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MINUTES - 05221990 - 1.54
J4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTYY"CALIFORNIA Adopted this Order on MAY '?2 ,1990 , by the following vote: AYES: Supervisors Powers , Schroder, McPeak, Torlakson, Fanden NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 90/314 SUBJECT: IN THE MATTER OF APPROVING THE MEMORANDUM OF UNDERSTANDING WITH THE DEPUTY SHERIFFS ' ASSOCIATION The Contra Costa County Board of Supervisors RESOLVES THAT: 1 . On May 2.2,1990, the Employee Relations Manager submitted the Memorandum o.f Understanding dated May 1 , 1990, entered into with the Deputy Sheriffs ' Association and the following unit represented by the Association: Deputy Sheriffs ' Unit 2. This Board having thoroughly considered said Memorandum of. Understanding, the same is approved. 3. Salaries and Terms and Conditions of Employment. The Memorandum of Understanding with the Deputy Sheriffs ' Association is attached hereto, and Section Numbers 1 through 50 inclusive are incorporated herein as if set forth in full ansa made applicable to the employees in the above named unit. 4. If an Ordinance(s) is required to implement .a.ny of the foregoing provisions, the Board of Supervisors shall enact said Ordinance(s) . 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 Supervisorso the date shown. ATTE=STED. MAY 2 2 1990 \ PHIL BATCHELOR,Clerk of the Board of Supe ra and County Administrator ,Deputy Orig. Dept.: Personnel CC: Sheriffs' Dept. Auditor-Controller DSA RESOLUTION NO. 90/314 :�... - MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND DEPUTY SHERIFFS' ASSOCIATION EFFECTIVE JULY 1 , 1989 - SEPTEMBER 30, 1991 TABLE OF CONTENTS PAGE DEFINITIONS.. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . :.. . . . .1 SECTION 1 RECOGNITION.. . . . . . . . . . . . . . . . . . . . . .3. 1 .1 Association Recognition.. . . . . .. . . . . . . . . . . . . . . . . . . . . . ......3 1 .2 Association Business .. . . . . . . . . . . . . . . . . . . SECTION 2 ASSOCIATION SECURITY. . . . . . . ... . . .3 2.1 Dues Deduction.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .3 � 2.2 Agency Shop.. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .'. . . . .. . . . .3 2.3 Maintenance ofMembership... . . . . . . ... . . . . . . . . . .. . . . . .. .5 2.4 Withdrawal of Membership. . . . . . . . . . . .. . . . .5 2.5 Communicating With Employees. .... . ... . . .. . .. . . . . . .. . . . . .. . . ..6 2.6 Use of County Buildings.. .... . . . . .. . . . . . . .. . . . . . . . . .. . .. . . . .6 2.7 Advance Notice.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .7 2.8 Assignment of Classes to Bargaining Units .. . . . . . . . . . .. . . . .7 SECTION 3 NO DISCRIMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 SECTION 4 OFFICIAL REPRESENTATIVES. . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . .. . . .8 4.1 Attendance at Meetings.. . . .. . . . . . . . . . . . . . . . . . . .. . . . ... . . ... . . . .8 4.2 Association Representative.. . . . . . . . . . . . . . . . . . . . . . . . .. . . . .8 . 4.3 DSA President in Recruiting Unit Assignment.. . . . . . . . . . . . . .. . . .8 SECTION 5 SALARIES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 5.1 General Wage Increases.. . . . . . . .. .. . .. . . .. . .. . . . . . .. . . . . . . . . . . .9 5.2 Entrance Salary.. .. . . . . . . . . . . . . . . . . .. ... . . . . . . .. ... . . . . . . ...9 .5.3 Anniversary Dates... .. . . . . . . . . . . ... . . . .. . . .. .. . . . . . .. . . . .. .9 . . A. New Employees.. . . .. . . . . .. .. . . ... ...... .. . .. . . . .. ... .9 B. Promotions.. .. . . . . . . . . . . .. . .. . ... . . . . .. . . . . . . . . . . . .. . .10 C. Demotions.. . . . ... . . . . . .. ..10 D. Transfer, Reallocation&Reclassification.. . . . . . .. . .10 E. Reemployments.. .. . . . . . . . .. . .... .. ....... . ..... ... . .. .. . . .10 F. Appointment Above Minimum Salary.... ... .. .. . . . . . .. ..10 5.4 Increments Within Range... . . . . . .. . . . . . ..... ... . . . . . . . . .. . ..10 5.5 Part-Time Compensation.. . . . . . . . .. . . . . . .. ..... ... . . . .. . . . . .. ..11 5.6 Compensation for Portion of Month... .. . . . ... .. . .... . . . .....11 5.7 Position Reclassification.. . . . . . . . .. . . .11 5.8 Salary Reallocation & Salary on Reallocation.. . . . . ... . . . . .. ..11 i , PAGE SECTION 5 SALARIES (CONT- D. ) 5.9 Salary on Promotion... .. . . . . . ... . . .. . . .. .. .. . . . .. . .. . . . : .12 5.10 Salary on Involuntary Demotion... . ...'..... .... . . . . . . . . . . . . . . .12 5.11 Salary on Voluntary Demotion..... .. .. , . . . . . . . . . . . . . . . . .. . . . . .13 . 5.12 Transfer... . . � . . . .... . . . . .. .. . .... . . . . .. . . . .13 5.13 Pay for Work inHigherClassification'... . . .. . . .. . . . . . . . . . .. . .13 5.14 Payment.. . . . . .. .. .. .. . . . . . . . . . . . .. . ..... ..... . . . . .. .. . . . . . . .14 SECTION 6. DAYS & HOURS OF WORK. . . . . . . . . . .. .... . . . . . ... . . . . . . . . . . . . . . .14 6.1 Work Schedules.. . . � . . . . . . .. . : . . . . . . . . . .14 6.2 Time Changes: Pacific StandardTime/Daylight SavingsTime. .. .15 SECTION 7 OVERTIME & COMPENSATORY TIME.. . .... .. .. . . ... . . . . .. . . . . . . . . . . .15 7.1 Overtime..... . . . . . . .. .. . .. . . . :. . ... . . . . .. .... . .. . . . . . . . .. . .15 7.2 Compensatory�Time.. . .. . .. .... . . . ...... . .. . .... . . . . . . . . . . . . . . . .15 7.3 Court Appearance Overtime.. . . . .. . . .. . . . . . . . . . . . . . . .. . . . . . . . .16 7.4 Deputy Sheriff-Coroner Overtime.. . ... . . . . .. . . . .. . . . . . . . . . . . . .17 SECTION 8 CALL BACK TIME... . