HomeMy WebLinkAboutMINUTES - 05011990 - 1.55 THE BOAR® OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on MAY 1, 1990 , by the following vote:
AYES: SuDervisorF Schroder, McPeak, TorlakoFn, Fanden
NOES: None
ABSENT: Supervipor PowerF
ABSTAIN: None
RESOLUTION NO. 90/269
SUBJECT: IN THE MATTER OF APPROVING
THE MEMORANDUM OF UNDERSTkNDING
WITH PROFESSIONAL & TECHNICAL
EMPLOYEES, LOCAL 4512, AFSCME
The Contra Costa County Board of Supervisors RESOLVES THAT:
1 . On May 1 , 1990 the Employee Relations Manager submitted the Memorandum of
Understanding dated April 18, 1990 entered into with Professional &
Technical Employees, Local 512, AFSCME for the following Units represented
by the Union:
Engineering Technician Unit
Income Maintenance Program Unit
Clerical Supervisory Unit
Staff Specialist Unit
2. This Board having thoroughly considered said Memorandum of Understanding,
the same is approved.
3. Salaries and Terms and Conditions of Employment, Local 512 AFSCME. The
Memorandum of Understanding with Professional & Technical Employees, Local
512 AFSCME is attached hereto. Sections 1 through 59 inclusive, and
Attachments A, B, and C 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 will adopt said Ordinance(s) .
5. This Resolution is effective as of July 1 , 1989.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisor on the date shown.
ATTLSTED:
PHIL BATCHELOR,QTerk of the Board
of Supervisors and County Administrator
By — — - - -- .oeputy
Orig. Dept.: Personnel
CC: County Administrator
County Counsel
Auditor-Controller
Social Service Dept.
Public Works
Local 4512, AFSCME
RESOLUTION NO. 90/269
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PROFESSIONAL & TECHNICAL EMPLOYEES, LOCAL 512, AFSCME
EFFECTIVE
JULY 1 , 1989 - SEPTEMBER 30, 1991
� t
TABLE - OF- CONTENTS
PAGE
DEFINITIONS.. . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .1
SECTION - 1 RECOGNITION.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . .3
1 .1 Union Recognition. . . . . . ... . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
SECTION 2 UNION SECURITY. . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . .4
2.1 Dues Deduction. . . . . . . . . . . . .. . . . . . . . . . . . . . . . .4
2.2 Agency Shop. . . . .. . . . . . . . . . . . .. . .. . . . . . .4
2.3 Maintenance of Membership.. . . . . . . .. . .. . . . . .. . . .. . . . .5
2.4 Union Dues Form.. . . . . . . . . . . . . . . .. . . . . . . . . . . . . .6
2.5 Withdrawal of Membership. . . . . . . . . . . . .6
2.6 Communicating With Employees. .. .. . . . .. ...6
2.7 Use of County Mail System... . . . . . . . . ,7
2.8 Use of County Buildings. . . .. . , , ,, ,, , ,,.7
2.9 Advance Notice. . . . . . . . . . . . . . . . . . . . . . . .. . . .. .7
2.10 Written Statement for New Employees. . .. ..... . . . . . . . . ...... ... .. .. ...8
2.11 Section 18 of 1977/79 MOU. .. . . . . . . . . . . . . . . . .. . . .. . . . . . . . . ... ... .8
2.12 P,E.O.P.L.E.. . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . .. . .. . . . . . . . . . .8
SECTION-3 NO DISCRIMINATION.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . ... . . .8
SECTION-4 SHOP-STEWARDS -&-OFFICIAL REPRESENTATIVES. . . . . .. .. . . . ... . .. . ...8
4.1 Attendance at Meetings. , . . .. ......... . . . . ., . . .. . . . . . ,8
. . .. . . . . . . . . . . . . . .. . . . .
4.2 Union Representatives. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
SECTION -5 SALARIES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. ... . . . . .9
5.1 General Wage Increases. . . . . . .. . . . . ,, , , ,,9
5.2 Lump Sum Payment, . . . . .10
5.3 Pay Equity. . . . . . . . . . .. . . • . . . . . .10
5.4 Pay for
5.5 Entrance Salary.. . . . . . . . . . . . . .. . .12
5.6 Anniversary Dates. . . , . . . . . .. .12
A. New Employees. . . . . . . . . .. . .. . . . . . . . .. . . . . . . . . .13
B. Promotions. . . .13
C. Demotions. . . . . . . . .13
D. Transfer, Reallocation & Reclassification. . . . . . . . . .13
E. Reemployments. . . . . �
. . . ... . ....... .... . . .. .. . ... . . . . .. 13
F. Appointment Above Minimum Salary. . . . . . . .. . . . . . . .. . . . . . .13
i
ii
PAGE
SECTJONJ SALARIES- (CONT`D.)
5.7 Increments Within Range. . . . . . . .:.. . . . . . .. . . . . . . . . . . . . . . . .13
5.8 Part-Time Compensation. ... . .... ... . ..... .....14
5.9 Compensation for Portion of.Month & P.I. Compensation. ... ....14
5.10 Position .Reclassification.. ... .. ........ ..... .. . .... ... ......14
5.11 Salary Reallocation & Salary on Reallocation. .. .... . . ........14
5.12 Salary on Promotion. . . . . . . . . . . . . . . . . . . . . . . .. .15
5.13 Salary on Involuntary Demotion. .. . . . . . . . . . . . . . . . . . . . . . . ..15
5.14 Salary on Voluntary Demotion. . . . . . . . . . . . .. . . . . . .16
5.15 Transfer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
5.16 Pay for Work�in Higher�Classification. . . . . . . . . . . . . . . .16
5.17 Payment... . ... . . ... .... ... .. . ... . ... . .. . . . . . . .17
5.18 Pay WarrantsErrors.... .. ... ..... ... . . .. . . . ...... . . . .. . . . . .. . .17
SECTION-6 DAYS&- HOURS-OF WORK. . . . . . . . . . . . . . ... . . . . . ...... . . .... .......18
SECTION -7 OVERTIME-&COMPENSATORY TIME. .. .. . .. . . . . . . . . . .. . . . . .. . . . . . .. .18
7.1 Overtime. ... .. .. . .. . . . .. .... . . . . . . . . . . . . . . . . . . . . . . . . .18
7.2 Compensatory Time. ..... .. . .. ... ............... ... .... . . . . . . . .19
SECTION 8 CALL -BACK-TIME.. . . . . . . .. .. . . ..... .. ..... . .. ....... .. .. . . . .. ..20
SECTION-9 ON-CALL-DUTY.. . . . . . . . . . . . . . . . . .. . . . . ... . . . .. . . . . . . . . . . . .. . . . .20
i
SECTION -10 INCOME-MAINTENANCE PROGRAM UNIT &-CLERICAL SUPVR: -UNIT... . . . .20
SECTION-11 SHIFT-DIFFERENTIAL.. . . . . . .. . . . .... ....... ......... ......... . .21
SECTION-12 SEPARATION THROUGH -LAYOFF.. . . . . . . . . . .. .. . . . ... . . . . . . . . . . . . . . .21
12.1 Grounds for Layoff. . .. .. .. . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . .21
12.2 Order of Layoff. ... . .. . ...... . .. ... ...... ... .... ..... . . . . . . . .21
12.3 Layoff by Displacement... .......... ........ . ..22
12.4 Particular Rules on Displacing. . ....., ............22
12.5 Seniority. . . .. . . . . . . . . . . . . . . . . ..... ....... ...... . ..... . .22
12.6 Eligibility for Layoff List. . . . . . . .. .. .. . . . . . .. .. . . ...... . . .23
12.7 Order of Names on Layoff. .. . . . . . .. . . . . . . . . . . . . . . . . . . . . .23
12.8 Duration of Layoff Rights. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. .23
12.9 Certification of Persons From Layoff. Lists. . . . . . .. . . . . . . . . . . .23
12.10 Removal of Names from Layoff Lists. . . . . . . .. . . . . . . . . . . . . . . .23
12.11 Union Notification. ... . .. . .. . ... . .. . . .. .. . . . . . .. .. . . . .. .. . . . .24
ii
T � i
. I
PAGE
SECTION 13 HOLIDAYS. . . .. . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . .. . . . . . . . . . . . . . . .24
13.1 Holidays Observed. . . . . . . ... . ... . . . . . . . . . . . . . . .. . .. ... . . . .
. . . .. . . ... . . . . . . .. . . . . . . . . . . .24
13.2 Application of Holiday Credit. .. . . .24
13.3 Permanent Part-Time Employees.. . . . . . . . . . .. . .25
13.4 4/10 Shift - Holidays... . . . . . . .. . . . . . . .. . . . . . .25
13.5 9/80 Shift - Holidays. . . . . . . . . . . . . . . . . . . .25
13.6 Accrual of Holiday Time & Credit. . . . . . . . . . . . ... . .. .. . . . . . . . ..25
SECTION 14 VACATION.. . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .26
14.1 Vacation Allowance. . . . . . ... . . . .. . . .26
. . . . . . . . . . . . . . . .
14.2 Vacation Accrual Rates. . . . . .. . . . . . .. ... .. .. . .. . . . . . . . . . ... . . . .. . ... .. .26
.
14.3 Leave Without Pay. . .. . . .. . . . . .. . . . . . . . . . .. . .. . . . . . . . . . .27
14.4 Vacation Allowance for Separated Employees... . . . . . . .27
14.5 Vacation Preference. . . . . . . . . . . . . . .. .. . . . . . . . . . . .27
14.6 Accrual for Permanent Part-Time& Permanent-Intermittent. . . . .27
SECTION- 15 SICK-LEAVE. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . .27
15.1 Purpose. . . . . . . . . . . . . . . . . . . . .27
15.2 Accrual . . . . . . . . . . . . . . . . . . . . .28
A. Temporary Illness orInjury. .. ..28
B. Permanent Disability. . . . . . . .28
C. Communicable Disease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .28
D. Pregnancy. . . . . . . . . . . . . . . . . . .. .28
E. Medical & Dental Appointments. . . . . . . . . . . . . .. . . . . . . . . . . . .29
F. Emergency Care of Family.. . . . . . .. . . . .. . .. . .29
G. Death of Family Member... . .. . . . . .. .. . . .. . . . . . . . .. . . . . . . ... .. 30
15.3 Administration of Sick Leave. .. . . . . . . . . . . . . . . . . .30
15.4 Disability. . . . . . . . . . . .30
15.5 Definition of Immediate Family. . .. ... . . . .. .. . . . . . . . . . . . . . . . . .33
15.6 Leave Without Pay. . . . . . . . . . . .. . .. .33
15.7 Integration of SDI with County Sick LeaveBenefit Program. . . .33
15.8 Disability Insurance Review Committee.. . . . .34
15.9 Employee Annual Health Examination. . . ... . . . . . . . . . . . . . . . . . . . . .34
SECTION- 16 WORKERS ' - COMPENSATION. . . . . . . . . . . . . . . . . . . . ... . . . . . . .. . . . . .. . . .34
SECTION 17 LEAVE-OF-ABSENCE. . . . . . . . . . . . .36
. . . . . . . . . . . . . . . . . . . . . . . .
17.1 Leave Without Pay. . . . . . . . . . . . . . . . . . . . . . . . . .36
17.2 Military Leave. . . .. . .. .37
17.3 Leave of Absence Replacement. . .. . . .. .. . .. . . . . . . . . . . . .37
17.4 Leave of Absence Return. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37
17.5 Salary Review While on Leave of Absence. . . . ... . . . . ...... . . . . . . . .37
17.6 Unauthorized Absence. . . . . . . . . . . . . . . . . .. . . . . .. . . . . .. . . . .. . . . . .37
iii
J �
PAGE
SECTION-18 JURY-DUTY-AND-WITNESS -DUTY... . .. . . .. .. . . . . . . . . . . . . . . . . . . . . . . .38.
18.1 Jury Duty. . .,. . . . . . .. ... . . . . . . . .. . . . . . .. . . . . . . .38
18.2 Witness Duty. . . . . .. . . . ...... ..... ........ .. .. ... .... .. .. .. .. .38
SECTION-19 HEALTH-AND-WELFARE;-LIFE-AND DENTAL-CARE..... ....... . ... .....38
19.1 County Programs. . . . . . . . . . . . . . ... . .. ... . . . . . . . . . . . . . .. .38
19.2 Health Plan Options&Rates. . . , . . . . . . . . . .. . . . . ... . . . . .39
19.3 Increased Costs. .. . . . .. . . . . . . .. . .. . . . . . . . . . . . . . . . . . .40
19.4 Medicare Rates.. . . . . . . . . . . . .. . . ... . . . . .. . . . . .. . . .40
19.5 Partial Month. . . .. . . . .. .. . ... ...... . . . . . . . . .., . . . . . .41
19.6 Coverage During�Absences............... . ... .. . ...... .41
19.7 Retirement Coverage. ... . . .. ....... ........ . . .. .... ..... ... .. .... .41
19.8 Dual Coverage. ... . . . . ........ .... ..... .......... ......... ... .41
SECTION-20 PROBATIONARY-PERIOD.. . . . . . . . . . . . . . . . ... . . . . . . . .. .. . . . . . . . . . . .42
20.1 Duration. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . ..42
20 .2 Classes With�Probation�Periods�Over Six.
