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HomeMy WebLinkAboutMINUTES - 06071988 - 1.75 G THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 7, 1988 , by the following vote: AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder. NOES: None. ABSENT: None. ABSTAIN: None. SUBJECT: 1987-89 Terms & Conditions of Employment ). for Employees in Units Represented by ) 88/ 305 Contra Costa County Employees Association) Local #1 ) The Contra Costa County Board of Supervisors RESOLVES THAT: 1 . On June 7, 1988, the Employee Relations Officer submitted a Letter of Agreement dated June 7, 1988, with attachments A .through I , entered into with Contra Costa County Employees Association, Local No. 1 , and the following units represented by the Association: Agriculture and Animal Control Unit Attendant - LVN - Aide Unit Craft Maintenance Unit Deputy Public Defenders Unit Engineering unit General Services and Maintenance Unit Health Services Unit Investigative Unit Legal and Court Clerk Unit Library Unit Probation Unit 2. This Board having -. thoroughly considered said Memorandum of Understanding, the same is approved. . 3. Terms and Conditions of Employment. The Memorandum of Understanding with Contra Costa County Employees Association, Local No. 1 is attached hereto, marked Exhibit A, and Sections Numbers 1 through 55 inclusive are incorporated herein as if set forth in full and made applicable to the employees in the above-named units. 4. If an Ordinance(s) is required to implement any of the foregoing provisions, the Board of Supervisors shall enact said Ordinance(s) . THIS RESOLUTION is effective as of July 1 , 1987. I hereby certify that this is,a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: PHIL BACHELOR, Clerk of the Board of Supervisors and County Administrator Original : Personnel Department B , Deputy Copy to County Administrator y County Counsel All County Departments Contra Costa County Employees Assn. , Local #1 RESOLUTION NO. 88/305 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY EMPLOYEES ASSOCIATION, LOCAL 1 1987 - 1989 Memorandum of Understanding Between Contra Costa County And Contra Costa County Employees. Association, Local No. 1 This Memorandum of Understanding is entered into pursuant to the authority con- tained in Division 34 of Board of Supervisors Resolution 81/1165 and has been jointly prepared by the parties. The Employee Relations Officer (County Administrator) is the representative of Contra Costa County in employer-employee relations matters as provided in Board of Supervisors Resolution 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Union is the recognized representative, have freely exchanged information, opi- nions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. This Memorandum of Understanding shall be presented to the Contra Costa County Board of Supervisors, as the governing board of the County and appropriate fire districts, as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing July 1 , 1987 and ending June 30, 1989. Special provisions and restrictions pertaining to Project employees covered by this Memorandum of Understanding are contained in Attachment A which is attached hereto and made a part hereof. Definitions• A. "Appointing Authority" means Department Head unless otherwise provided by statute or ordinance. B. "Class" means a group of positions sufficiently similar with respect to the duties and responsibilities that similarselection procedures and qualifications may apply and that the same descrip- tive title may be used to designate each position allocated to the group. C. "Class Title" means the designation given to a class, to each posi- tion allocated to the class, and to the employees allocated to the class. D. "County" means Contra Costa County. E. "Demotion" means the change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee 1 formerly occupied except as provided for under "Transfer" or as otherwise provided for in this Memorandum of Understanding, in the Personnel Management Regulations, or in specific resolutions governing deep classes. F. "Director of Personnel " means the person designated by the County Administrator to serve as the Assistant County Administrator- Director of Personnel . G. "Eligible" means any person whose name is . on an employment or reemployment or layoff list for a given class. N. "Employee" means a person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this Memorandum of Understanding and whose position is held pending his return. I . "Employment List" means a list of persons, who have been found qualified for employment in a specific class. J. "Layoff List" means a list of persons who have occupied positions allocated to a class in the Merit System and who have been involuntarily separated by layoff or displacement or have voluntarily demoted in lieu of layoff. K. "Permanent Intermittent Position" means any position which requires the services of an incumbent for an indefinite period but on an intermittent basis, as needed, paid on an hourly basis. L. "Permanent Part-Time Position" means any position which will require the services of an incumbent for an indefinite period but on a regularly scheduled less than full-time basis. M. "Permanent Position" means any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. N. "Project Employee" means an employee who is engaged in a time limited. program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from County revenues. 0. "Promotion" means the change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under "Transfer" or as otherwise provided for in this Memorandum of Understanding, in the Personnel Management , Regulations, or in specific resolutions governing deep classes. P. "Position" means the assigned duties and responsibilities calling for tTe regular full-time, part-time or intermittent employment of a person. 2 � S Q. "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 i Management Regulations, deep class resolutions or other ordinances. R. "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. S. "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. T. "Resignation" means the. voluntary termination of permanent employment with the County. U. "Temporary Employment" means any employment which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. V. "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 Union Recognition. The Union is the formally recognized employee orga- nization for the representation units listed below, and such organization has been certified as such pursuant to Board of Supervisor's Resolution 81/1165, A,. Agriculture and Animal Control Unit - B. Attendant-LVN-Aide Unit C. Building Trades Unit D. Deputy Public Defenders Unit E. Engineering Unit F_. General Services and Maintenance Unit G. Health Services Unit H. Investigative Unit I . Legal and Court Clerk Unit J. Library Unit K. Probation Unit 3 t. Section 2 - Union Security 2.1 Dues Deduction. Pursuant to Board of Supervisor's Resolution 81/1165, only a majority representative may have dues deduction and as such the Union has the exclusive privilege of dues deduction or agency fee deduction for all employees in its units. 2.2 Agency Shop. A. The Union agrees that it has a duty to provide fair and non- discriminatory representation to all employees in all classes in the units for which this section is applicable regardless of whether they are members of the Union. B. All employees employed in a representation unit on or after the effective date of this Memorandum of Understanding and continuing until the termination of the Memorandum of Understanding, shall as a condition of employment either: 1 . Become and remain a member of the Union or; 2. pay to the Union, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under applicable constitutional , statutory, and case law, which under no circumstances shall exceed the monthly dues, initiation fees and general assessments made during the duration of this Memorandum of Understanding. It shall be the sole responsibility of the Union to determine an agency shop fee which meets the above criteria; or 3. do both of the following: a. Execute a written declaration that the employee is a member of a bonafide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. pay a sum equal .to the agency shop fee described in Section 2.2.8.2 to a non-religious, non-labor, - charitable on-labor,charitable fund chosen by the employee from the following charities: Family and Children's Trust Fund, Child Abuse Prevention Council and Battered Women's Alternative. C. The Union shall provide the County with a copy of the Union's "Hudson Procedure" for the determination and protest of its agency shop fees. The County shall provide a copy of the Union's "Hudson Procedure" to every employee hired into a class represented by the Union after the effective date of this MOU. The Union shall provide a copy of said "Hudson Procedure" to every fee payer covered by this MOU within one month from the date it is approved and annually thereafter, and as a condition to any change in the agency shop fee. Failure by an employee 4 to invoke the Union's Hudson Procedure within one month after actual notice of the Hudson Procedure shall be a waiver by the employee of their right to contest the amount of the agency shop fee. D. The provisions of Section, 2.2.8.2 shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leave of absence with a duration of more than thirty (30) days. E. Annually, the Union shall provide the Director of Personnel with copies of the financial report which the Union annually files with the California Public Employee Relations Board. Such report shall be available to employees in the unit. Failure to file such a report within sixty (60) days after the end of its fiscal year shall result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed, and upon mutual agreement, this time limit may be extended to 120 days. F. Compliance. 1 . An employee employed in or hired into a job class represented by the Union shall be provided with an "Employee Authorization for Payroll Deduction" card by the Personnel Department. 2. If the form authorizing payroll deduction is not returned within thirty (30) calendar days after notice of this agency shop fee provision and the Union's "Hudson Procedure," and the union dues, agency shop fee, initiation fee or charitable contribution required under Section 2.2.8.3 are not received, and the employee has not timely invoked the Union's Hudson Procedure, or if invoked, the employee's "Hudson Procedure" rights have been exhausted, the Union may, in writing, direct that the County withold the agency shop fee and the initiation fee from the employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County shall pay an equal amount to the Union. G. The Union shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this union security section, or action taken or not taken by the County under this Section. This includes, but is not limited to, the County's Attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance procedure following the adoption of this memorandum of understanding by the County Board of Supervisors. H. The County Personnel Department shall monthly furnish a list of all new hires to the Union. I . In the event that employees in a bargaining unit represented by the Union, vote to rescind "Agency Shop" , the provisions of Section 2.2.4 and 2.2.5 shall apply to dues-paying members of the Union. 5 2.3 Employees hired on or after October 1 , 1981 , in classifications assigned to units represented by the Union shall , as a condition of employment, complete a Union dues authorization card provided by the Union and shall have deducted from their paychecks the membership dues of the Union. Said employees shall have thirty (30) days from the date of hire to decide if he/she does not want to become a member of the Union. Such decision not to become a member of the Union must be made in writing to the Auditor-Controller with a copy to the Employee Relations Division within said thirty (30) day period. If the employee decides not to become a member of the Union, any Union dues previously deducted from the employee's paycheck shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to the Union. If the employee does not notify the County in writing of the decision not to become a member within the thirty (30) day period, he/she shall be deemed to have voluntarily agreed to pay the dues of the Union. Each such dues authorization form referenced above shall include a statement that the Union and the County have entered into a Memorandum of Understanding, that the employee is required to authorize payroll deductions of Union dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) days of employment upon proper written _notice by the employee within said thirty (30) day period as set forth above. Each such employee shall , upon completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of his/her right to revoke said authorization. 2.4 Maintenance of Membership. All employees in units represented by the Union who are currently paying dues to the Union and all employees in such units who hereafter become members of the Union shall as a condition of continued employment pay dues to the Union for the duration of this Memorandum of Understanding and each year thereafter so long as the Union continues to repre- sent the position to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.5. 2.5 Withdrawal of Membership. By notifying the Auditor-Controller's Department in writing, between May 1 and May 31 , 1989, any employee may withdraw from Union membership and discontinue paying dues as of the payroll period, com- mencing May 1 , 1989, discontinuance of dues payments to then be reflected in the June 10, 1989 paycheck. Immediately upon close of the above mentioned thirty (30) day period the Auditor-Controller shall submit to the Union a list of the employees who have rescinded their authorization for dues deduction. This can only be accomplished if and when agency shop would be rescinded. 2.6 Communicating With Employees. The Union 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 Union, 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 Union. Representatives of the Union, not on County time, shall be permitted to place a supply of employee literature at specific locations in County buildings if 6 1 ) arranged through the Department Head or designated representative; said repre- sentatives 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 Union 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 union 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 . 2.7 Use of County Mail System. The Union may distribute materials to designated Union representatives through the County distribution channels if approved by the Personnel Director. 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 Union. 2.8 Use of County Buildings. The Union 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; B. there is no additional cost to the County; C. it does not interfere with normal County operations; D. employees in attendance are not on duty and are not scheduled for duty; E. the meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and main- tain scheduling of such uses. The Union 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. 7 r. ) 2.9 Advance Notice_. The Union 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 appointed 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 appointed 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. 2.10 Written Statement for New Employees. The County will provide a writ- ten statement to each new employee hired into a classification in any of the bargaining units represented by the Union, that the employee's classification is represented by the Union and the name of a representative of the Union. The County will provide the employee with a packet of information which has been supplied by the Union and approved by the County. 2.11 Assignment of Classes to Bargaining Units. The County shall assign new classes in accordance with the following procedure: A. Initial Determination. When a new -class title is established, the Employee Relations Officer shall review the composition of existing representation units to determine the appropriateness of including some or all of the employees in the new class in one or more existing representation units, and within a reasonable period of time shall notify all recognized employee organizations of his determination. B. Final Determination. His determination is final unless within ten (10) days after notification a recognized employee organization requests in writing to meet and confer thereon. C. Meet and Confer and other Steps. He shall meet and confer with such requesting organizations (and with other recognized employee organizations where appropriate) to seek agreement on this matter within sixty (60) days after the ten (10) day period in Subsection B, unless otherwise mutually agreed. Thereafter, the procedures in cases of disagreement, arbitration referral and expenses, and cri- teria for determination shall conform to Board of Supervisor's Resolution 81/1165. 2.12 Section 18 of the 1977-1979 Memorandum of Understanding between the County and Local No. 1 shall be continued for the duration of this Memorandum of Understanding and shall be applicable to all units currently represented by Local No. 1 . 8 r. 1 Section 3 - No Discrimination There shall be no discrimination because of sex, race, creed, color, national origin, sexual orientation or union activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable State and Federal law there shall be no discri- mination because of age. There shall be no discrimination against any han- dicapped person solely because of such handicap unless that handicap prevents the person from meeting the minimum standards established for the position or from carrying out the duties of the position safely. Section 4 - Shop Stewards and Official Representatives 4.1 Attendance at Meetings. Employees designated as shop stewards or official representatives of the Union 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, including meetings of the Board of Supervisors; 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 scheduled at reaso- nable times agreeable to all parties, required for settlement of grievances filed pursuant to Section 23 (Grievance Procedure) of this Memorandum; D. if they are designated as a shop steward, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance provided the meetings are scheduled at reasonable times agreeable to all parties; E. if they are designated as spokesperson or representative of the Union and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with the appropriate department head, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required, including meetings of the Board of Supervisors and Retirement Board where items which are within the scope of repre- sentation and involving Local No. 1 are to be discussed. . 4.2 Union Representatives. Official representatives of the Union shall be allowed time off on County time for meetings during regular working hours when formal.ly 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 the below specified limits 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. 9 Unit Number of Employees Agriculture and Animal Control 2 Attendant-LVN-Aide 2 Building Trades 2 Deputy Public Defenders 1 Engineering 2 General Services and Maintenance 6 Health Services 4 Investigative 1 Legal and Court Clerk 1 Library 2 Probation 2 Section 5 - Salaries 5.1 General Wage Increases A. Effective November 1 , 1987 the employees in each Local No. 1 represented classification listed in Attachment A shall receive a general wage increase of 30 levels on the County Salary Schedule (3%) . B. Effective July 1 , 1988 the employees in each Local No. 1 represented classification listed in Attachment A shall receive a general wage increase of 39 levels on the County Salary Schedule (4%) ; except that the class of Public Health Nurse shall receive a wage increase of 30 levels (3%) effec- tive July 1 , 1988 and an additional 39 levels (4%) effective January 1 , 1989 C. Effective January 1 , 1988 employees in the classifications of Hospital Attendant, Licensed Vocational Nurse I , Licensed Vocational Nurse II , Psychiatric Technician, and Surgical Technologist shall receive a special wage adjustment of 25 levels (2 1/2%) . In return, the shift schedules of employees in the above listed classifications will be adjusted from an eight hour day to an eight and one-half hour day which includes a half hour unpaid meal period effective on or about January 1 , 1988. 5.2 A. 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 and October, 1987, computed as follows: Payroll quarter-to-date (July, August and September 10th & 25th payrolls) gross earnings (base pay minus AWOP, overtime, shift differential , hazard duty pay, career incentive, and other differential payments ordinarily computed as a percentage of base pay) plus October payroll 10 gross earnings will be added together for each employee (retro pay base). Q-T-D + Oct. PR = Retro Pay Base (RPB) 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 December 10th pay warrants and is subject to normal tax withholding and retirement deduction requirements. B. PAY EQUITY 1 . A pay equity study will be carried out by the County using County Staff and resources. The County shall attempt to complete the study in order that the results shall be available for the meet and confer process during 1989. 2. In formulating the pay equity study, the Director of Personnel shall meet with a Labor-Management Task Force, which shall include one representative appointed by each participating union and a number of management personnel equal to the total number of union representatives , appointed by the County Administrator. Such task force meeting will occur 30 days after . the adoption of the relevant Memoranda of Understanding. 3. The Chair of the Board of Supervisors or the Chair's designee shall Chair the Labor-Management Task Force as a non-voting member. Actions and recommendations of the Pay Equity Task Force must be approved by a. majority of management and a majority of union votes. Minority reports may be filed by the management or the union side if proposed actions or recommendations do not receive joint approval . Recommendations from the Labor Management Task Force regarding the methodology to be used in conducting the study shall be submitted to the Board of Supervisors for approval sixty days (60) after the first meeting of the Labor Management Task Force. 4. Staff for the Labor-Management Task Force shall be provided by the Personnel Department. 5. Recommendations from the Pay Equity Study shall be submitted to the Board of Supervisors for approval . 11 6. Pay Equity recommendations which are approved by the Board of Supervisors shall be implemented in such fashion that the County will provide fifty cents in pay equity adjustments for each one dollar general wage increase authorized "for the classifications represented by the participating unions collectively, provided that the total of pay equity adjustments in any fiscal year shall not exceed twenty-five percent of the general payroll increase. 7. Each participating union will promise not to bring or support comparable worth or pay equity litigation against Contra Costa County or any agent, servant, officer, or employee of Contra Costa County and further promise that in the event litigation advancing comparable worth or pay equity claims is brought against the County or any of its agents, servants, officers, or employees, within five years from the effective date of this agreement, by any person(s) employed or formerly employed in a class(s) represented by the participating unions, the union(s) representing such class(s) shall each pay up to five thousand dollars ($5000) of the County's attorney >fees and costs; provided that the union is not named as a co-defendant in such litigation. 5.3 Entrance Salary. Except as otherwise permitted in deep class resolu- tions, new employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range if mutually agreeable guide- lines have been developed in advance or the Personnel Director offers to meet confer with the Union on a case by case basis each time prior to formalizing the appointment. 5.4 Anniversary Dates. Except as may otherwise be provided for in deep class resolutions, anniversary dates will be set as follows: A. New Employees. The anniversary date of a new employee is .the first day of the calendar month after the calendar month when the employee successfully completes six (6) months service provided however, if an employee began work on the first regularly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six months service. B. Promotions. The anniversary date of a promoted employee is deter- mined as for a new employee in Subsection 5.4 A above. C. Transfer, Reallocation and Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated 12 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 day of the calendar month after the calendar month when the employee was appointed or transferred; provided however, when the appointment or transfer is effective on the employee's first regularly scheduled work day of that month, his/her anniver- sary is one (1 ) year after the first calendar day of that month. 5.5 Increments Within Range. The performance of each employee, except those of employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5.4 to determine whether the salary of the employee shall be advanced to the next higher step in the salary range. Advancement shall be granted on the 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 increment be granted at one time, except as otherwise provided in deep class resolutions. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next anniversary the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If an operating department verifies in writing that an adminis- trative 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 eli- gible, 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. 13 5.7 Compensation for Portion of Month. Any employee who works less than any full calendar month, except when on earned vacation or authorized sick l.eave, 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 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 Section 5.9 A above, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the realloca- tion. 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. 14 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. In the event of reallocation to a deep class, the provisions of the deep class resolution and . incumbent salary allocations, if any, shall supercede Section 5.9. 5.10 Salary on Promotion. Any employee who is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided under Section 5.13, shall receive the salary in the new salary range which is next higher than the rate received before promotion. In the event this increase is less than five (5) percent, the employee's salary shall be adjusted to the step in the new range which is at least five (5) per- cent greater than the next higher step; provided however that the next step shall not exceed the maximum salary for the higher class. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in an increase of less than five (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. 5.11 Salary on Involuntary Demotion. Any employee who is demoted, except as provided under Section 5.12, shall have his/her salary reduced to the monthly salary step in the range for the class of position to wh.ich he/she has been demoted next lower than the salary received before demotion. In the event this decrease is less than five (5) percent, the employee's salary shall be adjusted to the step in the new range which is five (5) percent 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. 5.12 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a position in a class having a salary schedule lower than that of the class from which he or she demotes, his or her salary shall remain the same if the steps in his or her new (demoted) salary range permit, and if not, the new salary shall be set at the step next below former salary. 15 5.13 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 five (5) percent 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 five (5) percent above the top base step of the deep class level or class in which they have status currently. 5.14 Pay for Work in Higher Classification. 