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .17 SECTION 9 ON-CALL DUTY... . . .. . . . . . . . . . .... . .... ... ... . . . . . . . ..... . . . .17 SECTION 10 WORK SCHEDULING. . . . . . . . . . . . . . .. .. . . .. . . . . ... . .. . . . . . . . . .. . .17 10.1 Shift Assignment Scheduling.. . . :. . . . .. . . . . . . . . . . . . . . ..17 10.2 Patrol and Detention Division Scheduling.. .. . . . . . . . . . . . . . . .. .17 10.3 M-10 Plan and Transportation Bureau.. . . . . .. . : . . . . .. . . . . . . .. . .19 10.4 Investigation Division: Home Garaging.. . .. . . . . .. . . . . . . . . . . . . .20 SECTION 11 SEPARATION THROUGH LAYOFF.. ... .... .. .20 11 .1 Grounds for Layoff... .. . . . . ... . . ... ... .... . . .. . . . . . . .. . . . . . . .20 11 .2 Order of Layoff.. . ... . .. . . . . . .. . .. .... ... ... . . . . . . . . .. . . . . . . .20 11 .3 Layoff by Displacement... . . . .20 A. In the Same Class... . ....... ... .. . ..... . ....... . . . . . . ..20 B. In the Same Level or Lower Class..... . .. ...... .. . . . . . . . . .20 11 .4 Particular Rules on Displacing.... i.. ..... ........ . .. o . . . . . .. .20 11 .5 Seniority.. .. . .. . .. .. ... . .. .. .... .... .. . . .. .. .. . . . . . . . . . . . .. .21 11 .6 Eligibility for Layoff List.. . .. ... .. . . . ... . . ... . . . .. . . ..... .21 11 .7 Order of Names on Layoff.. .21 11 .8 Duration of Layoff & Reemployment Rights... . .. . . . . . . . . . . . . .. .21 11 .9 Certification of Persons From Layoff Lists.... . . . . . . . . . . . . . . .21 11 .10 Removal of Names From Reemployment & Layoff Lists— . . . . . .. . ..22 11 .11 Association Notification.,. .. . . .. . .. . . .. . . . . . . . . . .. . . . . . . .. .22 11 PAGE SECTION 12 HOLIDAYS.. . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . ... . . . . . . . .23 12.1 Holidays Observed... . . . . . . . . .23 12.2 Application of Holiday Credit.. . . . . . . .... . . . . . . . .. . . . . . . . . . . .23 12.3 Permanent Part-Time Employees.. . . . . . .. .. . . . .. . . . :. . . . . . . . . .24 12.4 4-10 Shift - Holidays... . . . . . . . . . . . .. . . ... . . .24 12.5 Accrual & Combining of Holiday CompensationTime With Overtime Compensation Time.. . . . . . . . . . . . .24 . .. . . . . . . . . . . . 12.5 Holidays & Court Appearances - Investigation Division.. . . . . . .25 12.7 Court Holiday Only - Court Services Division.. .. . . . . . : ... . . . . .26 SECTION 13 VACATION LEAVE.. . . . . ... . . . . . .. . . . . . . . . . . . . . . . . . . . . . .26 13.1 Vacation Allowance.. . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . .�. . . . . . . .26 13.2 Vacation Accrual Rates.. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .26 13.3 Leave Without Pay.. . . . . . . . . . . . . . . . . . . . . . . . . .27 13.4 Vacation Allowance for Separated Employees.. . . . . . . . . . . . .. .27 13.5 Permanent Part-Time & Permanent-Intermittent Accrual... . . . . . . .27 SECTION 14 SICK LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 14.1 Purpose.. . . . . . . . . . . . . ... . . . . . . . . . ... . . . . . . . . . . . ., . . . . . . . .27 14.2 Accrual . . . . . . . . . . . . . .. . .. . . . .27 A. Temporary-Illness or Injury... . . . . . . .. . . . . . . . . . . .28. B. Permanent Disability.. . .. .. . . .. . . . . . . . . . . . .. . . . . . . . .28 C' Communica'ble Disease.. . . .. . . .. . . . . . . . . ... . . . . . .: .. . . . . . .28 D. Pregnancy.. . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . .28 E. Medical & Dental Appointments .. . . . . . . . . . . . . . . . . . . . . . . . . .29 F. Emergency Care of Family.. . . . . . .. . . . . . . . . . . . . . . . . . . .29 G. .Death of Family Member.. .. . . . . . . . . . . .29 H. Definition of Immediate Family. . . . . . . . . . . . . . . : . . . . . . .29 14.3 Administration of Sick Leave. . . . . . . . . .. . . . . . . . .. . . . . . . . . . .29 14.4 Sick Leave/Absenteeism.. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .30 14.5 Disability.. . . .. . . .. . . . . . . . . . . . . . . . . . . . . . .. . ,' . . . . . . . . . . . . .30 14.6 Workers' Compensation.. . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . .33 14.7 Coordination with Rehabilitation.Program.. . . . . . . . . . . . . . . . .34 14.8 Leave Without Pay.. . . . . .. . . . . . . ..34 14.9 County-Wide Sick Leave Policy Coalition.. . . . . . . . . . . . �' . . . . . . .34 SECTION 15 LEAVE OF ABSENCE.. . . . . . .. . . . . . . .. .. .... . . . .. . . : .. . . . . . . . .34 15.1 Leave Without Pay.. . . . . . .. ... . . . . . . . . . . . . . . . . . . . .. . . . . .34 15.2 Military Leave.. . . . . .. . . . . . . . . . .. .. . . . . . . . . .:. . . . . . . . . . . . . .35 15.3 Leave of Absence � Replacement.. . . . . . . . . . .... .36 15.4 Salary Review While on Leave ofAbsence,. . . .. .. . . . . . . . . . . . .36 15.5 Unauthorized Absence.. . . . . .. . . . . . . . . . . . . . .36 ' PAGE SECTION 16 JURY DUTY AND WITNESS DUTY. . . . . . . . ... . . . . . . . . . . . . . . . . . .. . . . . .36 16.1 . . Jury Duty.. . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .36 16.2 Witness Duty.. .. . . . . . . . .... .. .. . . . . . . ... .. . . . .. . . . . .. . . . . .. . . . . .37 SECTION 17 HEALTH AND.WELFARE, LIFE AND DENTAL CARE. .. .. . . . . . . . . . . . . . .. .37 17.1 County Programs . . . . . . . . . . . . . . . .. . ... .. . . . . .. .. . . ... . ... . . . .37 17.2 Health Plan Options Rates.. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. .37 17.3 Increased Costs.. . . . . . . .. .. . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . .39 17.4 Medicare Rates.. . . . . . . . . . . . . . . . . . .. .. . . . . .. . . . . . . . . . . . .. . . .39 17.5 Partial Month.. . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . ...39 17.6 Coverage During Absences.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 17.7 Retirement Coverage.. . . . . .. . . . . . . . . .. .. .. . . . . . . . . . . . . . . . . . . . .40 17.8 Dual Coverage.. . . . . . . . . . . . .. . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . .40 17.9 Physical Fitness Plan.. .. . . . . . . .. .. . .. . .. . .. . . . . . . . . . . .. . . .40 17.10 Employee Assistance Program.. . . . . . .. . . . . . .. . . . . . . . . . . . . . .. . . .40 SECTION 18 PROBATIONARY PERIOD.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 18.1 Duration... � . . . . . . . . . . . . . . .. .. . . . .. . . . . . ..'. . . . .41 18.2 Revised Probationary Period.. . . . . .. . • . . . .. .. . . . . . . . . . . . . . . . .41 18.3 Criteria.: . � . . . . . . . . . .. . . . . . . . . . . . . . .41 18.4 Rejection During Probation.. . . . . . . . . .... .... .. . ... . . . .. . . . . .. .. .41 A.. Appeal From Rejection... . . . . . . ..... ... .. . . . .. ... . . . . . . . .41 18.5 Regular Appointment... . ... . ...... ....;.... ...... .. .. . .. . . . .... .42 18.6 Layoff During Probation.. . . . . . . . . . . . . . . . . . . . . . . .42 18.7 Rejection During Probation ofLaidOffEmployee.. . . . . ... . . . . . .43 18.8 Probationary Deputy Sheriffs into Investigation Division.. . . .43 18.9 Deputy Sheriff/Deputy Sheriff Recruit Residency Requirement..43 SECTION 19 NON-SWORN EMPLOYEES: OTHER TERMS & CONDITIONS OF EMPLOYMENT:.43 SECTION 20 PROMOTION.. . . .. .. . . . . ... . . .. . . .. . .. .. .... . . . .. . . .. . . . . . .. . ..44 20.1 Competitive Exam.. . . . . . . . . . . . . . .... . . . . . .. . ... .. . . . . . . . . . . . . .44 20.2 Promotion Policy.. . . . . . ...... .. .. . ... .. .. .. . . .. . ... . . . ... ..44 20.3 Certification Rule.. . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . ... .. .. . .44 20.4 Open Exam... .... . . .. . . . .. . ....... :. .... ..... ... .. . .. .. .44 . 20.5 Promotion Via Reclassification Without Examination.. .. . . . . . . .45 20.6 Requirements for Promotional Standing... ..... . . . . . . . . .. . ... . . .45 20.7 Seniority Credits.: . . . . .. . . . . .. . . . . . ..... . . . . . .. . . . .. .. . .. . . .45 20.8 Physical Examination Requirement.... ... ... .. . ... . . . .. . . ... . .45 SECTION 21 TRANSFER.. .. . . . .. . . . .. . . . . . . . . . .. . . .. . . .. . . . . . . . . . . . . . . . .. . . .46 21 .1 Conditions for Transfer.. . . . . .. . . . . . . . .. . . . . . .. . . . . . . . . . . . . . .46 21 .2 Initiating a Transfer.. . .. . . . ... . . . . . . . . .. . . . .. . . . . . . . . . ... . .46 iv p/ PAGE SECTION 22 RESIGNATIONS.. . . . . . . . . . . . . . . . . . . . .. . . . . . . ... . ... . . . . .. . . . . . .46 22.1 Resignation in Good Standing... . . .. . . . . . . . . .. . . . . ::. . . .. . . . .46 22.2 Constructive Resignation.. . . . . . . . . . . . . . . . . . .. ... . . . . . . . . .46 22.3 Effective Resignation.. . . . . . . . .. .. .... . .. . .. . .. . . . . . . . .47 22.4 Revocation.. . . . . . . . . . . . . . . .. . .... . . .. ... . . . . ... . x. . . . . .. . .47 22.5 Coerced Resignations.. . . . . . . . . . . . :.47 A. Time limit.. . . . . . . . . . . . . . . . .... . . . . . . .. . . .. . . .. . . . . . ... .47 B. Reinstatement.. . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . . . . .47 C. Contest.. . . . . . . .. . . . . . . . . .. . . .. . . . . . . . . . .. . . . . . . . . . . . . . .47 D. Disposition.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 SECTION 23 DISMISSAL, SUSPENSION AND DEMOTION.. . . .. . . . . . . . . . . . .;.. . . . . . . . .47 23.1 Sufficient Cause for Action.. . . . . .. .. . . .. . . . . .47 23.2 Skelly Requirements - Notice of Proposed Action.. . . ... . . . . . . . .48 23.3 Leave Pending Employee Response.... .. .... .. . . . : . . .. . .... . . .49 23.4 Length of Suspension.. . . . . .. . ... .. . . . . . ....49 23.5 Procedure on Dismissal , Suspension or Disciplinary*Action.. . .49 SECTION 24 GRIEVANCE PROCEDURE. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. .. .50 24.1 Definition and Procedural Steps.. . . . . . .. . ... . . . .. . . . . . . . .50 24.2 Association Notification.. . . . . . . . . . . . .. . . . ... . : . . .. . . . . . . . . . .51 24.3 Immediate Arbitration.. . . . . . .. . . . . . . . .. . . . . . . . .. . . . .. . ..51 24.4 Compensation Complaints ... . . .. . . . . . . . ... .. . . . .. . . . . . . . . . . ..52 24.5 No Strike.. . .. . . . .: . : . . . . . . . . . .53 24.6 Merit Board.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . .'. . . .. . . . .53 24.7 Filing by Association.