. .. .. . . . . .. . . .42
20.3 Revised Probationary Period.. . ... .. ....... .. ... . ...... . ... .42
20.4 Criteria... •
. , .... . . ... ............. ... . . ...... .. .... . .42
20.5 Rejection DuringProbation. .... .. . .. .... ........ .......... . .42
A. Appeal From Rejection. ... . . . . ... ..........42
20.6 Regular Appointment. . . . .. . . . . . . . . . . . . ., ...43
20.7 Layoff During Probation. . . . . . . . . . ... . . . . .. . . . .. . .43
20.8 Rejection During Probation of Layoff Employee. . . . . . . . . . .. . . . .44
SECTION-21 PRO�„MOTION... ... .. . .... .. .. .. . .. .. ...................... . .. . . .44
21 .1 Competitive Exam. ... ,. . . .... . .. . ....... .., .. .. .44
21 .2 Promotion Policy. ... . . .. . . . . . .. . ........... ... ... . ..44
21 .3 Open Exams. . . . . . . . . . . . . .. . . . .. .. . . . .. . .44
21 .4 Promotion Via Reclassification Without Examination. .. . .. . ... . . .44
21 .5 Requirements for Promotional Standing. .. .,... , . . . . , . . . . . . . .44
21 .6 Seniority Credits.. . . . . . . . . . . . ... . . .. . . . . . . .. . . . . . . .. .45
21 .7 Denial of Request for Reclassifiction. . . . . . . . ... . . . . . . . . . . . . . .45
21 .8 Physical Examination Requirement............. ......... . . . . .. .45
SECTION-22 TRANSFER... . .. . . . . . . . . . . . .... . . .. . . ....... ...... . .... .. .. ., ...45
22.1 Requirements. . .. . . . . . . . . . . . . . . . . ... .. . .. .. . . . . . . . . . . . .. .,45
22,2 Notifying the Director of Personnel . ... .... .. . . . . . . . . . . . . . . . .45
22.3 Monthly Transfer List. .. . . . . . . . .. . . .. . .. . . . . . . . . . ... . . . . . .46
22.4 Reassignment of Work .Location. . .. . . .. . . . . . . . . .. . ... . . . . . . . . . . .46
iv
i
i,
i'
1 ` '
PAGE
SECTION 23 RESIGNATIONS........ . .. . . . ... ................ .. ......... .....46
23.1 Resignation in Good Standing.,, . .. . . . . . . . .. .. .... .. .o. .. . . . .46
23.2 Constructive Resignation. . . . . . . ... .. . . . . . .. . . . . . . .. . . . ... .. . .46
23.3 Effective Resignation. . . . . . .46
23.4 Revocation. . . . .. . . . . . . . . . . . . .47
23.5 Coerced Resignations. .. . . ... . . . . . . .. . . . . . . . . ..47
A. Time limit... ., . ,. .. .. ..:... ... . ... . . . ... . . .. .47
B. Reinstatement. ........... .. .. ... ... .47
C. Contest.. . . .... ... . .......... .. ....47
D. Disposition. ... . .. ... . . ... .. .. . . ... .... . .... ........ .. . ..47
23.6 Eligibility for Reemployment. . . .. .. . .. .. ... ...... .... ... ... . .47
SECTION-24 DISMISSAL;-SUSPENSION AND-DEMOTION. . . . ... . .. . . . . . . . . . . . . . . . . .47
24.1 Sufficient Cause for Action. ...,..... .. . .. . . . . . . .. »47
24.2 Skelly Requirements. ..... . .. . ....'.... ...... ..... ..... ., ..48
24.3 Leave Pending Employee Response. . . ............ .........49
24.4 Length of Suspension,... . .. . ... . :.. .. .,,..... ...,.. . ., ..49
24.5 Procedure on Dismissal , Suspension or�Disciplinary Action. . . .49
SECTION -25 GRIEVANCE PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .50
25.1 Definition and Procedural Steps. .. . . . . . . . . . . . . . . . . . . . . . .50
25.2 Scope of Adjustment Board and Arbitration Decisions. . . .. .. .. .51
25.3 Time Limits.. ... . . .... ,. . ........... .,..51
25.4 Union Notification.. ...... .. ... . . ..... .........., ... ......51
25.5 . Compensation Complaints.. . . .. .'.... .. . . .......... . .. ... ...51
25.6 No Strike. . .. . . . . . .. . . . . . .. . . .. . .. . . . . . . . .. . .. . »52
25.7 Merit Board. . . . . . . . . . . . . . . . . . . . .. .. . . . .. . . . . .. ... . . .52
25.8 Filing by Union. . . . . . . . . . + . . . ... . .. ... . .52
25.9 Disputes Over Existence ofGrievance. . . . . . .. . . . .. . .. . . . . . .52
25.10 Disqualification From Taking an Examination. .. . . . .. . . . . . . . . . .52
SECTION-26 BILINGUAL-PAY.. .... . . ......... ...... ... .. ........... ... ... .. .52
SECTION-27 RETIREMENT CONTRIBUTION.. . . . . . . . . . . . . . . . . . . .. . .... . . . . . . . . .. .53
SECTION-28CLASSIFICATION..... . . ....... . . . ... .... . . . . . . ..... . . .. . . . . . . . .53
SECTION-29 REIMBURSEMENT.... . ... . .. ... .. ..... ...... ... ............ ... . ..53
29.1 Training Reimbursement. . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . .53
29.2 Personal Property Reimbursement.... . . . . . . . . . . . . . . . ..53
29.3 Reimbursement For Meals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54
i v
PAGE
SECTION-30 SAFETY-SHOES -AND-PRESCRIPTION -SAFETY-EYEGLASSES.. . .. . .. . . . . ..54
SECTION-31 SAFETY.. . . ... . ... . . . . . . . . . .. . . ...55
SECTION-32 MILEAGE..... ..... .. .. .................. .......... .... ...... ..55
SECTION-33 STAGGERED-WORK-SCHEDULE.. . . . . . .. . .... . . . ... . . . . . . . . . . . . . . . . . .56
SECTION-34 MEAL-PERIODS. . . . . . . . . .. . . . . .. . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . .56
'i
SECTION ,35 PERFORMANCE- EVALUATION..... . ... . ..... . . . .. .... .... .......... .56
SECTION 36 DISCIPLINARY-ACTIONS.. . . . . .. . . . . . . . . . . .. ... .. . . . . .. . .. . � . ...57
SECTION-37 PERSONNEL- FILES. . . . . . . . . . . . . . . . . .. . . . .. . . ... .. . . . . . . . . . . . . . . .57
SECTION-38 SERVICE AWARDS. .. ..... .. .... .... . ...... .... .. ... ..... . .. .. ...57
SECTIOW 39 REASSIGNMENTS.. . . . . . . . . . . . . . . . . . ... . . . . . . . . . .. . ... .. .. . ... . .57
39.1 Request for Reassignment. . .. . . . . . . . .. . . . . . . . .57
39.2 Involuntary Reassignments. . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . .58
SECTION-40 UNFAIR-LABOR -PRACTICE R-PRACTICE... .. .... ........... ... .. .. . .......:.. . .58
i.
SECTION -41 LENGTH-OF-SERVICE -DEFINITION.. . . .. .. .. . . .. . . . . . . . .. . . . .. . . .58
SECTION-42 PERMANENT-PART-TIME-EMPLOYEE,BENEFITS.... . . .. . . . . . . . . . . .. . . . .59
SECTION-43 PERMANENT-INTERMITTENT- EMPLOYEE-BENEFITS.... .. .. ....... ......59
SECTION-44 PERMANENT-INTERMITTENT-EMPLOYEE HEALTH-PLAN... .... . . . . . ... ...59
SECTION-45 PROVISIONAL-EMPLOYEE-BENEFITS..... . . . .. . . . . . . . . . . . . . . . . . . . . . .59
vi
` PAGE
SECTION-46 FLEXIBLE -WORKWEEK. . . .. . . . . . . . . . . . . . . . . . . . . .. .......... . .. .. ..59
SECTION-47 ENGINEERING-TECHNICIAN ADVISORY-COMM. -&-BIDDING PROCEDURE.. . .60
SECTION-48 VDT-DIFFERENTIAL&USERS EYE EXAMINATION......... ....... .. ...61
SECTION-49 WORD-PROCESSING-DIFFERENTIAL.. . . . . . . . . . . . . . .. ....... .. . . ... ..62
SECTION-50 SHERIFF'S-DEPT:.-SHIFT -&-HOLIDAY-AGREE�MENTT.. . . .. . .. . . . . . . . . . . .62
SECTION-51 MEALS.. ... ........... ....... . . . . . . . . ....... . .. ..... . .. .. ... . .62
SECTION-52 DEPENDENT-CARE.. . . . . . . . . . . . . . . . . . . . . . .. ... ......... .. .. .. . ...62
SECTION-53 SPECIAL-STUDIESJPROJECTS. . . . . . . . .. . . . . . . . . .. . . .. . . . . . . . . . . . . .62
SECTION -54 SPECIAL-BENEFITS ---SOCIAL SERVICE-STAFF-SPECIALISTS` -UNIT. . . .63
SECTION-55 ADOPTION_.. . . . . . . . . . . . . . . . . . . . . .. . . . .. . :. . . ...... .......... .. .64
SECTION 56 DURATION -OF-AGREEMENT. . ..... . . . . . . . . . .. . . . . . . ... . . . . . . . . . . . . . .64
SECTIW 57 SCOPE-OOF-AGREEMENT-&-SEPARABILITY-OF-PROVISIONS.. ... .. . . . . .. .65
57.1 Scope of Agreement. . . .. ... .. . ...... . ... ... . .65
57.2 Separability of Provisions. . . .. . . .. .... . . . . . ............ .....65
SECTION-58 PERSONNEL-MANAGEMENT-REGULATIONS. . . . . . . . . . . . . . .. . .. . . . . . . . . . .65
SECTION-59 PAST-PRACTICES-& EXISTING-MEMORANDA OF-UNDERSTANDING..... . . . .65
i
i
ATTACHMENT A - SENIORITY ISSUES
ATTACHMENT B - PROJECT EMPLOYEES t
ATTACHMENT C - CLASS & SALARY LISTING
i vii
i
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PROFESSIONAL AND TECHNICAL EMPLOYEES,
LOCAL 512, AFSCME, AFL-CIO
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., 1989 and ending
September 30, 1991 .
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. "Alternative Work Schedules" means one or more of the following:
1 . 9/80 : Eight nine-hour work days plus an eight-hour work day with one
day off within a two week work period.
2. 4/10: Four ten-hour work days within the work week.
3. 5/8: Five eight-hour work days within a work week where the work hours
are other than the standard 8:00 a.m. to 5:00 p.m. (also known as "flex
time") .
Meal breaks for any of the above schedules may be either 1/2 hour or 1
hour.
B. "Appointing -Authority" means Department, Head unless otherwise provided by
statute or ordinance.
1
v
' u
`
' .
C "Class" means a group of positions sufficiently similar with respect to the
duties and responsibilities that similar selection procedures and qualifi-
cations may apply and that the same descriptive title may be used to
designate each-.position allocated to the group.
D ' -Title" means the designation given to a class, to each position
allocated to the class, and to the employees allocated to the class.
E "County" means Contra Costa County.
F. "Demotion" means the change of d permanent employee to another position in
a class allocated to a salary range for which the top step is lower than
the top step of the class which the employee formerly occupied except as
provided for under "Transfer" or as otherwise provided for in this
Memorandum of Understanding, in the Personnel Management Re, gWldtiOn5, Or in
specific resolutions governing deep classifications.
G o means the person designated by the County
Administrator to serve as the Assistant County Administrator-Director of
Personnel .
H " means any. perSOn whose name is on On employment or reemployment
or layoff list for a given class.
'
I who is incumbent f iti �h i
,
"Employee" means d person o an � d position �r 0 s on
leave of absence in accordance with provisions of this Memorandum of
Understanding and whose position is held pending his/her return.
J
"EmployTent -List" means O list of persons who have been found qualified
for employment in d specific class.
K. o means a list .Of persons Who have occupied positions allocated
to a----- ass in the Merit System and Who have been involuntarily separated by
layoff or displacement or have voluntarily demoted in lieu of layoff.
L "Permanent- Intermittent -Position" means any position which requires the
services of an incumbent for an indefinite period but on an intermittent
basis, as needed* paid on an hourly basis.
M. -Position" means any position which will require the
services of an incumbent for an indefinite period but on a regularly sche-
duled less than full-time basis.
N -Position" means any position which has required, or which Will
require
the services of an incumbent without interruption, for an indefi-
nite period.
0 o means an employee who is engaged in a time-limited
program or service by reason of limited or restricted funding. Such posi-
tions are typically funded from outside sources but may be funded from
County revenues.
P. "Promotion" means the change Of a permanent employee to another position in
a- c�.dsS al]Vcated to a salary range for which the top step is higher than
2
the top step of the class which the employee formerly occupied, except as
provided for under "Transfer" or as otherwise provided for in this
Memorandum of Understanding, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Q. "Position" means the assigned duties and responsibilities calling for the
regular full-time, part-time or intermittent employment of a person.
R. "Reallocation" means the act of reassigning an individual position from 'one
class to another class at the same range of the salary schedule or to a
class which is allocated to another range that is within five (5) percent
of the - top step, except as otherwise provided for in the Personnel
Management Regulations , deep class resolutions or other ordinances.
S. "Reclassification" means the act of changing the allocation of a position
by raising it to a higher class or reducing it to a lower class on 'the
basis of significant changes in the kind, difficulty or responsibility of
duties performed in such position.
T. "Reemployment -List" means a list of persons,. who have occupied positions
allocated to any class in the merit system and, who have voluntarily
separated and are qualified for consideration for reappointment under the
Personnel Management Regulations governing reemployment.
U. "Resignation means the voluntary termination of permanent employment with
the County.
V. "Temporary Employment" means any employment which will require the services
of an incumbent for a limited period of time, paid on an hourly basis, ;not
in an allocated position or in permanent status.
W. "Transfer" means the change of an employee who has permanent status in a
position to another position in the same class in a different department,
or to another position in a class which is allocated to a range on ;the
salary plan that is within five (5) percent at top step as the class pre-
viously occupied by the employee.
SECTION -1 —RECOGNITION
1 .1 Union Recognition. The Union is the formally recognized employee organiza-
tion for the representation units listed below, and such organization has been
certified as such pursuant to Chapter 34-12 of Board Resolution 81/1165.
A. Engineering Technician Unit
B. Income Maintenance Program Unit
C. Clerical Supervisory Unit
D. Social Service Staff Specialist Unit
3
SECTION 2 - UNION SECURITY
2.1 Dues -Deduction. Pursuant to Chapter 34-26 of Board Resolution 81/1165,
only a majority representative may have dues deduction and as such the Union has
the exclusive privilege of dues 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 the Engineering Technician 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 circumstan-
ces 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
.3do 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
2.2.6.2 to a nonreligious, nonlabor, 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 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 a fee payor 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.B.2 shall not apply during periods that
4
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. The Union shall provide the Director of Personnel with copies of a
financial report patterned after Form LM-2 pursuant to the Labor
Management Disclosure Act of 1959. Such report shall be available to
employees in the unit. Failure to file such a report not later than
June 1 of each calendar year shall result in the termination of all
agency fee deductions without jeopardy to any employee, until said
report is filed.
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 pro-
vision and the union dues, agency shop fee, initiation fee or
charitable contribution required under Section 2.2.6.3 are not
received, 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, judgments, or other forms
of liability that arise. out of or by reason of this union security sec-
tion 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.
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 2.3 and
2.4 shall apply to dues-paying members of the Union.
2.3 Maintenance of Membership. All employees in the Income Maintenance Unit,
Clerical Supervisory Unit, and Staff Specialist Unit who' are currently paying
dues to the Union and all employees in that unit 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 represent the class to which the employee is
assigned, unless the employee has exercised the option to cease paying dues in
accordance with Section 2.5.
5
I
2.4 Employees hired into classifications assigned in bargaining units cited in
Section 2.3 above shall , as a condition of employment at the time of employment,
complete a. Union dues authorization form provided by the Union and shall have
deducted from their paychecks the membership dues of the Union. Said employee
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 volun-
tarily 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
authori zati on form which shall be deemed proper notice of his or her right to
revoke said authorization.
2.5 Withdrawal -of-Membership. By notifying the Auditor-Controller' s Office in
writing, between April 1 , 1989 and April 30, 1989, any employee assigned to a
classification in the Income Maintenance Unit and Supervisory Clerical Unit may
withdraw from Union membership and discontinue paying dues as of the payroll
period commencing May 1 , 1989, discontinuance of dues payments to then be
reflected in the May 10th paycheck. 'Immediately upon the 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.
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 repre-
sented by the Union, provided the communications displayed have to do. with mat-
ters within the scope of representation and further provided that the employee
organization appropriately posts and removes the information. The Department
Head reserves the right to remove objectionable materials after consultation
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
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.
6
i
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 -S-ystem. 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 nor-
mally used for meeting purposes for meetings of County employees during non-work
hours when:
A. Such space is available and its use by the Union is scheduled twenty-four
(24) hours in advance;
B. there is no additional cost to the County;
C. it does not interfere with normal County operations;
D. employees in attendance are not on duty and are not scheduled for duty;
I
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.
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 designated by the .Board, and to
meet with the body considering the matter.
7
i
i
i
i
The listing of an item on a public agenda, or the mailing of a copy of a propo-
sal at least seventy-two (72) hours before the item will be heard, or the deli-
very of a copy of the proposal at least twenty-four (24) hours before the item
will be heard, shall constitute notice.
In cases of emergency when the Board, or boards and commissions designated by
the Board, determines it must act immediately without such notice or meeting, it
shall give notice and opportunity to meet as soon as practical after its action.
2.10 Written Statement for New Employees. The County will provide a written
statement to each new employee hired into a classification in any of the
bargaining units represented by the 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 Section 18 of the 1977-1979 Memorandum of Understanding between the County
and Associated County Employees/AFSCME shall continue for the duration of this
Memorandum of Understanding. i
2.12 P.E.O.P.L.E. Employees in classifications represented by Professional &
Technical Employees, Local 512, AFSCME, may make voluntary, monetary monthly
contribution to P.E.O.P.L.E., said contributions to be deducted from employees'
pay by the County and remitted to A.F.S.C.K.E. , P.E.O.P.L.E. (Public Employees
Organized to Promote Legislative Equality).
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because ofjrace, creed, color, national origin,
sex, 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 discrimination
because of age. There shall be -no discrimination against any handicapped person
solely because of such handicap unless that handicap prevents the person from
meeting the minimum standards established for the position, or from carrying out
the duties of the position safely. There shall be no discrimination because of
Union membership or legitimate Union activity against any employee or applicant
for employment by the County or anyone employed by the County.