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 classification pursuant to Subsection 5.10 - Salary on Promotion of this Memorandum, commencing 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. 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. 5. 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. 16 7. Any incentives_ (e.g. , the education incentive) and special dif- ferentials (e.g. , bilingual differential and hazardous duty differential ) accruing to the employee in his/her permanent posi- tion shall continue. S. During the period of work for higher pay in a higher classifica- tion, lassifica- tion, an employee will retain his/her permanent classification, and anniversary and salary review dates will be determined by time in that classification. 9. Allowable overtime pay, shift differentials and/or work location differentials will be paid on the basis of the rate of pay for the higher class. 5.15 Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided, however, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall , on the twenty-fifth (25th) day of each month, draw his/her warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less (at the option of the employee) of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. . The election to receive the advance shall be made on the prescribed form (form M-208, revised 5/81 ) and submitted by the 15th of the month to the department payroll clerk who will forward the card with the "Salary . Advance Transmittal/Deviation Report" to the Auditor-Controller payroll section. Such an election would be effective in the month of the submission and would remain effective until revoked. In the case of an election made pursuant to this Section 5.15 all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth (10th) day of the following month. 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 (8) hour days; for twenty-four (24) hour shift employees of the Health. Services Department, the normal work week is forty (40) hours between 12:01 a.m. Sunday to 12:00 midnight Saturday. However, where operational requirements of a department require deviations from the usual pattern of five (5) eight (8) 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 encompassing the complete operational cycle contemplated. The work week for employees in the 114-10" shift is four (4) ten (10) hour working days during a work week consisting of any seven (7) day period. If the 17 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) , or change existing work schedules or existing hours of work, it will meet and confer with the Union prior to implementing said new shift or hours change. This obligation does not apply where there is an existing system for reassigning employees to different shifts or different starting/stopping times . Nothing herein prohibits affected employees and their supervisor from mutually agreeing on a change in existing hours of work provided other employees are not adversely impacted. Section 7 - Overtime and Compensatory Time 7.1 Overtime. Overtime is any authorized work performed in excess of forty (40) hours per week or eight (8) hours per day. Overtime for "4-10" shift employees is any work performed beyond ten (10) hours per day or forty (40) hours per week. All overtime shall be compensated for at the rate of one and one-half (1-1/2) times the employee's base rate of pay (not including shift and other special differentials) . Overtime for permanent employees is earned and credited in a minimum of one-half hour increments and is compensated by either pay or compensatory time off. Employees entitled to overtime credit for holidays in positions which work around the clock (such as the County hospital , the Sheriff's office and jails, and the juvenile hall and boys' ranch) shall be provided a choice as to whether they shall be paid at the overtime rate or shall receive compensatory time off at the rate of one and one-half (1-1/2) 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 accu- mulation are set forth in Section 12.5 of this Memorandum of Understanding. Regular overtime for twenty-four (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. Eligible employees must notify their Department Head or his or her designee of their intention to accrue compensatory time off or to receive overtime pay at least thirty (30) days in advance of the change. 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 must elect to accrue compensatory time or they will be paid for authorized overtime hours worked. C. Compensatory time off shall be accrued at the rate of one and one- half (1-1/2) times the actual authorized overtime hours worked by the employee. 18 D. Employees may not accrue a compensatory .time off balance that exceeds one-hundred twenty (120) hours (i .e. , eighty (80) hours at time and one-half). Once the maximum balance has been atta.ined, 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/her designee and the employee. Compensatory time off shall not be taken when the employee should be replaced by another employee who would be eli- gible to receive, for time worked, either overtime payment or com- pensatory 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 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, they shall be paid their accrued hours of compensatory time at the straight time rate of pay whenever: 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, they shall be paid their accrued hours of compensatory time at the straight time rate of pay 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; 19 3, the employee separates from County service; 4. the employee retires. K. The Office of the County Audi tor-Control ler' will establish time- keeping procedures to administer. this Section. Section 8 - Call Back Time Any employee who is called back to duty shall be paid at the appropriate rate for the actual time worked plus one (1 ) hour. Such employee called back shall be paid a minimum of two (2) hours at the appropriate rate for each call back. Section 9 - On-Call Duty On call duty is any time other than time when the employee is actually on duty during which an employee is not required to be on County premises but stand ready to immediately report for duty and must arrange .so that his/her supervisor 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 of such on-call . time unless otherwise provided in the supplemental sections of this Agreement. Where on-call arrangements exist, the Department Head shall designate which employees are on-call unless otherwise provided in the supplemental sections of this Agreement. Section 10 - Shift Differential In the hours which qualify for shift differential , employees shall receive five (5) percent above their base salary rate. To qualify for shift differential , an employee must have a regularly assigned daily work schedule which requires : A. Completion of more than one and one-half (1-1/2) hours over the normal actual working time; or B. At least four ,(4) hours of_ actual working time from 5:00 p.m. through 9:00 a.m. inclusive. However, employees who have been regularly working a shift qualifying for shift differential imme- diately preceding the commencement of a vacation, paid sick leave period, paid disability or other paid leave, will have, shift dif- ferential included in computing the pay for their leave. The paid leave of an employee who is on a rotating shift schedule shall include the shift differential that would have been received had the employee worked the shift for which the employee was scheduled during such period. Shift differential shall only be paid during paid sick leave and paid disability as provided above for the first thirty (30) calendar days of each absence. 20 a Section 11 - Separation Through Layoff 11 .1 Grounds for Layoff. Any employee(s) having permanent status in position(s) in the merit service may be laid off when the position is no longer necessary, or for reasons of economy, .lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s) . 11 .2 Order of Layoff. The order of layoff in a department shall be based on inverse seniority in the class of positions, the employee in that department with least seniority being laid off first and so on. 11 .3 Layoff By Displacement. A. In the Same Class. A laid off permanent full-time employee may displace an employee in the department having less seniority in the same class who occupies a permanent intermittent or permanent part- time position, the least senior employee being displaced first. B. In the Same Level or Lower Class. A laid off or displaced employee who had achieved permanent status in a class at the same or lower salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class an employee having less seniority, the least senior employee being displaced first, and so , on with senior displaced employees displacing junior employees. 11 .4 Particular Rules on Displacing. A. Permanent intermittent and permanent part-time employees may displace only employees holding permanent positions of the same type respectively. B. A permanent full-time employee may displace any intermittent or part-time employee with less seniority 1 ) in the same class as provided in Section 11 .3 (A) , or 2) in a class of the same or lower salary level as provided in Section 11 .2 (B) if no full-time employee in a class at the same or lower salary level has less seniority than the displacing employees. C. Former permanent full-time employees who have voluntarily become permanent part-time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Director of Personnel or designee retain their permanent full-time employee seniority rights for layoff purposes only and may in a later layoff displace a full-time employee with less seniority as provided in these rules. 11 .5 Seniority. An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salary 21 schedule in effect at the time of layoff. Employees reallocated or transferred without examination from one class to another class having a salary within five (5) percent of the former class shall carry the seniority accrued in the former class into the new class. Employees reallocated to a new deep class upon its initiation or otherwise reallocated to a deep class because the duties of the position occupied are appropriately described in the deep class shall carry into the deep class the seniority accrued or carried forward in the former class and seniority accrued in other classes which have been included in the deep class. Service for layoff and displacement purposes ncludes 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- 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 22 r 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. - Jhe Director of Personnel shall recommend to the Board of Supervisors that a person employed from a layoff list be appointed at the same step of that salary range the employee held on the day of layoff. 11 .10 Removal of Names from Reemployment and Layoff Lists. The Director of Personnel may remove the name of any eligible from a reemployment or layoff list for any reason listed below: A. For any cause stipulated in Section 404.1 of the Personnel Management Regulations. B. On evidence that the eligible cannot be located by postal authori- ties. uthori- 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 (3) offers of permanent appointment to the class for which the eligible list was established have been declined by the eli- gible. E. If five (5) 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 Union Notification. When it appears to the Department Head and/or the Employee Relations Officer that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit repre- sented by the Union, the Employee Relations Officer shall notify the Union 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. 23 Section 12 - Holidays 12.1 The County will observe the following holidays: A. January lst, known as NewYears Day. Third Monday in January known as Dr. Martin Luther King Jr. Day Third Monday in February, known as Presidents Day The last Monday in May, known as Memorial Day July 4th, known as Independence Day First Monday in September, known as Labor Day November 11th, known as Veteran's Day Fourth Thursday in November, known as Thanksgiving Day The day after Thanksgiving December 25th, known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. B. Each employee (except those in Section 12.1 C following) shall accrue two (2) hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one-half (1/2) hour, and preference of personal holidays shall be given to employees according to their seniority in their department as reasonably as possible. No employee may accrue more than forty 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. C. Employees in positions which work around the clock shall in addi- tion to those holidays specified in Section 12.1A celebrate Admission Day, Columbus Day, and Lincoln's Day as holidays but shall not accrue the two (2) hours per. month of personal holiday credit referenced in Section 12.1B above. 12.2 The following provisions indicate how holiday credit is to be applied: A. Employees on the five (5) day forty (40) hour Monday through Friday work schedule shall be entitled to a holiday _whenever a holiday is observed pursuant to the schedule cited above. B. Employees on a work schedule other than Monday through Friday shall be entitled to credit for any holiday, whether worked or not, observed by employees on the regular schedule; conversely, such employees will not receive credit for any holiday not observed by employees on the regular schedule even though they work the holi- day. C. Employees will be paid one and one-half (1-1/2) times their basic salary rate for holidays actually worked in addition to regular pay for the holiday. 24 The purpose of this plan is to equalize holidays between employees on regular work schedule and those on other work schedules. If a holiday falls on the days off of an employee on a schedule other than Monday through Friday, the employee shall be given credit for overtime or granted time off on the employee's next scheduled work day. Employees who are not permitted to take holidays because of the nature of their work are entitled to overtime pay as specified by this Memorandum of Understanding. If any holiday listed in Section 12.1A above falls on a Saturday, it shall be celebrated on the preceding Friday. If any holiday listed in Section 12.1A falls on a Sunday, it shall be celebrated on the following Monday. For employees in the Health Services Department (only) assigned to units or services on a shift operational cycle which includes Saturday or Sunday as designated by the appointing authority (rather than Monday through Friday eight (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 Holiday Credit for Part-Time Employees. Permanent part-time employees shall receive holiday credit in the same ratio to the holiday credit given full- time employees as the number of hours per week in the part-time employee's sche- dule bear 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. Each "4-10" shift employee who works a full shift on a holiday shall receive time and one-half for the first eight (8) hours worked in addition to regular pay for the holiday. Holiday shift pay shall be subject to provisions of Section 7 - "Overtime". B. Absence on Holiday. The maximum time charged to sick leave, vacation or leave without pay on a holiday shall be two (2) hours. 12.5 Accrual of Holiday Time. Employees entitled to overtime credit in positions which work around the clock shall be permitted to elect between pay at the overtime rate or compensatory time off in recognition of holidays worked. The following procedures shall apply to this selection: 1 . Any person who is eligible and who elects to accrue holiday time must agree to do so for a full fiscal year (July 1 through June 30) , or the remainder thereof, unless otherwise specified by the Board. 2. Employees starting work after a list of those electing to accrue holiday time has been submitted to the Auditor and approved, will be paid overtime unless they specifically requested in writing within seven (7) calendar days to be placed on the accrual list. 3. Holiday time shall be accrued at the rate of one and one-half (1-1/2) times the actual hours worked to a maximum of eight (8) hours worked by the employee. 25 4. Holiday time may not be accumulated in excess of two-hundred eighty-eight (288) working hours. Holiday time may be accrued up to two-hundred eighty-eight (288) hours, exclusive of regular vaca- tion accruals. After two-hundred eighty-eight (288) hours, holiday time shall be paid at the -overtime rates as specified in Section 7. 5. Accrued holiday time may be taken off at times determined by mutual agreement of the employee and the Department Head. 6. Accrued holiday time shall be paid off only upon a change in status of the employee such as separation, transfer to another department or reassignment to a permanent-intermittent position. Section 13 - Vacation Leave 13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a per- manent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1 ) hour calculated on the same basis as for partial month compensation pursuant to Section 5.6 of this Memorandum of Understanding. Vacation credits may be taken in 1/2 hour increments but may not be taken during the first six (6) months of employment (not necessarily synony- mous with probationary status) except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. 13.2 Vacation Accrual Rates. For employees hired into a class in any bargaining unit covered by this MOU prior to September 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 26 For employees hired into a class of one of the following bargaining units on or after September 1 , 1979 the rates at which vacation credits accrue, and the maximum accumulation thereof, are as follows: Agriculture/Animal Control, Building Trades, Engineering, General Services and Maintenance, Legal and Court Clerk and Probation Units. 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 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 September 1 , 1979. However, prior service time which has been bridged shall count toward longevity accrual . 13.4 No employee who has been granted a leave without pay or unpaid mili- tary leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 13.5 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 Use of vacation accruals is by mutual agreement between the employee and the supervisor and preference of vacation shall be given to employees according to their seniority in their department as reasonably as possible unless otherwise provided in the supplemental sections of this Agreement. 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 cre- dit 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. 27 Credits to and charges against sick leave are made in minimum amounts of one- half (1/2) hour. Unused sick leave credits accumulate from year to year. When an employee is separated, other than through retirement, accumulated sick leave credits shall be cancelled, unless the separation results from layoff in which case the accumulated credits shall be restored if the employee is reemployed in a permanent position within the period of his/her layoff eligibility. Upon retirement, an employee's accumulated sick leave shall be converted to retirement time on the basis of one day of retirement service credit for each day of accumulated sick leave credit. Accumulated paid sick leave credits may be used, subject to appointing authority approval , by an employee in pay status, but only in the following instances: A. An employee may use paid sick leave credits when the employee is off work because of a temporary illness or injury. B. Sick Leave may be used by permanently disabled employees until all accruals of the employee have been exhaused or until the employee is retired by the Retirement Board subject to the conditions listed below. For the purposes of this Section 14, permanent disability shall mean the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County 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: 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 disability. The appointing authority may review medical evidence and order further examination as he/she deems necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insuf- ficient, 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 statement of disability from the employee's attending 28 physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disabi- lity as well as the 'date the physician anticipates the disability to terminate. The appointing authority retains the right to medical review of all requests for such leave. 2. If a female employee does not apply for sick leave and the appointing authority believes that the employee is not able to properly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery therefrom, the employee shall be required to undergo a physical examination by a physician selected by the County, 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 reco- very from such disability. E. Medical and Dental Appointments. An employee may use paid sick leave credits for medical and dental appointments as follows: 1 . For working time used in keeping medical and dental appointments for the employee's own care; and 2. For working time (not over forty (40) hours in each fiscal year) used by an employee for pre-scheduled medical and dental appointments for an immediate family member living in the employee's home and for children and parents who may reside outside of the employee's home. Such use of sick leave credits shall be accounted for by . the department on a fiscal year basis. Any balance of the forty (40) hours remaining at the end of the fiscal year shall not be carried over to the next year; departments shall notify the employee if the maximum allowance is reached. Authorization to use sick leave for this purpose is contingent on availability of accumulated sick leave credits; it is not an additional allotment of sick leave which employees may charge. 29 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 cre- Bits 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. Accumulated paid sick leave credits may not be used in the following situations : 1 . Vacation. For an employee's illness or injury while the employee is on vacation except when extenuating circumstances exist and the appointing authority approves. 2. Not in Pay Status. When the employee would otherwise be eligible to use paid sick leave credits but is not in a pay status. The proper administration of sick leave is -a responsibility of•the employee and the Department Head. Unless otherwise provided in the supplemental sections of this Memorandum of Understanding, the following procedures apply: A. Employees are responsible for notifying their department of an absence as early as possible prior to the commencement of their work shift or not later than thirty (30) minutes thereafter if possible. Notification shall include the reason and possible dura- tion of the absence. B. Employees are responsible for keeping their department informed of their continuing condition and probable date of return to work. . C. Employees are responsible for obtaining advance approval from their appointing authority or designee for the scheduled . time of prearranged personal or family medical and dental appointments. The use of sick leave may be denied if these procedures are not followed. . Abuse of sick leave on the part of the employee is cause for disciplinary action. The Department may require medical verification for an absence of three (3) or more working days. The Department may also require medical verification for absences of less than three (3) working days for probable cause if the employee had been notified in writing that such verification was necessary. 30 i y 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 exmination by a licensed .physician and receive a report of the findings on such examination. If the examining physician recommends that treatment for physical or mental health problems, including leave, are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to temporary or permanent disability shall be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary. The Personnel Director may order lost pay restored for. good cause and subject to the employee's duty to mitigate dama- ges. 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/she deems necessary in accordance with appropriate provisions of this Memorandum of Understanding. E. Before an employee is placed on an unpaid leave of absence or suspended because of physicial 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 per- sonally or by certified mail , containing the following: (1) a statement of the leave of absence or suspension proposed; 31 (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 apponting authority may order the leave of absence or suspen- sion in writing stating specifically the basis upon which the action is being taken, delivering the order to the employee either personelly or by mail , ,effective either upon personal delivery or deposit in the U.S. Postal Service. I . An employee who is placed on leave or suspended under this section may, within ten (10) calendar days after personal delivery or mailing to the employee of the order, appeal the order in writing through the Director of Personnel to the Merit Board. Alternatively, the employee may file a written election with the Director of Personnel waiving the employee's right to appeal to the Merit_ Board in favor of appeal to a Disability Review Arbitrator. J. In the event of an appeal either to the Merit Board or the Disability Review Arbitrator, the employee has the burden of proof to show that either: (1 ) the physicial 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. 32 f 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 infor- mation 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 spe- cialist mutually selected by the parties. The arbitrator shall hear and review the evidence. The decision of the Disability Review Arbitrator shall be binding on both the County and the employee. Scope of the Arbitrator' s Review. (a) The arbitrator may affirm, modify or revoke the leave of absence or suspension. (b) The arbitrator may make his decision based only on evidence submitted by the County and the employee. (c) The arbitrator may order back pay or paid sick leave credits for any, period of leave of absence or suspension if the leave or suspension is found not to be sustainable, subject to the employee's duty to mitigate damages. (d) The arbitrator's fees and expenses shall be paid one-half by the County and one-half by the employee or employee's union. 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. 33 A permanent employee shall continue to receive full regular salary during any period of compensable temporary disability absence. "Compensable temporary disability absence" for the purpose of this Section, is any absence due to work connected disability which qualifies for temporary disability compensation under Workers' Compensation Law set forth in Division 4 of the California Labor Code. When any disability becomes permanent, the salary provided in this Section shall terminate. The employee shall return to the County all temporary disability payments received by him/her 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 from the date of injury, whichever comes first. All continuing pay under the Workers' Compensation Program . will be cleared through the Personnel Office, 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 loss of pay or benefits. This provision applies only to injuries that have been accepted by the County as a job connected injury. D. 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 (vacation. charges to be approved by the department and the employee) . If salary integration is no -longer available, workers' compensation benefits will be paid directly to the employee as prescribed by workers' compensation laws. E. Rehabilitation Integration. An injured employee who is eligible for workers' compensation rehabilitation temporary disability bene- fits and whose disability is medically permanent and stationary will continue to receive full salary by integrating sick leave and/or vacation accruals with workers' compensation rehabilitation temporary disability benefits until those accruals are exhausted. Thereafter, the rehabilition _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. 