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .53 24.8 Letters of Reprimand.. . . . . . . . . .53 24.9 Corrective Counselling System.. . . . . . . . . . . . . . . . . .54 SECTION 25 DEPARTMENT INVESTIGATIONS.. ... . . . .. . . . .. . . . . . . . . . . . .... . . ... .55 SECTION 26 LABOR MANAGEMENT COMMITTEE.. . .. . . . .. .. . ... . . . . . . . . . . . . . . .55 F SECTION 27 PHYSICAL FITNESS HEALTH CARE.. . o. .. . . .. . . .. . . . . . . . . . .. .. . .. . . .56 SECTION 28 TRAINING OFFICER PROGRAM.. . . . ... . . . . .... .. . . . . . . ... . .. . . . .56 SECTION 29 RETIREMENT CONTRIBUTION. . . . . .. . . . . ... ... . ... . . .. . . . .. . . .56 SECTION 30 SAFETY, .. . . . . . . . . . .. . . . . . . . . . . . .. o . .. . .. . . . . . . . . . ...... . . .56 v PAGE SECTION 31 MILEAGE. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . .. . . . .57 SECTION 32 PAY WARRANT ERRORS. . . . . . . . . . . . . .. . . .. . . . .. . . . . . . . . . . . . . . . .57 . SECTION 33 PROVISIONAL APPOINTMENT.. .. . . . . . . . . . . . . . . . . . .. . .. . . . . . . ... . ..58 SECTION 34 PERSONNEL FILES. . . . . . . . . . . . . . . . . . . . . ... .. .. . . . . .. . . . . . . . . . . . .58 SECTION 35 SERVICE AWARDS.. . . . . . . . . . . . . . . .. ... . . . . . . . . . . . . . . . . . . . . . . . .59 - SECTION 36 REIMBURSEMENT FOR MEAL EXPENSES/CHARGE FOR DETENTION DIVISION MEALS. . . . . . . . .... . . . . . . . . . . . . . . . . .. . . ... .59 SECTION 37 COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY... . . . .. .60 37.1 Conditions for Reimbursement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60 37.2 Employer Policies and Practices.. . . .. . .... . . . . . . . .. . .. . . . . . .61 SECTION 38 UNFAIR LABOR PRACTICE.... . . . . . . .. . . . . . . . . . .. ... . . . . . . . . . . . . .61 SECTION .39 LENGTH OF SERVICE DEFINITION. . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . .61 SECTION 40 PERMANENT PART-TIME EMPLOYEE BENEFITS.. ... . . . . . . . . . . . . . . .. . . .61 SECTION 41 PERMANENT-INTERMITTENT EMPLOYEE BENEFITS.. . .. . . . . . . . . . . . . . . . .61 SECTION 42 PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN.. . . ... ... . .. . . . ..61 a SECTION 43 PROVISIONAL EMPLOYEE BENEFITS... .. . .. .. . . .. .. . . .... .. . .. .. . . .62 SECTION 44 LUNCH PERIOD.. . . . . .... . .... . . . .. . . . . ... . ..... .. . . ... .. . . . . .. .62 SECTION 45 CANINE ALLOWANCE.. . . .. . . . .. . . . . . . .. . .. ..... .. .. ..... . . . . .. . . .62 SECTION 46 UNIFORM ALLOWANCE & S.W.A.T. UNIFORM ALLOWANCE.. .. . . . . . . . . . . .62 vi PAGE SECTION 47 PEACE OFFICER TRAINING.. . . . . . .. . . . . . . . . . ... . . . . . . . .. . . . . . .. . ..63 47.1 Incentive Program - Purposes.. . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . .63 47.2 Incentive Program - Definitions... . . . . . . . . . . . . . . . .. . ..63 47.3 Incentive Program - Intermediate Certificate.. . . . . . . . . . . . . . . .63 47 .4 Incentive Program - Advanced Certificate.... . . . . . . . . . . .. . . . ..63 47.5 Incentive Program - Pay Status.. . .. . . . . . .. . . .. .. . . . .'. . . . . . .. .63 47.6 Deletion of Continuing Education Requirement.. . . . . . . . . . . . . . . .63 SECTION 48 SPECIAL STUDIES OR ACTIONS. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . .64 SECTION 49 CRITICAL INCIDENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... .64 SECTION 50 ADOPTION.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .64 SECTION 51 SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS.. . . . . . . . ... . .64 51 .1 Scope of Agreement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .64 51 .2 Separability of Provisions... . . . . . . . . . . . . .65 51 .3 Personnel Management Regulations.. . . .. . .. . . . . . . . . . . . . . . . . .. . .65 51 .4 Duration of Agreement.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . ... .65 SECTION 52 PAST PRACTICES & EXISTING MEMORANDA OF UNDERSTANDING.. ...... .65 ATTACHMENTS Exhibit A - Specialized Assignments Exhibit B - Work Scheduling Exhibit C - Sheriff' s Aides/Specialists Differentials Exhibit D - Employer-Employee Relations Ordinance Code - Unfair Practices Exhibit E - Project Positions Exhibit F - Sheriff's "Open Door Policy" Exhibit G - •Marsh Creek Detention Facility Scheduling Exhibit H - Court Services Division Assignments Exhibit I - Court Appearance Overtime Exhibit J - Agreement re Former Deputy Marshals and Deputy Marshal-Sergeants Exhibit K - Compensation For Sergeants While Assigned to Dep., Sheriff Positions Exhibit L - Transportation Bureau Position Converted to 4/10 Work Week Exhibit M - Administering OTC Medications in the Martinez Detention Facility Exhibit N - Transportation Bureau Assignments Exhibit 0 - Post Assignments Exhibit P - Firearms Training Policy Exhibit Q - President's Slot Release Time Exhibit R - FLSA Overtime . Exhibit S - Scheduling of Sergeants Exhibit T - Extension of Probation Period for Injured Deputy Sheriff Exhibit U - Pre-employment Agreement Exhibit V - Coroner's Division Shift vii MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND DEPUTY SHERIFFS' ASSOCIATION This Memorandum of Understanding is entered into pursuant to the authority con- tained in Board of Supervisors Resolution 81/1165 and has been jointly prepared by .the parties. The Employee Relations Officer (County Administrator) is the representative of ' Contra Costa County in employer-employee relations matters as provided in Board of Supervisors Resolution. 