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;
B. if their attendance is sought by a hearing body or presentation of testi-
mony or other reasons;
C. if their attendance is required for meeting required for settlement of
grievances filed pursuant to Section . 23 - Grievance Procedure of this
Memorandum;
8
i'
i
f t
i
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;
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;
F. to attend examination appeal board hearings to assist an employee in making
a presentation.
4.2 Union Representative. Official representatives of the Union shall be
allowed time off on County time for meetings during regular working hours when
formally meeting and conferring in good faith or consulting with the Employee
Relations Officer or other management representatives on matters within the
scope of representation, provided that the number of such representatives shall
not exceed two (2) without prior approval of the Employee Relations Officer, and
that advance arrangements for the time away from the work station or assignment
are made with the appropriate Department Head.
Engineering Technician Unit - 2
Income Maintenance Unit - 2
Clerical Supervisory Unit - 2
Staff Specialist Unit - 2
SECTION 5 - SALARIES
5.1 General Wage Increases
A. Effective December 1 , 1989 employees in the Income Maintenance Program
Unit and the Clerical Supervisory Unit shall receive a general wage
increase of 3.5% on the County Salary Schedule.
B. Effective December 1 , 1989 employees in the Engineering Technician and
Social Service Staff Specialist Unit shall receive a general wage
increase of 4% on the County Salary Schedule.
C. Effective January 1 , 1990 each represented classification shall receive
a general wage increase of 2% on the County Salary Schedule.
D. Effective October 1 , 1990 each represented classification shall receive
a general wage increase of 5% on the County Salary Schedule.
E. Effective January 1 , 1990 employees in the Income Maintenance Unit
shall receive a wage increase of 2.5% in lieu of pay for performance.
F. Effective January 1 , 1990 employees in the Income Maintenance Unit and
the Clerical Supervisory Unit shall receive a pay equity adjustment of
1 .5% on the County Salary Schedule.
9
i.
G. Effective January 1 , 1990 employees in the Social Service Staff
Specialist Unit shall receive a pay equity adjustment of 2% on the
County Salary .Schedule.
H. Effective January 1 , 1990 employees in the Income Maintenance Program
Unit and the Clerical Supervisory Unit with ten or more years of County
service shall be eligible to.. receive a. longevity. pay differential of
2.5% of base pay.
I . Effective January 1 , 1991 employees in the Engineering Technician Unit
shall receive an equity adjustment of 1% on the County Salary Schedule.
J. Effective January 1 , 1991 employees in the Income Maintenance Unit and
the Clerical Supervisory Unit shall receive a pay equity adjustment of
.5% on the County Salary Schedule.
K. Effective January 1 , 1991 employees in the Social Service Staff
Specialist Unit shall receive a pay equity adjustment of 1% on the
County Salary Schedule.
5.2 Lump-Sum Payment
In lieu of a retroactive pay requiring special payroll recomputation pro-
cessing back to July 1 , 1989, the County will make a "lump sum payment" to
each employee for the months of July, August, September, October, and
November, 1989 computed as follows: Employee regular pay, overtime pay and
specific other earnings ordinarily computed as a percentage of base pay
will be added together for each applicable pay period to determine the
"Retro Pay Base" (RPB) . For employees in the Income Maintenance Unit and
Clerical ',Supervisory Unit, this base will then be multiplied by 3.5% to
arrive at the employee' s lump sum payment. For employees in the
Engineering Technician Unit and the Social Service Staff Specialist Unit
the "Retro Pay Base" (RPB) will then be multiplied by 4% to arrive at the
employee' s lump sum payment. The payment amount thus computed will be
added to :the employee' s January 10, 1990 paycheck where it will be . listed
separately as a "LUMP SUM PAYMENT" and will be subject to normal tax with-
holding and retirement deduction requirements.
If an employee believes there is an underpayment resulting from this metho-
dology exceeding $30.00, the employee should contact the Personnel
Department. The Personnel Department and the Auditor' s Office will
investigate and issue/generate the additional pay, if owed, as soon as
possible.
5.3 Pay -Equity
A. A pay equity study using point factor methodology will be carrried out
by the County using County Staff and resources. The County shall
attempt to complete the study as early as possible, but no later than
March 1 , 1991 .
B. Recommendations from the Pay Equity Study shall be submitted to the
Board 'of Supervisors for approval .
10
T
C.. 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 per-
cent of the general payroll increase.
D. Pay Equity Adjustments resulting from the study shall be subject to
meeting and conferring for a successor Memorandum of Understanding com-
mencing October 1 , 1991 .
E. Each participating union will promise not to bring or support com-
parable worth or pay equity litigation against Contra Costa County or
any agent, servant, officer, or employee of- Contra Costa County and
further promise that in the event litigation advancing comparable worth
or pay equity claims is brought against the County or any of its
agents, servants, officers, or employees, within five years from the
effective date of this agreement, by any person(s) employed or formerly
employed in a class(s) represented by the participating unions, the
union(s) representing such class(s) shall pay 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.
5.4 Pay for -Performance. The Social Service Department shall continue the Pay
for Performance plan for the Social Service Staff Specialist Bargaining Unit.
The elements included in this plan are:
A. Anniversary dates for incumbents of the classes in the Bargaining Unit
(currently Social Service Program Analyst and Children's Services Program
Specialist) shall be set on January 1 .
Upon successful completion of probation, an incumbent of either of these
classes shall have an anniversary date assigned in accordance with the pro-
visions of Section 5.6 of this Memorandum of Understanding. On the suc-
ceeding day, the incumbent shall be given a new anniversary date of January
1 . All persons transferred or demoted to either of these classes shall
have their anniversary date changed to January 1 upon their appointment.
B. Performance -Evaluations. The appointing authority or designee will conduct
performance evaluations annually prior to the employee' s anniversary date.
Peformance evaluations will be based on standards for satisfactory perfor-
mance. Based on those performance evaluations, effective on an employee's
anniversary date, a Salary Review Report will grant or deny a regular merit
increment.
C. Pay- -for - Performance -Eligibility. An employee must have satisfactorily
completed probation on or before December 31 in any calendar year to be
eligible to participate in the Pay for Performance Program effective the
following January 1 . An employee who qualifies for a regular salary review
under Section 5.7 of this Memorandum of Understanding can participate in
the Pay for Performance Program if the employee also receives an overall
evaluation of "Meets Standards" on the regular performance evaluation prior
11
to the January 1 . anniversary date and has no individual performance stan-
dard items identified on the performance evaluation as "Below. Standard" or
"Improvement Needed".
D. Pay -for--Performance -Assessment. The appointing authority or designee will
conduct Pay for Performance Assessments on all eligible employees. Based
on criteria established by the appointing authority related to the last
year' s performance, an employee may receive a lump sum pay for performance
award of 0%, 2.5% or 5% as determined below. The decision of the
appointing authority is final .
E. Amount. Pay for Performance Program eligible employees may be awarded per-
formance pay of 5% or 2.5% of their base pay as of January 1 of a calendar
year, or may not be awarded any performance pay (0%) . An eligible employee
who has been on a Leave of Absence for a portion of the calendar year
(January 1 - December 31 ) shall have the percentage performance pay amount
awarded (if any) reduced by the pro-rated portion of the year actually not
worked, rounded to the nearest whole month. (Calculation: base monthly
salary x PP% x 12 (x pro-rated months, if any) = Performance Pay).
F. Effective -Date. Pay for Performance shall be effective January 1 each year
and shall be paid as a lump sum in a separate performance pay warrant on
February 25 each year if the Retirement Board excludes the payment from
Retirement "Salary".
G. Social. -Service -Personnel Office. The Personnel Office will prepare a list
of the bonus amounts to be awarded to individual employees and no later
than January 31st submit the list to the County Personnel Department. The
Social Service Personnel Office shall notify each employee of the results
of the Request for Pay for Performance, which results are not grievable or
appealable.
H. County. -Personnel -Department. The County Personnel Department will check
the list submitted by the Social Service Department and certify the Pay for
Performance to Payroll for payment on the February 25th payroll .
I . Overall- -Performance -Standards . Overall Performance Standards agreed upon
between the County and AFSCME 512 for these classes are available for
review in the Social Service Personnel Office and are attached hereto for
reference only.
J. Pay - for- Performance Guidelines . The Pay for Performance Guidelines for
assessing performance which merits a Pay for Performance award have been
agreed upon between the County and AFSCME 512 and are available for review
in the Social Service Personnel Office and attached hereto for reference
only.
5.5 Entrance_Salary. New employees shall generally be appointed at the minimum
step of the salary range established for the particular class of position to
which the appointment is made. However, the appointing authority may fill a
particular position at a step above the minimum of the range.
5.6 Anniversary 'Dates. Except as may otherwise be provided for in deep class
resolutions, anniversary dates will be set as follows:
I
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 suc-
cessfully 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 (6) months service.
B. Promotions . The anniversary date of a promoted employee is determined
as for a new employee in Subsection 5.6.A above.
C. Demotions . The anniversary of a demoted employee is the first day of
the calendar month after the calendar month when the demotion was
effective.
D. Transfers Reallocation and Reclassification. The anniversary date of an
employee who is transferred to another position or one whose position
has been reallocated or reclassified to a class allocated to the same
salary range or to a salary range which is within five (5) percent of
the top step of the previous classification, remains unchanged.
E. 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 success-
fully completes the required probationary period.
F. Notwithstanding other provisions of this Section 5, the anniversary of
an employee who is appointed to a classified position from outside the
County' s merit system at a rate above the minimum salary for the
employee' s new class, or who is transferred from another governmental
entity to this County' s merit system, is one (1 ) year from the first
day of the 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 anniversary is one (1 ) year after the
first calendar day of that month.
5.7 Increments Within Range. The performance of each employee, except
employees already at the maximum salary step of the appropriate salary range,
shall be reviewed on the anniversary date as set forth in Section 5.6 to deter-
mine whether the salary of the employee shall be advanced to the next higher
step in the salary range. Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on satisfactory performance by
the employee. The appointing authority may recommend denial of the increment or
denial subject to one additional review at some specified date before the next
anniversary, such date to be set at the time the original report is returned.
This decision may be appealed through the grievance procedure.
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
I
13
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.
5.8 Part-Time-Compensation. A part-time employee shall be paid a monthly
salary in the same ratio to the full time monthly rate to which the employee
would be entitled as a full time employee under the provisions of this Section 5
as the number of hours per week in the employee' s part-time work schedule bears
to the number of hours in the full time work schedule of the department.
5.9 Comjensation for Portion of Month and -Permanent-Intermittent Compensation.
Any employee who works less than any full calendar month, except when on earned
vacation or authorized sick leave, shall receive as compensation for services an
amount which is in the same ratio to the established monthly rate as the number
of days worked is to the actual working days in such employee' s normal work
schedule for the particular month; but if the employment is intermittent, com-
pensation shall be on an hourly basis, which is calculated on the number of
hours in the month worked plus five (5) percent above the salary step earned.
5.10 Posi-tion -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 -5:12 - .Salary on Promotion.
5.11 Salar -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 previously allocated.
If the reallocation is from one salary range with more steps to a range
with fewer steps or vice versa, the employee shall be compensated at
the step on the new range which is in the same percentage ratio to the
top step of the new range as was the salary received before realloca-
tion to the top step of the old range, but in no case shall any
14
it
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 sche-
dule, apart from the general salary increase or decrease described in
5.11 .A above, each incumbent of a position in the reallocated class
shall be placed upon the step of the new range which equals the rate of
pay received" before the reallocation. In the event that the steps in
the new range do not contain the same rates as the old range, each
incumbent shall be placed at the step of the new range which is next
above the salary rate received in the old range, or if the new range
does not contain a higher step, at the step which is next lower than
the salary received in the old range.
C. In the event an employee is in a position which is reallocated to a
different class which is allocated to a salary range the same as above
or below the salary range of the employee' s ;previous class, the incum-
bent 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 contain a higher step, the incumbent shall be
placed at the step which is next lower than the salary received in the
old range.
D. In the event of reallocation to a deep class, the provisions . of the
deep class resolution and incumbent salary allocations, if any, shall
supercede Section 5.11 .
5.12 Salary-on -Promotion. Any employee who is appointed to a position of a
class allocated to a higher salary range than the class previously occupied,
except as provided under Section 5.14, shall receive the salary in the new
salary range which is next higher than the rate received before promotion. In
the event this increase is less than five (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.
5.13 Salary. on -Invol-untary'-Demotion. Any employee who is demoted, except as
provided under Section 5.14, shall have his/her salary reduced to the monthly
salary step in the range for the class of position to which he/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.
15
5.14 Salary an Voluntary -Demotion. Whenever any employee voluntarily demotes
to a position in a class having a salary schedule lower than that of the class
from which he or she. demotes, his or her salary shall remain the same if the
steps in his or her new (demoted) salary range permit, and if not, new salary
shall be set at the step next below former salary.
5.15 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 appropirate 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.
5.16 Pay- for Work -in Higher -Classification. When an employee in a permanent
position in the merit system is required to work in a classification for which
the compensation is greater than that to which the employee is regularly
assigned, the employee shall receive compensation for such work at the rate of
pay established for the higher classification pursuant to Subsection -5,12
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 posi-
tion 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 substi-
tute for regular promotional procedures provided in this Memorandum.
5. Higher pay assignments shall not exceed six (6) months except through
reauthorization.
16
I
. I
1 1
I
6. If approval is granted for pay for work in a higher classification and the
assignment is terminated andlater reapproved for the same employee within
thirty (30) days no additional waiting period will be required.
7 . Any incentives (e.g. , the education incentive) and special differentials
(e.g. , bilingual differential and hazardous duty differential ) accruing to
the employee in his/her permanent position shall continue.
8. During the period of work for higher pay in a higher classification, an
employee will retain his/her permanent classification, and anniversary and
salary review dates will be determined by time in that classification.
9. Allowable overtime pay, shift differential and/or work location differen-
tials will be paid on the basis of the rate of pay for the higher class.
5.17 Pan ent. 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
employee' s option, of the employee' s basic salary of the previous month except
that it shall not exceed the amount of the previous month' s basic' salary less
all requested or required deductions .
The election to receive an advance shall be made on or before April 30 or
October 31 of each year or during the first month of employment by filing on
forms prepared by the Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the month following the
deadline for filing thenotice and shall remain effective until revoked.
In the case of an election made pursuant to this Section, all required or
requested deductions from salary shall be taken from the second installment,
which is payable on the tenth (10th) day of the following month.
5.18. Pa_y -Warrant Errors . If an employee receives a pay warrant which has an
error in the amount of compensation to be received and if this error occurred as
a result of a mistake by the Auditor-Controller' s Department, it is the policy
of the Auditor-Controller' s Department that the error will be corrected and a
new warrant issued within 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 two (2) year 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
17
authority or designee, the Director of Personnel or designee, or the
Auditor-Controller or designee.
Recovery of fraudently accrued over or underpayments are excluded -from this sec-
tion 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 -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. 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, and encompassing the
complete operational cycle contemplated.
The work week for employees in the "4/10" shift is four (4) . ten (10) hour
working days during a work week consisting of any seven (7) day period. If the
County wants to eliminate any existing "4/10" shift and substitute a "5/8" shift
or to institute a "4/10" shift which does not allow for three (3) consecutive
days off (excluding overtime days or a change of shift assignment), it will meet
and confer with the Union prior to implementing said new shift.
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
(1/2) 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 accumulation 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.
18
i
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.
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 attained, authorized
overtime hours will be paid at the overtime rate. If the employee' s
balance falls below one hundred twenty (120) hours, the employee shall
again accrue compensatory time off for authorized overtime hours worked
until the employee' s balance again reaches one hundred twenty (120)
hours.
E. Accrued compensatory time off shall be carried over for use in the next
fiscal year; however, as provided in D above, accrued compensatory time
off balances may not exceed one hundred twenty (120) hours.
F. Employees may not use more than one hundred twenty (120) hours of com-.
pensatory 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 eligible to receive, for time
worked, either overtime payment or compensatory time accruals as pro-
vided for in this Section. This provision may be waived at the discre-
tion of the Department Head or his or her designee.
