. 30 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 (Tess if so requested by the employee) parental leave of absence, commencing with the birth, adoption, or serious illness of a child or dependent parent. Insofar as pregnancy disability leave 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 perior 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: T. 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 31 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 who is required to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall be granted a military leave for the period of such service, plus ninety (90) days. An employee who volunteers for such service shall be granted a leave of absence if necessary in accordance with applicable state or federal laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. An employee who has been granted a military leave shall not, by reason of such absence, suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Personnel may deem necessary. 15.3 Leave of Absence Replacement. Any permanent employee in the merit system who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to that classification and department. In case of severance from service .by reason of the reinstatement of a permanent employee, the provisions of Section 11 - Layoff and Seniority) shall apply. . 15.4 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year shall 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. 32 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 (other than mileage allowance) received to the County. When an employee is called for jury duty and elects to retain all fees, the employee must take vacation leave or leave without pay. No court certificate is required in this instance. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. Permanent intermittent employees are entitled paid jury duty leave only for those days on which they were previously scheduled to work. 16.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them other than mileage allowance or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g. , accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in Section 16 of this Memorandum of Understanding. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. 33 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 First Choice 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 Contra Costa Health Plan Option Category Total Cost County Share Employee Share Employee. Only (No Medicare) No Dental $ 84.40 $ 84.39 $ .Ol Delta 99.74 99.73 .Ol Safeguard . 94.52 94.51 .01 Family (No Medicare) No Dental 213.45 213.44 .O1 Delta •248.13 248.12 Al 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 - 34 Family (No Medicare) y_ No Dental 227.41 188..48 $ 38.93 Delta 262.09 199.76 62.33 Safeguard 248.38 200.75 47.63 1st Choice Health Pian 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 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 .01 _Safeguard 22.20 22.19 .01 The, employee will pay a minimum of one cent ( .01 ) for any Health Plan or Dental Care Coverage. 17.3 Increased Costs. All rates shown above include life insurance coverage. The rates listed above are effective 1/l/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 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 35 payments for one enrollee; for Employee and Dependent(s) with one member on Medicare by taking the Employee and Dependents) 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. 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. 36 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 When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 18.3 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. pay or period of work connected disability exceeding fifteen (15) calendar days. For those employees appointed to permanent-intermittent positions with a six (6) months probation period, probation will be considered completed upon serving one-thousand (1 ,000) hours after appointment except that in no instance will this period be less than six (6) calendar months from the beginning of probation. If a permanent-intermittent probationary employee is reassigned to full-time, credit toward probation completion in the full-time position shall be prorated on the basis of one hundred seventy-three (173) hours per month. 18.4 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, Council activities, 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 7th calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal , and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in Subsection (A) , it may refer-the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal . If, after hearing, the Merit Board upholds the 37 appeal , it shall direct that the appellant be reinstated in the position and the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period, 18.5 Regular Appointment. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject- to the condition that the Director of Personnel receive from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee is recommended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of this Memorandum of Understanding, without notice and without right of appeal or hearing except as provided in Section 18.4A. 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 certifying that a probationary employee has served in a satisfactory manner and later acknowledges it was his or her intention to do so, the regular appointment shall begin on the day following the end of the probationary period. Notwithstanding any .other provisions of the Memorandum of Understanding, an employee rejected during the probation period from a position in the Merit System to which the employee had been promoted or transferred from an eligible dist, 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 trans- ferred. 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. 