81/1165, Section 34-8.012. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units :in which the Association is the recognized representative, have freely exchanged' information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. This Memorandum of Understanding shall be presented to the Contra Costa County Board of Supervisors as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing 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. "Appointing Authority" means Department Head unless otherwise provided by statute or ordinance. ' B. "Association" means Deputy Sheriffs' Association, Inc. 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. "Class Title means the designation given to a class, to each position allocated to the class , and to the employees allocated to the ,class. E. "County" means Contra Costa County. F. "Demotion" means the change of a permanent employee to another position in a c ass . allocated to a salary range for which the top step is lower than the top step of the class which the employee formerly occupied except as provided for under "Transfer" or as otherwise provided ':for in this Memorandum of Understanding, in the Personnel Management Regulations, or in specific resolutions governing deep classes. i 1 units for which this section is applicable regardless of whether they are members of the Association.' B. All employees employed in a representation unit on. or after the effec- tive 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 Association or; 2. pay to the Association, an agency shop fee in an amount which does not exceed an amount which may be lawfully collected under appli- cable constitutional , statutory, and case law, which under no cir- cumstances 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 Association to determine an .-agency shop fee which meets the above criteria; or 3. do both of the following: a. Execute a written declaration that the employee is a member of a bonafide religion, body or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization as a condition of employment; and b. pay a sum equal to the agency shop fee described in Section 2.2.8.2 to a non-religious, non-labor. , charitable 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 Association shall provide the County with a copy of the Association's "Hudson Procedure" for the determination and protest of its agency shop fees. The Association 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 fee payor to invoke the Association'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 an . employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term separation includes transfer out of the unit, layoff, and leave of absence with a duration of more than thirty (30) days. E. Annually, the Association shall file with the Director of Personnel a financial statement which shall include an accurate balance sheet and annual income statement.. Such . report shall be available to employees in the unit. Failure to file such a report within sixty (60) days after the end of its calendaryear shall .result in the termination of all agency shop fee deductions without jeopardy to any employee, until said report is filed. 4 F.. Compliance. 1 . An employee employed in or hired into a job class represented by the Association 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 association dues, agency shop fee, initiation fee or charitable contribution required under Section 2.2.B.3 are not received, and the employee has not timely invoked the Association's Hudson Procedure, or if invoked, the employee's "Hudson Procedure" rights have been exhausted, the Union may, in writing, direct that the County withold the agency shop fee and the initiation fee from the .employee's salary, in which case the employee's monthly salary shall be reduced by an amount equal to the agency shop fee and the County. shall pay an equal amount to the Association. ; G. The Association shall indemnify, defend, and save the County harmless against any and all claims , demands, suits, orders, or' judgments, or other forms of liability that arise out of or by reason: of this asso- ciation security section, or action taken or not taken ; by the County under this Section. This includes, but is not l.imited 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 Association. I. In the event that employees in a bargaining unit represented by the Association vote to rescind "Agency Shop," the provisions of Sections 2.3 and 2.4 shall apply to dues-paying members of the Association. J. This section becomes operative February 1 , 1988 2.3 Maintenance of Membership. All employees in units represented by the Association who are currently paying dues to the Association and. all. employees in such units who hereafter become members of the Association shall as a con- dition of continued employment pay dues to the . Association ,for the duration of this Memorandum of Understanding and each year thereafter so- long as the Association continues to represent the position to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.4. 