H. When an employee promotes, demotes or transfers from one classification
eligible for compensatory time off to another classification eligible
for compensatory time off within the same -department, the employee' s
accrued compensatory time off balance will be carried forward with the
employee.
I . Compensatory time accrual balances will be paid off when an employee
moves from one department to another through 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.
19
I
J. Since employees accrue compensatory time off at the rate of -one and
one-half (1-1/2) hours for each hour of authorized overtime worked,
accrued compensatory time balances will be paid off at the straight
time rate (two-thirds (2/3) the overtime rate) for the employee' s
current salary whenever:
1 . the employee changes status. and is no longer eligible for compen-
satory time off;
2. the employee promotes, demotes or transfers to another department;
3. the employee separates from County service;
4. the employee retires.
K. The Office of the County Auditor-Controller will establish timekeeping
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 superior
can reach him/her on ten (10) minutes . notice or less. An employee assigned to
on-call time shall be paid one (1 ) hour of straight time credit for each four
(4) hours on such on-call time unless otherwise provided in the supplemental
sections of this Agreement. . Where on-call arrangements exist, the Department
Head shall designate which employees are on-call unless otherwise provided in
the supplemental .sections of this Agreement.
SECTION-10--- INCOME-MAINTENANCE PROGRAM UNIT.& CLERICAL SUPERVISORY UNIT
A. Paid- -Personal- -Leave. Sections 7, 8 and 9 do not apply to the Income
Maintenance Program Unit and the Clerical Supervisory Unit. Employees in
the Income Maintenance Program Unit will continue to be credited with five
(5) days of paid personal leave and employees in the Clerical Supervisory
Unit will also be credited with five (5) days of personal leave effective
January 1 , 1990 to recognize both the fact that these employees do not and
will not receive payment for. overtime nor will they have compensatory time
off in lieu of overtime pay. 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 service, there shall be no payoff
for unused personal leave credits. Administration of paid personal leave
shall be administered in accordance with the provisions of Administrative.
Bulletin 323.
20
B. Long-Term- Disability. Employees occupying positions in classifications in
the Income Maintenance Program Unit as of November 30, 1979 shall continue
to be covered by the long-term disability income protection plan while
employed in such classifications.
Effective January 1 , 1991 , all employees occupying positions in classifica-
tions in the Income Maintenance Program Unit and the Clerical Supervisory
Unit shall be covered by the long-term disability income protection plan.
C. Professional.Development -Reimbursement -Plan. Effective January 1 , 1990 a
Professional Development Reimbursement Plan of $100 per calendar year shall
be provided to employees in classifications in the Income Maintenance
Program Unit and the Clerical Supervisory Unit. Reimbursements for mem-
berships in professional organizations, subscriptions to professional
publications and attendance fees at job-related professional development
activities shall be made by the County upon presentation of a demand accom-
panied by appropriate descriptive materials and proof of payment by the
employee.
Authorization for individual professional development reimbursement
requests shall be made by the Department Head.
SECTION- 11 -- -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 immediately preceding the commencement of
a vacation, paid sick leave period, paid disability or other paid leave,
will have shift differential included in computing the pay for their leave.
The paid leave of an employee who is on a rotating shift schedule shall
include the shift differential that would have been received had the
employee worked the shift for which the employee was scheduled during such
period. Shift differential shall only be paid during paid sick leave and
paid disability as provided above for the first thirty (30) calendar days
of each absence.
SECTION- 12 -- -SEPARATION -THROUGH LAYOFF
12.1 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).
12.2 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.
21
12.3 Lawoff-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 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.
12.4 Particular-Rules-on Displacing.
A. Permanent intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type .respec-
tively.
B. A permanent full time employee may displace any intermittent or part-
time employee with less seniority in: 1 ) the same class as provided in
Section 11 .3.A; or 2) in a class of the same or lower salary level
as provided in Section 11 .2.B. if no full time employee in a class at
the same or lower salary level has less seniority than the displacing
employees.
C. Former permanent full time employees who have voluntarily become per-
manent part-time employees for the purpose of reducing the impact of a
proposed layoff with the written approval of the Director of Personnel
or 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.
12.5 Seniority. An employee' s seniority within a class for layoff and displa-
cement purposes shall be determined by adding the employee's length of service
in the particular class in question to the employee's length of service in other
classes at the same or higher salary levels as determined by the salary schedule
in effect at the time of layoff. Employees reallocated or transferred without
examination from one class to another class having a salary within five percent
of the former class shall carry the seniority accrued in the former class into
the new class. Service for layoff and displacement purposes includes only the
employee' s last continuous permanent County employment. Periods of separation
may not be bridged to extend such service unless the separation is a result of
layoff in which case bridging will be authorized if the employee is reemployed
in a permanent position within the employee' s layoff eligibility.
Approved leaves of absence as provided for in these rules and regulations shall
not constitute a period of separation. In the event of ties in seniority rights
in the particular class in question, such ties shall be broken by length of
last continuous permanent County employment. If there remain ties in seniority
rights, such ties shall be broken by counting total time in the department in'
22
permanent employment. Any remaining ties shall be broken by random selection
among the employees involved.
12.6 Eligibility for-Layoff List. Whenever any person who has permanent status
is laid off, has been displaced, has been demoted by displacement or has volun-
tarily 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.
12.7 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 displa-
cement, 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 depart-
ments, 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.
12.8 Duration -of-Layoff-Rights. The name of any person laid off shall continue
on the layoff 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.
12.9 Certification of Persons From Layoff Lists. Layoff lists contain the
name(s) of persons laid off, displaced or demoted by displacement or volun-
tarily demoted in lieu of layoff. When a request for personnel is received from
the appointing authority of a department, if a layoff list exists for the class, '
the appointing authority shall receive- and appoint the eligible highest on the
layoff list from that department; or in the case that there is no layoff from
that department, the appointing authority shall .receive and appoint the eligible
highest on the layoff list. However, if an eligible so certified is rejected
during probation as referenced in Section 20.7 and 20.8 and restored to the
layoff list, the rejected employee will not again be certified to the department
from which rejected on probation unless the appointing authority so requests.
The Director of Personnel shall recommend to the Board of Supervisors that a
person employed from a layoff list be appointed at the same step of that salary
range the employee held on the day of layoff.
12.10 Removal of Names from Layoff Lists. The Director of Personnel may remove
the name of any eligible from a layoff list for any reason listed below:
A. For any cause stipulated in Section 404.1 of the Personnel Management
Regulations.
B. On evidence that the eligible cannot be located by postal authorities.
C. On receipt of a statement from the appointing authority or eligible that
the eligible declines certification or indicates no further desire for
appointment in the class.
23
D. If three offers of permanent appointment to the class for which the eli-
gible list was established have been declined by the eligible.
E. If five certifications for permanent appointment from an open employment
list, including certification to two different departments if the class
has permanent positions in more than one department 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 cer-
tification mailed to the person' s last known address. Notice shall be
sent to the person affected.
12.11 Un-ion -Notification. When "it appears to the Department ' Head and/or
Employee Relations Officer that the Board of Supervisors may take action which
wil'I result in the layoff of employees in a representation unit represented by
the Union, the Employee Relations Officer shall notify the union of the possibi-
lity of such layoffs and shall meet and confer with it regarding the implemen-
tation 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.
SECTION -13---HOLIDAYS
.13.1 The County will observe the following holidays:
A. January Ist, known as New Years Day
Third Monday in January known as Dr. Martin Luther King Jr. Day
Third Monday in February, known as Presidents Day
The last Monday in Miy, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veteran's Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution
designate as holidays.
B. Each employee shall accrue two (2) hours of personal holiday credit
per month. Such personal holiday time may be taken in increments of
one-half (1/2) hour, and preference of personal holidays shall be
given to employees according to their seniority in their department as
reasonably as possible. No employee may accrue more than forty (40)
hours of personal holiday credit beginning January 1 1988. On
separation from County service, an employee shall be ;aid for any
unused personal. holiday credits at the employee' s then current pay
rate.
13.2 The following provisions indicate how holiday credit is to be applied:
24
• j.
i
A. Employees on the five (5) day Monday through Friday work schedule
shall be entitled to a holiday whenever a holiday is observed pursuant
to the schedule cited above.
B. Employees on a work schedule other than Monday through Friday shall be
entitled to credit for any holiday, whether worked or not, observed by
employees on the regular schedule.
C. For all employees , if a work day falls on a scheduled holiday they
shall receive overtime pay or equivalent compensatory time credit
(Holiday Credit) for working the holiday, or if a holiday falls on the
day off of an employee, the employee shall be given straight time pay
or equivalent compensatory time credit.
The purpose of this plan is to equalize holidays between employees on regular
work schedule and those on other work schedules.'
If any holiday listed in Section 13.1 .A above ;falls on a Saturday, it shall be
celebrated on the preceding Friday. If any holiday listed in Section 13.1 .A
falls on a Sunday, it shall be celebrated on the following Monday.
13.3 Permanent Part-Time Employees shall receive holiday credit in the same
ratio to the holiday credit given full-time employees as the number of hours per
week in the part-time employee' s schedule bears to the number of hours in the
regular full-time schedule, regardless of whether the holiday falls on the part-
time employee' s regular work day.
13.4 "4/10" -Shift- Holidays.
A. Holiday Shift Pay. For all employees ; if a work day falls on a sche-
duled holiday, they shall receive overtime pay or equivalent compen-
satory time credit (Holiday Credit) for working the holiday for the
first eight (8) hours worked; or if a holiday falls on the day off of
an employee, the employee shall be given straight time pay or equiva-
lent compensatory time credit for eight (8) hours.
B. Absence -on Holiday. The maximum time "charged to sick leave, vacation
or leave without pay on a holiday shall be two (2) hours.
13.5 "9/80" .Shift Holidays
A. Holiday Shift Pay. For all employees, if a work day falls on a sche-
duled holiday, they shall receive overtime pay or equivalent compen-
satory time credit (Holiday Credit) for working the holiday for the
first eight (8) hours worked; or if a holiday falls on the day off of
an employee, the employee shall be given straight time pay or equiva-
lent compensatory time credit for eight (8) hours.
B. Absence -on-Holiday. The maximum time charged to sick leave, vacation,
or leave without pay on a holiday shall be one (1 ) hour.
13.6 Accrual - of Holiday Time &Credit. Employees entitled to holiday credit
shall be permitted to elect between pay at the overtime rate or compensatory
time off .in recognition of holidays worked.
25
I'
I
The following procedures shall apply to this selection:
A. Any person who is eligible and who elects to accrue holiday credit must
agree to do so for a full fiscal year (July 1 through June 30) , or the
remainder thereof.
B. Employees starting work after a list of those electing to accrue holiday
credit has been submitted to the Auditor and approved, will be paid over-
time unless they specifically requested in writing within seven (7) calen-
dar days to be placed on the holiday credit accrual list.
C. Holiday time shall be accrued at the rate specified above to a maximum of
eight (8) hours worked by the employee.
D. Accrued holiday credit may not be accumulated in excess of two hundred
eighty-eight (288) working hours exclusive of regular vacation accruals.
After two hundred eighty-eight (288) hours, holiday time shall be paid at
the overtime rate as specified in Section 7.
E. Accrued holiday credit may be taken off at times determined by mutual
agreement of the employee and the Department Head.
F. Accrued holiday credit shall be paid off only upon a change in status of
the employee such as separation, transfer to another department or
reassignment to a permanent-intermittent position.
SECTION 14-- -VACATION LEAVE
14.1 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 pos.ition. 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 5.8 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 except where sick leave
has been exhausted; and none shall be allowed in excess of actual accrual at the
time vacation is taken.
14.2 Vacation-Accrual Rates . For employees in the Social Service Staff
Specialists Unit, the rates at which vacation credits accrue and the maximum
accumulation thereof, are as follows :
26
i
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
For employees in the Income Maintenance, Engineering Technician and Clerical
Supervisory Units, vacation credits accrue, and the maximum accumulation
thereof, are as follows :
Monthly Maximum
Accrual Cumulative
Length-of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
14.3 No employee who has been granted a leave without pay or unpaid military
leave shall accrue any vacation credit during the time of such leave, nor shall ,
an employee who is absent without pay accrue vacation credit during the absence.
14.4 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.
14.5 Preference of vacation shall be given to employees according to their
seniority in their department as reasonably as possible.
14.6 Employees in permanent part-time and permanent intermittent :positions
shall accrue vacation benefits on a prorated basis as provided in :Section
36-2.006 of Board Resolution 81/1165.
SECTION- 15 .- -SICK-LEAVE
15.1 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.
27
is '
15.2 Sick leave credits accrue at the rate of eight .(8) working hours credit for
each .completed month of service. Employees who work a portion of a month are
entitled to a pro rata share of the monthly sick leave credit computed on the
same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one-
half (1/2) hour. Unused sick leave credits accumulate from year to year. When
an employee is separated, other than through retirement, accumulated sick leave
credits shall be cancelled, unless the separation results from layoff in which
case the accumulated credits shall be restored if the employee is reemployed in
a permanent position within the period of his/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 exhausted or until the employee is retired by the
Retirement Board subject to the conditions listed below. . For the purposes
of this Section 15, permanent disability shall mean the employee suffers
from a disabling physical injury or illness and is thereby prevented from
engaging .in any County occupation for which he or she is qualified by reason
of education, training or experience. Sick leave credits may be used under
this provision only when the following requirements are met:
1 . An application for retirement due to disability has been filed with the
Retirement Board and;
2. Satisfactory medical evidence of such disability is received by the
appointing authority within thirty (30) days of the start of use of sick
leave for permanent 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 exami-
nation demonstrates that the employee is not disabled, or when the
appointing authority determines that the medical evidence submitted by
the employee is insufficient, or where the above conditions have not
been met.
C. Communicable Disease. An employee may use paid sick leave credits while
under a physician ' s orders to remain secluded due to exposure to a com-
municable 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.
28 .
1 . Application for such leave` must be made by the employee to the
appointing authority accompanied by a written statement of disabi-
lity from the employee' s attending physician. The statement must
address itself to the employee's general physical condition having
considered the nature of the work performed by the employee, and
it must indicate the date of the commencement of the disability as
well as the date the physician anticipates the disability to ter-
minate. The appointing authority retains the right to medical
review of all requests for such leave.
2. If a female employee does not apply for sick leave and the
appointing authority believes that the employee is not able to
properly perform her work or that her general health is impaired
due to disability caused or contributed to by pregnancy,
miscarriage, abortion, childbirth or recovery therefrom, the
employee shall be required to undergo a 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 recom-
mend, a mandatory leave shall be imposed upon the employee for the
duration of the disability.
3. Sick leave may not be utilized after the employee has been
released from the hospital unless the employee has provided the
County with a written statement from her attending physician
stating that her disability continues and the projected date of
the employee's recovery from such disability.
4. If all accrued sick leave has been utilized by the employee, the
employee shall be considered on leave without pay.
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 appoint-
ments 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 addi-
tional allotment of sick leave which employees may charge.
F. Emergency-Care of- Family. An employee may use paid sick leave credits
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.
29
G. Death- of -Famil_y _Member. An employee may use said sick leave credits for
absence from work because of a death in the employee' s immediate family, but
this. shall not exceed three (3) working days plus up to two (2) days of work
time for necessary travel .
15.3 Administration of Sick Leave . Accumulated paid sick leave credits pay not
be used in the following situations :
A. Vacation. For an employee' s illness or injury while the employee is on
vacation except when extenuating circumstances exist and the appointing
authority approves.
B. Not- -in -Pa -Status. When the employee would otherwise be eligible to use
paid sick leave credits but is not in a pay status.
The proper administration of sick leave is a responsibility of the employee and
the Department Head. The following procedures apply:
A. Employees are responsible, for notifying their 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 .duration 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 schedule time of prearranged per-
sonal or family medical and dental appointments.
The use of sick leave may be denied if these procedures are not followed. Abuse
of sick leave on the part of the employee is cause for disciplinary action. To
ascertain the propriety of claims against sick leave, Department Heads may make
such investigations as they deem necessary.