34 G. Method of Integration An employe's sick leave and/or vacation c arges shall be calculated as follows: C = 8j1 - (W;S)7 Where C = Sick leave or vacation charge per day (in hours) Where W = Statutory workers' compensation for a month Where S = Monthly salary For example: W = $960.00 per month Workers Compensation S = $1667.00 per month salary 8 = 8 hours C = Hours to be charged to Sick Leave C = 8 j 1 - (960 - 1 .667)] C = 8 [ 1 - ( .5758)] C = 81 .42421 C = 3.39 3 hours chargeable to sick leave 5 hours chargeable to workers compensation 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 On May 26, 1981 , the Board of Supervisors established a labor- management committee to administer a rehabilitation program for disabled employees. 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 The County agrees to meet and confer with the Union regarding implementation of a revised County-wide Sick Leave Policy. Such meet and confer sessions shall take place during the term of this memorandum of understanding. Section 15 - Leave of Absence 15.1 Leave Without Pay. Any employee who has permanent status in the classified service may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for. pregnancy shall be granted in accordance with applicable state and federal law. Upon request to the appointing authority, any employee who has permanent 35 status in the classified service shall be entitled to at least an eighteen (18) week (less if so requested by the employee) parental leave of absence, commencing with the birth, adoption, or serious illness of a child or dependent parent. Insofar as pregnancy disability leave is used under Section 14.2D, that time will not be considered a part of the 18 week parental leave period. Additionally, an employee may choose to remain in a pay status by using available sick leave (under Section 14) , vacation, floating holiday or compensatory time off entitlements during the 18 week parental leave; however, use of accruals must be on a continuous basis from the beginning of the parental leave period and may not be "broken" into segments used on. a monthly basis (except as may be required by SDI buyback under Section 14.8) . Parental leave must be requested at least 30 days prior to the scheduled leave commencement date unless an exigency arises. Requests for leave without pay shall be made upon forms prescribed by the Director of Personnel and shall state specifically the reason for the request, the date when it is desired to begin the leave and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1 . illness or disability; 2. pregnancy; 3. parental ; 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 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, provided, however, that less notification may be approved at the discretion of the appointing authority or designee. The Personnel Department shall be notified promptly of such return. Failure to submit timely written notice may result in the employee not being permitted to return to work until the required notice period has elapsed. Except , with respect to leave due to pregnancy, illness or disability, the decision of the appointing authority on granting or denying a leave of absence shall be subject to appeal to the Personnel Director and not subject to appeal through the grievance procedure set forth in Section 23 of this Memorandum of Understanding. 15.2 Military Leave. Any employee in the merit system and who is required to serve as a member of the State Militia or the United States Army, Navy, Air 36 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 ter- mination 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 accured at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Personnel may deem necessary. 15.3 Leave of Absence Replacement. Any permanent employee in the merit system who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to a position in that classification and department and then only on the basis of seniority. In case of severence 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. 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. 37 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 to paid jury duty leave only for those days on which they were previously scheduled to work. 16.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them other than mileage allowance or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g. , accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. Retention or waiver of fees shall .be governed by the same provisions as apply to jury duty as set forth in Section 16 of this Memorandum of Understanding. Employees shall advise . their department as soon as possible if scheduled to appear for witness duty. Permanent intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. Section 17 - Health & Welfare, Life & 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 Service, 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 1st Choice Health Plan to all permanent full-time and part-time employees regularly scheduled to work twenty (20) or more hours per week. 38 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 $ .01 Delta 99.74 99.73 .01 Safeguard 94.52 94.51 .01 Family (No Medicare) No Dental 213.45 213.44 .01 Delta 248.13 248.12 .01 Safeguard 234.42 234.41 .01 H.E.A.L.S. Health Plan Option Category Total Cost County Share Employee Share Employee Only (No Medicare) No Dental $ 94.37 $ 89.20 $ 5.17 Delta 109.71 97.59 12.12 Safeguard 104.49 96.98 7.51 Family (No Medicare) No Dental 227.41 188.48 38.93 Delta 262.09 199.76 62.33 Safeguard 248.38 200.75 44.63 39 1st Choice Health Plan Option CateRory 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 ( .Ol ) for any Health Plan or Dental Care Coverage. All rates shown above include life insurance coverage. The rates listed above are effective 1/1/88 and are based on the County contributing up to a maximum of six dollars ($6.00) per month of increased premium for a single subscriber and up to 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. 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. 40 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. Corresponding Medicare rates for employees covered under this Memorandum of Understanding shall be as follows: ' for Employee Only on Medicare by taking the Employee Only rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with one member on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with two members on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for two enrollees. 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/she is credited with compensation. An employee who terminates County employment may convert to individual health plan coverage. Upon retirement, employees may remain in the same County group medical plan if immediately before their retiremment they are either active subscribers to one of the County group medical plans or if on authorized leave of absence without pay they have retained individual conversion membership from one of the County plans. Employees shall be allowed to maintain their health plan coverage at the County grou.p rate for twelve (12) months if on approved leave of absence provided 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 payment shall result in cancellation of health plan 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. 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. 41 18.2 Listed below are those classes represented by the Union which have probation periods in excess of six (6) months. Agricultural Biologist Trainee = one (1 ) year Animal Control Officer - one (1 ) year Apprentice Mechanic - two (2) years Deputy Probation Officer I - one (1 ) year Deputy Public Defender - one (1 ) year Family Support Collections Officer - one (1) year Group Counsellor I - one (1 ) year Security Guard - one (1 ) year Sheriff's Dispatcher - one (1 ) year Weights & Measures Inspector Trainee - one (1 ) year 18.3 When the probationary period for a class is changed, only new appointees to positions in the classification shall be subject to the revised probationary period. 18.4 The probationary period shall date from the time of appointment to a permanent position after certification from an eligible list. It shall not include time served under provisional appointment or under appointment to limited term positions or any period of continuous leave of absence without 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 proba- tion. If a permanent-intermittent probationary employee is reassigned to full- time, credit toward probation completion in the full-time position shall be prorated on the basis of one-hundred-seventy-three (173) hours per month. 18.5 Rejection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probation- ary 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 or union 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 seventh (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 42 prohibited in Subsection A, it may refer the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal . If, after hearing, the Merit Board upholds the appeal , it shall direct that the appellant be reinstated in the position and the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period. 18.6 Regular Appointment. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the Director of Personnel receive from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee is recom- mended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of this Memorandum, without notice and without right of appeal or hearing. If the appointing authority has not returned the probation report, a probationary employee may be rejected from the service within a reasonable time after the probation period for failure to pass probation. If the appointing authority fails to submit in a timely manner the proper written documents certifying that a probatinary employee has served in a satisfactory manner and later acknowledges it was his or her intention to do so, the regular appointment shall begin on the day following the end of the probationary period. Notwithstanding any other provisions of the Memorandum of Understanding, an employee rejected during the probation period from a position in the Merit System to which the employee had been promoted or transferred from an eligible list, shall be restore& 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. 18.7 Layoff During Probation. An employee who is laid off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance of the required probation. 43 If reemployed in another department or _in another classification, the employee shall serve a full probationary period. An employee appointed to a permanent position from a layoff or reemployment list is subject to a probation period if the position is in a department other than the department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 18.8 Rejection During Probation of Layoff Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless. discharged for cause, if the person is within the period of layoff eligibility. The employee shall begin a new probation period 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 Promotion shall be by competitive examination unless otherwise provided in this Memorandum of Understanding. 19.2 Promotion Policy. The Director of Personnel , upon request of an appointing authority, shall . determine whether an examination is to be called on a promotional basis. 19.3 If an examination for one of the classes represented by the Union 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 Union 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 classifi- cation to a higher classification and his/her 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 six (6) months. 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 Union approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. 44 19.5 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional . examinations only if the requirements are met on or before the final filing date. If an employee who is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee's name shall be removed from the promo- tional list. 19.6 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of seventy (70) percent or more, shall receive, in addition to all other cre- dits, five one-hundredths of one ( .05) percent for each completed month of ser- vice as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five (5) percent credit for seniority in any promotional examination. 19.7 County employees who are required as part of the promotional examination process to take a physical examination shall do so on County time at County expense. Section 20 - Transfer & Reassignment 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. Notwith- standing the foregoing, transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. 20.2 Any employee or appointing authority who desires to initiate a transfer may inform the Director of Personnel in writing of such desire stating the reasons therefore. The Director of Personnel shall if he or she considers 45 that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, inform the appointing authority or authorities concerned and the employee of the proposal and may take the ini- tiative in accomplishing the transfer. 20.3 Reassignment of Work Location. Employees desirous of reassignment to a position in the same classification at another work location shall submit a request for reassignment in writing to the Department Head. When openings occur in various work locations, requests for reassignment will be reviewed with consideration given to various factors including but not limited to distance of employee's residence from desired work location and relative length of service of the applicants for a particular location. The Department Head or designated representative shall make the sole determination as to assignment of personnel , except as otherwise provided in the supplemental sections of this Memorandum of Understanding. This provision applies to intradepartmental reassignments only. This provision for work location reassignments applies only to the following units: Agriculture Unit (excluding the Weights and Measures Division) ; Library Unit; Legal and Court Clerk Unit. 20.4 Voluntary Reassignment (Bidding) Procedure. The below listed proce- dure shall apply to the following groups of employees : the entire General Services and Maintenance Unit except Sheriff's Dispatchers, the entire LVN-Attendant/Aide Unit, the entire Health Services Unit, Group Counsellors in the Probation Department and that portion of the Engineering Unit in the Public Works Department. Permanent employees may request reassignment to vacant permanent positions in the same classification or in the same level of their deep classification. All permanent vacancies will be offered for bid to presently assigned, full-time, part-time and permanent intermittent employees for reassignment. Nothing herein precludes the making of temporary reassignments not entailing the filling of vacant permanent positions. The following procedures shall apply: A. Responsibility. Implementation of the reassignment procedure is the responsibility of the supervisor of the position which is vacant. B. Vacancy Notices Posted. Vacant position notices for positions which are to be filled shall be posted for five (5) calendar days. The notice shall specify job characteristics and shall be posted only once (see attached sample bidding form) . The supervisor may begin interviewing bidders immediately upon posting the bid notice. If the supervisor receives less than three (3) bidders, he or she may fill the position by using the Merit System eligible list or by making internal reassignments. For purposes of this procedure, a bidder is an employee in the same class who is eligible to bid under Section D, following, and who meets all the minimum qualifi- cations for the position including any specialized requirements such as bilingual ability, position flag requirements, and who sub- mits a bid on the position. 46 C. All Vacancies Must be Posted. All vacant positions which may occur by creation of new positions, separation, promotion, demotion or reassignment must be posted for permanent employee bidding. D. Who May Request Reassignment. All permanent full-time, permanent part-time or permanent intermittent employees may request reassign- ment to any open permanent position in the same classification or in the same level of a deep classification anywhere else in their Department. E. Who May Not Request Reassignment. Employees who are in a temporary status or provisionally appointed to a permanent position, employees still on probation in a permanent position and employees who have been in their current assignment less than three (3) months may not bid for reassignment under this procedure. F. Employee Selection. If three (3) or more employees bid on the position, the position shall be filled from among the three (3) most senior bidders. For the purposes of bidder selection, the "Rule of 3" shall apply. That is, the supervisor is entitled to select from three (3) candidates and the three (3) most senior may be considered as equal . Seniority for bidding purposes means classification seniority for layoff purposes. If two (2) employees bid, the supervisor shall be entitled to one (1 ) additional name from an eligible list. If one (1) employee bids, the supervisor shall be entitled to two (2) additional names from an eligible list. If no employees bid, the supervisor may fill the position from an el-igible list or otherwise in accordance with the Personnel Management Regulations. The supervisor shall offer to interview all candidates either in person or on the telephone. Subsequent to submitting a bid, an employee may waive consideration for the posi- tion at any time by notifying the supervisor verbally or in writing in which case the next most senior bidder (if any) or candidate from the eligible list may be considered. The remaining active bidders will be advised within ten (10) work days after the posting is removed whether they have been selected or the status of their bid. If requested by the employee, supervisors shall give . an employee in writing the reason(s) why he or she was not selected. G. No Old Job Claim. The selected employee shall have no claim on the jobs he or she left. If a decision is made by the employee to seek immediate reassignment, the employee may only be placed in another vacant position in accordance with this policy. H. Bidding While on Leave. Employees interested in a particular assignment and wishing to be notified of an open position while on vacation, sick leave or leave of absence (not scheduled day off) may leave a written notice or a self-addressed, stamped envelope with the supervisor of the position they are interested in. 47 CONTRA COSTA COUNTY Local No. 1 Bid Notice To: Permanent Employees in the class of From: Name Title SUBJECT: NOTICE OF OPEN POSITION Classification: Position No: Level : Position Type: If deep classification) FT PPT PI /40 hrs. Department: Division: Geographic Area: East, West, Central Worksite (street address, etc.) : Shift/Hours: Days Off: Other Requirements: (i .e. , bilingual ability, position "flags") All eligible full-time, permanent part-time, or permanent intermittent employees in the above classification interested in this position, submit bids IN WRITING on Form 103 (WIDSI) to: by , Name Date Time of Day Posting Date: Removal Date: 48 20.5 Involuntary Reassignment Procedure. The below listed procedure shall apply to the following groups of employees 7except in the case of layoffs where Section 20.6 governs) : entire General Services and Maintenance Unit except Sheriff's Dispatchers; entire LVN/Attendant/Aide Unit; entire Health Services Unit; Group Counsellors in the Probation Department; and that portion of the Engineering Unit in the Public Works Department. Department management, at its sole discretion, may determine from time to time that involuntary reassignments of staff are required. Involuntary reassignments are the reassignments of permanent employees in their existing classification to a new worksite , shift, or program area. Such decisions may result from inabi- lity to fill a vacancy through the voluntary reassignment procedure or from a determination that excess staff are allocated to a certain site, shift, or program. When such decisions are made and the reassignments are permanent, the below listed procedure shall apply. This policy shall not apply to temporary reassignments of less than eight (8) weeks duration to cover such things as vacation relief, sick leave absences , temporary shifts in workload, training assignments, or temporary short term assignments to cover vacant positions which could not be filled through the voluntary reassignment policy and for which actions are underway to fill per- manently from an eligible list. If a temporary reassignment is expected to exceed eight (8) weeks in duration, the affected Department shall either use the below listed procedure or will meet and confer with the Union on a case by case basis regarding an alternative approach. A. Management will identify the classifications and positions from which reassignments are necessary. B. Affected employees will be provided with a list of vacancies/ assignments for which they may apply. C. Affected employees shall be given the opportunity to volunteer for the available vacancies/assignments and shall be considered in accordance with Part F of the voluntary reassignment procedure. D. If there are insufficient volunteers for the number of available positions or no volunteers, and involuntary reassignments are still required, the least senior qualified affected employee. shall be reassigned to the vacant assignment identified by management, followed by the next least senior employee, and so on in inverse order of seniority until all necessary reassignments are completed. Qualified is defined as a person possessing the necessary training or experience for the specific assignment. Seniority for involuntary reassignment purposes shall be defined as seniority within classification. Nothing contained in this Section shall prohibit the Department and the Union from making a mutually agreed upon alternative arrangement. In no event shall reassignments be utilized for disciplinary purposes. 49 20.6 When reassignment of an employee or employees is necessary due to layoff or displacement, the following procedures shall be followed: A. A list of vacant positions shall be posted in work areas of all affected employees for a minimum of five (5) work days. B. Employees shall be given the opportunity to volunteer for vacancies and shall be reassigned on the basis of seniority. C. If there are no volunteers for reassignment, the least senior employee(s) in that class shall be reassigned. D. Management shall have the sole prerogative to select the vacancy to which the least senior employee(s) shall be reassigned. Seniority for reassignment purposes shall be defined as (in Section II , Layoff) seniority within classification. If reduction or reassignment by site is necessary, the least senior employee in the affected class at the site shall be reassigned. If reduction or reassignment is necessary by shift, the least senior employee in the affected class assigned to the affected shift shall be reassigned. Nothing contained in this Section shall prohibit a Department and the Union from making a mutually agreed upon alternative arrangement. 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 work days have elapsed without response by the employee after the receipt of a registered or certified letter citing a notice of resignation by the appointing authority to the employee at the employee's last known address_ but no more than ten (10) working days from mailing of said notice. 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. 50 21 .4 Revocation. A resignation that is effective is revocable only by written concurrance of the employee and the appointing authority. 21 .5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice _ on the Director of Personnel and a copy to 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 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: A. absence without leave, B. conviction of any criminal act involving moral turpitude, C. conduct tending to bring the merit system into disrepute, D. disorderly or immoral conduct, E. incompetence or inefficiency, F. insubordination, G. being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs _or consuming or using liquor or drugs during work hours and/or on County premises, H. neglect of duty (i .e. non-performance of assigned responsibilities) , I . negligent or willful damage to public property or waste of public supplies or equipment, 51 J. violation of any lawful or reasonable regulation or order given by a supervisor or Department Head, K. willful violation of any of the provisions of the merit system ordinance or Personnel Management Regulations, L. material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, M.. misappropriation of County funds or property, N. unreasonable failure or refusal to undergo any physical , medical and/or psychiatric exam and/or treatment authorized by this Memorandum of Understanding, 0. dishonesty or theft, P. excessive or unexcused absenteeism and/or tardiness, Q. sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal , or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual , or unreasonably interfering with an individual 's work performance, or creating an intimidating and hostile working environment. 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 a 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 omissions and grounds upon which the action is based. C. If it is claimed that the employee has violated a rule or regula- tion of the County, department or district, a copy of said rule shall be included with the notice. D. A statement that the employee may review and request copies of materials upon which the proposed action is based. E. A statement that the employee has seven (7) calendar days 'to respond to the appointing authority either orally or in writing. Employee Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or during an extension, the right to respond is lost. 22.3 Leave Pending Employee Response. Pending response to a Notice of Proposed Action within the first seven (7) days or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 52 22.4 Suspensions without pay shall not exceed thirty (30)_ days unless ordered by an arbitrator, an adjustment board or the Merit Board. The thirty (30) day limit, does not apply to suspension due to pending criminal charges as provided in 22.5 below. 22.5 Notice of Suspension Without Pay Due to Pending Criminal Charges. Before suspending an employee due to pending criminal charges, the appointing authority shall cause to be served either personally or by certified mail, on the employee, a Notice of Suspension Due to Pending Criminal Charges, which shall contain the following: A. A statement that the employee is suspended while criminal charges are pending or until the charges are dismissed. B. A statement of the charges upon which the suspension is based and of the facts by which such charges adversely affect the County ser- vice or conflict with continued employment. C. A statement that the employee may respond to the appointing authority either orally or in writing within seven (7) calendar days. D. A 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. 53 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. 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 interpreta- tion or application of those provisions not being subject to the grievance pro- cedure. The Union may represent the employee at any state of the process. Grievances must be filed within thirty (30) days of the ,incident or occurance about which the employee claims to have a grievance and shall be processed in the following manner: A. Step 1 . Any employee or group of employees who believes that a provision of this Memorandum of Understanding has been misin- terpreted or misapplied to his or her detriment shall discuss the complaint with the employee's immediate supervisor, who shall meet with the employee within five (5) days of receipt of a written request to hold such meeting. 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 misinter- preted 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. If either the union or grievant request a meeting with the Department Head or his/her designee at this step, such a meeting will be held. C. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the employee may appeal in writing within ten (10) work days 54 to the Personnel Director. The Personnel Director or his or her designee shall have twenty (20) work days in which to investigate the merit of the complaint and to meet together at the same time with the Department Head or his/her designee 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 seven (7) work days of the written response of the Personnel Director or 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) work days to an Adjustment Board comprised of three (3) Union representatives, no more than two (2) of whom shall be either an employee of the County or an elected or appointed official of the Union presenting this grievance, and three (3) representatives of the County, no more than two (2) of whom shall be either an employee of the County or a member of the staff of an organization employed to represent the County in the meeting and conferring process. The Adjustment Board shall meet and render a decision within twenty (20) work days of receipt of the written request. Where the parties agree, the Adjustment Board may be comprised of 2 Union representatives and 2 County representatives. 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) work days of the rendering of the Adjustment Board decision. Within twenty (20) days of the request for arbitration, the parties shall mutually select an arbitrator, who shall render a decision within thirty (30) working days from the date of final submission of the grievance including receipt of the court reporter's transcript and post hearing briefs if any. The fees and expenses of the arbitra- tor and of the Court, Reporter shall be shared equally by the employee and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any. 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 Union which has been cer- 55 tified as the recognized employee organization for such unit and under such dispute falls. within, the definition of a grievance as set forth in Subsection 23.1 above. C. Proposals to add to or 'change this Memorandum of Understanding or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Personnel Director in pursuance of the procedures outlined in Subsection 23.1 (C) above, or the Adjustment Board in pursuance of the provisions of Subsection 23.1 (D) above resolve a grievance which involves suspension or discharge, they may agree to payment for ..lost time or to reinstatement with or without payment for lost time. 23.3 The time limits specified above may be waived by mutual agreement of the parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If an employee fails to meet the time limits specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn. 23.4 An official , with whom a formal grievance is filed by a grievant who is included in a unit represented by the Union, but is not represented by the Union in the grievance, shall give the Union a copy of the formal presentation. 23.5 Compensation Complaints. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Personnel Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than six (6) months from the date upon which the complaint was filed. No change in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Union. 23.6 No Strike. During the term of this Memorandum of Understanding, the Union, 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. 56 In the case of a legally declared lawful strike against a private or public sector employer which has been sanctioned and approved by the labor body or council having jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises his or her supervisor as soon as possible,- and provided further that an employee may be required to cross a picket line where the performance of his or her duties is of an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety. 23.7 Merit Board. A. All Grievances of employees in representation units represented by the Union shall be processed under Section 23 unless the employee elects to apply to the Merit Board on matters within its jurisdic- tion. B. No action under Paragraph C, D and E of Subsection 23.1 above shall be taken if action on the complaint or grievance has been taken by the Merit Board, or if the complaint or grievance is pending before the Merit Board. 23.8 The Union may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this Memorandum of Understanding. Section 24 - Bilingual Pay A salary differential of forty dollars ($40.00) per month shall be paid incum- bents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Personnel . Said differential shall be prorated for employees working less than full-time and/or who are on an unpaid leave of absence for a portion of any given month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. The Union shall be notified when such designations are made. Section 25 - Retirement Contribution Pursuant to Government Code Section 31581 .1 , the County will continue to pay fifty (50) percent 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 26 - Training Reimbursement The County Administrative Bulletin on Training shall govern reimbursement for training and shall continue to limit reimbursement for career development training to two hundred dollars ($200) per semester or one hundred fifty dollars 57 ($150) per quarter, not to exceed six hundred dollars ($600) per year, except as otherwise provided in the supplemental sections of this Memorandum of Understanding. Section 27 - Safety Shoes and Prescription Safety Eyeglasses The County shall reimburse employees for safety shoes and prescription safety eyeglasses in those classifications the County has determined eligible for such reimbursement. The County will reimburse eligible employees for safety shoes in an amount not to exceed one payment of fifty dollars ($50.00) in any calendar year. The County will reimburse eligible employees for prescription safety eyeglasses which are approved by the County and are obtained from such establishment as required by the County up to one (1 ) pair per year. Section 28 - Safety The County shall expend every effort to see to it that the work performed under the terms and conditions of this Memorandum of Understanding is performed with a maximum degree of safety consistent with the requirement to conduct efficient operations . Section 29 - Performance Evaluation Procedure The following procedures shall apply in those departments which already have a formal written performance evaluation system. Nothing herein shall be construed to require the establishment of such a system where it does not currently exist. A. Goal : A basic goal of the employee evaluation is to help each employee perform his/her job more effectively to the mutual benefit of the employee and the County. The evaluation process provides an ongoing means of evaluating an employee's job performance and pro- moting the improvement of the job performance. The evaluation process also provides the opportunity to recognize and document outstanding service as well as service that has been unsatisfactory to the County. B. Frequency of Evaluation. 1 . Probationary employees shall be evaluated at least once during their probationary period. 2. Permanent employees shall be evaluated annually. C. Procedure. 1 . An employee shall generally be evaluated by the first level management supervisor above the employee. 2. It will be necessary in some cases for a supervisor to consult with the employee's immediate work director in order to make a comprehensive evaluation. 3. Where feasible, evaluations will be based primarily on observation by the evaluator of the employee in the per- 58 formance of his/her duties. Comments based on secondary information shall have supportive documentation. 4. An employee will be informed in advance of a meeting with his/her supervisor to discuss the employee's evaluation and to put the evaluation in writing on the department evaluation forms. 5. The employee shall be informed of his/her right to prepare and have attached to the evaluation form any written com- ments which the employee wishes to make. 6. When an employee is rated below satisfactory on any fac- tor, the evaluation will give the reasons for such rating and include specific recommendations for improvement in writing. 7 . The employee's signing of an evaluation form does not necessarily mean that the employee agrees with the eva- luation but it does mean that the employee has had an opportunity to discuss the evaluation with his/her eva- luator. 8. The employee will be given a copy of his/her completed evaluation form at the time form is signed by the employee. (Confirmation of final version to be received later.) 9. Any rating below average or unsatisfactory shall be sup- ported by written documentation received by the employee at the time the incident(s) occured. 10. Nothing shall be added by management to an evaluation after the employee has signed and received a copy of the evaluation without the employees written acknowledgement. Failure to follow the foregoing procedure is subject to the grievance procedure. However, disputes over the actual content or ratings themselves in individual evaluations are not grievable, but may be mediated by_ the Director of Personnel upon request of either the employee or the Department. Prior to being mediated by the Director of Personnel either party may request fact finding to assist in the resolution of the dispute. One (1) fact finder shall be selected by each party to the dispute within ten (10) work days from the initial request for fact finding. The fact finders shall have twenty (20) work days from notice of selection to investigate and render opinions to the Director of Personnel . Section 30 - Mileage . 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 59 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 ($.01 ) for each fifteen cents ($.15) increase or decrease in the base price for gasoline which shall be defined as the average price of gasoline per gallon for July, 1979 as published in the Energy Report. Any such rate increase or decrease shall be effective the first of the month following publication of the index. The above formula rates include price increases reported since July, 1979. The mileage rate increase or decrease based on the Energy Report shall be contingent upon the continued availability of the official monthly Energy Report in its present form and calculated on the same basis unless otherwise agreed upon by the parties. Section 31 - Pay Warrant Errors If an employee receives a pay warrant which has an error in the amount of com- pensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and holidays from the time the Department is made aware of and verifies that the pay warrant is in error. Pay errors in employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for. the six (6) month period 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. When the County notifies an employee of an overpayment and proposed repayment schedule and the employee wishes to meet with the County, a meeting will be held at which time a repayment schedule shall be determined. If requested by the employee, a Union representative may be present at a meeting with management to discuss a repayment schedule in the case of overpayments to the employee. Section 32 - Flexible Staffing Certain positions may be designated by the Personnel Director as flexibly staffed positions. Positions are generally allocated at the first level of the job series when vacated. When the position is next filled and an incumbent of one of these positions meets the minimum qualifications for the next higher level and has met appropriate competitive requirements he or she may then be promoted to the next higher classification within the job series without need of a classification study. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents 60 needed to promote an employee on the first of the month when eligible, said appointment shall be made retroactive to the first of the month when eligible. An employee who is denied a promotion to a flexibly staffed position may appeal such denial to the Merit Board. Section 33 - Provisional Appointment Whenever an appointing authority makes a request for personnel to fill a posi- tion in a class for which no reemployment or employment list is available, or in a class for which no eligible or insufficient eligibles to complete the cer- tification will accept appointment to the position, the Director of Personnel may authorize the appointing authority to appoint any person who possesses the minimum qualifications for the class as set forth in the class specifications, provided that the names of eligibles available and the names of persons who have indicated the intention to take the next examination for the class shall be referred to the appointing authority at the time authorization is issued. In no case shall a permanent position be filled by a provisional appointment for a period exceeding six (6) calendar months except under the following conditions: 1 . If an examination has been announced for the class and recruitment of applicants is in process, the Director of Personnel may authorize a continuation of provisional appointments until an eli- gible list is established. 2. In case of a provisional appointment to a permanent position vacated by a leave of absence, such provisional appointment may be continued for the duration of said leave. A provisional appointment shall be terminated within thirty (30) days after the date of certification of eligibles from an appropriate eligible list. All decisions of the Director of Personnel relative .to provisional appointments are final and not subject to the grievance procedure. Before filling a position by a provisional appointment, the appointing authority shall post notice and shall consider current qualified employees for the appointment. Only if there are insufficient internal applicants to constitute a full certification may the appointing authority consider applicants from outside County service. Section 34 - Personnel Files An employee shall have the right to inspect and review any official record(s) relating to his or her performance as an employee or to a grievance concerning the employee which is kept or maintained by the County in the employee's personnel file in the Personnel Department or in the employee's personnel file in their Department. The contents of such records shall be made available to the employee for inspection and review at reasonable intervals during the 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 employees' personnel file about which he or 61 she disagrees. Such response shall become a permanent part of the employee's personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee's official personnel file. This section does not apply to the records of an employee relating to the investigation of a possible criminal offense, medical records and information or letters of reference. All documents pertaining to disciplinary actions shall be placed in the employee's official personnel file within 5 work days after the time management becomes aware of the incident and has completed its investigation as to whether the employee is culpable and shall be date stamped or dated at time of entry. This section is not intended to include supervisor's notes or reminders of specific incidents or ongoing reports such as attendance records. Generally, such investigations should be completed within thirty (30) calendar days of the date management becomes aware of the incident(s) , it being understood that under certain circumstances such as the unavailability of witnesses or the possibility of a criminal act having been committed may cause the investigation to take longer than the aforementioned thirty (30) days. Copies of written reprimands or memoranda pertaining to an employee's unsatis- factory 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, in which case an appeal of the letters of reprimand may be considered at the same time as the appeal of the discipli- nary action. Prior to being submitted to Step 3 of the grievance procedure, either party may request fact finding to assist in the resolution of the dispute. One (1 ) fact finder shall be selected by each party to the dispute within ten (10) work days from the initial request for fact finding. The fact finder shall have twenty (20) work days from notice of selection to investigate and render opinions to the Director of Personnel . Copies of letters of commendation which are to be placed in the employee's per- sonnel 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 departments. In a case involving a grievance or disciplinary action, the employee's designated representative may also review his/her person- nel file with specific written authorization from the employee. The County shall supply the Union with lists of official personnel files and locations. Derogatory material in an employee's personnel file (such as warning letters) over two years old will not be used in a subsequent disciplinary action unless directly related to the action upon which the discipline is taken. Derogatory material does not include prior suspensions, demotions or dismissals for cause. 62 Section 35 - 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 36 - Reimbursement for Meal Expenses Employees shall be reimbursed for meal expenses under the following circumstan- ces and in the amount specified: A. When the employee is required by his/her Department Head to attend a meeting concerning County business or County affairs. B. When the employee is required to be out of his/her regular or nor- mal work area during a meal hour because of a particular work assignment. C. When the employee is required to stay over to attend consecutive or continuing afternoon and night sessions of a board or commission. D. When the employee is required to incur expenses as host for offi- cial guests of the County, work as members of examining boards , official visitors, and speakers or honored guests at banquets or other official functions. E. When the employee is required to work three or more hours of overtime; in this case he or she may be reimbursed in accordance with the Administrative Bulletin on Expense Reimbursement. Meal costs will be reimbursed only when eaten away from home or away from the facility in the case of employees at twenty-four (24) hour institutions. Section 37 - Detention Facility Meals The charge for a meal purchased in a detention facility by employees represented by Local No. 1 is one dollar ($1 .00) per meal . Employees assigned to a deten- tion facility are not, however, required to purchase a meal . Section 38 - Compensation for Loss or Damage to Personal Property The loss or damage to personal property of employees is subject to reimbursement under the following conditions: A. The loss or damage must result from an event which is not normally encountered or anticipated on the job and which is not subject to the control of the employee. B. Ordinary wear and tear of personal property used on the job is not compensated. C. Employee tools or equipment provided without the express approval of the Department Head and automobiles are excluded from reimbur- sement. D. The loss or damage must have occurred in the line of duty. E. The loss or damage was not a result of negligence or lack of proper care by the employee. 63 F. The personal property was necessarily worn or carried by the employee in order to adequately fulfill the duties and requirements of the job. G. The loss or damage to employees eyeglasses, dentures or other prosthetic devices did not occur simultaneously with a job con- nected injury covered by workers' compensation. H. The amount of reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of loss or damage but not more than the original cost. I . The burden of proof of loss rests with the employee. J Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or Damage to Personal Property. Section 39 - Unfair Labor Practice Either the County or the Union may file an unfair labor practice as defined in Board of Supervisor's Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties, may be heard and decided by a mutually agreed upon impartial third party. Section 40 - Harassment Harassment is any treatment of an employee which has the purpose or effect of affecting employment decisions concerning an individual , or unreasonably inter- fering with an individual 's work performance, or creating an intimidating and hostile working environment. Such conduct includes but is not limited to unwelcome sexual advances, requests for sexual favors, and other verbal , or phy- sical conduct of a sexual nature; arbitrary or capricious changes of assign- ments, or display of a hostile attitude toward an employee by a Supervisor which is not justified or necessary in the proper supervision of the work of the employee. Section 41 - Length of Service Definition (for service awards and vacation accruals) The length of service credits of each employee of the County shall date from the beginning. of the last period of continuous County employment (including temporary, provisional , and permanent status, and absences on approved leave of absence) . When an employee separates from a permanent position in good standing and within two (2) years is reemployed in a permanent County position, or is reemployed in a permanent County position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The Personnel Director shall determine these matters based on the employee status records in his department. 64 Section 42 - 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 fifty (50) percent of full time. If the employee works at least fifty (50) percent of full time, County retirement participation is also included. Section 43 - Permanent Intermittent Employee Benefits Permanent intermittent employees are eligible for prorated vacation and sick leave benefits. Section 44 - Permanent Intermittent Employees Health Plan A permanent intermittent employee represented by Contra Costa County Employees Association, Local Number 1 may participate in the County Group Health Plan if combined medical , dental and life insurance coverage is wholly at the employee's expense but at the group insurance rate. The County will not contribute to the employee's monthly premium. The employee will be responsible for paying the monthly primium 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 45 - 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 but at the group insurance rate, 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 46 - Hazard Pay Differential for Health Services Employees Any employee assigned to a position which 1 ) involves some number of work hours assigned to I Ward, E Ward, J Ward, Hospital Emergency Room, Hospital Reception Center, Main Detention Facility, Richmond Psychiatric Emergency Room, or Conservatorship Program or 2) which requires continous direct contact with patients having ,a contagious disease or 3) any other employee whom the Board of Supervisors may by resolution authorize, shall receive per hour worked a premium of five (5) percent of the hourly equivalent of his/her base rate in addition to his/her regular compensation and in addition to the shift differential provided for in this Memorandum of Understanding where he/she meets the requirements of both Section 10 and this Section. 65 Section 47 - Lunch Period It is the position of the Health Services Department that personnel who work an eight and one-half (8-1/2) hour day are on their own time during their lunch period. Personnel who work an eight (8) hour day are to be considered on call . Section 48 - Rest Breaks Employees shall be entitled to a rest break for each four (4) hours of work. Scheduling. of rest breaks shall be determined by management. Section 49 - Health Examination Employees of the County who work in a Health Services Department facility will annually be required to complete a Health Questionnaire and take a Tuberculosis Skin Test. In the event that an employee had a positive reaction to a tuber- culosis skin test, said employee will be requested to show proof of having had two (2) negative chest x-rays at least one year apart. Employees will also be requested to be screened for Rubella immunity. If the result of the Rubella test is negative, the appointing authority or designee will recommend that the employee become immunized. If the employee has direct patient contact and refuses to become immunized, an attempt will be made to relocate the employee to a non-patient care area if possible. Section 50 - Dependent Care A. Dependent Care Information & Referral Service On or about March 1, 1988 the County will administer an "Information & Referral Service" through the Contra Costa Child Care Council for the duration of this Memorandum of Understanding. B. Dependent Care Salary Contribution Effective the first pay period in August 1988, subject to the applicable provisions of the Internal Revenue _ Service, employees may contribute up to $5,000 each calendar year from their salaries for approved 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. 66 t Section 51 - Adoption The provisions of this Memorandum of Understanding shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary,* shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. Section 52 - Scope Agreement and Separability of Provision 52.1 Scope of Agreement. Except as otherwise specifically provided herein, this Memorandum of Understanding fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. 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. 52.2 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. 52.3 Personnel Management Regulations. Where a specific provision con- tained in a section of this Memorandum of Understanding conflicts with a speci- fic provision contained in a section of the Personnel Management Regulations, the provision of this Memorandum of Understanding shall prevail . Those provi- sions of the Personnel Management Regulations within the scope of representation which are not in conflict with the provisions of this Memorandum of 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. 52.4 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 53 - Fair Labor Standards Act Provisions The Fair Labor Standards Act, as amended, may govern certain terms and con- ditions of the employment of employees covered by this Memorandum of Understanding. It is anticipated that compliance with the Act may require changes in . some of the County policies and practices currently in effect or agreed upon. If it is determined by the County that 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 67 changed to conform with the Fair Labor Standards Act, such terms and conditions of employment shall not be controlled by this Memorandum of Understanding but shall be subject to modification by the.