2.4 Withdrawal of Membership. By notifying the Auditor-Controller's Department in writing, between August 1 and August 31 , 1991 , any employee may withdraw from Association membership and discontinue paying dues as of the payroll period com- mencing September 1 , 1991,. . discontinuance of dues payments to then be reflected in the September 10, 1991 paycheck. Immediately upon the close of the above mentioned thirty (30) day period the Auditor-Controller shall submit to the Association a list of the employees who have rescinded their authorization for dues deduction. 5 An employee in the bargaining unit who terminates membership in the. Association shall , as a condition of continued employment, within 30 days of such termination, comply with either Section 2.2.B.2 or 2.2.8.3, without any lapse of financial contributions. 2.5 Communicating With Employees. . The Association shall be allowed to use designated portions of bulletin boards or display. areas in public portions of County buildings or in public' portions of offices in which there are employees represented by the Association, provided the communications displayed have to do with official organization business such as times. and places of meetings and further provided that the Association appropriately posts and removes the infor- mation. The department head reserves the right to remove objectionable materials after notification to and discussion with the Association. ' Representatives of the Association, not on County time, shall be permitted to . ' place a supply .of employee literature at specific locations in County buildings if arranged through the Employee Relations Officer; said representatives may distribute employee organization literature in work areas (except work areas not open to the public) if the nature of the literature and the proposed method of . distribution are compatible with the work environment and work in progress. Such placement and/or distribution .shall not be performed by on duty employees. The Association shall be allowed access to work locations in which it represents employees for the following purposes: 1 . to post literature on bulletin boards; 2. to arrange for use of a meeting room; 3. to leave and/or distribute a supply of literature as indicated above; 4. to represent an employee on a grievance, and/or to contact. an Association officer on a matter within the scope of representation. In the application of this provision, it is. agreed and understood that in each such instance advance arrangements including disclosure of which of the above purposes is the reason for the visit, will be made with the departmental repre- sentative in charge of the work area, and the visit will not interfere with County services. 2.6 Use of County Buildings. The Association shall be allowed the use of areas normal y used for meeting purposes for meetings of County employees during non- work hours when: 1 . Such. space is available and its use by the Association is scheduled twenty- four (24) hours in. advance; 2. there is no additional cost to the County; 3. it does not interfere with normal County operations; 4. employees in attendance are not on duty and are not scheduled for duty; 6 i 5. the meetings are on matters within the scope or representation. The administrative official responsible for the space shall establish and main- tain scheduling of such uses. The Association shall maintain proper order at the meeting, and see that the space is left in a clean and orderly condition. The use of County equipment (other than items normally used in the conduct of business meetings, such as. desks, chairs, ashtrays, and blackboards) is prohi- bited, even though it may be present in the meeting area. 2.7 Advance Notice. The Association shall , except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation 'proposed to be adopted by the Board, or boards and commissions designated by the Board, and to meet with the body considering the matter. . The listing of an item on a public agenda, or the mailing of a copy of a proposal at least seventy-two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four (24) hours before' the item will be heard, shall constitute notice. In cases of emergency when the Board, or boards and commissions . designated by the Board determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical after its action. 2.8 Assignment of Classes to Bargaining Units. The County shall assign new classes in accordance with the following procedure: A. Initial Determination. When a new .class title is established', the Employee Relations Officer shall review the composition of- existing representation units to determine the appropriateness of including . some or all of the employees in the new class in one or more exist-ing representation units, -and within .a reasonable period of time shall notify all ,recognized employee organizations of his determination. B. Final Determination. This determination is final unless within ten days after notification a recognized employee organization requests in *writing to meet and confer thereon. C. Meet and Confer and Other Steps. He shall meet and confer with such requesting organizations and with .other recognized employee, organizations where appropriate) to seek agreement on this matter within sixty days after the ten-day period in Subsection (b) , unless otherwise mutually agreed. • Thereafter, the procedures in cases of agreement and disagreement, arbitra- tion referral and expenses, and criteria for determination shall conform to those . in Subsections (d) through (i) of Section 34-12.008 of Board of Supervisors' Resolution 81/1165. 