The County agrees to meet and confer with the union along with the other
employee organizations in the coalition regarding implementation of a revised
County-wide Sick Leave Policy. The County agrees to discuss flexibility in the
use of sick leave including alternative incentives. Such meet and confer
sessions shall take place during the term of this memorandum of understanding.
15.4 Disability.
A. An employee physically or mentally incapacitated for the performance
of duty is subject to dismissal , suspension or demotion, subject to
the County Employees Retirement Law of 1937. An appointing authority
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 physically or mentally
j 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
30
i
endanger the health or safety of the employee, other employees, or the
public, or which impair the employee' s performance of duty, may order
the employee to undergo at County expense a physical , medical and/or
psychiatric examination by a licensed physician and receive a report
of the findings on such examination. If the examining physician
recommends that treatment for physical or mental health problems,
including leave, are in the best interests of the employee or the
County in relation to the employee overcoming any disability and/or
performing his or her duties the appointing authority may direct the
employee to take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability shall be without preju-
dice to the employee' s right to use sick leave, vacation, or any other
benefit to which the employee is entitled other than regular salary.
The Personnel Director may order lost pay restored for good cause and
subject to the employee' s duty to mitigate damages.
D. Before an employee returns to work from any absence for illness or
injury, other leave of absence or disability leave, exceeding two
weeks in duration, the appointing authority may order the employee to
undergo at County expense a physical , medical , and/or psychiatric exa-
mination 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 actionas 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 physical or mental incapacity under (a) or (b)
above, the employee shall be given notice of the proposed leave of
absence or suspension by letter or memorandum, delivered personally or
by certified mail , containing the following:
1 . a statement of the leave of absence or suspension proposed;
2, the proposed dates or duration of the leave or suspension which
may be indeterminate until a certain physical or mental health
condition has been attained by the employee;
3. a statement of the basis upon which the action is being taken;
4. a statement that the employee may review the materials upon which
the action is taken;
5. a statement that the employee has until a specified date (not less
than seven (7) work days from personal delivery or mailing of the
notice) to respond to the appointing authority orally or in
writing.
F. Pending response to the notice the appointing authority for cause spe-
cified in writing may place the employee on a temporary leave of
absence, with pay.
31
G. The employee to whom the notice has been delivered or mailed shall
have seven (7) work days to respond to the .appointing authority either
orally or in writing before the proposed action may be taken.
H. After having complied with the notice requirements above, the
appointing authority may order the leave of absence or suspension in
writing stating specifically the basis upon which the action is being
taken, delivering the order to the employee either personally or by
certified mail , effective either upon personal delivery or deposit in
the U.S. Postal Service.
I . An employee who is placed on leave or suspended under this section
may, within ten (10) calendar days after personal delivery or mailing
to the employee of the order, appeal the order in writing through the
Director of Personnel to the Merit Board. Alternatively, the employee
may file a written election with the Director of Personnel waiving the
employee' s right to appeal to the Merit Board in favor of appeal to a
Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability
Review Arbitrator, the employee has the burden of proof to show that
either:
1 . the physical or mental health condition cited by the appointing
authority does not exist, or
2, the physical or mental health condition does exist, but it is not
sufficient to prevent, preclude,- or impair the employee' s perfor-
mance of duty, or is not sufficient to endanger the health or
safety of the employee, other employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be
transmitted by the Director of Personnel to the Merit Board for
hearing under the Merit Board' s Procedures, Section 1114-1128 inclu-
sive. Medical reports submitted in evidence in such hearings shall
remain confidential information and shall not be a part of the public
record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and
his representative) will meet with the County' s representative to
mutually select the Disability Review Arbitrator, who may be a defacto
arbitrator, or a physician, or a rehabilitation specialist, or some
other recognized specialist mutually selected by the 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 sub-
mitted by the County and the employee.
32
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 association.
M. It is understood that the benefits specified in Sections 14 and 15
shall be coordinated with the rehabilitation program as determined by
the labor-management committee.
15.5 For the purposes of this Section 15, the immediate family shall be
restricted to the spouse, son, stepson, daughter, stepdaughter, father, step-
father, mother, stepmother, brother, sister, grandparent, grandchild, father-in-
law, mother-in-law, son-in-law, daughter-in-law, sister-in-law, or brother-in-
law, of an employee.
15.6 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.
15.7 Integration of State Disability Benefits with the County Sick Leave
Benefit -Program. Employees eligible for State Disability benefits and sick
leave benefits for any portion of disability shall be required to make applica-
tion for both benefits. The State Disability benefits shall be returned to the
County to be credited to the employees sick leave balance on the following
basis:
1 . Integration with State Disability is automatic and cannot be waived.
2. The amount credited to the employees sick leave balance shall be converted
to sick leave hours by dividing the amount received from State Disability
Insurance by the employee' s straight-time hourly rate, at the time of
payment, as determined by the appropriate salary schedule for the employee' s
class of employment.
3. If the employee is eligible for State Disability Insurance benefits, appli-
cation must be made and the benefits returned to the County for sick leave
credits so that the principle of integration is completed.
4. In the event an employee is not eligible for sick leave credits from the
County, there will be no integration and the employee shall not return State
Disability Insurance benefits to the County.
5. In the event an employee receives sick leave benefits for a portion of the
disability period, State Disability' benefits must be utilized to restore
only those sick leave hours used during the period of disability.
6. Restoration of sick leave balances shall be rounded to the nearest one-half
(1/2) hour.
33
i,
7. In no instance will an employee be allowed to "purchase" sick leave not
accrued.
8. The County will provide separate accounting for the "purchased" sick leave
to insure that State Disability Insurance benefits are not taxable.
15.8 Disa bil-it y A nsurance Review -Committee. The County shall continue the
Disability Insurance Review Committee consisting of one representative from each
employee organization and four mangement representatives to review and recommend
to the Director of Personnel the feasibility of implementing a self-funded and
self-administered disability insurance program.
15.9 Employee-Annual -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. A chest X-Ray will be
. required if the employee has previously had a positive reaction to a tuber-
culosis skin test. However employees will not be required to take X-Ray exams
in excess of what is required by applicable Federal and State laws.
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, said employee will be relocated
to an indirect patient contact area.
SECTION-16 --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 purposes of determining
Workers' Compensation benefits.
B. Three (3) consecutive calendar days following the last day worked constitu-
tes 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 compensation is payable on the first three (3) days of disability
when the injury necessitates hospitalization, or when the disability exceeds
twenty-one (21 ) days.
A permanent employee shall continue to receive full regular salary during
any period of compensable temporary disability absence. "Compensable tem-
porary 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 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.
34
The County contribution to the employees group medical plan shall continue
during any period of compensable temporary disability absence.
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. State Workers'
Compensation checks are made payable to the County by the State of
California Insurance Fund. 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 con-
nected injury.
D. Ful-1- -Ray Beyond -One -Year. If an i njured employee remains eligible for tem-
porary disability beyond one year, full salary will continue by integrating
sick leave and/or vacation accruals with Workers' Compensation benefits. If
salary integration is no longer available, Workers' Compensation benefits
will be paid directly to the employee as prescribed by Workers' Compensation
laws.
E. Rehabilitation- - Integration. An injured employee who is eligible for
Workers' Compensation Rehabilitation Temporary Disability benefits and whose
disability is medically permanent - and stationary will continue to receive •
full salary by integrating sick leave and/or vacation accruals with Workers'
Compensation Rehabilitation Temporary Disability benefits until those
accruals are exhausted.
Thereafter, the Rehabilitation Temporary Disability benefits will be paid
directly to the employee.
F. Health Insurance. The County contribution to the employee' s group insurance
plan(s) continues during the continuing pay period and during integration of
sick leave or vacation with Workers' Compensation benefits.
G. Method- -af Integration. An employee' s sick leave and/or vacation charges
shall be calculated as follows: C = 8 [1 - (W S)]
Where C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
35
i
i
SECTION 17 - -L-EAVE- OF ABSENCE
17.1 Leave -Without-Pay. Any employee who has permanent status in the
classified service may be granted a leave of absence without pay upon written
request, approved by the appointing authority; provided, however, that leaves
for pregnancy shall be granted in accordance with applicable state and federal
law. Upon request to the appointing authority, any employee who has permanent
status in the classified service shall be entitled to at least an eighteen (18)
week (less if so requested by the employee) parental leave of absence, com-
mencing with the birth, adoption, or serious illness of a child or dependent
parent.
Insofar as pregnancy disability leave is used under Section 15.2.D, 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 15) , vacation, floating holiday or compen-
satory 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 15.7) . Parental leave must be
requested at least 30 days prior to the scheduled leave commencement date unless
an exigency arises.
Requests for leave without pay shall be made upon forms prescribed by the
Director of Personnel and shall state specifically the reason for the request,
the date when it is desired to begin the leave and the probable date of return.
Leave without pay may be granted for any of the following reasons:
1 . Illness or disability;
2. pregnancy;
3. parental ; ,
4. to take a; course of study such as will increase his/her usefulness on
return to his/her position;
5. for other reasons or circumstances acceptable to the appointing
authority.
A leave without pay may be for a period not to exceed one (1 ) year, provided the
appointing authority may extend such leave for additional periods. Procedure in
granting extensions shall be the same as that in granting the original leave,
provided that the request for extension must be made not later than thirty (30)
calendar days before the expiration of the original leave.
Whenever an employee who has been granted a leave without any pay desires to
return before the expiration of such leave, the employee shall so request of the
appointing authority in writing at least fifteen (15) days in advance of the
return for approval by the appointing authority. The Personnel Department shall
be notified promptly of such return.
36
Except with respect to leave due to pregnancy, illness or disability, the deci-
sion of the appointing authority on granting or denying a leave of absence shall
be subject to appeal to the Personnel Director and not subject to appeal through
the grievance procedure set forth in Section 25 of this Memorandum of
Understanding.
17.2 Military-Leave. Any employee in the merit system and who is required to
serve as a member of the State Militia or the United States Army, Navy, Air
Force, Marine Corps, Coast Guard or any division thereof, shall be granted a
military leave for the period of such service, plus ninety (90) days. An
employee who volunteers for such service shall be granted a leave of absence, if
necessary, in accordance with applicable state or federal law. 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
maybe accrued at the time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation of employment. For
purposes of determining eligibility for salary adjustments or seniority in case
of layoff or promotional examination, time on military leave shall be considered
as time in County service.
Any employee who has been granted a military leave, may upon return, be required
to furnish such evidence of performance of military service or of honorable
discharge as the Director of Personnel may deem necessary.
17.3 Leave -of-Absence Replacement. Any permanent employee in the merit system
who requests reinstatement to the classification held by the employee in the
same department at the time the employee was granted a leave of absence, shall
be reinstated to that classification and department.
-In case of severance from service by reason of the reinstatement of a permanent
employee, the provisions of Section 12, Separation Through Layoff shall apply.
17.4 Leave of -Absence -Return. In the Social Service Department an employee
shall have the right to return to the same class, building, and assignment
(position control number.) if the return to work is within eighty-nine (89) con-
secutive days from the initial date the employee started leave of absence. At
such time ' the leave of absence is approved by the Appointing Authority, the
Social Service Department shall notify the employee of the final date by which
he/she shall return to be assigned to the same position control number.
17.5 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.
17.6 Unauthorized -Absence . An unauthorized absence from the work site or
failure to report for duty after a leave request has been disapproved, revoked,
37
1
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- 18--•JURY -DUTY-AND-WITNESS -DUTY
18.1 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 sta-
tus, or they may take vacation leave or leave without pay and retain all fees
and expenses paid to them.
I f an empl oyee i s cal l ed for jury duty and elects to remain in a regular pay status
.and waive all fees (other than mileage allowances) received, the employee shall
obtain from the Clerk or Jury Commissioner a certificate which shall indicate the
days attended and the fact that fees other than mileage are waived. The employee
shall furnish the court certificate to his/her department, which shall be retained
as a department record. When serving jury duty in a federal court, an employee
shall return all fees (other than mileage allowance) received to the County.
When an employee is called for jury duty and elects to retain all fees, the
employee must take vacation leave or leave without pay. No court certificate is
required in this instance.
Employees shall advise their department as soon as possible if scheduled to
appear for jury duty.
Permanent intermittent employees are entitled paid jury duty leave only for
those days on which they were previously scheduled to work.
18.2 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 -18.1 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-19 -- -HEALTH AND-WELFARE; LIFE_ AND_DENTAL CARE
19.1 The County will continue the existing County Group Health Plan program of
medical , dental and life insurance coverage through Delta Dental Plan, Safeguard
Dental Plan, Aetna Life Insurance and the medical insurance options of
Kaiser-Permanente Foundation -Health Plan, the Contra Costa County Health Plan,
1st Choice Health Plan, and the H.E.A.L.S. Health Plan, to all permanent
employees regularly scheduled to work twenty (20) or more hours per week.
However, the H.E.A.L.S. Health Plan will be terminated effective February 28,
1990. ;
38
i
I
19.2 Heal th- Plan -Options .&-. Rates. Effective January 1 , 1990 the cost of the
existing County Group Health Plan Programs will be as follows:
KAISER HEALTH PLAN OPTION
Cates Total Cost County Share Employee -Share
Employee Only (No Medicare)
No Dental $106.82 $100.59 $ 6.23
Delta 124.63 107.73 16.90
Safeguard 117.46 107.54 9.92
Family (No Medicare)
No Dental 246.65 216.82 29.83
Delta 286.94 225.64 61 .30
Safeguard 268.67 222.98 45.69
CONTRA COSTA HEALTH PLAN OPTION
Category Total -Cost County Share Employee Share
Employee Only (No Medicare)
No Dental $103.45 $103.44 $ .01
Delta 121 .26 121 .25 .01
Safeguard 114.09 114.08 .01
Family (No Medicare)
No Dental 257.45 257.44 .01
Delta 297 .74 297 .73 .01
Safeguard 279.47 279.46 .01
H:E.A:L:S: HEALTH PLAN-OP.TION
(To be terminated February 28, 1990)
Category i Total Cost County Share Employee-Share
EmployeeEmployee Only (No Medicare)
No Dental $121 .94 $105.20 $ 16.74
Delta 139.75 113.59 26.16
Safeguard 132.58 112.98 19.60
Family (No Medicare)
No Dental 289.95 225.48 64.47
Delta 330.24 236.76 93.48
Safeguard 311 .97 237.75 74.22
39
IST- CHOICE -HEALTH PLAN OPTION
Category Total Cost Count j Share Employee Share
Employee Only (No Medicare)
No Dental $185.09 $178.30 $ 6.79
Delta 202.90 187.24 15.66
Safeguard 195.73 185.77 9.96
Family (No Medicare)
No Dental 431 .41 388.17 43.24
Delta 471 .70 401 .70 70.00
Safeguard 453.43 397 .13 56.30
DENTAL-PLANS ONLY
Category Total Cost County Share Employee Share
Employee Only
Delta $19.04 $19.03 $ .01
Safeguard 11 .87 11 .86 .01
Family
Delta 41 .52 41 :51 .01
Safeguard 23.25 23.14 .01
The employee will pay a minimum of one cent ($.Ol ) for any Health. Plan or Dental
Care Coverage.
19.3 Increased Costs: All rates shown above include life insurance coverage.
The rates listed above are effective January 1 , 1990 and are based on the County
contributing up to a maximum of ten dollars ($10.00) per month of increased pre-
mium for a single subscriber and twenty-three dollars. ($23.00) per month of
increased premium for . a subscriber with dependents, for the Kaiser and
H.E.A.L.S. Health Plans.
Effective October 1 , 1990, the County will contribute up to ten dollars ($10.00)
per month for a single subscriber and up to twenty-six dollars ($26.00) per
month for a subscriber with dependents, for the Kaiser and First Choice Health
Plans .
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.
19.4 Medicare -Rates: Corresponding Medicare rates for employees covered under
this Memorandum of Understanding shall be as follows : for Employee Only on
Medicare by taking the Employee Only rate for the option selected and
subtracting the monthly Part B Medicare premium withheld from Social Security
payments for one enrollee; for Employee and Dependent(s) with one member on
Medicare by taking the Employee and Dependent(s) rate for the option selected
40
I
and subtracting the monthly Part B Medicare premium withheld from Social
Security payments for one enrollee; for Employee and Dependent(s) with two mem-
bers on Medicare by taking the Employee and Dependent(s) rate for the option
selected and subtacting the monthly Part B Medicare premium withheld from Social
Security payments for two enrollees.