- County to conform to the federal law, without further meeting and conferring. The County shall notify the Union (employee organizations) and will meet and confer with said organization regarding the implementation of such modifications. Section 54 - 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, 1989, the Union may claim a violation of a past practice. If the Union can demonstrate that such past practice exists by virtue of having been acknowledged and agreed to by Management and representatives of the Union or by employees represented by the Union 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. Section 55 - Unit Items Specific working conditions for the various units represented by the Union are listed in Attachments 55.1 through 55.11 . Execution Date: Qell CONTRA COSTA COUNTY CONTRA COSTA COUNTY EMPLOYEES ASSOCIATION, LOCAL NO. 1 B y g y - C��-� By / By 68 55.1 Agriculture - Animal Control Unit. Agricultural Personnel A. The Agriculture Department -will consider the residence location of employees in the classes of Weed and Vertebrate Pest Control Inspector when a transfer of employees in these classifications is required. B. The Safety Committee for the Department of Agriculture will remain in effect and will continue to be constituted as follows: One (1 ) Agricultural Biologist and one (1 ) Weed and Vertebrate Pest Control Inspector and appropriate management representatives. C. Permanent employees in the classifications of Agricultural Biologist II and Agricultural Biologist III who possess a valid certificate as a Deputy Agricultural Commissioner shall receive a salary differential of two and one half (2 1/2%) of base pay. Weights and Measures Division of the Department of Agriculture A. The Safety Committee shall consist of one (1 ) Weights and Measures Inspector and appropriate management representatives. B. As circumstances dictate, these committees may meet jointly to discuss safety problems of mutual interest. C. Permanent employees in the classification of Weights & Measures Inspector II and Weights & Measures Inspector III possessing. a valid certificate as a Deputy Sealter of Weights and Measures, shall receive a salary_ differential of two and one-half percent (2 1/2%) of base pay. Animal Services Personnel A. Letters of commendation received by the Department shall be placed in the individual Animal Control Officer's and Animal Control Center Attendant's files. B. The County agrees to continue to pay each Animal Control Officer employed by the County prior to August 1 , 1975 a flat monthly fee of sixty-five dollars ($65.00) . The above fee shall not apply nor be paid to Animal Control Officers who shall continue to use a departmental pickup vehicle for purposes of regularly assigned "on-call". work. When an Animal Control Officer, who is receiving the above- specified flat monthly fee of sixty-five dollars ($65.00) is assigned to "on-call" work is allowed to use a departmental pickup 69 vehicle for commuting purposes, either on a regular or part-time relief basis (e.g. vacations and/or sick leave) , the sixty-five dollar ($65.00) fee shall be eliminated if such assignment is for a full month or reduced on the basis of fifteen dollars ($15.00) for each full workweek said employee is allowed to utilize the depart- mental pickup vehicle for commuting purposes. The provision of this section dealing with fee payment does not and will not apply to any Animal Control Officer hired on or after August 1 , 1975. C. The monthly uniform allowance for employees in the classification of Animal Control Officer shall be twenty-nine dollars and fifty cents ($29.50) . If an increase in the uniform allowance is subsequently approved for Deputy Sheriff's, Animal Control Officers shall receive an increase equal to that received by Deputy Sheriff's. Effective January 1 , 1988, an additional three dollars ($3.00) will be added to the above uniform allowance ($29.50) . The Animal Services Department agrees to allow Animal Control Officers to wear green denim trousers while in field assignments, provided that each officer has a pair of green. dress trousers available to wear when required by the department. Uniforms must be maintained at a standard acceptable to the department. Animal Control Center Attendants shall be provided with raingear of the same quality as that provided Animal Control Officers. The Animal Services Department agrees to reimburse employees in the classes of Animal Services Attendant and Technician for the purchase of three (3) pair of green or blue denim trousers up to forty-five dollars ($45.00) per employee per year. If an increase in reimbursement is subsequently approved for Deputy Sheriff's, Attendants and Technicians they shall receive an increase to sixty dollars ($60.00) per employee per year. D. The Safety Committee for the Department of Animal Services will remain in effect and will continue to be constituted as follows: One (1 ) Animal Control Officer and one (1 )_ Animal Center Technician and appropriate management representatives. E. The Animal Services Department has instituted a one-half (1/2) hour lunch period for all employees in the classification of Animal Control Center Attendant. Management will determine the time of the lunch period and the starting and quitting times for each employee. Crucial to the continuance of the one-half . (1/2) hour lunch period will be the impact on service to the public. F. The Animal Services Department agrees to continue the current policy of allowing Animal Control Officers and Kennel personnel to sign-up for shifts on the basis of seniority. 70 G. The Animal Services Department intends to continue the current 4/10 work schedule for the duration of this Memorandum of Understanding. Both the County and the Union understand that continuation of the 4/10 work schedule during the term of this Memorandum of Understanding is contingent on adequate funding and retention of sufficient non-probationary personnel to insure adequate service levels. The determination of adequate funding, staffing and service levels is the sole prerogative of the Department, except to the extent required by law to meet and confer on the impact of staffing levels. The County agrees to notify the Union and to meet and confer if the 4/10 schedule is to be terminated. 55.2 Attendant-LVN-Aide Unit. A. Employees in this unit who are employed at the Merrithew Memorial Hospital who are required to work on Thanksgiving, Christmas or New Year will be provided a meal in the Hospital Cafeteria at no cost to the employee. This provision only applies to employees working on the day the holiday actually falls. To the extent possible, each full-time and part-time employee in this unit at Merrithew Memorial Hospital shall not be required to work one of the following holidays each year: Thanksgiving, Christmas , New Year's Day. B. Employees in this unit working at -the Merrithew Memorial Hospital who, at the County's request, work two contiguous shifts (sixteen (16) continuous hours) shall be provided a meal in the Hospital Cafeteria at no cost to the employee. C. A ten (10) percent base pay salary differential shall be paid for those shifts on which employees in this and/or other Local #1 bargaining units are specifically assigned by the administration to respond to emergency "stat-calls" if said employees do not qualify for other hazard assignment differential . A five (5) percent base pay salary differential shall be paid for those shifts in which employees are specifically assigned to respond to emergency "stat-calls" if said employees qualify for other hazard assignment differential , said five. (5) percent to be in addition to the "hazard pay differential ." It is further understood that acceptance of the assignment to "stat-calls" for those employees hired prior to April 1 , 1979 shall be voluntary, provided, however, if insufficient employees volunteer for the "stat-calls" assignment or additional employees are required on a particular shift, nursing administration shall select employees under their supervision judged to be qualified to handle such assignments because of prior experience and training. All Hospital Attendants, Psychiatric Technicians and Licensed Vocational Nurses hired on April 1 , 1979 or thereafter will be advised that they may be required to handle "stat-calls" and if required will receive training for such assignments. It is the 71 intention of administration to assign employees to "stat-calls" on a continuing volunteer basis. Employees may request that they be removed from the "stat-calls" assignment by submitting a request in writing stating the reasons for such request. The administration may remove employees from' the "stat-calls" assignment where it is demonstrated they are no longer capable of handling such assign- ments. D. The County recognizes the continuation of an advisory Professional Standards Committee comprised of Licensed Vocational Nurses, Psyciatric Technicians and Hospital Attendants employed in the Health Services Department. Such a committee shall develop and communicate recommendations only to the Associate Hospital Executive Director-Patient Care and Hospital Administration. The Professional Standards Committee shall schedule one (1 ) regular meeting at a mutually agreeable time and place during the day shift working hours and the Health Services Department agrees to release a total of six (6) employees; three (3) Licensed. Vocational Nurses, one (1 ) Surgical Technician and one (1 ) Psyciatric Technician and one (1 ) Hospital Attendant for a period not to exceed two (2) hours excluding travel time for any one member to attend such meeting. Such Committee members and their alternates shall be selected by Local No. 1 . Numerical membership on the Professional Standards Committee shall be such so as to preclude disruption of work acti- vities of any particular work area and shall include at least one representative from the outpatient clinics. Upon two (2) weeks notice, the Committee may request, with approval of the Hospital Executive Director, that other personnel attend the monthly meetings, provided that such personnel are furnished with the reasons they have been invited and a written agenda for. the meeting they have been asked to attend. E. Licensed Vocational Nurses and Psychiatric Technicians assigned to work in the detention facility shall receive in addition to their base pay a differential of 5% of base pay as premium compensation for this assignment. F. In the event Nursing Administration desires to change the shift rotation system currently in effect for.Licensed Vocational Nurses or Psychiatric Technicians on the 3:00 p.m. to 11 :00 p.m. shift and the 11 :00 p.m. to 7:00 a.m. shift for employees in this unit, the Union will be notified and given the opportunity to meet and confer on such .changes prior to the implementation of a new system. G. The Health Services Department shall continue to schedule Licensed Vocational Nurses, Psychiatric Technicians and Hospital Attendants with every other weekend off. H. Permanent intermittent Licensed Vocational Nurses and Psychiatric Technicians shall be paid a differential of seven and one-half (7-1/2) percent of their base pay. 72 I . Permanent intermittent Hospital Attendants, Licensed Vocational Nurses and Psychiatric Technicians who are required to, work on a holiday shall be paid time and one-half for hours worked. J. At the County's request, if an employee in this unit works on all or parts of two contiguous shifts (more than eight (8) continuous hours) which is outside the employees regular work schedule and the first eight (8) hours fall on one day and the additional hours fall on the following day, the employee shall be paid a differential of one-half (1/2) the employees base salary rate in addition to the employees. base salary rate for the hours worked in excess of eight (8) hours. K. Each regular full-time Licensed Vocational Nurse and Psychiatric Technician with one or more years of County service shall be entitled to five (5) days leave with pay each year to attend accre- dited continuing education courses, institutions, workshops, or classes. Full time Surgical Technicians wi11 be entitled to twelve (12) hours per year for the same purpose. Written requests for such leave must be submitted in advance and may be approved by the appropriate supervisor only in the event such leave does not inter- fere with staffing. The leave is accumulated from year-to-year if; 1 ) it is applied for and denied, 2) it is applied for this year for a course next year, and 3) if it is applied for to anticipate taking a specific course of more than five days duration. The maximum leave available in any fiscal year may not exceed twice what may be accrued in any one fiscal year. The leave hereinabove defined shall not apply to those courses or programs the nurse is required by the County to attend. A Licensed Vocational Nurse or Psychiatric Technician assigned to the night shift who attends a continuing education course of eight (8) hours duration outside his/her scheduled worktime, may receive educational leave pay for the actual course time and may be excused from the. night shift immediately preceding or following the course attended. L. A fully certified Licensed Vocational Nurse or Psychiatric Technician who, at the Countys' request, is placed in "charge" of a ward for an eight (8) hour shift shall receive an additional five dollars ($5.00) per shift. M. The following procedures shall apply to employees in the class of Licensed Vocational Nurse, Psychiatric Technician and Hospital Attendant employed at Merrithew Memorial Hospital who become ill prior to a scheduled work shift and supercedes Section 14.4 of this Memorandum of Understanding. 1 . Employees are required to notify the Nursing Office at least two (2) hours prior to the commencement of the evening or night shift or one (1 ) hour prior to the day shift if they are calling in sick or requesting unplanned 73 time off. Notification shall include the reasons and possible duration of the absence. The Nursing Office Supervisor on duty may allow less notice if circumstances justify doing so but in no case will less than 30 minutes advance notice be considered adequate. 2. Employees returning from sick .leave or emergency leave of any kind must give two (2) hours prior notice unless it was clearly understood at the outset of the leave when the employee planned to return. 3. Employees calling in sick, asking for emergency time off or calling in to say they will be late, must call the Nursing Office directly and not their ward area to advise of their intentions. 4. Employees who do not give the Nursing Office the required notice of their intent not to come to work as scheduled shall be coded as absent without pay for payroll purposes unless they provide a reason which is satisfactory to the Nursing Office. Infrequent absences with justification shall normally later be charged to sick leave. N. The following vacation accruals shall be effective October 1 , 1981 for employees in the Attendant LVN-Aide Unit and other accruals listed in Section 13.2 shall not apply. Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 15 years 10 240 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 All unit members at Merrithew Memorial Hospital and Clinics shall submit vacation requests at least seventy five (75) days in advance of the first day requested. The Department shall reply to such requests within thirty (30) days after receipt, and shall , throughout the year, post at least thirty (30) days in advance a schedule of vacations covering the next sixty (60) day period. If staffing and patient care requirements do not permit all employees requesting a certain vacation preference to take their vacations over the same period, length of service with the County shall be the determining factor within each work area. Exceptions may be made to avoid undue hardships to less senior employees. At the written request of an employee, vacation may be taken in daily segments. A request for vacation shall not be unreasonably denied because of the season of the year. 0. As soon as possible following the execution of this Memorandum of Understanding the parties agree to meet and confer on a call-off provi- sion for employees in this unit. 74 55.3 Building Trades Unit. A. The County shall continue to supply employees in the Building Trades Unit with specific tools which shall be maintained and secured on County premises.- No tools other than those supplied by the County may be used except upon prior authorization of the County. B. The County shall pay each employee in the Building Trades Unit a reimbursement of twenty dollars ($20.00) per month, such to defray the cost of supplying and cleaning clothing worn in the performance of regular duties. C. Employees in the unit assigned to work in the County Detention Facility shall receive in addition to their base pay a differential of five (5) percent of base pay as premium compensation for this assignment. 75 55.4 Deputy Public Defenders Unit A. The Professional Advisory Committee shall be continued. Said committee shall be composed of not more than two employee representatives appointed by the Public Defenders Unit of Local No. 1 and two department representatives and shall meet at the, mutual convenience of the parties once every two (2) months. B. In . lieu of the overtime provisions and the compensatory time off provisions of this Memorandum of Understanding, the Deputy Public Defenders shall be entitled to the following: 1 . On January 1 of each year employees in the classes of Deputy Public Defender I , II , III , and IV will be credited with five (5) days of paid personal leave to recognize with unavaila- bility of overtime payments and compensatory time off for Deputy Public Defenders. Said five (5) days must be used during the calendar year in which credited and may not be carried forward. This paid personal leave is separate from paid vacation and will be accounted for accordingly. Upon separation from County ser- vice, there shall be no payoff for unused per- sonal leave credits. 2. On July 1 of each year employees in the classes of Deputy Public Defender I , II , III and IV will earn compensatory time off on the basis of o,ne (1 ) hour of compensatory time off for each hour of overtime worked to a maximum of forty (40) hours. With respect to earned compensatory time off on the basis of one (1 ) hour of compensatory time off for each hour of overtime worked to a maximum of forty (40) hours, the Public Defender will administer the program as follows: Compensatory time off earned for overtime worked- between July lst and November 30th will be cre- dited in a single lump sum, up to forty (40) hours on December lst and the use of this com- pensatory time off shall be taken between the period December lst and the following November 30th. Employees on leave of absence during the period July lst and November 30th, will be delayed in receiving their compensatory time off credit one month for each month on leave of absence. Paid personal leave credits and usage are not affected by the above, 76 C. The Public Defender's Office agrees to_ continue the current leave policy for Deputy Public Defenders. D. The Public Defender's Department agrees to continue the current Miranda Watch provisions that provide for one day of compensatory time for each week of Miranda Watch as set forth in the agreement between the County and the Union dated February 19, 1980. E. The County shall reimburse each Deputy Public Defender up to a maximum of $500.00 each fiscal year for the following types of expenses: 1 . Bar membershp dues 2. Membership dues in legal , professional associations 3. Purchase of legal publications 4. Training and travel costs for educational courses related to the duties of a Deputy Public Defender Any unused accrual may be carried forward to the next fiscal year up to $1000.00. The Training Reimbursement provision contained in Section 26 of this Memorandum of Understanding shall not apply to employees in the Deputy Public Defenders Unit. F. The current vacation schedule listed below shall be maintained for Deputy Public Defenders' Grades I , II , III , IV. Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 15 years 10 240 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 G. Effective_ November 1 , 1984, Agency Shop provisions, as- cited in Section 2.2 of the Memorandum of Understanding between Local No. 1 and the County become operative. 55.5 Engineering Unit. A. The Public Works Department will continue a one-half (1/2) hour lunch period for all employees in the classification of Junior Drafter and Senior Drafter. Management will determine the time of the lunch period and the starting and quitting times for each employee. Crucial to the continuance of the one-half (1/2) hour lunch period will be the impact on service to the public. The existing system of one-half (1/2). hour lunch periods in the Assessor's Department will be continued. 77 B. Employees in the classifications of Grading Technicians and Senior Grading Technicians shall be reimbursed for the actual cost of raingear up to a maximum of Thirty-Five Dollars ($35.00) C. The Public Works Department and the Assessors Office shall continue a flexible forty (40) hour work week for Junior Drafter and Senior Drafter. 55.6 General Services and Maintenance Unit. A. General : All existing departments safety awards. shall continue for the duration of this Memorandum of Understanding. B. Field Personnel . 1 . The County will provide coveralls or overalls to each employee assigned to the paint crew and bridge crew in the Public Works Maintenance Division of the Public Works Department and will launder such clothing on a regular basis. The employees will be required to select either coveralls or overalls; this choice shall be considered a permanent selection. Coveralls shall be provided for the employee assigned to and operating the gradeall . 2. The Safety Committee of the Public Works Department, as previously referenced in a Departmental Memorandum of Understanding, shall continue for the duration of this agreement. 3. The employee assigned to and operating the gradeall fifty (50) percent or more of his/her regular scheduled work hours in a calendar month shall receive a two and one-half (2-1/2) percent differential on base pay for that calendar month. 4. Laborers participating in the Public Works Department Equipment Operator I training program and who are employed as Laborers prior to July 1 , 1977 will be paid mileage allowance in accordance with the existing County policy such miles driven each day which exceed by ten (10) miles the miles driven between their residence and the location they worked immediately prior to entering said training program. It is understood that this agreement was made to take into account the very specialized nature of the aforementioned training program and should not in any way be considered as setting a precedent with regards to the County mileage policy. 5. The Public Works Department agrees to offer Defensive Driver Training to employees on road maintenance crews. 6. The General Services Department will meet and confer with the Union if it intends to increase the work test crews beyond nine (9) members. 78 C. Shop Personnel . 1 . The County has prepared and presented to each Equipment Mechanic a list of those tools required by the County to perform his/her duties-. - Recognizing that mechanics prefer certain types of tools over other types and that the nature of hand tools change or are modified from time to time, this list was a general one and not intended to be all inclusive. The County indicated the tools it will supply and will review said list periodically. 2. Employees in the classes of Equipment Mechanic, Combination Welder, Apprentice Mechanic, Equipment Services Worker and Garage Attendant will have the choice of the County providing coveralls or pants and shirt. The employees will be required to select either coveralls or pants and shirt; this choice shall be considered a per- manent selection. 3. Employees referenced in C.(2) above shall be provided with additional uniforms so as to enable the employee to have a clean uniform each day. D. Building Maintenance & Miscellaneous Employees 1 . Union Stewards in the Building Maintenance Division shall be relieved from their assigned work duties by their supervisors within twenty-four (24) hours (excluding Saturdays, Sundays, and holidays) upon receipt of a request by an employee in that division to investigate and/or process a grievance initiated by said employee. 2. The Building Maintenance Division of the General Services Department will continue the seven day per week main- tenance coverage of County facilities by Operating Engineers. 3. Custodians in the Probation Department specifically assigned responsbility in writing for providing work training to assigned juveniles shall receive in addition to their base pay a differential of five (5) percent of base pay as premium compensation for this additional responsibility. Such differential to be computed on the basis of hours actually spent in directing juveniles in work training. 4. The vacation scheduling procedure for Custodians I and II in the Buildings and Grounds Division of the General Services Department shall be as follows: All employees, in order of seniority, with the Buildings and Grounds Division of the General Services Department 79 shall be afforded the opportunity to indicate their pre- ference of vacation dates for their vacation entitlement by area. If an employee wishes to split his/her vacation entitlement and schedule a portion of his/her vacation at another time, he/ she shall be afforded a second oppor- tunity to exercise his/her seniority in scheduling each second choice after all other employee's vacations have been scheduled. For example: If an employee has a vacation entitlement of four (4r-weeks and wishes to take two (2) of those weeks in July, his/her preference for the specific dates in July would be reviewed, by the department in accordance with his/her seniority. Once the first choice of vacation dates for this employee and all other employees have been reviewed by the department and scheduled by area in accor- dance with seniority, the employee may indicate his/her preference of vacation dates for the remaining two (2) weeks of his/her vacation entitlement which again will be reviewed and scheduled by area by the department in accor- dance with his/her schedule. 5. Cooks, Lead Cooks and Operating Engineers assigned to the County's Main Detention Facility or the Marsh Creek Detention Facility effective June 1 , 1988, shall receive in addition to their base pay, a differential of five (5) percent of base pay as premium compensation for this assignment. 6. Custodians assigned to the County's Main Detention Facility or Marsh Creek Detention Facility effective June 1 , 1988 and who are required to work in inmate modules shall receive in addition to their base pay a differential of five (5) percent of base pay as premium compensation for this assignment. 7. The Building Maintenance Division of the General Services Department shall continue the safety committee of no less than two (2) employees selected . by Contra Costa County Employees Association, Local No. 1 in the classes of Window Washer and Lead Window Washer to discuss various safety problems. This committee shall meet not less than once every three (3) months nor more than once a month upon request of the employees. E. Communications. 1 . Communications Technicians, Senior Communication Technicians and Electronic Technicians shall receive five (5) percent hazard pay for each month in which they are assigned to climb high towers. 80 2. The Communications Division Safety Committee shall be con- tinued. Said Committee shall consist of two Communications Division employees selected by the Union. Said Committee shall meet quarterly with the Communications Services Manager and the Departmental Safety Coordinator. Said meetings shall not exceed one hour in duration except by mutual agreement of the par- ties. F. Sheriff's Personnel . 1 . The County shall continue to pay twenty-five dollars ($25.00) per month uniform allowance for employees in the Sheriff's Department who are required to wear a uniform in the performance of their duty in the following classifica- tions: Sheriff's Dispatcher, Senior Sheriff's Dispatcher, Sheriff' s Services Assistant I , Sheriff's Services Assistant II and Storekeeper. 2. Sheriff's Dispatchers and Senior Sheriff's Dispatchers shall be given the opportunity to meet periodically with the Sheriff's Departmental Safety Officer to discuss various safety matters. 3. The letter of understanding dated August 17, 1976 between the Union and the Sheriff' s Department concerning the shift schedule and time off for vacation for Sheriff's Dispatcher and Senior Sheriff's Dispatcher is attached to this Memorandum of Understanding as attachment B and made a part thereof. 4. The Sheriff's Department agrees to continue the present practice of having Dispatchers work a straight 8 hour shift with a paid lunch period with the understanding that employees are subject to being interrupted while eating lunch and may be required to resume work if the need ari- ses and that no minimum lunch break (in minutes) can be guaranteed. If management wishes to change this arrange- ment it will meet and confer with the Union before so doing. 5. The existing Side Letter of Agreement between the Sheriff's Department and Local No. 1 relative to the transfer policy shall be continued for the duration of this Memorandum of Understanding provided, however, that if the Department wishes to initiate any changes, they will meet and confer before so doing. 6. A Sheriff Dispatcher designated as Training Officer shall receive a monthly salary differential of fifty dollars ($50.00) . Designation of said Training Officer shall be the sole preogative of the Sheriff's Department. 