18.6 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 38 period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 18.7 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 of subsequently certified and appointed in a different department or classification than that from which the employee was laid off. Section 19 - Promotion 19.1 Competitive Exam. Promotion shall be by competitive examination unless otherwise provided in this Memorandum of Understanding. 19.2 Promotion Policy. The Director of Personnel, upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. . 19.3 Open Exams. If an examination for one of the classes represented by the Council 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 Council 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 Council 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 39 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 ermanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five percent (5%) credit for seniority in any promotional examination. 1.9.7 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 provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. 20.2 Any employee or appointing authority who desires to initiate a transfer may inform the Director of Personnel in writing of such desire stating the reasons therefor. 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 initiative in accomplishing the transfer. 40 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 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. C. Employees working a 4/10 schedule shall have constructively resigned if four (4) days elapse as provided in "A" above followed by four (4) more days as provided in "B" above. 21 .3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 2.1 .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. C. Contest - Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation 41 could have been believed to be coerced,_ this question should. be handled as an appeal to the Merit Board. , In the alternative, the employee may file a written election with the Director of Personnel waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure con- tained in Section 23 of the Memorandum of Understanding beginning with Step C. D. Disposition - If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the decision but without loss of seniority or pay, sub- ject to the employee's duty to mitigate damages. Section 22 - Dismissal , Suspension 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 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 working environment. 42 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. 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 any extension, the right to respond is lost. 22.3 Leave Pending Employee Reponse. 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. 3. A statement of the charges upon which the suspension is based and of the facts by which such charges adversely affect the County ser- vice or conflict with continued employment. C. A statement that the employee may respond to the appointing authority either orally or in writing within seven (7) calendar days. 43 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. F. An appointing authority, upon giving notice as provided in this Section 22, may immediately suspend without pay an employee against whom there is pending a criminal charge which adversely affects the County service or conflicts with continued employment. Pending criminal charges exist when an employee has been arrested or has been named a defendant in a criminal complaint or 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 effec- tive 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 is filed in writing with the Personnel Director within ten (10) calendar days after service of said order. An employee may not both appeal to .the Merit Board and file a grievance under Section 23 of this Memorandum of Understanding. 44 3 Section 23 - Grievance Procedure 23.1 A grievance is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding which specifically provide that the decision of any County official shall be final , the interpre- tation or. application of those provisions not being subject to the grievance procedure. The Council 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 employees immediate supervisor, who shall meet with the employee within five (5) days of receipt of a written request to hold such meeting. B. Step 2 - If a grievance is not satisfactorily resolved in Step 1 above, the employee may submit the grievance in writing within ten (10) work days to such management official as the Department Head may designate. This formal written grievance shall state which provision of the Memorandum of Understanding has been misin- terpreted or misapplied, how misapplication or misinterpretation has affected him or her to his or her detriment, and the redress he or she seeks. A copy of each written communication on a grievance shall be filed with the Director of Personnel . The Department Head or his or her designee shall have ten (10) work days in which to respond to the grievance in writing. C. . Step 3 - If a grievance is not satisfactorily resolved in Step 2 above, the employee may appeal in writing within seven (7) workdays to the Personnel Director. The Personnel Director or his or her designee shall have twenty (20) workdays in which to investigate the merit of the complaint and to meet with the Department Head and the employee and attempt to settle the grievance and respond in writing. D. Step 4 - No grievance may be processed under this Section which has not first been filed and -investigated in accordance with paragraph C above and filed within 7 workdays of the written response of the Personnel Director of his or her designee. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this Memorandum of Understanding, such grievance shall be submitted in writing within seven (7) workdays to an Adjustment Board comprised of three (3) Council representatives, no more than two (2) of whom shall be either an employee of the County or an elected or appointed offi- cial of the Council 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 45 organization employed to represent the County in the meeting and conferring process. The Adjustment Board shall meet and render a decision within twenty (20) workdays of receipt of the written request. E. Step 5 - If an Adjustment Board is unable to arrive at a majority decision, either the employee (or the County, when alleging a violation of Section 23.6 below) may require that the grievance be referred to an impartial arbitrator who shall be designated by . mutual agreement between the employee and the Personnel Director. Such request shall be submitted within twenty (20) workdays of the rendering of the Adjustment Board decision. Within 20 days of the request for arbitration the parties shall mutually select an arbitrator. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the employee and the County. Each party, however, shall bear the costs of its own pre- sentation, including preparation and post hearing briefs, if any. 23.2 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 Council which has been cer- tified 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 arbitratorshall 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 spe- cified in steps 1 through 3 above, the grievance will automatically move to the next step.. If an employee fails to meet the time limits specified in steps 1 46 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 Council , but is not represented by the Council in the grievance, shall give the Council a copy of the formal presen- tation. 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 Council . 23.6 No Strike. During the term of this Memorandum of Understanding, the Council , 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. 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 union 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 Council shall be processed under Section 23 unless the employee elects to apply to the Merit Board on matters within its jurisdic- tion. 8. 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 Council 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. 47 w t Section 24 - Retirement Contribution Pursuant to Government Code Section 31581 .1 , the County will continue to pay fifty percent (50%) of the retirement contributions normally required of employees. Such payments shall continue for the duration of this Memorandum of Understanding, and shall terminate thereafter. Employees shall be responsible for payment of the employees' contribution for the retirement cost of living program as determined by the Board of Retirement of the Contra Costa County Employees' Retirement Association without the County paying any part of the employees share. The County will pay the remaining one-half (1/2) of the retirement cost-of-living program contribution. Section 25 - 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, except as otherwise provided in the supplemental sections of this Memorandum of Understanding. Section 26 - Mileage 26.1 Mileage Reimbursement Rate. Effective August 1 , 1979 mileage allowance for the use of personal vehicles on County business shall be paid according to the following per month formula: 1 . - 400 miles $ .22 per mile 401 - plus miles .16 per mile The above rates shall be adjusted to reflect an increase or decrease in the cost of gasoline which shall be determined as provided below on the basis of the average price for "gasoline,..all types" per gallon as listed in Table 5, "Gasoline Average Prices per. gallon, U.S. City Average and Selected Areas" for the San Francisco- Oakland California area published by -the Bureau of Labor Statistics, U.S. Department of Labor, hereinafter referred to as the "Energy Report". The above mileage rates shall be increased or decreased by one cent (1 /) for each fifteen cents (15/) increase or decrease in the base price for gasoline which shall be defined as the average price of gasoline per gallon for July, 1979, as published in the Energy Report. Any such rate increase or decrease. shall be effective the first of the month following publication of the index. The 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. 48 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 person- nel file in the Personnel Department or in the employees personal history file in their department. The contents of such records shall be made available to the employee for inspection and review at reasonable intervals during the regu- lar 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. All documents pertaining to disciplinary actions shall be placed in an official personnel file maintained by the Personnel Department or in an official person- nel file maintained by their department. Copies of written reprimands or memoranda pertaining to an employee's unsatisfactory performance which are to be placed in the employee's personnel file shall be given. to an employee who shall have the right to respond in writing to said documents. Letters of reprimand are subject to the grievance procedure but shall not be processed past step 3 unless said letters are used in a subsequent discharge, suspension or demotion of the employee. Copies of letters of commendation which are to be placed in the employee's personnel file will be given to the employee. Employees have the right to review their official personnel files which are maintained in the Personnel Department or by their department. In a case involving a grievance, or disciplinary action, the employee's designated repre- sentative may also review his/her personnel file with specific written authori- zation from the employee. Section 28 - Professional Development/Dues Effective January 1 , 1988, each full-time employee shall be eligible to claim up to $120.00 for each fiscal year for professional- development during the duration of this memorandum of understanding. Allowable expenses include the following activities and materials directly related to the profession in which the individual is engaged as a County employee: 1 . Membership dues to professional organizations. 