19.5 Partial -Month: The County' s contribution to the Health Plan premium is
payable for any month in which the employee is paid. If an employee is not paid
enough compensation in a month to pay the employee share of the premium, the
employee must make up the difference by remitting the amount delinquent to the
Auditor-Controller. The responsibility for this payment rests with the
employee. If payment is not made, the employee shall be dropped from the health
plan. An employee is thus covered by the health plan for the month in which
compensation is paid.
19.6 Coverage -During Absences : An employee on approved leave shall be allowed
to continue his/her health plan coverage at the County group rate for twelve (12)
months provided that the employee shall pay the entire premium for the Health
Plan during said leave.
An employee on leave in excess of twelve (12) months may continue health plan
coverage by converting to an individual health plan option (if available) or
continuing group coverage subject to the provisions of the Consolidated Omnibus
Budget Reduction Act (COBRA) provided the employee pays the entire cost of
coverage , plus any administrative fees, for the option selected. The entire
cost of coverage shall be paid at a place and time specified by the County.
Late payment may result in cancellation of health plan coverage with no
reinstatement allowed. -
An employee who terminates County employment may convert to individual health
plan coverage, if available, or may continue County group health plan coverage
to the extent provided under COBRA by making premium payments to the County at a
time and place specified by the County.
19.7 Retirement -Coverage; Upon retirement, employees may remain in the same
County group medical plan if immediately before their retirement they are either
active subscribers to one of the County Health Plans or if on authorized leave
of absence without pay they have retained individual conversion membership from
the County plan.
19.8 Dual Coverage: If a husband and wife both work for the County and one of
them is laid off, the remaining eligible shall be allowed to enroll or transfer
into the health coverage combination of his/her choice.
An_ eligible employee who is no longer covered for medical or dental coverage
through a spouse' s coverage shall be allowed to enroll or transfer into the
health coverage combination of his/her choice within thirty (30) days of the
date coverage is no longer afforded under the spouse' s plan.
41
1
SECTION-20---PROBATIONARY-PERIOD
20.1 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.
20.2 Listed below are those classes represented by the Union which have proba-
tion periods in excess of six (6) months.
None
20.3 When the probationary period fora class is changed, only new appointees
to positions in the classification shall be subject : to the revised probationary
period.
20.4 The probationary period shall date from the time of appointment to a �per-
manent 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.
20.5 Rejection -During Probation. An employee who is rejected during the proba-
tion period and restored to the eligible list shall begin a new probationary
period if subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of .this
section, an employee (probationer) shall have the right to appeal from
any rejection during the probationary period based on political , or
religious 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 in 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
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.
42
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 posi-
tion and the appellant shall begin a new probationary period unless
the Merit Board specifically reinstates the former period.
20.6 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 receives from the appointing
authority a statement in writing that the services of the employee during the
probationary period were satisfactory and that the employee is recommended for
permanent appointment. A probationary employee may be rejected at any time
during the probation period without regard to the Skelly provisions of this
Memorandum of Understanding, without notice and without right of appeal or
hearing except as provided in Section 20.5A. 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. The appointing authority shall attempt to give a probationary
employee five (5) days notice of said rejection. If the appointing authority
fails to submit in a timely manner the proper written documents certifying that
a probationary employee has served in a satisfactory manner and later
acknowledges it was his or her intention to do so, the regular appointment shall
begin on the day following the end of the probationary period.
Notwithstanding any other provisions of the Memorandum of Understanding, an
employee rejected during the probation period from a position in the Merit
System to which the employee had been promoted or transferred from an eligible
list, shall be restored to a position in the department from which the employee
was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months
after being promoted or transferred from a position in the Merit System to a
position not included in the Merit System shall be restored to a position in the
classification in the department from which the employee was promoted or 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.
20.7 Lav�During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to
complete only the balance of the required probation.
If reemployed in another department or in another classification, the employee
shall serve a full probationary period.. An employee appointed to a. permanent
position from a layoff or reemployment list is subject to a probation period if
the position is in a department other than the department from which the
employee separated, displaced, or voluntarily demoted in lieu of layoff. An
43
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.
20.8 Rejection -During- Probation of Layoff-Empl2yee An employee who has
achieved permanent *status in the class before layoff and who subsequently is
appointed from the layoff list and then rejected during the probation period
shall be automatically restored to the layoff list, unless discharged for cause',
if the person is within the period of layoff eligibility. The employee shall
begin a new probation period if subsequently certified and appointed in a dif-
ferent department or classification than that from which the employee was laid
off.
SECTION-21 .- -PROMOTION
21 .1 Promotion shall be by competitive examination unless otherwise provided in
this Memorandum of Understanding.
21 .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.
21 .3 02en.-Exams. 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.
21 .4 Promotion-via-Reclassification without�Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification
to a higher classification and his/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 one (1 ) year.
C.' The incumbent must meet the minimum education and experience require-
ments 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.
21 .5 Requirements - for-Promotional -Standing. In order to qualify for an exami-
nation called on a promotional basis, an employee must have probationary or per-
manent status in the merit system and must possess the minimum qualifications
44
i
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.
21 .6 Seniority-Credits . Employees who. have qualified to take promotional exa-
minations and who have earned a total score, not including seniority credits, of
seventy (70) percent or more, shall receive, in addition to all other credits,
five one-hundredths of one (.05) percent for each completed month of service as
a permanent County employee continuously preceding the final date for filing
application for said examination. For purposes of seniority credits, leaves of
absence shall be considered as service. Seniority credits shall be included in
the final percentage score from which the rank on the promotional list is deter-
mined. No employee, however, shall receive more than a total of five (5) per-
cent credit for seniority in any promotional examination.
21 .7 If the department .denies an employee' s request for reclassification, upon
request of the Union, the denial will be reviewed by the Personnel Director and
appointing authority and the reasons for denial given to the Union in writing.
21 .8 Permanent employees shall be granted release time from work without loss
of pay to take County promotional examinations or take interviews for a County
promotional position provided the employee gives the Department sufficient
notice of the need for time off.
SECTION -22 '- 'TRANSFER
22.1 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 wri-
ting;
E. the Director of Personnel shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished through the
regular appointment procedure provided that the individual desiring transfer has
eligibility on a list for a class for which appointment is being considered.
22.2 Any employee or appointing authority who desires .to initiate a transfer
may inform the Director of Personnel in writing of such desire stating the
reasons therefor. The Director of Personnel shall if he or she considers that
the reasons are adequate and that the transfer will be for the good of the
45
i.
I
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.
22.3 The Personnel Director will send to all departments an updated transfer
list on a monthly basis.
22.4 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 con-
sideration 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.
In no event shall reassignments be utilized for disciplinary purposes.
S€CTION -23 —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.
23.1 Res ignation -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.
23.2 Constructive -Resignation. A constructive resignation occurs and is effec-
tive when :
A. An employee has been absent from duty for five (5) consecutive working
days without leave, and;
B. Five (5) more consecutive working days have elapsed without response
by the employee after the mailing of a notice of resignation by the
appointing authority to the employee at the employee' s last known
address.
23.3 Effective Resignation. A resignation is effective when delivered or spo-
ken to the appointing authority, operative either on that date or another date
specified.
46
I
23.4 Revocation. A resignation that is effective is revocable only by written
concurrance of the employee and the appointing authority.
23.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been
coerced by the appointing authority may be revoked within seven (7)
calendar days after its expression, by serving written notice on the
Director of Personnel and a copy on the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it
shall be revoked and the employee returned to duty effective on the
day following the appointing authority' s acknowledgement without loss
of seniority or pay.
C. Contest. Unless, within seven (7) days of the receipt of the notice,
the appointing authority acknowledges; that the resignation could have
been believed to be coerced, this question should be handled as an
appeal to the Merit Board. In the alternative, the employee may file
a written election with the Director of Personnel waiving the
employee's right of appeal to the Merit Board in favor of the
employee' s appeal rights under the grievance procedure contained in
Section 25 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 deci-
sion but without loss of seniority or: pay, subject to the employee' s
duty to mitigate damages.
23.6 Eligibility for Reemployment. Within one year of resignation in good
standing from County service, a person who has had permanent status which
included satisfactory completion of probation may make application by letter to
the Director of Personnel for placement on a reemployment list as follows: the
class from which the person resigned; or any one class of equal or lesser rank
in the occupational series and in which the person had previously attained per-
manent status; or for any class or deep class which has replaced the class in
which the person previously had status, provided that the person meets the mini-
mum requirements for the new class. If the appointing authority of the depart-
ment from which the person resigned recommends reemployment, the Director of
Personnel shall grant reemployment privileges to the person. Consideration of
names from a reemployment list is mandatory if the appointing authority recom-
mended reemployment of the individual (s) listed but is optional for other
appointing authorities. Names may be removed from reemployment lists in accor-
dance with the provisions of Section 12.10 of this Memorandum of Understanding.
SECTION-24 -- -DISMISSALS SUSPENSION AND DEMOTION
24.1 -The appointing authority may dismiss, suspend or demote any employee for
cause. The following are sufficient causes for such action; the list is indica-
tive rather than inclusive of restrictions and dismissal , suspension or demotion
may be based on reasons other than those specifically mentioned:
47
1 . absence without leave,
2. conviction of any criminal act involving moral turpitude,
3. conduct tending to bring the merit system into disrepute,,
4. disorderly or immoral conduct,
5. incompetence 'or inefficiency,
6. insubordination,
7. being at work under the .influence of liquor or drugs, carrying onto
the premises liquor or drugs or consuming or using liquor or drugs
during work hours and/or on County premises,
8. neglect of duty, i .e. , non-performance of assigned responsibilities,
9. negligent or willful damage to public property or waste of public
supplies or equipment,
10violation of any lawful or reasonable regulation or order given by a
supervisor or Department Head,
11 . willful violation of any of the provisions of the merit .system ordi-
nance or Personnel Management Regulations,
12. material and intentional misrepresentation or concealment of any fact
in connection with obtaining employment,
13. misappropriation of County funds or property,
14. unreasonable failure or refusal . to undergo -any physical , medical
and/or psychiatric exam and/or treatment authorized by this Memorandum
of Understanding,
1
15. dishonesty or theft,
16. excessive or unexcused absenteeism and/or tardiness,
17. sexual harassment, including but not limited to unwelcome sexual
advances, requests for . sexual favors, and other verbal , or physical
conduct of a sexual nature, when such conduct has the purpose or
effect of affecting employment decisions concerning an individual , or
unreasonably interfering with an individual 's work performance, or
creating an intimidating and hostile working environment.
24.2 Skelly_Requirements. Notice of Proposed Action (Skelly Notice). Before
taking a disciplinary action to dismiss, suspend for more than five (5) work
days (four (4) work days for employees on "4-10" 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:
48
I
I
I
A. A statement of the action proposed to be taken.
B. A copy of the charges; including the acts or ommissions and grounds upon
which the action is based.
C. If it is claimed that the employee has violated a rule or regulation of the
County, department or district, a copy of said rule shall be included with
the notice.
D. A statement that the employee may review and request copies of materials
upon which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
Employee -Response. The employee upon whom a Notice of Proposed Action. has been
served shall have, seven (7) calendar days to respond to the appointing authority
either orally or. in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend
in writing the period to respond. If the employee' s response is not filed
within seven (7) days or during any extension, the right to respond is lost.
24.3 Leave PendingEmployee -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.
24.4 Suspensions without pay shall not exceed thirty (30) days unless ordered
by an arbitrator, lan adjustment board or the Merit Board.
24.5 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 applicable, the
appointing authority shall make an order in writing stating specifi-
cally the causes for the action.
B. Service of Order. Said order of dismissal , suspension, or demotion
shall be filed with the Director of Personnel , showing by whom and the
date a copy was served upon the employee to be dismissed, suspended or
demoted, either personally or by certified mail to the employee's last
known mailing address. The order shall be effective .either upon per-
sonal 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 25 - 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 25 of this Memorandum of Understanding.
49
SECTION -25 .- -GRIEVANCE-PROCEDURE
25.1 A grievance is any dispute which involves the interpretation or applica-
tion of any provision of this Memorandum of Understanding excluding, however,
those provisions of this Memorandum of Understanding which specifically provide
that the decision of any County official shall be final , the interpretation or
application of those provisions not being subject to the grievance procedure.
The Union may represent the employee at any stage of the process. Grievances
must be filed within thirty (30) days of the incident or occurance about which
the employee claims to have a grievance and shall be processed in the following
manner:
A. Step- 1 . Any employee or group of employees who believes that a provision of
this Memorandum of Understanding has been misinterpreted or misapplied to
his or her detriment shall discuss the complaint with the employee's imme-
diate 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 five (5) work days to
such management official as the Department Head may designate. This formal
written grievance shall state which provision of the Memorandum of
Understanding has been misinterpreted or misapplied, how misapplication or
misinterpretation has affected him or her to his or her detriment, and the
redress he or she seeks. A copy of each written communication on a
grievance shall be filed with the Director of Personnel . The Department Head
or his or her designee shall have ten (10) work days in which to respond to
the grievance in writing.
C. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the
employee. may appeal in writing within ten (10) work days to the Personnel
Director. The Personnel Director or his or her designee shall have twenty-
five (25) work days in which to investigate the merit of the complaint and
to meet with the Department Head and the employee and attempt to settle the
grievance and respond in writing.
D. Step 4. No grievance may be processed under this 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/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 sub-
mitted in writing to an Adjustment Board comprised of three (3) Union repre-
sentatives , 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 con-
ferring process. The Adjustment Board shall meet within twenty (20) work
days of receipt of the written request.
E. Step 5. If an Adjustment Board is unable to arrive at a majority decision
either the employee or the County, when alleging a violation of Section 25.6
50
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. The fees and expenses of the arbitrator and of the
Court Reporter shall be shared equally by the employee and the County. Each
party, however, shall bear the costs of its own presentation, including pre-
paration and post hearing briefs, if any.
25.2 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 certified
as the recognized employee organization for such unit and unless such
dispute falls within the definition of a grievance as set forth in
Subsection 25.1 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 connec-
tion 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 writ-
ten 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 25.1 .0 above, or the Adjustment Board in pursuance of the
provisions of Subsection 25.13 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.
E. 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.
25.3 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
3 above, the grievance will be deemed to have been settled and withdrawn.
25.4 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.
25.5 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Personnel
51
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 two (2) years
from the date upon which the complaint was filed.
253 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.
In the case of a legally declared lawful strike against a private or public sec-
for employer which has been sanctioned and approved by the labor body' or council
having jurisdiction, an employee who is in danger of physical harm shall not be
required to cross the picket line, provided the employee advises his or her
supervisor as soon as possible, and provided further that an employee may be
required to cross a picket line where the performance of his or her duties is of
an emergency nature and/or failure to perform such duties might cause or aggra-
vate a danger to public health or safety.
25.7 Merit Board.
A. All grievances of employees in representation units represented by the
Union shall be processed under Section 25 unless the employee elects
to apply to the Merit Board on matters within its jurisdiction.
B. No action under Paragraph C, D and E of Subsection 25.1 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.
25.8 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.
25.9 Disputes over whether a grievance, exists as defined in Section 25.1 shall
be resolved through the grievance procedure.
25.10 If disqualified from taking an examination, an employee may utilize the
appeal process specified in the Personnel Management Regulations for employees
disqualified from taking an examination.
SECTION -26 --.BILINGUAL-PAY
A salary differential of fifty dollars ($50.00) per month shall be paid incumbents
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. Employees shall
not be required to 'translate without pay except in emergency situations.
52
SECTION-27-- -RETIREMENT-CONTRIBUTION
Pursuant to Government Code Sect ion 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 28--CLASSIFICATION
Existing classes of positions may be abolished or changed and new classes may be
added to the classification plan by the Director of Personnel subject to appro-
val by the Board of Supervisors. The County will meet and confer with the Union
on the minimum qualifications and salary of new classes.