81 7. On a trial basis of six (6) months following the execution of this Memorandum of Understanding employees shall be given copies of any incident report forwarded from their supervisor to the next level in any department file. During this same period- of time the corrective counselling system will continue to apply to employees in the com- municiations and Sheriff's Personnel sections of the Field Services and Maintenance Unit. Upon request an employee may have a representative present during a corrective counselling session. At the end of this six (6) month trial period the parties shall meet to discuss their con- cerns about both matters specified above. G. Building Inspectors. 1 . The Building Inspection Department shall reimburse employees in the classifications of Building Inspector I , Building Inspector II , Mechanical Inspector and Electrical Inspector for the actual cost to purchase raingear and coveralls up to a maximum amount of twenty dollars ($20.00) plus sales tax for coveralls and thirty-five dollars ($35.00) plus sales tax for raingear. 2. Building Inspectors assigned by the Building Inspection Department to Housing, Mobile Home and Commercial inspec- tions shall receive a differential of five percent (5%) of base pay for these assignments. These assignments may be rotated at the discretion of the Department Head. H. Central Service. 1 . Local No. 1 will select a spokesperson who is an employee of the County Administrator's Office to bring to the attention of and discuss with the Department Head or his designee at con- venient times any safety problems existing within the depart- ment. 2. The County will provide employees in the class of Driver Clerk "poncho type" rain apparel . The above does not exclude any other employee from bringing to the attention of the management of the County Administrator's office any safety problems that may exist. I . Hospital Workers. 1 . If an employee in this unit, employed at the County Hospital , who at the County's request works on all or part of two contiguous shifts (more than eight (8) continuous hours) which is outside the employees regular work sche- dule and the first eight (8) hours fall on one day and the additional hours fall on the following day, the employee 82 shall be paid a differential of one-half (1/2) the employees base salary rate in addition to the employees base salary rate for the hours worked in excess of eight (8) hours. 2. Employees in this unit working at the Merrithew Memorial Hospital who at the County's request work two contiguous shifts (sixteen (16) continuous hours) shall be provided a meal in the Hospital Cafeteria at no cost to the employee. 3. Employees in this unit who are employed at Merrithew Memorial Hospital and are required to work on Thanksgiving, Christmas or New Years will be provided a meal in the Hospital Cafeteria at no cost to the employee. This provision only applies to employees working on the day the holiday actually falls. 4. Where only one Storeroom Clerk is on duty on a shift at the main Hospital Storeroom on a given day, and the Storeroom cannot be closed for one-half (1/2) hour to per- mit that Storeroom Clerk an unpaid lunch period, the Storeroom Clerk will be scheduled to work a straight eight (8) hour shift with a paid lunch period. 5. The County shall provide pantsuits as an option to employees in the classes of Central Supply Technician, Lead Central Supply Technician, Institutional Services Aide and Institutional Services Worker's who are nor- mally furnished uniforms by the County. 6. The County will provide "poncho type" rain apparel as needed for employees in the Hospital Central Supply and Environmental Service who are required to go outdoors while its raining. J. Library Personnel . 1 . Section 12 of this Memorandum of Understanding regarding holidays is modified for all employees in this - unit assigned to the Library to delete the Day after Thanksgiving as a holiday and to add the Day before Christmas as a holiday. The Libraries will close at 6:00 p.m. on the day before Thanksgiving. 2. The Driver Clerk permanently assigned to drive the Bookmobile shall receive in addition to his/her base pay a differential of five (5) percent of base pay as premium compensation for this assignment. 3. Employees in this unit assigned to the Library who work Saturday shall receive a five (5) percent. differential for all hours worked on Saturday. Said five (5) percent 83 differential shall not apply to any overtime hours worked on Saturday. 4. The Libraries will close at 5:00 p.m. on New Year's Eve. Employees in this unit assigned to work at the Library shall rearrange their work schedules so that they work a full eight (8) hour shift. 55.7 Health Services Unit. A. Public Health Nurses. 1 . The current Public Health Nurse Professional Standards and Practices Committee shall continue for the duration of this Memorandum of Understanding. 2. The Health Services Department agrees to allow Public Health Nurses to take compensatory time off for educa- tional workshops attended on weekends on the basis of one hour off for each hour spent at the workshop, subject to the following limitations: a. All workshops for which compensatory time will be given must receive departmental .approval prior to the PHN attending the workshop. Only Board of Registered Nurses accredited work-shops will receive departmental approval . b. The department will be allowed forty-five (45) working days following the workshop in which to schedule time off for those PHN' s who attended. The scheduled time off may be accrued and does not have to be .taken within forty-five (45) days of the workshop. c. All time off for weekend workshops will be included in the maximum of forty-eight (48) hours per PHN which is currently allowed for attendance at workshops which are held on working weekdays. d. Compenstory time off requested and denied in one fiscal year. may be carried forward into the next- fiscal year. 3. Approved Continuing Education Leave (C.E.) time entitle- ment will be forty-eight (48) hours per fiscal year for the full time, permanent Public Health Nurse. Permanent part-time PHN' s will have their approved C.E. time entitlement prorated on the basis of the number of hours they work in relation to the regular forty (40) hour work week. C.E. time requested and denied may extend into the next fiscal year and would be added to the C.E. time entitle- ment for that fiscal year. 84 Examples. Full time. PHN (40/40) is credited with forty-eight (48) hours C.E. time on July 1 of each year. Part-time PHN (32/4.0) is credited with thirty-eight point four (38.4) hours C.E. time on July 1 of each year. Part-time PHN (24/40) is credited with twenty-eight point eight (28.8) hours C.E. time on July 1 of each year. Half-time PHN (20/40) is credited with twenty-four (24) C.E. time or 2 hours per month, on July 1 of each year. If the hours of a PHN's position are adjusted upward or downward, C.E. hours will be similarly adjusted on a pro- rata basis for the remainder of the fiscal year. 4. A permanent part-time PHN will be eligible to use Continuing Education time on a _weekday for which she is not ordinarily scheduled to work. 5. The pay differential between the classes of Public Health Nurse and Registered Nurse existing on .6/30/85 shall be maintained for the duration of this M.O.U. 6. Public Health Nurses who work in the field shall have a normal workday commencing 8:00 a.m. through 4:30 p.m. with one-half hour lunch break; provided, however, that on the day or days a Public Health Nurse is working in a field clinic which remains open after 4:30 p.m. she shall sche- dule her day to provide an eight (8) hour workday. 7. The deep class resolution for Public Health Nurse shall remain in effect for the duration of this Memorandum of Understanding unless modified by mutual agreement. 8. Management, at its sole discretion, may determine from time to time that involuntary reassignments of Public Health Nurses are required. When such reassignments. are to be made between West and East/Central regions which are to be of less than eight weeks and, more than two weeks, the following procedure should apply. A. Reassignments between regions shall only be among Public Health Nurses assigned to the Public Health Nursing "Division" under. the direction of the Director of Public Health Nursing. B. Volunteers possessing the necessary training or experience will be sought for reassignment with as much advance notice and time to consider the 85 assignment as is possible under the particular circumstances requiring the reassignment. C. If no Public Health Nurse volunteers, the least senior Public Health Nurse in the region from which the reassignment is to be made possessing the necessary training or experience for the specific assignment shall be reassigned. D. The anticipated duties and beginning and ending dates of reassignments, including those of less than two weeks, shall be stated in writing, as will any extension of the reassignment, if necessary, up to a total of eight weeks. Copies of the written reassignment and confirmation will be entered into the employee's departmental personnel file. E. Overtime will be assigned to the Public Health Nurse, if the supervisor determines it is necessary, to complete current work prior to the effective date of the reassignment. F. The Public Health Nurse will be paid mileage for the temporary reassignment commute according to current Health Services Department policy. B. Environmental Health Inspectors. The County shall continue the Professional Standards Committee comprised of Environmental Health Inspectors selected by Local No. 1 and employed in the Health Services Department who may, as a com- mittee, develop and communicate recommendations to the Director of the Environmental Health Division of the Health Service Department. The Professional Standards Committee may schedule only one (1) regular meeting each month during working hours, and the County will release from duty a maximum of two (2) Environmental Health Inspectors for a period not to exceed one (1 ) hour for any Environmental Health Inspectors to attend such meeting. The agenda and minutes of each meeting shall be forwarded to the Director of the Environmental Health Division. It is understood that the Professional Standards Committee is advisory only and the subjects it reviews shall be restricted to those directly related to Environmental Health Inspector's practices. C. Clinical Laboratory Technologist. The Health Services Department shall continue a staggered lunch period system for the Clinical Laboratory Technologist I & II and Senior Clinical Laboratory Technologist classifications in order to ensure uninterrupted lunch periods for these employees. 86 D. Physical , Occupational and Recreational Therapist. 1 . The present Professional Standards Committee for this group of employees will be continued for the duration of the Memorandum of Understanding. 2. The present release time for staff development and flex time work schedule for Therapist in the California Children's Services Program will be continued for the duration of this Memorandum of Understanding. If the County desires to change either of the above it will offer to meet and confer with the Union before doing so. E. Alcohol Rehabilitation Staff. There shall be a Alcoholic Rehabilitation Professional Performance Committee consisting of employees in the Alcoholism Rehabilitation job series. The purpose of the Committee is to meet to consider and discuss patient care and professional practice. It may also formulate advisory recommendations and proposals concerning such matters. The Committee shall not discuss economic matters, such as wages, hours and other economic conditions that may be subject to meet and confer. The Professional Performance Committee may sche- dule one (1 ) regular meeting each month during working hours, pro- vided that such meeting shall not conflict with normal work activities and shall be agreeable to the Alcoholism Program Chief. The Department will release from duty no more than three (3) Alcoholism Rehabilitation Workers for a period not to exceed two (2) hours. Alcoholism Rehabilition Workers released for these meetings shall promptly report meeting and travel time to the Alcoholism Program Chief. The Committee shall prepare written minutes of all Professional Performance Committee meetings; copies of which shall be distri- buted to the Committee members, the Assistant Director of Health Services for Alcoholism Programs and the Alcoholism Program Chief. F. Mental Health Treatment Specialists. 1 . The Deep Class Resolution for Mental Health Treatment Specialist shall remain in effect for the duration of this Memorandum of Understanding unless modified by mutual agreement. The County and Union will continue to meet and confer on proposed changes to the deep class including flagged positions, licensure, training needs, and assign- ment of positions to salary levels. 2. The interim Professional Review Committee for Mental Health Treatment Specialists will be continued for the duration of this Memorandum of Understanding. The County 87 and Union will continue to discuss the composition of the Committee prior to expiration of the M.O.U. 3. The Health Services Department agrees to meet and confer with the Union before contracting out any presently County operated Mental Health Programs employing Mental Health Treatment Specialists. G. Pharmacy. 1 . The County will grant forty (40) hours/year of continuing education leave to licensed Pharmacists who are required by law to complete such coursework as a condition of renewing their license. 2. Where only one licensed Pharmacist is on duty at the Main Hospital Pharmacy on a given day, and the Pharmacy cannot be closed for one-half (1/2) hour to permit that Pharmacist an unpaid lunch period, the Pharmacist will be scheduled to work a straight eight (8) hour shift with a paid lunch period. H. Cardio-Pulmonary. 1 . The Health Services Department will continue the practice of staggered lunch periods to permit one-half (1/2) hour unpaid lunch periods for Respiratory Technicians and Therapists. 2. If the State of California imposes a certification requirement, the County will meet and confer with the Union about formalizing continuing education leave for Respiratory Technicians and Therapists. 3. The County will grant seven and one half (7 1/2) hours/year of continuing education leave to Respiratory Technicians and Respiratory Therapists who are required by law to complete such coursework as a condition of renewing their State Respiratory CAUP Practitioner Certificate, I . Dietitians. 1 . Employees in a classification requiring possession of a Registered Dietitian's Certification shall be granted fif- teen (15) hours/year of continuing education time off to complete the required training. 88 J. The following vacation accruals shall be effective October 1 , 1981 for employees in the Health Services Unit and other accruals. listed in Section 13.2 shall not apply. Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 15 years 10 240 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 K. Employees in this unit who are employed at the Merrithew Memorial Hospital and are required to work on Thanksgiving, Christmas or New Years will be provided a meal in the Hospital Cafeteria at no cost to the employee. This provision only applies to employees working on the day the holiday actually falls. 89 55.8 Investigative Unit. A. The Side Letters of Agreement between the Data Processing Division of the County Administrator's Office and Local No. 1 relative to shift/vacation bidding and the overtime signup system shall be con- tinued for the duration of the Memorandum of Understanding, pro- vided, however, that should management desire to 'change same, they will meet and confer before implementing a change. B. The deep class resolution for Collection Services Officer shall remain in effect for the duration of this Memorandum of Understanding unless modified by mutual agreement. C. The Office of the Public Defender will continue the current policy regarding the use of County cars by Public Defender Investigators. D. The following vacation accruals shall be effective for employees in the Investigative Unit and other accruals listed in Section 13.2 shall not apply. Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 15 years 10 240 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 90 1 55.9 Legal and Court Clerk Unit. A. The Clerk-Recorder's Department will continue a one-half (1/2) hour . lunch period for employees in the class of Legal Clerk. Said one—half (1,/2) hour lunch period shall be optional with the employees. If insufficient personnel adopt the one-half (1/2) hour lunch period so as to make its implementation impractical , this section will not be binding on the Department. The time of the lunch period and the quitting times for each employee shall be determined with the_ mutual agreement of the department and the employees. This altered work schedule may be discontinued at the mutual agreement of the department and the employees. Crucial to the continuance of the one-half (1/2) hour lunch period will be the impact on service to the public. B. The Clerk-Recorder's Office agrees to reactivate the Joint Labor-Management Safety Committee. C. The County Clerk's Office will develop and provide an orientation/ training program for Legal Clerks on activi- ties they need to know before being assigned to go into the courtroom to work as Court Clerks. D. The County Clerk will continue the current practice of closing the office to the public at 4 p.m. E. Effective June 1 , 1988 employees in the classifications of Legal Clerk and Superior Court Clerk who submit VDT Differential Form AK-6 and who subsequently are determined to have met the qualifying criteria listed in Form AK-6 (as authorized by Board Resolution 87/417) shall be eligible to receive a VDT differential of forty dollars ($40.00) per month, effective the first of the following month. In addition, the County agrees to provide an annual- eye examination on County time at County expense in accordance with the following conditions: 1 . Eligible employees in the unit must use video display terminals at least an average of four hours per day as certified by their department, or must have qualified for Word Processing or Video Display Terminal differential . 2. Eligible employees who wish an eye examination under this program should request it through the County Personnel Department, Benefits Division, who will arrange for eye examinations and monitor the results on a County-wide basis. 91 3. Should prescription VDT glasses be prescribed for an employee following an eye examination, the County agrees to provide one pair of VDT glasses to the employee in accordance with specifications required by Vision- Services Inc. 55.10 Library Unit. A. Section 12 of this Memorandum of Understanding regarding holidays is modified for all employees in the classifications of this unit to delete the day after Thanksgiving as a holiday and to add the Day before Christmas as a holiday. The libraries will close at 6:00 p.m. on the day before Thanksgiving. B. The Libraries will close at 5:00 p.m. on New Year's Eve. Employees shall rearrange their work schedules so that they work a full eight (8) hour shift. C. It is the position of the Library Department that employees in classes represented in the Library Unit are on their own time during their lunch period and are not subject to be called back to work during their lunch period. , D. For those Library employees whose day off occurs on a Friday payday, the Library Administration will make every attempt to have their paychecks available at the- Regional and Central Library Office prior to 6:00 p.m. on the Thursday immediately preceding that Friday payday. Representatives of the affected employees shall submit by 12:00 noon on that Thursday to the Supervising Clerk in Library Administration a list of names and work locations of the employees whose day off will occur on the Friday. paydays and who are desirous of picking up their checks on Thursday. E. The Library agrees to continue to explore maximizing two days off in a row for library personnel covered by this Memorandum of Understanding. F. County Library personnel shall get a five (5) percent differential for all scheduled hours worked between 6 p.m. and 9 p.m. G. Employees in the Library Unit, who work Saturday shall receive a five (5) percent differential for all hours worked on such Saturday. Said five (5) percent differential shall not apply to any overtime hours worked on Saturday. N. In the event that Sunday is to become part of the scheduled work week for Library Unit employees, the County agrees to meet and confer with the Union regarding those employees who will be assigned to work Sunday as part of their regularly scheduled work week. I . The County Library Reassignment Policy shall be as follows: 92 V . Definition. A reassignment is the voluntary or involuntary transfer or movement of an employee from one work site to another in the same classification. Reassignment Criteria. Reassignments are made to facilitate the Library System' s service function and efficiency. Library Administration shall make reassignments based on the needs of the branch/system in relation to public service and will consider the following employee factors as they relate to these needs: the employee's job performance and development, the employee's subject/age specialization, the employee's seniority in the classi- fication within the department, the distance between the work site and the employee's residence, and the assignment preferences of the employee as obtained by the procedures outlined below. When circumstances other than seniority appear to Administration to equally or nearly equally meet the system service needs, then seniority shall govern. In no event shall reassignments be utilized for disciplinary purposes. Procedures for Reassignment. Any employee may submit a request for reassignment to Administration at any time. Such requests will be kept on file for the current fiscal year. Announcement of vacancies from resignations or promotions shall be distributed to all geographic work sites for a posting period of five work days. The announcement shall include: (1 ) Classification and total hours of position; (2) Work site; (3) Age- level assignments. During the posting period, the vacancy shall not be filled. Vacancies occurring from transfers (spin-offs) cannot, in the interest of time, always be posted; but when such spin-off trans- fers can be anticipated, Library Administration will notify appropriate employees so that requests for voluntary reassignment from interested employees can be obtained prior to any reassignment decision. Before any decisions necessitating involuntary reassignments are made, Administration will solicit information from employees involved regarding their career development, goals, assignment pre- ferences and their view of branch needs. This information will generally be obtained through employee conferences with Regional Librarians, Age-Level Coordinators, or Assistant County Librarian. Whenever feasible, an employee who is reassigned will be given two weeks notice. Any employee who has been reassigned or any employee who has .requested a vacancy and is not reassigned to that position, may 93 request to meet with Administration to discuss the reasons for the decision. J. The Librarians assigned to work in the County Detention Facility shall receive in addition to his/her base pay a differential of five (5) percent of base pay differential as premium compensation for this assignment. K. The Library Practice Advisory Committee shall continue for the duration of this Memorandum of Understanding. L. The County Library agrees to continue ` the present vacation scheduling policy. Vacations in the Library Department are scheduled by location. Preference of vacation shall be given to employees according to County service at that location, as reasonably as possible. Vacation requests will be submitted by employees for the twelve month period, March 1 to February 28. Preference in choices of dates will be given on the basis of greatest County service of employees submitting vaction requests by March 1 , irrespective of employee organization affiliation. The process shall consist of the employee in the branch (or other work unit assigned) , with most County service making his/her first choice of one continuous block of time, and continuing to the next most senior employee, until each employee, on this first round, shall have been assigned his/her first choice (second or third if more senior employee(s) also requested the dates). This procedure shall be repeated for the second block of time, with the next most senior employee who requested at least two blocks of time, having first choice, from the remaining vacant time slots, and so on, for as many rounds of assignment as there were blocks of vacation time requested. Completed vacation schedule will then be posted in the branch or other work unit. Those employees unable to specify a choice of dates will turn in a vacation request form with no choices indicated. Subsequent requests can then be made, in writing, at least two weeks before the requested vacation time. These requests will be granted on a "first come, first served," basis. Employees may cancel or reschedule their granted vacation dates. These cancellations and requests for rescheduling should be made, in writing, at. least two weeks before the cancelled or rescheduled vacation time. The rescheduling will be granted or denied according to same "first come, first served" basis mentioned above. All cancellations of previously approved vacation dates will be posted on Vacation Schedule, and be available to other employees on the basis of seniority rather than "first come first served." Upon reassignment, employees take their approved vacation dates with them to their new location. M. The Library Department shall make every effort consistent with efficient operations to provide that no employee shall be scheduled 94 to work more than two "after 6:00 p.m." shifts in a calendar week, unless that employee. specifically requests that shift for a spe- cified period of time. No employee shall work more- than half the Saturday shifts within a mutually agreed upon. period of time (two or eight week cycles) , unless that, employee specifically requests that shift for a speci- fied period of time. Thirty-two (32) and twenty (20) hour employees will maintain a four (4) day work week with two (2) days off in a row. Days off for thirty-two (32) and twenty (20) hour employees will be Thursday and Friday or Saturday and Monday, unless employees specifically agree to a variant days-off schedule. Choice of shift assignments at a work site shall be determined by County seniority in class. However, employees who mutually agree to trade shift assignments at a given work site may do so, on a temporary or permanent basis, depending on their mutual agreement. N. Thirty-two (32) hour employees who voluntarily reduced their hours to reduce the impact of layoff shall be treated as forty (40) hour employee's for purposes of a future layoff pursuant to Section 11 .4 of this Memorandum of Understanding. The following vacation accruals shall be effective October 1 , 1981 for employees in the Library Unit and other accruals listed in Section 13.2 shall not apply. Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 15 years 10 240 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 95 55.11 Probation Unit. A. Pursuant to the Departmental Memorandum of October 28, 1974, the Probation Department will continue to receive and consider propo- sals for adjusted hours for employees in the Department subject to the criteria set forth in the aforementioned memorandum. Individual Deputy Probation Officers currently on a "4/10" schedule may remain on said schedule for the duration of the Memorandum of Understanding except when a change to a 5/8 schedule is mutually agreed upon between the employee and their immediate supervisor. However, as positions vacate, the Probation Department reserves the prerogative to change the assignment to a 5/8 work schedule before refilling it. Nothing herein precludes supervisors from recom- mending that vacated 4/10 positions be retained. B. The current reassignment policy for Deputy Probation Officers in the Probation Department which is attached hereto shall remain in effect for the duration of this Memorandum of Understanding unless modified by mutual agreement. C. It is the policy of the Probation Department that all unit super- visors hold personal evaluations and submit a written evaluation to all Deputy Probation Officers whenever such officers transfer from their units. D. The Department Wide Probation Services Advisory Committee shall continue during the term of this Memorandum of Understanding. E. The Probation Department will establish separate subcommittees of the Probation Services Advisory Committee for each of the major juvenile institutions (Juvenile Hall , Boy's Ranch, Girls Center, Pre-Placement) prior to the . expiration of this Memorandum of Understanding on a trial basis. Representation on each such com- mittee will consist of two (2) Group Counsellors selected by the Union together with the manager of the facility. The subcommittee shall meet quarterly at a mutually agreeable time and place, discuss and resolve issues of mutual concern. The subcommittee may refer some problems to the department-wide committee for resolu- tion. F. Without prejudice to the County's position on this matter, there shall be formed a committee consisting of three (3) persons selected by the Union and representatives selected by the appointing authority including a member from the Personnel Department to study possible legal bars to employees in the Probation Officer Classifications being in the safety retirement system including but not limited to age restrictions and insti- tuting two (2) tiers for participants. G. Group Counsellors who are designated as Juvenile Hall transpor- tation officers by the Probation Department shall celebrate 96 Admission Day, Columbus Day and Lincoln's Birthday as holidays in accordance with Section 12.1 of this memorandum of understanding. It is understood that, with advance notice, transportation officers may be required, to work one or more of these holidays at the holi- day rate of pay. 97 ATTACHMENT A Contra Costa County Employees Association Local No. 1 and the County have met and conferred in good faith regarding wages, hours and other terms and con- ditions of employment for employees in project classes which except for the pro- ject designation would be represented by Local No. 1. For example, Accountant II is represented by Local No. 1 therefore it has been agreed that Accountant II-Project will also be represented by Local No. 1. Other Project classes that are not readily identifiable as properly included in bargaining units represented by Local No. 1 shall be assigned to bargaining units in accordance with the provisions of Board of Supervisors Resolution 81/1165 as set forth in Section 2.7 of this Memorandum of Understanding. The Union and the County understand that the meet and confer process with respect to the conditions of employment for project classifications is unique and threfore differs from other regular classes represented by Local No. 1 in the following respects: 1. Project employees are not covered by the Merit System; 2. Project employees may be terminated at any time without regard to the provisions of this Memorandum of Understanding, and without right of appeal or hearing or recourse to the gri"evance procedure specifi.ed herein; 3. Any provision of this Memorandum 'of Understanding which pertains to layoff or seniority are not applicable to project employees. ATTACHMENT Contra Costa County Employees Association, .Local No. 1 Post 'office Box 222 Martinez, California 94553 Attention: Mr. Henry Clarke D--ar Sirs: This letter will confirm the agreement reached concerning the scheduling of Sheriff's Dispatchers.* It is hereby agreed and understood that the shift schedule for employees in the classifications of Sheriff's Dispatcher and Senior Sheriff's Dispatcher as represented by Exhibit A attached hereto shall remain in full force and effect unless modified by mutual agreement; provided, however, that should wergencies arise during this period the County may revise the schedule to meet the needs of the department. Prior to implementation of such schedule, the department shall meet with the Union to advise it of the reasons fo'r such change. In addition to the agreement on shift scheduling, it was agreed that for employees is the classification of Sheriff's Dispatcher and Senior Sheriff's Dispatcher, vacation time shall be taken in full week units, except that individual days off may be granted when there is a full coTplerent of personnel 1 on a particular shift. It is further agreed that up to. three employees may be allowed -totake their vacation- at the same time. `d' If the foregoing conforms to your understanding, please indicate your approval and acceptance in the space provided below. Dated: 7� CONTRA COSTA COUNTY E14PLOYEES CONTRA COSTA COUNTY ASSOCIATION, LOCAL NO. 1 SHERIFF'S DEPARITIENT By By _ 'V lX' r SCHEDULE FOR THRU M T W T F S 5 1. 5. 72-8 O 0 2. 0 •0 3. 0 0 4• 0 0 5. 0 p 6. ' S B-4 0 0 7. 0 0 8. 0 0 9. 0 0 10. 0 0 w 11. 0 0 12. 0 0 13. 0 0 14. S 4-12 0 0 15. 0 ' 0 16. 0 0 17. 0 0 18. 0 0 19. 0 0 20. 0 0 21. 0 0 22. R-1-S D(C D D S S 0 0 23. R-2-S G p p p 0 0 G 24. G D D -0 0 G G 25. S S 0 0 S S S 26. 0 D* D* D* S* S* 0 27. S S S S 0 0 S 28. 0 0 D D D D D 29. S* S* S* S* S* 0 0 30. G G G C G 0 0 31. D* 0 0 D* D* D* D* 32. 0 0 S S S S S 33. D D D D 0 0 D 34. S S 0 0 D D D 35. G G G 0 0 G G D* 10a-6p S* Gp-2a ATTACHMENT B.2 Contra Personnel Department Costa Third Floor, Administration Bldg. 651 Pine Street CountMartinez, California 94553-1292 Y (415)646-4064 Harry D. Cisterman Director of Personnel December 11 , 1987 Mr. Henry Clarke, General Manager Contra Costa County Employees Association, Local No. 1 P.O. Box 222 Martinez, CA 94553 Dear Mr. Clarke: This side letter confirms agreements reached between Contra Costa County and Local No. 1 at a meeting held on October 26, 1987 with respect to the following: 1 . Amendment of Section 5.3 Entrance Salary Language for Employment of Sheriff Dispatchers. Section 5.3 of the M.O.U. between Contra Costa County and Local No. 1 currently reads as follows: Except as otherwise permitted in deep class resolutions, new employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range if mutually agreeable guidelines have been developed in advance or the Personnel Director offers to meet and confer with the Union on a case by case basis each time prior to formalizing the appointment. It is hereby agreed that in conformance to the above, a Sheriff's Dispatcher with previous dispatching experience who is ,employed as a dispatcher in another public agency immediately prior to employment with the County may be appointed at any step of the salary range. 2. Training Officer. When filling the training officer position, management will first select from qualified volunteers. If there are no qualified volunteers for the position, management can mandate the position be filled by selecting an employee-it considers to be qualified; provided, however, in making this selection management shall first consider employees who have not previously acted as training officers and if management does not consider any of these employees qualified, it shall select the qualified employee who had last acted as training officer before those other employees who have acted as training officers (eg. a qualified employee who had last acted as 1pma INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER -2- training officer three years ago shall be selected before an employee who last acted as a training officer two years ago). Volunteers who are selected must remain as training officer for at least one year from the date they begin this assignment. As an exception to this one year period, employees acting as training officers who are accepted as a lateral transfer to another facility must remain during the present training cycle until the cycle is completed not to exceed twenty weeks or such earlier time if a qualified volunteer can be found to complete the training cycle. During this period the position to which the training officer is transferring shall remain open. Employees mandated to act as training officer will be required to remain in this position if needed for a period not to exceed twenty weeks unless a qualified volunteer becomes available prior to the completion of said twenty .week period. The provisions of both 1 and 2 above shall remain in effect for one year from the date of execution of the Memorandum of Understanding at which time County representatives and Local No. 1 shall meet to discuss whether either or both of these provisions should continue and if so, what, if any, changes should be made. If the foregoing conforms with your understanding, please indicate your acceptance in the space provided below. Dated d Contra sta County Employees Contra Costa ounty Associa ion, Local No. 1 ATTACHMENT C CONTRA COSTA COUNTY BULLETIN NO. : 4 PROBATION DEPARTMENT SECTION: Personnel REPLACES: Pers. #4, 12/10/87 DIVISION: ADMINISTRATIVE ISSUED: 12/20/87 SUBJECT: Intra-Departmental Transfers (Reassignments) This bulletin outlines the procedure for requesting and being considered for voluntary transfer from one position to another comparable vacant position in the Department and for Department administrative reassignments. I. VOLUNTARY TRANSFERS In order to provide for timely filling of vacant positions, the procedure to apply for consideration of transfer to other comparable positions is as follows: 1. The employee will submit, through regular administrative channels, an Intra-Departmental Transfer/Demotion Request (Form P-11) asking to be considered for vacancies which will occur in the unit, division, or. location into which he/she desires to transfer; this request should list requests in priority order. 2. This request shall be promptly forwarded to the Department Personnel Clerk, who will record the request and return an acknowledgement slip to the employee within five (5) working days from receipt of said request. 3. As vacancies occur in anv unit, division, or location, the Personnel Clerk will forward those names to the appropriate Division. 4. The Personnel. Clerk, when appropriate, will submit a Personnel Request for certification of names from the appropriate employment list and forward them to the Division. S. Applicants will be contacted, considered and a selection made. The person selected will have his/her name removed from the transfer list if his/her request is granted. "Trades" in assignment between employees may be accomplished within the above process if no other requests are on file for those positions. All newly created jobs will be posted by memo in each work location and appropriate time given for applicants•to apply for transfer consideration. All requests for transfer will expire on June 30th of each year. During the month of June each year, a notice will be sent to all locations listing all. positions by region and classification, reminding staff that transfer requests will terminate. Requests can be filed at any time and will be valid for the remainder of the fiscal year. If an employee turns down three (3) separate offers to be interviewed for transfer during one (1) year (July 1 - June 30) , the Department shall not be obligated to contact said employee for the balance of the year. ATTACHMENT D �� s EAL Health Services Department � -- OFFICE OF THE DIRECTOR Administrative Offices n� =_ 20 Allen Street Martinez, California 94553 (415)372-4416 17.`1. SEP 211987 CONTRA COSTA COUNTY HEALTH SFAYiCES PERSONNEL September 4, 1987 Public Employees Union-Local =1 Attn: Henry Clarke, General Manager P. 0. Box 22" Martinez, CA 94553 Dear. M.r. Clarke, This confirms the understandings reached in our recent meetings regarding weekend/holiday duty for Public Health Nurses. The conditions in this letter supercede all prior letters and become effective immediately, except as the schedule through December 1987 conflicts; in which case, it will remain in effect. : All PHN's assigned to the Public Health Nursing Division will be scheduled to .work as primary or backup nurses for up to five weekends per calendar. year. However, management retains the prerogative to make additional assignments in cases of emergency, but no nurse shall be required to work more than five weekends until all nurses have worked five weekends. A. General Assignment Conditions The annual schedule shall be made by assigning PHN's byregion (East/Central and West) in alphabetical order beginning where the prior year's dlphdbei icai assign I.- ended, providedthatexcertio►?S Sha1:1 be to that order to comply with the criteria listed below in order of priority and that PHN's may volunteer for additional assignments, regardless of the conditions of this letter. 1 . No PHN will be- scheduled to work consecutive weekends unless that PHN volunteers to do so. 2a. The four major holidays for scheduling purposes include: 1 ) .Thanksgiving and.the following Friday; 2) Saturday and Sunday following Thanksgiving; 3) Christmas Day and the associated weekend; and 4) New Year's Day and the associated weekend. No nurse shall work more than one of these holidays; in a calendar year and the department will not schedule a PHN to 4ork a second such holiday until all PHN's have worked one since January 1 , 1986. 2b. The department will not schedule a PHN to work more than one three-day weekend in a calendar year. J A-345 5/86 Contra Costa County n t n ry U.1 0 1 &C . _\ • -September 4, 1987 Page 2 - 3. The department will endeavor in East/Central County to assign one PHN from each office .to ,fill the primary and secondary assignments for each weekend'. 4. A PHN who is temporarily reassigned between regions will remain on the weekend schedule forhis/her home region. 5. Monday and Friday holidays shall be assigned to the PHN with the contiguous weekend assignment. Tuesday, Wednesday, and Thursday holidays shall be assigned to the PHN assigned to the following weekend, except for' Thanksgiving, which will be scheduled as in �2 above. i B. Alterations in the annual schedule may be made in the ways listed below. 1 . If the PHN with the primary assignment is unable. to work, the backup PHN will assume the primary assignment. The PHN who was unable to perform his/her assignment will , upon return to work, assume the next primary assignment of the backup PHN who assumed the primary assignment. 2. PHN' s may trade assignments provided the trade is approved by the Director of Public HealthiNursing, or designee, and it is requested in writing at least '24 hours before the close of business prior to the affected weekend/holiday. If such a trade of assignments has been made but one PHN terminates or is unable to perform' the assignment due to illness or other emergency acceptable to the Director of Public Health Nursing before either, assignment is worked the original scheduled assignments remain in effect. If a PHN has already worked the first assignment and the other PHN is unavailable as above, the remaining assignment will be filled in the same manner as a vacant assignment (see #5 below). 3. If a PHN volunteers to take weekend/holiday assignment of another PHN without giving up a scheduled assignment of his/her own (referred to as a "one-way trade") , but: has left County employment or is unable to perform that assignment due to illness or other emergency acceptable to the Director of( Public Health Nursing, the PHN originally scheduled shall beiresponsible to perform the. required weekend/holiday assignments. 'A weekend/holiday assignment either worked by a "volunteer" or reassumed in those circumstances described above will count towards originally assigned PHN's five required assignments. 4. A PHN who is assigned to less than five weekends and who "volunteers" to cover a vacancy in the weekend schedule (either primary or backup) will have that weekend counted toward the five required weekend assignments. A PHN who is assigned to five or more weekends may volunteer to cover additional vacant weekends. Any PHN who assumes an additional assignment in this manner cannot change his/her mind and "unvolunteer". 5. Vacant assignments in the schedule caused by resignation or leave of absence will first be filled by volunteers, second by recently hired PHN's (provided they have satisfactorily completed their orientation for weekend duty), and third by PHN's who have not yet been assigned their first' five weekends. The mandatory filling of such vacant assignments as- well as additional assignments will be done util.izing. the regional alpha list, as modified Xenry Clarke - September 4, 1987 Page 3 to comply with priority criteria. 6. All changes, due to vacancy .or illness, to the weekend schedule will be made by Public Health Nursing management as soon as possible after they have knowledge of the�need for the change, preferably within .two weeks and five or more days prior to the assignment date. 7. Following each weekend worked, a PHN may request and will receive a Tuesday, Wednesday, or Thursday off, on vacation or other available accrual , excluding sick leave. C. Additional Criteria for Scheduling of Primary Weekend PPT PHN's effective September .18, 1987. 1 . The normal schedule for the PPT PHN will be a biweekly schedule including every Friday ar,d alternating weekends of Saturday -through Monday. 2. The three-day weekends (including a Monday *or Fri.day holiday) will be equally shared between the two PPT PHN's. This will necessitate occasional consecutive weekends. The work schedule for three-day weekends will be adjusted so that one regular work day preceeds the three-day weekend. 3. PPT PHN's will participate in the 'regular scheduling and rotation of the four major holidays. .4. PPT PHN' s will be given the same consideration for leave and medical appointments .as is given to other PHN's. 5. PPT PHN's will not be subject to assignment to mid-week holidays, except in cases of emergency. - 6. PPT PHN's may trade assignments with the approval of the supervisor and the understanding that no such trade will. be permitted to obligate payment of overtime. 7. ' The department and the union will meet to discuss the scheduling and assignments of the two PPT weekend PHN's four months after .. implementation of that new schedule. Further, if implementation of the PPT weekend scheduling is pot successful and it becomes necessary to discontinue it and r6duce PHN staffing, it is- not the intent of the department thatithe two initial incumbents of the trial positions suffer reduced displacement ri.ghts .by having changed their status from PFT to PPT. The department will , therefore, restore those two initial PPT incumbents to PFT status prior to any staffing reductions. If the above conforms to your understanding of the agreements reached in the meetings regarding weekend/(�liday. duty for PHN's, please sign below. Web Beadle, Dept. Personnel Officer Hen rYV1arke, General Manager Wendel Brunner, M.D. , Asst. Director-PH WB:sf ATTACHMENT E Contra Per 'nnel Department f Costa Third Floor, Administration Bldg. ' + 651 Pine Street Martinez, California 94553-1292 COI.lnt Y0o (415) 372-4064 Harry D. Cisterman Director of Personnel July 18, 1984 Contra Costa Employees Association, Local 1 P.O. Box 222 Martinez, CA 94553 Attention: Mr. Henry Clarke Dear Sirs: This letter will confirm certain understandings relative to the Memorandum of Understanding between your Union and Contra Costa County covering the period July 1, 1983 through June 30, 1985 as follows: 1. Section 4.1 Attendance at Meetings provides that shop stewards shall be allowed to attend meetings during work hours where their attendance is required for settlement of grievances. It is recognized that certain departments have allowed stewards reasonable time during work hours to investigate an employee's grievance in order to expedite settlement of said grievance. It is hereby understood .that said practice will continue and that any claimed abuses of the use of this work time will be reported by the Department to the Union. 2. Section 20.5 Involuntary Reassignment Procedure provides for an involuntary reassignment policy for temporary reassign- ments of less than eight (8) weeks duration. It is hereby understood that with regards to employees in the General Services and Maintenance Unit, this procedure will not apply to the Seal Coat Program assignment, to assignment of employees to various locations, to operate various equipment for training purposes and to the assignment of employees to operate the Gradeall, Vacall, Paint Striper, Bridge Truck and Hydroflush. 3. Section 22 - Dismissal , Suspension and Demotion contains as a reason for disciplinary action "sexual harassment". It is hereby understood that said provision applies to all County employees and will be incorporated in the County's Personnel Management Regulations. iPmel INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER :Z. _2_ 71 If the foregoing conforms with your understanding, please indicate your accep- tance in the space provided below. � 7 � Dated: t Dated: Contra Costa County Employees Association, Local No. 1 Contra Costa County ATTACHMENT F Letter of Agreement This Letter of Agreement confirms agreement by the parties to recommend to the Board of Supervisors wage adjustments as enumerated below for employees in the Deputy Public Defender bargaining unit represented by Contra Costa County Employees Association, Local No. 1, as listed below. It is also agreed that a Lump Sum Payment, in lieu of a retroactive payment back to July 1, 1987, will be made in accordance with the processing procedure enumerated in paragraph II below. I. Wage Increases A. Effective July 1, 1987, the Deputy Public Defender I salary range shall be changed to C2 1547. (2470-2593) B. Effective January 1, 1988 each represented classification shall receive a general wage increase as specified below. LEVELS SALARY RANGE Deputy Public Defender IV 6.5 63 C5 2293 (4497-5466) Deputy Public Defender III 6.5 63 C5 2154 (3814-4757) Deputy Public Defender. II 5.0 49 C5 1949 (3139-3876) Deputy Public Defender I 3.0 30 C1 1577 (2672F) C. Effective July 1, 1988 each represented classification shall receive a general wage as specified below. LEVELS SALARY RANGE Deputy Public Defender IV 7.0 68 C5 2361 (4823-5850) Deputy Public Defender III 7.0 68- C5 2222 (4189-5092) Deputy Public Defender II 7.0 68 C5 2017 (3413-4148) Deputy Public Defender I 4.0 39 C1 1616 . (2778F) II. 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 and December, 1987, computed as follows: Two Payroll quarter-to-date (July, August and September 10th & 25th payrolls) + (October, November and December 10th & 25th payrolls) gross earnings (base pay minus AWOP) . 2Q-T-D PR'S = Retro Pay Base (RPB) RPB X % = Lump Sum Payment Then the Retro Pay Base will be multiplied by the appropriate percent (�) for employees in each classification to compute the lump sum payment as itemized below: I Lump Sum Payment Schedule CLASS TIME PERIOD Deputy Public Defender IV 2QTD PR'S = RPB X 6.5% = Lump Sum Payment Deputy Public Defender III 2QTD PR'S = RPB X 6.5% = Lump Sum Payment Deputy Public Defender II 2QTD PR'S = RPB X 5.0% = Lump Sum Payment Deputy Public Defender I 2QTD PR'S = RPB X 3.0% = Lump Sum Payment An additional (2.5%) , in lieu of a retroactive pay for longevity differential , will be computed into the lump sum payment for those Deputy Public Defenders with ten or more years of County Service as of July 1, 1987 as listed in Section IV. Due to the July 1, 1987 change in the number of steps on the Deputy Public Defender I salary range, and in lieu of a retroactive pay, the following employees will receive an additional 5% of the Retro Pay Base added into the Lump Sum Payment: Employee # Name 43712 Rebecca Young 43715 Steven Lewis 43867 Stuart Blumstein 42612 Andrea Trexler Mary Pryor, Employee #42643, will receive an additional 5% of the 4th Quarter (Oct.-Nov.-Dec. ) portion of the Retro Pay Base added into the Lump Sum Payment. The -lump sum payment will be added to employees' regular pay and Os subject to normal tax withholding .and retirement deduction requirements. III. Wage Formula to Move to Market Equity for Public Defenders On July 1, 1989 and on July 1st each year thereafter, the County will provide pay increases in addition to negotiated cost of living salary adjustments for D.P.D. I, II , III, & IV according to the following formula: The average salary at the top step for the top working level attorney in the Public Defender's Office of the below listed nine (9) agencies effective June 30 of each year will be computed. Any pay increases in the other nine (9) agencies' salaries which become effective June 30 or earlier, but on a retroactive basis, and thus are not actually in effect on June 30, will not adjust the computed salary average of the nine (9) agencies for that year. The computed average will be increased by 2.5% for productivity enhancement. The resulting amount in dollars will be the salary equity pay target for July 1st that year. The nine (9) agencies are: Los Angeles County San Francisco City and County State of California Alameda County Santa Clara County Orange County Sacramento County Riverside County San Bernadino County The formula described above is shown mathematically below: (1 ) Total Salaries (9 agencies) $ : 9 = average P.D. Atty. salary $ (2) Average salary $ X 102.5% = July 1st salary target It is understood that the target salary may change as the nine (9) agencies' salaries change each year. Beginning July 1, 1989, after computing the target salary for July 1 each year, the County will move toward meeting the target salary by providing pay equity increases at the rate of 1%/$ for each 2%/$ provided as general cost-of-living increases for Deputy Public Defenders I , II, III , IV base pay. The pay equity salary adjustments will continue under the formula described above on July 1 of each year until the top step of the Deputy Public Defender IV base salary effective July 1st is equal to or greater than the previous day's (June 30) target salary at which time the County will meet with the Public Defenders' Unit and discuss continuance of the formula. IV. Public Defender Longevity Differential Program Effective July 1, 1987 and thereafter Deputy Public Defenders who have completed ten (10) years of County Service will be eligible to receive, commencing the first of the following month, a 2.5% longevity differential , conditional on having previously received two consecutive satisfactory annual performance evaluations as certified by the appointing authority. If a Deputy Public Defender has not previously received two consecutive satisfactory annual performance evaluations, (s)he will be reconsidered for the longevity differential annually on their service year anniversary date under the same criteria as the initial ten (10) years' service review, with the understanding that the appointing authority will conduct an annual performance evaluation prior to the review. Those Deputy Public Defenders (listed below) who had completed the required ten (1.0) years County Service prior to July 1, 1987, will receive the longevity differential without further review. Those with ten years of County Service are: Employee # Name 20637 M. Madonne 26671 D. Levine 23637 P. Berger 27558 J. Bradley 27801 W. Veale 29869 W. Egan 30359 S. Hutcher 32214 M. Kotin 30903 T. Oehrlein 31334 M. Gray 31832 J. Rauch 32227 P. Mariano The County Personnel Department will be responsible for the administration and maintenance of record keeping and forms processing in support of the longevity differential program. V. Temporary Employees Appointed To Permanent Positions In The Public Defenders' Bargaining Unit Temporary employees are covered by the Letter of Understanding dated 5-7-87 between Local 1 and the County. Those temporary employees who are appointed to permanent positions in the same class immediately upon completion of their temporary appointment shall be placed as permanent employees at the same step of the salary range they occupied as temporary employees. This section shall be considered the "mutually agreeable guidelines" referenced in Section 5.3 of the MOU. Additionally, such temporary employees are eligible for a temporary salary review under Section 6 of the LOU and accumulate a record of straight time hours worked for purposes of determining when an employee is eligible for a salary review. When a temporary employee has been appointed to a permanent position (as per the above paragraph), the anniversary date of the permanent employee shall be set by "counting" the straight time hours worked since the initial temporary appointment or the last temporary salary review, whichever date is later, as a portion of the six (6) months (equivalent to 1040 STHW) or one (1) year (equivalent to 2080 STHW) from date of permanent appointment required under Sections 5.4A and 5.4E of the MOU respectively. VI. The County will continue to honor the 1985-87 MOU provisions addressing the following terms and conditions of employment. A) The Professional Advisory Committee; B) Compensatory 'Leave; C) Miranda Watch; and D) Sabbatical Leave. E) Miscellaneous Professional Expenses VII. MOU Section 32: Flexible Staffing Certain positions may be designated by the Personnel Director as flexibly staffed positions. Positions are generally allocated at the first level of the job series when vacated. When the position is next filled and an incumbent of one of these positions meets the minimum qualifications for the next higher level and has met appropriate competitive requirements, he/she may then be promoted to the next higher classification within the job series without need of a classification study. The County's practice, as provided for in the Personnel Management Regulations Sections 306e, 502b and 713, of allowing work performed as a temporary employee in a particular class to be used as part of the experience needed to meet the minimum requirements of a class and/or to constitute work performed in that class, shall continue. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to promote an employee on the first of the month when eligible, said appointment shall be made retroactive to the first of the month when eligible. An employee who is denied a promotion to a flexibly-staffed position may appeal such denial to the Merit Board. VIII. The Public Defender agrees to meet with Local 1 and representatives of the Public Defender Unit Employees to discuss work load standards. IX. The Public Defenders' Unit will submit a "position paper" to the County Administrator regarding the use of temporary positions in the Public Defenders' Office. The "position paper" will be reviewed with the Board of Supervisors. If the foregoing conforms to your understanding, please indicate your approval and acceptance below. Approved & Accepted Date Phil Batchelor, Employee Relations Officer By: Contra Costa County Employees H. D. Ci erman, Director of Association, Local No. 1 Person f ATTACHMENT G SE _z Health Services Department OFFICE OF THE DIRECTOR Administrative Offices 20 Allen Street p; ;j.•„iiu'�9 �F ��S Martinez, California 94553 (415)372-4416 OSpA.COUI1� C February 26, 1988 Public Employees Union-Local #1 Attention: Henry Clarke, General Manager P. 0. Box 222 .Martinez, CA 94553 Dear Mr. Clarke, This letter will confirm the agreement reached concerning the Physical/ Occupational Therapist advanced step appointment rates. Section 5.3 of the Memorandum of Understanding states, in relevant part, "the appointing authority may fill a particular position at a step above the minimum of the range if mutually agreeable guidelines have been developed in advance.” It is hereby agreed that the guidelines illustrated by Exhibit A reflect implementation of this section and shall remain in full force and effect unless modified by mutual agreement. In addition it is hereby agreed that: A. Equivalency of Education for Experience 1 . Advanced Masters = one year experience. 2. Certificated Special Training = .5 year experience (only includes "significant" certificates identified in Exhibit B). 3. Either must be relevant to the position into which the appointment is being made, determination of which is sole prerogative of the department. B. Experience Credit 1 . Requires full-time work for full credit and may be pro-rated if adequate elaboration is provided by applicant. 2. Determination of relevancy of experience to the position is sole prerogative of the department. A-345 5/86 Contra Costa County Public Employees Union-Local #1 Attn: Henry Clarke February 26, 1988 Page 2 C. Re-evaluation of Incumbents Qualifications 1 . Experience of current incumbents at a lower step than a new appointee will be evaluated when a new appointment is made, using the same criteria used to set the new appointee's salary, and incumbents with the same qualifications will be increased to the same step as the appointee, amending Section 5.5 of the Memorandum of Understanding. No incumbent shall be raised to a step higher than that to which they are qualified. 2. Nothing herein is intended to delay the normal administration of anniversary dates and merit increments. The anniversary date of an incumbent whose salary is increased by virtue of this process, however, will be reset at the first of the month following the month of the increase, consistent with Section 5.4 of the Memorandum of Understanding. 3. Salary step placements are guidelines and maximum steps which may be set unilaterally by the department. The department may hire at a lower step acceptable to the appointee. The department may hire at a higher step in accordance with Section 5.3 of the Memorandum of Understanding with Local #l . If the foregoing conforms to your understanding, please indicate your. acceptance and approval in the appropriate space below. Sincerely, Web Beadle Department Personnel Officer WB:sf Approved and accepted: - Public Employees Union-Local #1 By Y64LDate La Va He Vy Clarke - Contra Costa County Personnel Department X8y i - Date 3 2� 0 C I HEALTH SERVICES PROPOSAL PHYSICAL/OCCUPATIONAL THERAPIST APPOINTMENT RATES SALARY STEP QUALIFYING EXPERIENCE 1 0 - 2.5 Years Unrelated 0 .- 1 Year Related 2 2.5 - 5 Years Unrelated 1 - 2.5 Years Related 3 5+ Years Unrelated 2.5 - 5 Years Related 4 5+ Years Related Relevant Advanced Masters = One Year of Experience Relevant Certified Special Training = Six Months of Experience 2/9/88 EXHIBIT A PHYSICAL/OCCUPATIONAL THERAPIST RELEVANT CERTIFICATED SPECIAL TRAINING 1 . PNF: Proprioceptive Neuromuscular Facilitation 2. NOT: Neurodevelopmental Training 3. SI: Sensory Integration 4. ASHT: American Society of Hand Therapists 5. APTA: CERTIFICATES .OF CLINICAL COMPETENCY: in orthopedics, .pediatrics, and cardiopulmonary. 6. Other comparable training identified by mutual agreement. 1 EXHIBIT B H I I Hl Nmr-ii l i contra Personnel Department Costa Third Floor, Administration Bldg. 651 Pine Street County, Martinez, California 94553-1292 (416)646-4064 Harry D. Cisterman June 3, 1988 Director of Personnel Mr. Henry Clarke, General Manager Contra Costa County Employees Assn. , Local #1 PO Box 222 Martinez CA 94553 Re: Central Library Vacation Policy Dear Mr. Clarke: In good conscience I cannot accept Local #1 's vacation scheduling proposal for the Central Library because it would result in hardship for non-vacationing staff, and would seriously damage public service. At the Central Library there are six desks that need to be covered 11 hours each day by 15.5 public service FTE's. Simple arithmetic totals 4.25 desk hours/day/FTE. Arithmetic does not take account of sick leave, vacancies, meetings, double-staffing the Reference desk during peak times, or the fact that every employee is not qualified to cover every desk. The worst case scenario could mean 3 staff members missing on the same night or the same Saturday, leaving 3-4 persons on the evening or 5-6 on a Saturday. This would not be enough, even if staff were able to work eight desk hours, covering more than on desk simultaneously. Closing the Library because of scheduled vacations seems irresponsible. However, I also recognize that each employee earns at least 3 weeks vacation per year, plus 3 days of floating holiday. This totals more than 52 weeks of earned time off by Central Library Reference employees, and means that there must be some vacation overlap. The problem is scheduling this overlap to. have minimal impact on remaining staff and public. When there is overlap, P.I. 's will be asked to cover the peak hours. I propose the following procedure: 1 . Post a list of staff by seniority, 2. Route, in seniority order, a calendar for the year in question. Each person enters his/her first choice in the appropriate week/days. If there is a conflict, staff members negotiate directly with each other to resolve the conflict. A conflict is defined as two persons overlapping .for more than one week, or two persons from the same Central Unit..(e.g., Children's Documents, Periodicals, Reference) overlapping at all . ipmei INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER - 2 - 3. When the process has been completed, Head of Reference and Head of Central will review the calendar. Where there are conflicts, as defined above, the most senior person(s) will be given vacation. The other vacation(s) will be denied. Head of Reference will recommend to Head of Central the P.I. hours needed. Head .of Central will approve or disapprove, and Head of Reference will assign P.I . scheduling to staff approved for vacation. 4. When there is overlap, it will be understood that staff may be assigned to the public desk 5-6 hours per day. It may not be possible always to staff the Children's Desk or to double-staff Reference. Dinner and lunch hours may need to be changed. 5. The use of P.I. 's to cover lengthy vacation overlaps is not a practical solution. If P.I . 's are frequently scheduled to cover vacations, they are not available for sick leave and vacancies. Also, it is not always possible to find a P.I . for the times needed. Although staff might survive the stress of increased desk hours for a day or so, they would have, I believe, great difficulty with prolonged periods of vacation overlap. 6. Post final approved vacation schedule. If the foregoing conforms with your understanding, please indicate your accep- tance and approval in the space provided below. Approved nd Accepted Date: 3 zx:_ �Lr e ryarke, General Manager Ernest Siegel , County Librarian Contra osta County Employees by Association, Local #1 Bill Hamilton, Chief Employee Relations Division Contra Costa County EXHIBIT A CLASS E SALARY LISTING PAGE 1 of 15 1GRICULTURE AND ANIMAL CONTROL UNIT CLAS LEVEL SALARY RANGE CLASS TITLE BAWA . C5-1414 . 1868.00 - 2270.00 . . AGRICULTURAL BIOLOGIST I BAVA . C5-1537 . 2112.00 - 2568.00 . . AGRICULTURAL BIOLOGIST II BATB . C5-1632 2323.00 - 2823.00 . . AGRICULTURAL BIOLOGIST III BATA . C5-1292 1654.00 - 2010.00 . . AGRICULTURAL BIOLOGIST TRAINEE BJWC . C5-1274 1624.00 - 1974.00 . . ANIMAL CENTER TECHNICIAN BJWB . C5-1250 . 1586.00 - 1927.00 . . ANIMAL CONTROL CENTER ATTENDANT BJWA . C5-1302 . 1670.00 - 2030.00 . . ANIMAL CONTROL OFFICER BKVA . C5-1381 . 1807.00 - 2197.00 . . ANIMAL HEALTH TECHNICIAN V4TB . C5-1341 . 1737.00 - 2111.00 . . LEAD VECTOR CONTROL TECHNICIAN B9W1 . C1-1186 . FLAT - 1808.00 . . PEST DETECTION SPECIALIST - PROJECT BJTC . C5-1312 . 1687.00 - 2050.00 . . SENIOR ANIMAL CENTER TECHNICIAN V4WC . C5-1244. . 1576.00 - 1916.00 . . VECTOR CONTROL TECHNICIAN BW7A . C5-1250 . 1586.00 - 1927.00 . . WEIGHTS & MEASURES INSPECTOR TRAINEE BWWA . C5-1427 . 1892.00 - 2300.00 . . WEIGHTS AND MEASURES INSPECTOR I BWVA . C5-1537 . 2112.00 - 2568.00 . WEIGHTS AND MEASURE'S INSPECTOR II BWTB . C5-1632 . 2323.00 - 2823.00 . . WEIGHTS AND MEASURES INSPECTOR III CLASS E SALARY LISTING PAGE 2 O 2-5 ATTENDANT - LVN-AIDE UNIT CLAS LEVEL SALARY RANGE CLASS TITLE V9WA . C5-1112 . 1381.00 - 1679.00 . . DENTAL ASSISTANT JPB3 . C5-1894 . 3018.00 - 3668.00 . . DISTRICT COURT MANAGER VMWB . C5-1060 . 1311.00 - 1594.00 . . FAMILY PLANNING AIDE VKWA . C5-0972 . 1201.00 - 1460.00 . . HO`•1E HEALTH AIDE I VKVA . C5-1069 . 1323.00 - 1608.00 . . HOME HEALTH AIDE II VTWA . C5- 1143 . 1425.00 - 1732.00 . . HOSPITAL ATTENDANT V9TA . C5-1210 . 1523.00 - 1852.00 . . LEAD DENTAL ASSISTANT VT70 . XB-1375 . 1711.00 - 2184.00 . . LICENSED VOCATIONAL NURSE I VT7C . XC-1423 . 1795.00 - 2291.00 . . LICENSED VOCATIONAL NURSE II V9WC . C5-1210 . 1523.00 - 1852.00 . . MORGUE ATTENDANT VT7E . C5-1210 . 1523.00 - 1852.00 . . ORTHOPEDIC TECHNICIAN VQWB . XC-1423 . 1795.00 - 2291.00 . . PSYCHIATRIC TECHNICIAN VKWB . C5-1069 . 1323.00 - 1608.00 . . PUBLIC HEALTH AIDE VMWC . C5-1112 . 1381.00 - 1679.00 . . PUBLIC HEALTH DENTAL ASSISTANT V49A . C5-0994 . 1228.00 - 1492.00 . SANITATION AIDE . VT7B . XC-1423 . 1795.00 - 2291.00 . . SURGICAL TECHNOLOGIST V5WA . C5-1118 . 1390.00 - 1689.00 . . THERAPIST AIDE CLASS & SALARY LISTING PAGE 3 of 15 WILDING TRADES UNIT CLAS LEVEL SALARY RANGE CLASS TITLE GFWB . C3-1680 . 2687.00 — 2962.00 . . CARPENTER GFWA . C3-1740 . 2853.00 — 3145.00 . . ELECTRICIAN GFTC . C3-1787 . 2990.00 — 3296.00 . . LEAD CARPENTER GFTA . C3-1835 . 3137.0-0 — 3458.00 . . LEAD ELECTRICIAN GFTB . C3-1787 . 2990.00 — 3296.00 . . LEAD PAINTER GF TE . C3-1964 . 3568.00 — 3934.00 . . LEAD STEAMFITTER GFWE . C3-1680 . 2687.00 — 2962.00 . . PAINTER GFWF . C3-1735 . 2838.00 — 3129.00 . . PLUMBER—PIPEFITTER GFVA . C3-1869 . 3245000 — 3578.00 . . STEAMFITTER CLASS E SALARY LISTING PAGE 4 of 15 DEPUTY PUBLIC DEFENDER UNIT CLAS LEVEL SALARY RANGE CLASS TITLE 25WA . C1-1577 . FLAT — 2672.00 . . DEPUTY PUBLIC DEFENDER I 25VA . C5-1949 . 31!89.00 — 3876.00 . . DEPUTY PUBLIC DEFENDER II 25TB . C5-2154 . 3914.00 — 4757.00 . . DEPUTY PUBLIC DEFENDER III 25TA . C5-2293 . 4497.00 — 5466.00 . . DEPUTY PUBLIC DEFENDER IV CLASS E SALARY LISTING PAGE 5-.of 15 ENGINEERING UNIT CLAS LEVEL SALARY RANGE CLASS TITLE DYVA . C5-1648 . 2360.00 - 2869.00 . . ASSISTANT REAL PROPERTY AGENT DYTA . C5-1844 . 2871.00 - 3490.00 . . ASSOCIATE REAL PROPERTY AGENT GFWO . C3-1598 . 2475.00 - 2729.00 . . DRAFTING ESTIMATOR NXWA . C5-1642 . 2346.00 - 2852.00 . . GRADING TECHNICIAN SHWA . C5-1228 . 1551.00 - 1885.00 . . GRAPHICS TECHNICIAN I 5HVA . C5-1455 . 1946.00 - 2365.00 . . GRAPHICS TECHNICIAN II NPWA . C5-1228 . 1551.00 - 1885.00 . . JUNIOR DRAFTER DYWA . C5-1363 . 1775.00 - 2158.00 . . JUNIOR REAL PROPERTY AGENT DYW1 . C5-1363 . 1775.00 - 2158.00 . . JUNIOR REAL PROPERTY AGENT - PROJECI DY7B . XB-1380 . 1719.00 - 2195.00 . . REAL PROPERTY TECHNICAL ASSISTANT DYTA . C5-1189 . 1492.00 - 1813.00 . . REAL PROPERTY TECHNICIAN NPVA . C5-1455 . 1946.00 - 2365.00 . . SENIOR DRAFTER NXVA . C5-1739 . 2585.00 - 3142.00 . . SENIOR GRADING TECHNICIAN DYTB . C5-1958 . 3217.00 - 3911.00 . . SENIOR REAL PROPERTY AGENT NPHB . C5-1545 . 2129.00 - 2588.00 . SUPERVISING DRAFTER N4WA . C5-1439 . 1915.00 - 2328.00 . . TRAFFIC SAFETY INVESTIGATOR 0 CLASS 6 SALARY LISTING PAGE 6'-of 15 ►ENERAL SERVICES AND MAINTENANCE UNIT CLAS LEVEL SALARY RANGE CLASS TITLE 9BVB . C5-1519 . 2075.00 - 2522.00 . . AIRPORT OPERATIONS SPECIALIST 9BWB . C5- 1271 , 1619.00 - 1968.00 . . AIRPORT SERVICES TECHNICIAN I PM7A . C3-1530 . 2313.00 - 2550.00 . . APPRENTICE MECHANIC 9KW6 . C5-1200 . 1508.00 - 1833.00 . . ASSESSMENT SPECIALIST-PROJECT 91WA . C5-1256 . 1595.00 - 1939.00 . , ASSISTANT AUTOMOTIVE PARTS TECHNICIA 91VB . C5-1395 . 1833.00 - 2228.00 . . AUTOMOTIVE PARTS TECHNICIAN 917A . C5-1183 . 1483.00 - 1802.00 . . AUTOMOTIVE PARTS TECHNICIAN TRAINEE FAWB . C3-1585 . 2443.00 - 2694.00 . . BUILDING INSPECTOR I FAVD , C3-1765 . 2925,00 - 3225.00 . . BUILDING INSPECTOR II FRWA . C5-1344 . 1742.00 - 2117.00 . . BUILDING PLAN CHECKER I FRVA . C5-1490 . 2015.00 - 2450.00 . . BUILDING PLAN CHECKER II FR7A . C5-1149 . 1433.00 - 1742.00 . . BUILDING PLAN CHECKER TRAINEE 1EWA , C5-1240 , 1570.00 - 1908.00 . . CENTRAL SUPPLY TECHNICIAN PEWB . C5-1296 . 1660900 - 2018.00 . . COMMUNICATIONS EQUIPMENT AIDE PEWA . C3-1600 . 2480.00 - 2734.00 . COMMUNICATIONS TECHNICIAN LJ7X . C5-1525 . 2087.00 - 2537.00 . . COMPUTER EQUIPMENT TECHNICIAN LJWB . C5-1262 . 1605.00 - 1950.00 . . COMPUTER OPERATOR LJ7B . C3-1186 . 1640.00 - 1808.00 . . COMPUTER OPERATOR TRAINEE 1KWA . C3-1248 . 1745.00 - 1923.00 . . COOK 1K7A . C5-1122 . 1395.00 - 1696.00 . . COOK'S ASSISTANT GK7B . C3-0943 . 1286.00 - 1418.00 . . CUSTODIAL SERVICES AIDE GK7A . C3-0969 . 1320.00 - 1455.00 . . CUSTODIAN I GK71 . C3-0969 . 1320.00 - 1455.00 . . CUSTODIAN I - PROJECT GKWB . C3-1091 . 1491.00 - 1644.00 . , CUSTODIAN II LJWC . C5-1262 . 1605.00 - 1950.00 . . DEPARTMENTAL COMPUTER OPERATOR 64WG . C5-1066 . 1319.00 - 1603.00 . . DETENTION SERVICES AIDE 64VO . C5-1159 . 1448.00 - 1760.00 . . DETENTION SERVICES WORKER 9QWA , C5-1282 . 1637.00 - 1990.00 . . DRIVER CLERK 9QW1 . C5-1282 . 1637.00 - 1990.00 . . DRIVER CLERK - PROJECT 9XVB . C5-1.222 , 1542.00 - 1874.00 . . DUPLICATING MACHINE OPERATOR J9SA , C5-1268 . 1614.00 - 1962,00 . . ELECTIONS TECHNICIAN FATA . C5-1835 . 2845.00 - 3458.00 , . ELECTRICIAL INSPECTOR PEWC . C3-1495 . 2233.00 - 2462.00 . . ELECTRONIC TECHNICIAN PMWB . C3-1637 . 2574.00 - 2837.00 . . EQUIPMENT MECHANIC PSVA . C3-1431 . 2095.00 - 2309.00 . . EQUIPMENT OPERATOR I d CLASS E SALARY LISTING PAGE 7 of 15 3ENERAL SERVICES AND MAINTENANCE UNIT CLAS LEVEL SALARY RANGE CLASS TITLE PSTA . C3-1589 . 2453.00 - 2704.00 . . EQUIPMENT OPERATOR II PMVB . C3-1396 . 2023.00 - 2230.00 . . EQUIPMENT SERVICE WRITER PMVA . C3-1396 . 2023.00 - 2230.00 . . EQUIPMENT SERVICES WORKER 64SG . C5-1451 . 1938.00 - 2356.00 . . FINGERPRINT EXAMINER 64WH . C5-1549 . 2138.00 - 2598.00 . . FINGERPRINT EXAMINER I 64VG . C5-1752 . 2619.00 - 3183.00 . . FINGERPRINT EXAMINER II 64WJ . C3-1245 . 1739.00 - 1918.00 . . FINGERPRINT TECHNICIAN I GMWA . C5-1.396 . 1835.00 - 2230.00 . . FIRE MAINTENANCE WORKER PMTB . C3-1535 . 2324.00 - 2562.00 . . FLEET EQUIPMENT SPECIALIST 6D7A . C5-1409 . 1859.00 - 2259.00 . . FORENSIC TECHNOLOGIST PMWC . C3-1109 . 1518.00 - 1674.00 . . GARAGE ATTENDANT GPWA . C3-1237 . 1725.00 - 1902 .00 . . GARDENER GPVD . C3-1433 . 2099.00 - 2314.00 . . GROUNDS MAINTENANCE SPECIALIST - IRR GPVE . C3-1433 . 2099.00 - 2314.00 . . GROUNDS MAINTENANCE SPECIALIST - PEf GP7A . C3-1116 . 1529.00 - 1686.00 . GROUNDSKEEPER 64WF . C5-1173 . 1468.00 - 1784.00 IDENTIFICATION TECHNICIAN I 64 VC . C.5-1362 . 1773.00 - 2156.00 . . IDENTIFICATION TECHNICIAN II 1KWC . C5-1066 . 1319.00 - 1603.00 . . INSTITUTIONAL SERVICES AIDE 1KVB . C7-1159 . 1448.00 - 1760.00 . . * INSTITUTIONAL SERVICES WORKER 1KVB . C7-1159 . FLAT - 1848.00 . . * INSTITUTIONAL SERVICES WORKER 1KVB . C7-1159 . FLAT - 1940.00 . . * INSTITUTIONAL SERVICES WORKER PSWB . C3-1268 . 1780.00 - 1962.00 . . LABORER 9BTA . C5-1614 . 2281.00 - 2773.00 . . LEAD AIRPORT OPERATIONS SPECIALIST 1KTA . C3-1395 . 2021.00 - 2228.00 . LEAD COOK GK TB . C3-1189 . 1645,00 - 1813.00 . LEAD CUSTODIAN 64TB . C5-1257 . 1597.00 - 1941.00 . . LEAD DETENTION SERVICES WORKER GPTA . C3-1384 . 1999.00 - 2203.00 . . LEAD GARDENER 9KT4 . C5- 1200 . 1508.00 - 1833.00 . . LEAD WEATHERIZATIONIHOME REPAIR SPEC GKTA . C3-1253 . 1753.00 - 1933.00 . . LEAD WINDOW WASHER 3KWE . C5-1396 . 1835.00 - 2230.00 . . LIBRARY EQUIPMENT SPECIALIST 9XWD . C5-1198 . 1505. 00 - 1830.00 . . MAILING MACHINE OPERATOR FATB . C5- 1835 . 2845.00 - 3458.00 . . MECHANICAL INSPECTOR 9XWA . C5-1017 . 1256.00 - 1527.00 . . MICROFILM TECHNICIAN I 9XW4 . C5-1017 . 1256.00 - 1527.00 . . MICROFILM TECHNICIAN I - PROJECT 9XVA . C5- 1114 . 1384.00 - 1682.00 . . MICROFILM TECHNICIAN II CLASS E SALARY LISTING PAGE 8 of 15 ;ENERAL SERVICES AND MAINTENANCE UNIT CLAS LEVEL SALARY RANGE CLASS TITLE 9XV1 . C5-1114 . 1384.00 - 1682.00 . . MI:ROFILM TECHNICIAN 11 - PROJECT 9XTA . C5-1213 . 1528.00 - 1857.00 . . MICROFILM TECHNICIAN III 9XWC . C5-0958 o 1184.00 - 1439.00 . . OFFICE SERVICES WORKER I 9XVC . C5-1067 . 1320.00 - 1605.00 . . OFFICE SERVICES WORKER II GWWA . C5-1426 . 1890.00 - 2298.00 . . OPERATING ENGINEER I GWVB . C3-1548 . 2355.00 - 2596.00 . . OPERATING ENGINEER II 999C . C5-0923 . 1143.00 - 1390.00 . . PROCESS SERVER PSWA . C3-1589 . 2453.00 - 2704.00 . . ROAD MAINTENANCE CARPENTER 64WD . C3-1314 . 1864.00 - 2055.00 . . SECURITY GUARD FRTA . C5-1588 . 2223.00 - 2702.00 . . SENIOR BUILDING PLAN CHECKER PETA . C3-1704 . 2752.00 - 3034.00 . . SENIOR COMMUNICATIONS TECHNICIAN LJVB . C5-1360 . 1770.00 - 2151.00 ,. . SENIOR COMPUTER OPERATOR LJWO . C5-1360 . 1770.00 - 2151.00 . . SENIOR DEPARTMENTAL COMPUTER OPERATE' FATC . C5-1884 . 2988.00 - 3632.00 . . SENIOR ELECTRICAL INSPECTOR 64SH . C5-1678 . 2432.00 - 2956.00 . SENIOR FINGERPRINT EXAMINER FATO . C5-1884 . 2988.00 - 3632.00 . . SENIOR MECHANICAL INSPECTOR 64TA . C5-1557 . 2155.00 - 2619.00 . . SENIOR SHERIFF'S DISPATCHER 64WA . C5- 1417 . 1874.00 - 2277.00 . . SHERIFF' S DISPATCHER 64WQ . C5-1183 . 1483.00 - 1802.00 . . SHERIFF' S PROPERTY TECHNICIAN I 64VQ . C5-1382 . 1809.00 - 2199.00 . . SHERIFF'S PROPERTY TECHNICIAN II 64WE . C5- 1237 . 1565.00 - 1902.00 . . SHERIFF'S SERVICES ASSISTANT I 64VB . C5-1362 . 177.3.00 - 2156.00 . . SHERIFF' S SERVICES ASSISTANT II 999A . C5-0920 . 1140.00 - 1386.00 . . SPECIAL QUALIFICATIONS WORKER PSTC . C3-1589 . 2453.00 - 2704.00 . . SPECIALTY CREW LEADER 91VA . C5-1382 . 1809.00 - 2199.00 . . STOREKEEPER 91WC . C5-1183 . 1483.00 - 1802.00 . . STOREROOM CLERK 91W1 . C5-1183 . 1483.00 . - 1802.00 . . STOREROOM CLERK - PROJECT PSTB . C3-1475 . 2189.00 - 2413.00 . . TRAFFIC SIGN COORDINATOR GPWC . C5-1433 . 1904.00 - 2314.00 . . VEGETATION MANAGEMENT TECHNICIAN 65W2 . C.5-1155 . 1442.00 - 1753.00 . . VICTIM/WITNESS ASSISTANCE AIDE - PRC 65SA . C5-1335 . 1726.00 - 2098.00 . . VICTIM/WITNESS ASSISTANCE PROGRAM SP 65WA . C5-1204 . 1514.00 - 1841.00 . . VICTIM/WITNESS ASSISTANCE WORKER P6WA . C3-1470 . 2178.00 - 2401.00 . . WATER QUALITY CONTROL OPERATOR I P6VB . C3-1567 . 2400.00 - 2646.00 . . WATER QUALITY CONTROL OPERATOR II P6WC . C5-1372 . 1791.00 - 2177.00 . . WATER QUALITY OPERATOR-IN-TRAINING CLASS E SALARY LISTING PAGE 9 of 15 ;ENERAL SERVICES AND MAINTENANCE UNIT CLAS LEVEL SALARY RANGE CLASS TITLE 9KW7 . C3-1060 . 1446.00 — 1594.00 . . WEATHERIZATION/HOME REPAIR SPECIALIS GKWA . C3-1179 . 1628.00 — 1795.00 . . WINDOW WASHER GPTB . C3-1433 . 2099.00 — 2314.00 . . WORK PROGRAM CREW LEADER GPT1 . C3-1433 . 2099.00 — 2314.00 . . WORK TEST CREW LEADER—PROJECT CLASS E SALARY LISTING PAGE 10 of 15 lEALTH SERVICES UNIT CLAS LEVEL SALARY RANGE CLASS TITLE V9WF . C5-1561 - 2164.00 - 2630.00 - . ACCOUNT REPRESENTATIVE/CONTRA COSTA VESB . C5-1665 . 2401.00 - 2918.00 . - ALCOHOLIC REHABILITATION COUNSELLOR VETB . C5-1427 . 1892.00 - 2300.00 . . ALCOHOLISM REHABILITATION LEAD WORKE VE7A . C5-1018 . 1257.00 - 1528.00 9 - ALCOHOLISM REHABILITATION TRAINEE VEVB . C5-1287 . 1645 .00 - 2000.00 . . ALCOHOLISM REHABILITATION WORKER V47A . C5-1412 . 1864.00 - 2266.00 . . ASSISTANT ENVIRONMENTAL HEALTH INSPE VFWC . C3-1655 . 2620.00 - 2889.00 - . BIOMEDICAL EQUIPMENT TECHNICIAN VF7B . C1-1415 . FLAT - 2273.00 . - CLINICAL LABORATORY TECHNOLOGIST I VFWF - C5-1662 . 2393.00 - 2909,00 . . CLINICAL LABORATORY TECHNOLOGIST II V1W1 . C5-1817 . 2794.00 - 3397.00 . - CLINICAL PSYCHOLOGIST - PROJECT V7WA . C5-1207 . 1519.00 - 1846.00 . . COMMUNICABLE DISEASE TECHNICIAN VFVB . C5-1695 . 2474-00 - 3007.00 . . CYTOTECHNOLOGIST VMVA - C5-1546 . 2.131.00 - 2591.00 . . DENTAL HYGIENIST 1K7B - C5-1352 . 1756.00 - 2134.00 . . DIETETIC TECHNICIAN 1KSA . C5-1500 . 2036.00 - 2474.00 . . DIETITIAN VHWD - C5-1170 . 1464.00 - 1779.00 . DISCOVERY COUNSELLOR I VHW5 - C5-1170 . 1464.00 - 1779.00 . . DISCOVERY COUNSELLOR I - PROJECT VHVB . C5-1310 - 1684.00 - 2046.00 . . DISCOVERY COUNSELLOR II VHV2 . C5-1310 . 1684.00 - 2046.00 - . DISCOVERY COUNSELLOR II - PROJECT V5WD . C5-1308 . 1680.00 - 2042.00 - . ELECTROCARDIOGRAPH TECHNICIAN V4WA . C5-1568 . 2179.00 - 2648.00 . . ENVIRONMENTAL HEALTH INSPECTOR 6CWA . C3-1601 . 2483.00 - 2737.00 . . FORENSIC TOXICOLOGIST I 6CVA . C5-1784 . 2704.00 - 3286.00 . . FORENSIC TOXICOLOGIST 11 6CTA . C5- 1930 . 3129.00 - 3803.00 - . FORENSIC TOXICOLOGIST III V4SC . C5-1735 . 2575.00 - 3129.00 . . HAZARDOUS MATERIALS SPECIALIST V9WD . C5-1289 . 1649.00 - 2004.00 . . HEALTH CARE COUNSELLOR I V9VA . C5-1417 - 1874.00 - 2277.00 . . HEALTH CARE COUNSELLOR II V9TB . C5-1561 . 2164.00 - 2630.00 . - HEALTH CARE COUNSELLOR III VMWA - C5-1617 . 2288,00 - 2781.00 . . HEALTH EDUCATOR VFWE . C5-1274 . 1624.00 - 1974.00 . . HISTOTECHNICIAN V9WE . C5-1405 . 1851.00 - 2250.00 . - HOME ECONOMIST V8WC . C5-1440 . 1917.00 - 2330.00 - . JUNIOR RADIOLOGIC TECHNOLOGIST V09C . C5-1165 . 1456.00 - 1770.00 . . LABORATORY TECHNICIAN V2WC . C5-1601 . 2252.00 - 2737.00 . . MENTAL HEALTH ACTIVITIES SPECIALIST VQWA . C5-1057 . 1307.00 - 1589.00 - . MENTAL HEALTH PROGRAM AIDE CLASS E SALARY LISTING PAGE 11 of 15 HEALTH SERVICES UNIT CLAS LEVEL SALARY RANGE CLASS TITLE VQXA . TA-1224 . 1664.00 - 2130.00 . . * MENTAL HEALTH TREATMENT SPECIALIST VQXA . TA-1224 . 2028.00 - 3010.00 . . * MENTAL HEALTH TREATMENT SPECIALIST VQXA . TA-1224 . 2865.00 - 3491.00 . . * MENTAL HEALTH TREATMENT SPECIALIST V4SD . C5-1893 . 3015.00 - 3665.00 . . OCCUPATIONAL HEALTH SPECIALIST V5VA . C4-1678 . 2554.00 - 2956.00 . . OCCUPATIONAL THERAPIST VYWA . C4-1857 . 3054.00 - 3535.00 . . PHARMACIST I VYTA . C4-1930 . 3285.00 - 3803.00 . . PHARMACIST II VY98 . C5-1256 . 1595.00 - 1939.00 . . PHARMACY TECHNICIAN V5VB . C4-1678 . 2554.00 - 2956.00 . . PHYSICAL THERAPIST V2WA . C5-1671 . 2415.00 - 2935.00 . . PSYCHOLOGIST V2W1 . C5-1671 . 2415.00 - 2935.00 . . PSYCHOLOGIST - PROJECT VMSC . C5-1546 . 2131.00 - 2591.00 . . PUBLIC HEALTH DENTAL HYGIENIST V7VA . C5-1555 . 2151.00 - 2614.00 . . PUBLIC HEALTH EPIDEMIOLOGIST VOWA . C4-1668 . 2528.00 - 2927.00 . . PUBLIC HEALTH MICROBIOLOGIST VVX'A . T9-1760 . 2844.00 - 3640.00 . . * 'PUBLIC HEALTH NURSE V9WB . C5-1597 . 2243.00 - 2726.00 . . PUBLIC HEALTH NUTRITIONIST V5VC . C5-1515 . 2066.00 - 2512.00 . . RECREATION THERAPIST V5WE . C5-1380 . 1806.00 - 2195.00 . . RESPIRATORY CARE PRACTITIONER I V5VD . C5-1516 . 2068.00 - 2514.00 . . RESPIRATORY CARE PRACTITIONER II VFWD . C3- 1751 . 2884.00 - 3180.00 . . SENIOR BIOMEDICAL EQUIPMENT TECHNICI) VFTA . C5-1759 . 2637.00 - 3205.00 . . SENIOR CLINICAL LABORATORY TECHNOLOG'. V4VA . C5- 1641 . 2344.00 - 2849.00 . . SENIOR ENVIRONMENTAL HEALTH INSPECT01 VOTC . C5-1766 . 2656.00 - 3228.00 . . SENIOR PUBLIC HEALTH MICROBIOLOGIST V8VA . C5-1578 . 2201.00 - 2675.00 . . SENIOR RADIOLOGIC TECHNOLOGIST VSVD . C5-1680 . 2437.00 - 2962.00 . . SPEECH PATHOLOGIST V5WF . C5-1406 . 1853.00 - 2252.00 . . THERAPY ASSISTANT V8VB . C5-1578 . 2201.00 - 2675.00 . . ULTRASOUND TECHNOLOGIST CLASS C SALARY LISTING PAGE 12 of 15 [NVESTIGATIVE UNIT CLAS LEVEL SALARY RANGE CLASS TITLE SMWG . C5-1243 . 1574.00 — 1914.00 . . COLLECTION SERVICES AGENT I SMVC . C5-1375 . 1797.00 — 2184.00 . . COLLECTION SERVICES AGENT II 7WWA . C5-1269 . 1616*00 — 1964.00 . . DIVERSION PROGRAM SPECIALIST SMWF . C5-1243 . 1574.00 — 1914.00 . . * FAMILY SUPPORT COLLECTIONS OFFICER—S SMVB . C5-1375 . 1797.00 — 2184.00 . . * FAMILY SUPPORT COLLECTIONS OFFICER—S SMTA . C5-1503 . 2042.00 -- 2482.00 . . * FAMILY SUPPORT COLLECTIONS OFFICER—S 6N7B . C5-1082 . 1340.00 — 1629.00 . . PUBLIC DEFENDER INVESTIGATOR AIDE 6N7A . C5-1213 . 1528.00 — 1857.00 . . PUBLIC DEFENDER INVESTIGATOR ASSISTA 6NWA . C5-1701 . 2489.00 — 3025.00 . . PUBLIC DEFENDER INVESTIGATOR I 6NVA . - 05-1799 . 2745.00 — 3336.00 . . PUBLIC DEFENDER INVESTIGATOR II SMWH . C5-1478 . 1991.00 — 2420.00 . . SENIOR COLLECTION SERVICES AGENT 7WVA . C5-1367 . 1782.00 — 2166.00 . . SENIOR DIVERSION PROGRAM SPECIALIST i r CLASS S SALARY LISTING PAGE 13 of 15 .EGAL AND COURT CLERK UNIT CLAS LEVEL SALARY RANGE CLASS TITLE JPVA . C5-1481 . 1997.00 — 2428.00 . . LEGAL CLERK JPWA . C5-1610 . 2272.00 — 2762.00 . . SUPERIOR COURT CLERK r ' f CLASS E SALARY LISTING PAGE 14 of 15 _IBRARY UNIT CLAS LEVEL SALARY RANGE CLASS TITLE 3KWC . C5-1121 . 1394.00 — 1694.00 . . B03KMENDER 3AHA . XC-16520 2256.00 — 2880.00 . . BRANCH LIBRARIAN 3AWA . XC-1512 . 1962.00 — 2504.00 . . LIBRARIAN 3KVA . XB-1235 . 1487.00 — 1899.00 . . LIBRARY ASSISTANT I 3KTA . XB-1357 1680.00 — 2145.00 . . LIBRARY ASSISTANT II 3AVA . XC-1652 2256.00 — 2880.00 . . LIBRARY SPECIALIST 3AHC . XC-1750 2489.03 — 3177.00 . . SENIOR BRANCH LIBRARIAN i : � r CLASS E SALARY LISTING PAGE 15 of 15 PROBATION UNIT CLAS LEVEL SALARY RANGE CLASS TITLE 7AWA . C5-1372 . 1791.00 — 2177.00 . . DEPUTY PROBATION OFFICER I 7AVA . C5-1586 . 2218.00 — 2696.00 . . DEPUTY PROBATION OFFICER II TATA . C5-1678 . 2432.00 — 2956.00 . . DEPUTY PROBATION OFFICER III 7KWA . C5-1241 . 1571.00 — 1910.00 . . GROUP COUNSELLOR I 7KVA . C5-1385 . 1815.00 — 2206.00 . . GROUP COUNSELLOR II 7KTA . C5-1538 . 2114.00 — 2570.00 . . GROUP COUNSELLOR III 7A73 . C5-1143 . 1425.00 — 1732.00 . . PROBATION AIDE — PROJECT 26SC . C5-1696 . 2476.00 — 3010.00 . . PUBLIC DEFENDER CLIENT SERVICES SPE( 26SB . C5-1179 . 1477.00 — 1795.00 . . PUBLIC DEFENDER LIAISON AIDE r R w CLASS SALARY LISTING PAGE 15 of 15 >ROBATION UNIT CLAS LEVEL SALARY RANGE CLASS TITLE 7AWA . C5-1372 . 1791.00 — 2177.00 . . DEPUTY PROBATION OFFICER I 7AVA . C5-1586 . 2218.00 — 2696.00 . . DEPUTY PROBATION OFFICER II TATA . C5-1678 . 2432.00 — 2956.00 . . DEPUTY PROBATION OFFICER III 7KWA . C5-1241 . 1571.DO — 1910.00 . . GROUP COUNSELLOR I 7KVA . C5-1385 . 1815.00 — 2206.00 . . GROUP COUNSELLOR II 7KTA . C5-1538 . 2114.00 — 2570.00 . . GROUP COUNSELLOR III 7A73 . C5-1143 . 1425.00 — 1732.00 . . PROBATION AIDE — PROJECT 26SC . C5-1696 . 2476.00 — 3010.00 . . PUBLIC DEFENDER CLIENT SERVICES SPEC 26SB . C5-1179 . 1477.00 — 1795.00 . . PUBLIC DEFENDER LIAISON AIDE