2. Registration fees for attendance at professional meetings, conferences, and seminars. 3. Books, journals, and periodicals. 4. Tuition and textbook reimbursement for accredited college or university classes. 49 w 4 5. Professional license fees required by the employee's classification. 6. Application and examination fees for registration as a professional engineer, architect, or engineer-in-training. Exlusions• Items specifically not authorized for purchase with these funds include, but are not necessarily limited to the following: 1 . -Health program memberships and physical fitness equipment. 2. Equipment or supplies not specifically required for or directly related to participation in a professional conference, seminar or workshop. 3. General office supplies. 4. Magazine subscriptions, newspapers, periodicals, or journals or general circulation such as Time, Newsweek, Press Democrat Newspaper, etc. 5. Time planners or calendar-type books. Section 29 - Flex-Time It is understood that Resolution No. 75/1037 pertaining to flex-time may be applied to the Professional Engineers 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 Professional Engineers Unit. The Department Head, prior to implementation, shall discuss the implementation of any flex-time system involving employees represented by the Western Council of Engineers with the Council . 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, Western Council of Engineers may request to meet with the Department Head for the purpose of proposing an alternate flexible work schedule. Section 30 - Book Reimbursement The County agrees to reimburse members of the Professional Engineers Unit for the full cost of books purchased when the books are required for job related training for which the employee receives full reimbursement of registration fees and/or tuition. Section 31 - Safety Shoes and Prescription Safety Eyeglasses The County shall reimburse employees for safety shoes and prescription safety eyeglasses for employees in those classifications the County has determined are eligible for such shoes and eyeglasses. The County will reimburse eligible 50 employees for safety shoes in an amount not to exceed Twenty Dollars ($20.00) per pair to a maximum of two (2) pairs in any year. The County will reimburse eligible employees for such prescription safety eyeglasses which are approved__by the County and are obtained from such establishment as required by the County. Section 32 - Service Awards The County shall continue its present policy with respect to service awards including time off; provided, however, that the type of award. given shall be at the sole discretion of the County. Section 33 - 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 normal work area during a meal hour because of a particular work assignment. 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 official guests of the County, work as mmembers of examining boards, 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 Administrative Bulletin. 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 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 i's not compensated. 51 3. Employee tools or equipment provided without the express approval of the department head and automobiles are excluded from reimbur- sement. 4. The loss or damage must have occurred in the line of duty. 5. The loss or damage was not a result of negligence or lack of proper care by the employee. 6. The personal property was necessarily worn or carried by the employee in order to adequately fulfill the duties and requirements of the job. 7. The loss or damage to employees eyeglasses, dentures or other prosthetic devices did not occur simultaneously with ajob connected injury covered by workers' compensation. 8. The amount of reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of loss or damage but not more than the original cost. 9. The burden of proof of loss rests with the employee. 10. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or Damage to Personal Property. Section 35 - Length of Service Definition (for service awards and vacation accruals) The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, provisional , and permanent status, and absences on approved leave of absence) . When an employee separates from a permanent position in good standing and within two years is reemployed in a permanent County position or is reemployed in a permanent County position from a layoff list within the period of layoff 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 36 -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. 52 Section 37 - Permanent-Intermittent Employee Benefits Permanent intermittent employees are eligible for prorated vacation and sick leave benefits. Section 38 - Permanent-Intermittent Employees Health Plan A permanent intermittent employee represented by Western Council of Engineers may participate in the County Group Health Plan of combined medical, dental and life insurance coverage wholly at the employee's expense. The County will not contribute to the employee's monthly premium. The employee. will be responsible for paying the monthly 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 39 - 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 com- bined medical , dental and life insurance coverage wholly at the employee's, expense. The County will not contribute to the employee's monthly premium. The employee will be responsible for paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and imme- diate withdrawal from the County Group Health Plan and reinstatement may only be effectuated during the annual open enrollment period. Section 40 - Registration Differential The County agrees to pay a $30 per month salary differential to all incumbents of Assistant Architectural Engineer positions who possess a valid California Certificate of Registration as a Civil Engineer, Mechanical Engineer, Electrical Engineer or Architect. Section 41 - Malpractice Coverage The County' s obligation to defend and indemnify its employees is prescribed by California Government Code Sections 825 et seq. and 995 et seq. This Section shall be enforceable only at law in accordance with the applicable law, but shall not be subject to the grievance provisions of this Memorandum of Understanding. Section 42 - Dependent Care A. Dependent Care Information & Referral Service On or about March 1 , 1988 the County will administer an "Information & Referral Service" through the Contra Costa Child Care Council for the duration of this Memorandum of Understanding. 