If the County wishes to add duties to classes represented by the Union, the
Union shall be notified, and upon request of Union representatives of the
County, will meet and consult with the Union over such duties.
SECTION -29 --REIMBURSEMENT
29.1 T-raining Reimbursement. The County Administrative Bulletin on Training
shall govern reimbursement for training and shall continue to limit reimbur-
sement for career development training to two hundred ($200) dollars per
semester or one hundred fifty dollars ($150) per quarter, not to exceed six
hundred dollars ($600) per year, except as otherwise provided in the supple-
mented sections of this Memorandum of Understanding.
29.2 Personal Property Reimbursement. 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 encoun-
tered 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 compen-
sated.
C. Employee tools or equipment provided without the express approval of the
department head and automobiles are excluded from reimbursement.
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.
F. The personal property was necessarily worn or carried by the employee in
order to adequately fulfull the duties and requirements of the job.
53
ii
G. The loss or damage to employees eyeglasses, dentures, or other prosthetic
devices did not occur simultaneously with a job connected' injury covered by
worker' s 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 butnot 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 the Personal
Property.
29.3 Reimbursement -For Meals. Employees shall be reimbursed for meal expenses
under the following circumstances ' and in the amount specified in the
Administrative Bulletin on expense reimbursement when:
A. The employee is required by his/her Department Head to attend a meeting con-
cerning County business or County affairs.
B. The employee is required to be out of his/her regular or normal work area
during a meal hour because of a particular work assignment.
C. The employee is required to stay over to attend consecutive or continuing
afternoon and night sessions of a board or commission. .
D. The employee. is required to incur expenses as host for official guests of
the County, work as members of examining boards, official visitors, speakers
or honored guests at banquets or other .official functions.
E. 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 hour institutions.
SECTION -30-- -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 forty dollars ($40) in any calendar year.
The County will reimburse eligible employees for up to one pair per year of
prescription safety eyeglasses which are approved by the County and are obtained
from such establishment as required by the County.
54
SECTION-31 ---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. The Union may recommend safety guidelines, regulations, training
programs and necessary corrective actions concerning conditions associated with
the work environment. Representatives of the Union may want to discuss with
certain Department Heads the participation of the employees it represents on
existing departmental safety committees. If a Department Head agrees, the Union
may designate a. representative to participate in any established Safety
Committee.
An employee designated by the Union may participate on each of the established
district safety committees within the Department of Social Service.
SECTION-32-- -MILEAGE
Effective January 1 , 1990 mileage allowance for the use of personal vehicles on
County business shall be paid according to the following per month formula:
1 - 400 miles $ .24 per mile
401 - plus miles .18 per mile
The above rates shall be adjusted to reflect an increase or decrease in the cost
of gasoline which shall be determined as provided below on the basis of the
average price for "gasoline, all types" per gallon as listed in Table 5,
"Gasoline Average Prices per gallon, U.S. City .Average and Selected Areas" for
the San Francisco-Oakland California area published by the Bureau of Labor
Statistics, U.S. Department of Labor, hereinafter referred to as the "Energy
Report".
The above mileage rates shall be increased or decreased by one cent ($.O1 ) for
each fifteen cents ($.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.
Mileage from an employee..'s home to the normal work location is not reimbur-
seable. The normal work location is the location to which an employee is regu-
larly assigned. An employee with more than one (1 ) normal work location shall
be reimbursed for the mileage traveled in the same work day between those work
locations.
When an employee is temporarily reassigned to a different work location, mileage
will be reimbursed in excess of the normal mileage between the employee's home
and the regular work location.
55
SECTION -33 •--STAGGERED-WORK-SCHEDULE
The Social Service Department shall continue to operate a staggered work sche-
dule plan. Office hours shall remain open to the public from 8:00 a.m. to 5 :00
p.m. , Monday through Friday. Permanent full-time employees shall have the
option to select, subject. to prior approval of the department, an eight (8) hour
day, forty (40) hour workweek schedule consisting of work hours which may be
other than the normal 8:00 a.m. to 5 :00 p.m. or 4:30 p.m. work schedule. The
following shall serve as the basic criteria for the staggered shift: .
A. All employees must be present at their office or otherwise engaged in the
duties of their position during the core hours of 10:00 a.m. and 3 :30 p.m.
B . Work schedules must remain within the hours of 7:00 a.m. and 7 :00 p.m.
C. The selected staggered work schedule shall consist of the same hours of work
each day except for when a schedule including one varying eight hour workday
is necessary to provide "officer of the day" coverage or for other specific
circumstances in which the department determines that such a varying sche-
dule is appropriate. The decision of the department head or designee shall
be final .
D. Each employee' s proposed staggered schedule must be submitted in writing and
approved by the Department Head or designee prior to implementation'.
E. Changes in staggered schedules shall be requested in writing and must have
the approval of the Department Head or designee prior to implementation.
F. Conflicting requests for schedules shall be resolved by the Department Head
or designee whose decision shall be final .
G. It is understood that an individual employee' s schedule may be changed due
to the needs of the department.
H. In the event this staggered scheduling provision is found by the department
to be inconsistent with the needs of the department, the department shall so
advise representatives of the Union and the County and the Union shall meet
and confer in an attempt to resolve the inconsistency.
SECTION -34 --MEAL -PERIODS
Representatives of the Union may discuss varying meal periods (e.g. one-half
(1/2) hour versus a one hour meal period), with certain Department Heads. Any
change in the meal period agreed to by the union and Department Heads must have
final approval from the County Administrator.
SECTION 35 PERFORMANCE-EVALUATION
In those instances when there is a written performance evaluation of an employee
and the employee is requested to sign the evaluation, the employee shall receive
a copy of the evaluation if she/he so requests.
56
SECTION 36 .- DISCIPLINARY-ACTIONS
If the employee so requests in writing, a copy of any written disciplinary
action affecting an employee shall be furnished to the Union.
SECTION 37 -- .PERSONNEL FILES
Employees 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. The contents of such records
shall be made available to the employee for inspection and review at reasonable
intervals during the regular business hours of the County. Copies of written
reprimands or memoranda pertaining to an employee' s unsatisfactory performance
which are to be placed in the employee' s personnel file shall be given to the
employee who shall have the right to respond in writing to said documents.
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.
The County shall provide an opportunity for the employee to respond in writing
to any information which is in the employee' s personnel file about which he or
she disagrees. Such response shall become a permanent part. of the employee' s
personnel record. The employee shall be responsible for providing the written
responses to be included as part of the employee' s permanent personnel record.
This section does not apply to the records of an employee relating to the
investigation of a possible criminal offense, medical records and information
or letters of reference.
Employees have the right to review their official personnel files which are
maintained in the Personnel Department or by their department. In a case
involving a grievance or disciplinary action, the employee' s designated
representative may also review his/her personnel file with specific written
authorization from the employee.
SECTION-38 --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-39 - REASSIGNMENTS
39.1 Request for Reassignment: The Social Service Department shall continue the
vacancy information system which lists vacant positions which the department has
determined will be filled by intradepartmental reassignment. Positions shall be
listed for five (5) working days in department offices prior to filling the
position.
Permanent full-time employees desirous of reassignment to a position in the same
classification at another work location should submit a request in writing to
57
the Social Service Department personnel office. Such request will stay in
effect for ninety (90) days from the date it is submitted. When it is deter-
mined that a vacant position may be filled by intradepartmental transfer, the
department will determine from which district the transfer may be made based
upon the amount and nature of work, and the names of people from that/those
district(s) in the appropriate classification who have indicated a desire to
transfer to that location will be submitted to the supervisor who will make a
selection. In the event three (3) names are not available through this process,
then the gaining supervisor may request additional names from the
reemployment/eligible list.
39.2 Involuntary -Reassignments. In the event an involuntary reassignment must
be made, the Social Service Department will determine the building from which
the employee will be reassigned, based on workload statistics. The least senior
employee in that building in the appropriate classification will be transferred.
If a vacancy occurs in the same class and in the same geographic area from which
an employee was involuntarily reassigned, the Department shall offer the posi-
tion to the employee who was involuntarily reassigned. If the employee declines
the offer, he/she will not be considered for any future vacancies in that
geographic area except as provided in Section 39.1 above.
For the purposes of this Section, geographic areas shall be defined as:
West- County 1305 Macdonald Avenue, Richmond
3431 Macdonald Avenue, Richmond
3055 Research Drive, Richmond
3630 San Pablo Dam Road, E1 Sobrante
525 Second Street, Rodeo
Centra'l -County 2500 Alhambra Avenue, Martinez
30 Muir Road, Martinez
500 Court Street, Martinez
1340 Arnold Drive, Martinez
2401 Stanwell Drive, Concord
East-County 4545 Delta Fair Boulevard, Antioch
SECTION -40. - UNFAIR-LABOR- PRACTICE
Either the County or the Union may file an unfair labor practice as defined in
Chapter 34-22 of Board Resolution 81/1165 against the other. Allegations of an
unfair labor practice, if not resolved in discussions between the parties, may
be heard by a mutually agreed upon imp'artial third party.
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 tem-
porary, provisional , and permanent status, and absences on approved leave of
absence) . When an employee separates from a permanent position in good standing
and within two years is reemployed in a permanent County position or is
reemployed in a permanent County position from a layoff list within the period
58
of layoff eligibility, service credits shall include all credits accumulated at
time of separation, but shall not include the period of separation. The
Director of Personnel shall determine these matters based on the employee status
records in his/her department.
'5ECTION 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-.HEALTH PLAN
A permanent-intermittent employee represented by the Union may participate in
the County Group Health Plan of medical , dental and life insurance coverage
wholly at the employee' s expense. The County will not contribute to the
employee' s monthly premium. The employee will be responsible for paying the
monthly 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-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 medi-
cal , dental and life insurance coverage wholly at the employee' s expense. The
County will not contribute to the employee' s monthly premium. The employee will
be responsible for paying the monthly premium appropriately and punctually.
Failure to meet the premium deadline will mean automatic and immediate
withdrawal from the County Group Health Plan and reinstatement may only be
effectuated during the annual open enrollment period.
SECTION 46 FLEXIBLE-WORKWEEK
The Public Works Department shall continue a flexible forty (40) hour workweek
for Engineering Technicians assigned to the office. Crucial to the continuance
of the flexible forty (40) hour workweek will be the impact on service to the
public.
59
SECTION-47 --ENGINEERING-TECHNICIAN ADVISORY-COMMITTEE .&-BIDDING PROCEDURE
A. Rotational - Advisory -Committee. The Public Works Department Engineering
Technician Rotational Advisory Committee shall be continued through the
term of this Memorandum of Understanding. The primary purpose of this
Committee shall be to make recommendations to the Public Works Director on
an annual basis for rotations of Engineering Technicians.
The Committee shall consist of two Engineering Technicians and various
designated management representatives. The Engineering Technicians shall
be selected by the Union. The Committee may additionally include a repre-
sentative of the Union if requested by the Engineering Technicians repre-
sentatives.
The Committee may also discuss Engineering Technician rotation procedures
and implementation methods, safety and training needs and other related
matters.
B. Enqineerinq -Technician - Bidding -Procedure. When a vacant Senior Level
position is made available, the Public Works Department shall bid the
position in the following manner:
1. All Engineering Technicians-Senior Level and qualified Engineering
Technicians-Journey Level shall receive a notice of opening.
2. "Qualified" means an employee shall meet the minimum qualifications of
the Engineering Technician-Senior Level designation.
3. The Departmental Final Selection Interview Panel shall include at
least the Division or Assistant Division Head for the Division from
where the vacancy occurs and a member of the Administrative Services
Division.
4. The bid notice shall be posted for a minimum of three work days.
5. Selection shall be made from all interested applicants on the basis of.
merit and qualifications.
When a vacant Journey Level position is made available, the Public Works
Department shall bid the position in the following manner:
1. All Engineering Technicians-Journey Level and all qualified .
Engineering Technicians-Entry Level shall receive a . notice of the
opening.
2. "Qualified" means an employee shall meet the minimum qualifications of
the Engineering Technician-Journey Level designation.
3. The Departmental Final Selection Interview Panel shall include at
least the Division or Assistant Division Head for the Division from
where the vacancy occurs and a member of the Administrative Services
Division.
60
I'
4. The bid notice shall be posted for a minimum of three work days.
5. Selection shall be made from all interested applicants on the basis of
merit and qualifications.
SECTION 48-- -VDT- DIFFERENTIAL& -USERS EYE EXAMINATION
A. VDT-Differential
1 . Employees in the Clerical Supervisory Unit and the Social Service Staff
Specialist Unit represented by Local 512 who regularly utilize a video
display terminal under criteria specified below shall receive a dif-
ferential of forty dollars ($40) per month.
2. Criteria for payment of the video display differential are as indicated:
a. An employee must be proficient at on-line entering, revising. and/or
deleting of data. Employees who use a data terminal only for infor-
mation retrieval rather than on-line manipulation, also ` do not
qualify.
b. An employee must use the video display terminal at least 25% of the
time.
c. An employee must be proficient at using the special function keys to
activate and use various inter-related screens.
d. An employee must have a good understanding of the department' s com-
puterized system and understand the consequence of error if data is
improperly entered, revised or deleted.
e. Employees who receive the word processing differential are not eli-
gible to receive this differential .
3. The Personnel Director or his designee shall review each request for
this differential and payment is subject to his approval .
B. Users-Eye-Examination !
The County agrees to provide an annual eye examination for employees in the
Clerical Supervisory Unit and the Social Service Staff Specialist Unit on
County time at County expense as follows:
1 . Eligible employees must use video display terminals at least an average
of four hours per day as certified by their department.
2. Eligible employees who wish an eye examination under this program should
request it through the County Personnel Department, Employee Benefits
Division.
Should prescription VDT glasses be prescribed for an employee following an eye
examination as referenced above, the County agrees to provide one pair of VDT
glasses to the employee.
61
SECTION 49 - WORD PROCESSING DIFFERENTIAL
Employees who in the Clerical Supervisory Unit and the Social Service Staff
Specialist Unit are assigned primary primary responsibility for the operation of
word processing. machines such as magcard machines, minicomputers with word pro-
cessing software, video display typewriting equipment or otherequipment
attached to a typewriter or printer with external storage capacity and utilized
in the transformation of words and/or ideas into readable form shall receive a
differential of $50.00 per month.
SECTION 50 - SHERIFF'S DEPARTMENT SHIFT & HOLIDAY AGREEMENT
The agreement between the Union on behalf of the Supervisory Clerical Unit and
the Sheriff's Department concerning shift assignments and holiday coverage in
the Services Division shall remain in effect for the duration of this agreement.
SECTION 51 - MEALS
51 .1 Hospital-Holiday Meals. Employees represented by the Union who are
employed at the County Hospital and who are required to work on Thanksgiving,
Christmas or New Year's will be provided a free meal in the Hospital Cafeteria
at no cost to the employee.
SECTION 52 - 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.
SECTION 53 - SPECIAL STUDIES/PROJECTS
A. Vision Care Program. When the lst Choice Health Plan Trust Fund reserve
balance reaches $535,000 and the trendline is favorable, the County will
reopen negotiations to consider the feasibility of adding a Vision Care
Program.
B. Shared Savings. During the term of this Memorandum of Understanding the
County intends to study the feasibility of instituting a shared savings plan
for its Health. Plan.. premiums and will meet and . confer with the Union prior
to any implementation.
62
1 1
i
C. IRS -Section .125. As soon as possible, the County intends to implement the
provisions of IRS Section 125 - Medical Insurance Premiums which will allow
employees to pay health care premiums with pre-tax dollars.
D. Departmental -Task Force- on -Organizational Issues. The County agrees to meet
with James Hicks, Richard Cabral , .Jamie Pulido and Patricia Ventimiglio,
representing the Eligibility Work Supervisors in Local 512, AFSCME to
discuss organizational and classification issues resulting from Social
Service departmental reorganization(s) over the past several years.
Mr. James Rydingsword, County Welfare Director, will conduct the meetings
which will be held no less than once a month, concluding no later than June
29, 1990. The first meeting will be scheduled in the month of January 1990
at a time and date agreed to by both parties.
E. Investigation- of Discounted -Child Care -Rates. The County will explore the
feasibility of negotiating discount rates with child care providers and will
report to the Union its findings no later than sixty (60) days following the
adoption of this Memorandum of Understanding by the Board of Supervisors.
F. Sick Leave - Incentive - .Plan. During the term of this Memorandum of
Understanding the County intends to study the feasibility of initiating a
Sick Leave Incentive Plan and will meet and confer with the Union prior to
any implementation.
G. 414-(h) . The County intends to implement a retirement tax deferral plan on
or about January 1 , 1990.
H. C1-a-ssi-ficati on -and Representation -Un-it- -Ti tl a Change. As soon as possible
following the adoption of this Memorandum of Understanding, the County will
retitle the classification of Supervising Clerk to Clerical Supervisor.
Additionally, the County will change the Supervisory Clerical Representation
Unit to the Clerical Supervisory Unit.
I . Gainsharing -Pilot -Program. The County agrees to review and investigate the
feasibility of implementing a pilot gainsharing program for Eligibility Work
Supervisor' s I in the County Social Service Department. Gainsharing is a
program designed to improve efficiency and encourage employees and managers
to work together in a more efficient manner.
The County will meet with representatives of Local 512, AFSCME to discuss
gainsharing concepts related to measuring efficiencies and methods to share
potential savings. If it is determined that the gainsharing program offers
positive outcomes for both the County and employees in the classification of
Eligibility Work Supervisor I , a pilot program will be implemented no later
than January 1 , 1991 .
SECTION -54 - SPECIAL BENEFITS - SOCIAL SERVICE STAFF SPECIALISTS' UNIT (PREVIOUS
SIDE LETTER)
Effective July 1 , 1988 incumbents in the classes of Social Service Program
Analyst and Children' s Services Program Specialist are eligible to receive the
following benefits:
63
1 $35,000 Group Term Life Insurance will be provided. Premiums for this
insurance will be paid by the County with conditions of eligibility to be
reviewed annually.
2. Long-Term Disability Insurance will be provided, with a replacement limit of
eighty-five percent (85%) of total monthly base earnings reduced by any
deductible benefits. The premium for this Long-Term Disability Insurance
will be paid by the County.
3. A vacation Buy Back plan will be provided for reimbursement for up to one-
third (1/3) of an employee's annual vacation accrual , subject to the
following conditions : (a) the choice can be made only once in each
ach calendar
year; (b) payment shall be based on an hourly rate determined by dividing
the employee's monthly salary by 173.33; and (c) the maximum number of hours
that may be reimbursed in any year is one-third (1/3) of the annual accrual
at the time of reimbursement.
4. A Professional Development Reimbursement Plan will be provided to include
reimbursement of up to $150 per fiscal year for memberships in professional
organizations, subscriptions to professional publications and attendance
fees at job-relatd professional development activities. Authorization for
individual professional development reimbursement requests shall be made by
the Department Head. Reimbursement will occur through the regular demand
process with demands being accompanied by proof of payment (copy of invoice
or cancelled check).
5. A Longevity Pay Plan will provide a 2-1/2% increase in pay following comple-
tion of ten years of County Service, subject to appointing authority appro-
val based on merit.
6. Forty hours of paid personal leave will be provided duringa calendar year.
Said personal leave is provided to recognize both the 'fact that these
employees do not and will . not receive payment for overtime and the unavaila-
bility of compensatory time -off for this group of employees '.
7. Deferred - Compensation- - Incentive. The County's contribution to eligible
employees in the Social Service Staff Specialist Unit who participate in
the County's Deferred Compensation Plan will be $20 per month. To be eli-
gible for this incentive supplement, eligible employees must first contri-
bute a Base Contribution Amount to the Deferred Compensation Plan as
follows:
Employees With Current Qualifying Base
Monthly - - - Contribution Amount
$2501 - 3334 $1 ,000
3335 - 4167 1 ,250
4168 - 5000 1 ,500
5001 - 5834 1 ,750
5835 - 6667 2,000
6668 - 7500 2,250
7501 & Above 2,500
64
Employees who meet these Base Contribution Amounts must contribute at least
$100 per month to remain eligible for the $20 County supplement. Employees
who discontinue contributions or who contribute less than $100 per month for
a period of one (1 ) month or more will no longer be eligible for the $20
County supplement. To reestablish eligibility, employees must again make a
Base Contribution Amount as set .forth above based on current monthly salary.
Employees with a break in Deferred Compensation Contributions because of an
approved medical leave, shall not be required to reestablish eligibility.
SECTION -55 --ADOPTION
The provisions of this Memorandum of Understanding shall be made applicable on
the dates indicated and upon approval by the Board of Supervisors. Resolutions
and Ordinances, where necessary, shall be prepared and adopted in order to
implement these provisions. It is understood that where it is determined that
an Ordinance is required to implement any of the foregoing provisions, said pro-
visions shall become effective upon the first day of the month following thirty
(30) days after such Ordinance is adopted.
SECTION-56-'- -DURATION-OF-AGREEMENT
This Agreement shall continue in full force and effect from July 1 1989 to and
including September 30, 1991 . Said Agreement shall automatically renew from
year to year thereafter unless either party gives written notice to the other
prior to sixty (60) days from the aforesaid termination date of its intention to
amend, modify or terminate the agreement.
SECTION-57---SCOPEOF-AGREEMENT-AND-SEPARABILITY-OF-PROVISION
57.1 Scope-of-Aq.reement. 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 inanyand 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.
57.2 Separability-of-Provisions. Should any section, clause or provision of
this Memorandum of Understanding be declared illegal , unlawful or unenforceable,
by final judgment of a court of competent jurisdiction, such invalidation of
such section, clause or provision shall not invalidate the remaining portions
hereof, and such remaining portions shall remain in full force and effect for
the duration of this Memorandum of Understanding.
SECTION-58---PERSONNEL-MANAGEMENT REGULATIONS
Where a specific provision contained in a section of this Memorandum of
Understanding conflicts with a specific provision contained in a section of the
Personnel Management Regulations, the provision of this Memorandum of
Understanding shall prevail . It is recognized, however, that certain provisions
of the Personnel Management Regulations ;-may be supplementary to the provisions
of this Memorandum of Understanding or deal with matters not within the scope of
representation and as such remain in full force and effect.
65
SECTION -59---PAST-PRACTICES-AND-EX ISTING-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 September 30, 1991 , 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.
Date: $/8 - - - - - -__. -
PROFESSIONAL AND TECHNICAL EMPLOYEES,
:CONTRA CO A COUNTY LOCAL 51 FSCM AFL-CIO
/ y . . . . . . . . . .
By
By .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .
.
By . . . . . . . . .
By . . _ . . 0.29
. . F1
. . . . . . . . .
66
Personnel Department
Contra
Costa Third Floor, Administration Bldg.
651 Pine Street
CountCounty Martinez, California 94553.1292
y (415) 3724064
ATTACHMENT ski, Herry D. Clsterman
Director of Personnel
July 9, 1985
Mr, Warren Nelson
Representative
United Clerical Employees,
Local 2700, AFSCME
936 Court Street
1_ Martinez, CA 94553
Dear Mr. Nelson:
This side letter is to confirm agreement that the application of seniority '
rules for purposes of layoff and departmental seniority issues including but not
limited to, reassignment and vacation scheduling, in the Income Maintenance Unit
represented by Local 512, AFSCME will be determined as set forth in Section•'12
of the 1983-•85 Memorandum of Understanding between Contra Costa County and
Professional and Technical Employees, Local 512, AFSCME,
If this conforms to your understanding, please sign the original of this side
letter and return it to me at your earliest convenience. The copy is for your
records
5 Date ' _. � . ' APPROVED AND ACCEPTED
Contra Costa County ProfessioI && Technfcal
Employees, Local 512, AFSCME
cc: Robert Jornl in, Social Service'.-.*
Louise Aiello, Social Service ,
IPM. i
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
Attachment B
Professional and Technical Employees, AFSCME, Local 512, AFL-CIO and the County
have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment for employees in project classes which except for the
project designation would be represented .by Professional and Technical Employees,
AFSCME, Local 512, AFL-CIO. ' For example, Engineering Technician I is represented
by Professional and Technical Employees, therefore, it has been agreed that
Engineering Technician I-Project will also' be represented by Professional and
Technical Employees,
Other Project classes that are not readily identifiable as properly included in
bargaining units represented by Professional acid Technical Employees shall be
assigned to bargaining units in accordance with the provisions of Section
34-12.015 of Board Resolution No. 81/1165.
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, therefore, differs from other regular classes represented by Professional
and Technical Employees AFSCME, Local 512 in the following respects. f ,
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 grievance procedure
specified herein;
3. Any provision of this Memorandum of Understanding which pertains to
layoff or seniority are not applicable to project employees.
�
!
ATTACHMENT C
CLASS & SALARY LISTING
EFFECTIVE JANUARY l _ 1990
`
CLASS -LEVEL- SALARY-RANGE CLASS
1
N3WB C5-1238 1567-1904 BLUEPRINT TECHNICIAN
NSTl C3-1235 1722~1899 ENGINEER TECHNICIAN-CAREER DEVELOPMENT
NPSA C5-1671 2415-2935 ENGINEERING RECORDS TECHNICIAN
N3TF TK-1258 1809-3272 ENGINEERING TECHNICIAN-DEEP CLASS
NgSC C5-1830 2831-3441 HYDROGRAPHER
l ^
INCOME-MAINTENANCE-PROGRAM UNIT
'
---
|
XLSC C5-1800 2747-3339 ELIGIBILITY TRAINING SPECIALIST
XHHA XB-1660 2275-2903 ELIGIBILITY WORK SUPERVISOR I
XHGA C6-1800 2747-3330 ELIGIBILITY WORK SUPERVISOR Il
XLSB C5-1800 2747-3339 INCOME MAINTENANCE PROGRAM SPECIALIST
!
CLASS -LEVEL- SALARY-RANGE CLASS TITLE - - - - - - - - - - - - - -
`
VNTC C5-1591 2| 29-2710 ACCREDITED RECORDS TECHNICIAN
JPHE X8-1580 2100~2680 CRIMINAL & JUVENILE OPERATIONS SUPVR.
JDHA C5-1556 2153-2617 SUPERVISING ACCOUNT CLERK
JWHC XO-1580 2100-2680 SUPERVISING ASSESSMENT CLERK
JWHA XB-1580 2100-2680 SUPERVISING CLERK
V9NB XR-1658 2271-2898 5UPVK. PATIENT FINANCIAL SERVICES SPEC.
�
IT
'
CLASS ..LEVEL SALARYJANGE CLASS TITLE. . . . . . . . . . . . . . . . . .
X43E C5-1956 3211-3903 CHILDREN'S SERVICES PROGRAM SPECIALIST /
X4SH C5-1908 3061-3720 SOCIAL SERVICE PROGRAM ANALYST
i
t EXHIBIT I
(FOR REFERENCE ONLY)
PERFORMANCE STANDARDS
SOCIAL SERVICE PROGRAM ANALYST
CHILDRENS' SERVICES PROGRAM SPECIALIST
NOTE: Criteria are applied where ' applicable and appropriate to
assignment
JOB ASSIGNMENT KNOWLEDGE-
-Understands applicable regulations of program(s) assigned
-Knowledge of budget implications of program(s)
-Understands procedures and forms required in area of
responsibility
-Keeps current in changes in County, State, Federal
regulations, laws, policy and procedures regarding programs
assigned
-Maintains liaison as appropriate with designated state/community
officials, contractors, and other assigned contacts.
ANALYSIS AND PROBLEM SOLVING:
-Understands and correctly interprets work situations and their
impact on Department operations and policy
-Correctly identifies problems and their causes
-Researches, separates and integrates relevant data, perceives
similarities and differences, distills the essence of an idea or
program, breaks complex problem into components for analysis,
and recognizes when more information is needed
-Utilizes a variety of resources when analyzing a problem, i.e. ,
reading material, staff personnel, verbal or written
communications with other.
-Logically analyzes problems, makes effective judgments
-Uses common sense and discretion
-Anticipates trends, changes and developments where applicable
and takes appropriate action or makes recommendations to
appropriate manager/management
-Resolves emergency situations by application of practical
knowledge and common sense. appropriate to the circumstances
COMMUNICATION AND INTERPERSONAL SKILLS:
-Maintains good relations with co-workers, Department Managers,
using tact, courtesy, and listening skills
-Provides appropriate, timely information in both verbal and
written form to the community, other public officials
-Effectively represents and advocates position of Department with
State liaison, community, and the public
-Communicates complex, detailed information
-Instructs others concerning program area of responsibility
-Communicates sensitive controversial material with discretion
-Uses good judgement in communications concerning assignments
-Provides clear verbal and written communications, recognizing
perspective and understanding of intended audience
OUALITY/QMANTITY OF WORK:
-Completes projects and assignments within time frames assigned
by supervisor
-Anticipates and accomplishes further details required to
complete task, and undertakes further related necessary
assignments
-Work is complete and accurate and in accordance with all laws
and regulations appropriate to assignment
-Prepares documents, financial data, statistics and contracts,
with accuracy and in the required detail necessary
-Plans and prioritizes work and prepares all necessary outlines,
training materials, charts, presentations
-Assumes full responsibility for assigned tasks
USE OF SUPERVISION:
-Works independently within supervisory guidelines
-Uses good judgement in informing supervisor regarding issues
requiring further direction, or which are sensitive and
controversial
-Follows supervisory directions and assignments
-Uses conference time appropriately, and is prepared for
scheduled supervisory discussions
Disk 17- progper.std wp
jc
EXHIBIT II
y`� �► (FOR REFERENCE ON
SOCIAL SERVICE DEPARTMENT
MANAGERS PAY FOR PERFORMANCE GUIDELINES
FOR
SOCIAL SERVICE PROGRAM ANALYSTS,
CHILDRENS' SERVICES PROGRAM SPECIALISTS
Supervisors of employees in these classes are referred
to the overall Performance Standards established and
available in the Department Personnel Office. The following
are guidelines for assessing performance meriting a pay for
performance award of either 2.5% or 5% of base pay.
In preparing their recommendations for pay for per-
formance, Supervisors should assess the performance stan-
dards, review the employees recently completed and current
annual evaluation and the goals and expectations for the
individual analyst assignment. Categories of performance
assessed are: Job Assignment Knowledge, Analysis and Problem
Solving, Communication and Interpersonal Skills,
Quality/Quantity of Work, and Use of Supervision.
In reviewing and assessing the request, the supervisor
will consider whether the employee is significantly and
consistently well above standard in most performance
categories. Criteria for consideration should include but
is not limited to:
-consistent completion of projects within or before
assigned deadlines
-demonstrated command of knowledge in assigned program(s)
areas
-anticipation of problem areas related to assignment and
constructive suggestions to alleviate or avoid problems
-significant and/or prolonged effort in producing
extensive quantity of work on departmental high
priorities
-production of high quality work needing little or no
review-.
-demonstrates high quality communication and inter"
personal skills with staff, public, community groups
These criteria are not all-inclusive but intended to
indicate performance well above standard.
i
Employees ;who exceeds standard in several but not most
performance categories have demonstrated performance in
several areas which warrant a recommended award of 2.5
Employees assessed as exceeding standard in most
categories would warrant a recommended award of 5%.
jc: disk 16
perfguid.pa
i
EXHIBIT III
(FOR REFERENCE ONLY) ;?
PAY FOR PERFORMANCE ASSESSMENT FORM
NAME:
CLASS:
PERIOD
COVERED:
EXCEEDS -
STANDARD STANDARD
JOB ASSIGNMENT KNOWLEDGE
t
ANALYSIS AND PROBLEM SOLVING
COMMUNICATION AND
INTERPERSONAL SKILLS
QUALITY/QUANTITY WORK
z
. s
USE OF SUPERVISION
i;
2.50 5%
❑RECOMMEND PAY FOR PERFORMANCE:
DO NOT RECOM H2M PAY FOR PERFORMANCE
SUPERVISOR DATE
PPERASS.FRM 16
i