53 • B. Dependent Care Salary Contribution v ' 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 dependent care; only eligible employees may contribute for such expenses; there is no County contribution for dependent care. Reimbursements are made on a monthly basis subject to submission of itemized statements, adequate accumulation of the salary contribution, proof of payment, and applicable County administrative procedures. Section 43 - Community Development Department Procedures The County will meet with Council representatives to develop a deep class eva- luation process for Civil Engineers in the Community Development Department that will provide an evaluation process consistent with the process utilized in the Public Works Department. Section 44 - Adoption The provisions of this Memorandum of Understanding shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said pro- visions -shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. Section 45 - Scope of Agreement & Separability of Provisions 45.1 Scope of Agreement. Except as otherwise specifically provided herein, this Memorandum of Understanding fully and .completely incorporates the under- standing of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall , during the term of this 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. 45.2 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. 45.3 Personnel Management Regulations. Where a specific provision contained in a section of this Memorandum of Understanding conflicts with a specific pro- vision contained in a section of the Personnel Management Regulations, the pro- vision of this Memorandum of Understanding shall prevail . Those provisions of 54 the Personnel Management Regulations within the scope of representation which are not in conflict with the provisions of this Memorandum of Understanding and those provisions of the Personnel Management Regulations which are not within the scope of representation shall be considered in full force and effect. 45.4 Duration of Agreement. This Agreement shall continue in full force and effect from July 1 , 1987 to and including June 30, 1989. Said Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other prior to sixty (60) days from the aforesaid ter- mination date of its intention to amend, modify or terminate the Agreement. Section 46 - Unfair Labor Practice Either the County or the Council may file an unfair labor practice as defined in Chapter 34-22 of 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 47 - Past Practices and Existing_Memoranda of Understanding Continuance of working conditions and past practices not specifically authorized by ordinance or by resolution of the Board of Supervisors is not guaranteed by this Memorandum of Understanding; provided, however, that only during the term of this Memorandum of Understanding which expires June 30, 1987, the Council may claim a violation of,a past practice. If the Council can demonstrate that such past practice exists by virtue of having been acknowledged and agreed to by Management and representatives of the Council or by employees represented by the Council 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 con- sidered a past practice pursuant to this provision. Date: CONTRA COSTA COUNTY WESTERN COUNCIL Of ENGINEERS By By GG�rn�►v� By ! i By 55 ATTACHMENT A The Western Council of..Engineers and the County have met and conferred in good faith regarding wages,-'hours and other terms and conditions of employment for employees in project classes which except for the project. designation would be represented by Western;Council of...Engineers: For example, `Assistant Architectural Engineer.. is represented by Western Council .of:,-Engineers; therefore'.: ~. it has been agreed that Assistant Architectural Engineer-Project will also be represented by Western Counc11 of Engineers = f Other Project _classes that not readily identifiable as. properly included in bargaining units represented by Western Council of _Engineers shall be assigned to bargaining units, �.in.`accordance with the provisions of .-Section 34-12 of. Board Resolution 81/1165: ;. . .. ...... . The Council and the County understand that the meet and confer process with respect to the conditions of employment for project classifications is unique and therefore differs from other regular classes represented by Western Council ' of Engineers in the -.following respects. 1. Project employees are not covered by the Merit System; 2. Project employees may be separated from service at any time without regard to the provisions of this Memorandum of Understanding, -without right of appeal or hearing or recourse to the grievance procedure specified herein. 3. Any provision of .this Memorandum of Understanding which per- tains to layoff or seniority are not applicable to project : - employees. - Y - ... +. A :TAUVMEN 1 b r CLASS & SALARY LISTING PROFESSIONAL ENGINEERS UNIT CLAS LEVEL SALARY RANGE CLASS TITLE NEWA . C5-1723 e 2544.00 — 3092.00 . . ASSISTANT ARCHITECTURAL ENGINEER NEW1 . C5-1723 . 25440'00 — 3092.00 . . ASSISTANT ARCHITECTURAL ENGINEER—Proj NEWB o C5-1756 , 2629,00 — 3196.00 . . ASSISTANT STRUCTURAL ENGINEER-Bldg. Im NKXA . T6-1656 . 2500.00 — 3201.00 . . *+CIVIL ENGINEER NKXA . T6-1656 . 3122.00 — 3621.00 . . *+CIVIL ENGINEER