7 SECTION 3 - NO DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, sex, sexual orientation or Association activities against any employee or applicant for employment by the County or by anyone employed by the' County; and to the extent prohibited by applicable State and Federal law there shall be no discrimination because of age.. There shall be no discrimination against any handicapped person solely because of such handicap unless that handicap prevents the person from meeting the minimum standards established for a position or from carrying out the duties of the position safely. SECTION 4 - OFFICIAL REPRESENTATIVES • 4.1 Attendance at Meetings. Employees designated as official representatives of the Association shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: 1 . If their attendance is required by the County at a specific meeting; 2. if their attendance is sought by a hearing body or presentation of testi- mony or other reasons; 3. if their attendance is required for meeting(s) scheduled at reason-able times agreeable to all parties required for settlement of grievances filed pursuant to Section 23 (Grievance Procedure) of this Memorandum; 4. if they are designated as a grievance representative in which case they may . utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance, provided the meetings are scheduled at reasonable times agreeable to all parties; 5. if they are designated as spokesperson or representative of the. Association and as such make representations or presentations at meetings' or hearings on wages, salaries and working conditions; provided in each 'case advance arrangements for time away from the employee's work station or assignment are made with the appropriate department head or' his designee, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required. 4.2 Association Representative. Official representatives of the . Deputy Sheriffs. Association shall be allowed time off . on County time '-for meetings .during..regular working hours when formally meeting and conferring in good faith or consulting with the Employee Relations Officer or other management represen- tatives 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 or his designee. 4.3 DSA President in Recruiting Unit Assignment:, Upon the development of the first vacancy in the Recruiting Unit, the DSA President shall be assigned to the unit. That slot shall be that of the DSA President holding that office, and shall be passed to subsequent Presidents . 8 SECTION 5 - SALARIES 5.1 General Wage Increases A. Effective December 1 , 1989 each represented classification shall receive a general wage increase of 39 levels on.: the County Salary Schedule (4%). B. Effective January 1 , 1990 each represented .classification shall receive a general wage increase of 20 levels on the County Salary Schedule C. Effective October 1 , 1990 each represented classification, shall receive a general wage increase of 49 levels .on the County Salary Schedule (5%). D. Lump Sum Payment In lieu of a retroactive pay requiring special payroll. recomputation processing 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 per- centage of base pay will be added together for .each applicable pay period to determine the "Retro Pay Base" (RPB)'. This base 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 withholding and retirement deduction requirements . If the employee believes there is an underpayment :resulting from this methodology 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, J f owed, as soon as possible. E. Employees in the job classifications of Sheriff's Dispatcher I, Sheriff's Dispatcher II and Supervising Sheriff's Dispatcher will receive pay equity adjustments of 2% effective January 1 , 1990 and 1% effective January 1 , 1991 . 5.2 Entrance Salary. New employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range.' 5.3 Anniversary Dates. Except as may otherwise be provided for in deep class resolutions, anniversary dates will be set as follows: A. New Employees. The anniversary date of a new employee .:is the first day of the calendar month after the calendar month when the employee successfully completes six (6) months service provided however, if an employee began 9 work on the first regularly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six months service. B. Promotions. The anniversary date of a promoted employee is determined as for a new employee in Subsection 5.3 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. Transfer, Reallocation and Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified .to a class allocated to the same salary range or to a salary range which is within five (5) percent of the top step of the previous classification, remains unchanged. 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 successfully 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 trans- ferred; 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. . 5.4 Increments Within Range. The performance of each employee, except those of employees already at the maximum salary step of the appropriate salary range, shall be reviewed on the anniversary date as set forth in Section 5'.3 to 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 which must be set at the time the original report is returned. Except as herein provided, increments within range shall not be granted more , frequently than once a year, nor shall more than one (1 ) step within-range increment be granted at one time, except as otherwise provided in deep-class resolutions. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review at some date before the next anniversary the special salary review shall not affect the regular salary review. on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the County. If the department verifies in writing that an administrative 10 or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. +. 5.5 Part-Time Compensation. A part-time employee shall be paid a monthly salary ,in the same ratio to the full-time monthly rate to :which the employee would be entitled as a full-time employee under the provisions of this Section 5 as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full-time work schedule of the department. 5.6 Compensation for Portion of Month. Any employee who works 'less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as compensation .for services an amount which is in the same ratio to the established monthly rate as the number of days worked is !to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be .on an- hourly basis. 5.7 Position Reclassification. An employee .who is an incumbent 'of a position which is reclassified. to a class which is allocated to the. same: range of the basic salary schedule as is the class. of . the . position before it was reclassified, shall be paid at the same step of the range as.. the employee received under the previous classification. An incumbent of a position which is reclassified to a class which is allocated to a lower range of the basic salary schedule shall continue to receive the same salary as before the reclassification, but if such salary is greater than the maximum of the range of the class to which the position has' been reclassified, the salary of the incumbent shall be reduced to the maximum: salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of. the class of the position before it was reclassified shall be governed by the provisions of Section 5.9 - Salary on Promotion. 5.8 Salary Reallocation and Salary on Reallocation. A. Ina general salary increase or decrease, an employee ina class which is allocated to a salary range above or below that to which it was pre- viously 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 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 11 5.8 A above," each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that. ;the steps in the new range do not contain the. same rates as the old range, each incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range, -or if the new range does not contain a higher step, at the step which is next .lower than the salary received in the old range. C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as, above or below the salary range of the employee's 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 5.8. 5.9 Salary on Promotion. Any employee who . is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided under Section 5.12 shall receive the salary in the new salary range which is next higher than the rate received before promotion. In the event this increase is less than five percent (5%), the employee's: salary shall be adjusted to the step in the new range which is at least five percent (5%) greater than the. next higher step; provided however that the next step shall not exceed the maximum salary for the higher class . In the event of the promotion of a laid off employee from the layoff list to the class from which. the employee was laid off, the employee shall ; be appointed at the step which the .employee had formerly attained in the higher. class unless such step results in an increase of less than five percent .(5%) , in which case the salary shall , be adjusted to the step in the new range which isJive percent greater than the next higher step, if the new range permits such adjustment. 5.10 Salary on Involuntary Demotion. Any employee who . is demoted, except as provided under Section 5.12, shall have his/her salary reduced to the monthly salary step in the range for the class of position to which he has.' been demoted next lower than the salary received before demotion. In the event this decrease is less than five percent (5%) , the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided, however, that the next step shall not be less than the minimum salary for the lower class . Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater. seniority rights, the salary of 12 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 Ito which he/she has been demoted, all within-range increments having been granted. 5.11 Salary on Voluntary Demotion. Whenever any employee -voluntarily demotes to a position in a class having a salary schedule lower than that of the class from which he or she demotes, his or her salary shall remain the same if the steps in his or her new (demoted) salary range permit, and if. not, the new salary shall be set at the step next below former salary. 5.12 Transfer. An employee who is transferred from one position to another as described under "Transfer" shall be placed at the step in the salary range of the new class which equals the rate of pay received before the transfer. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the employee shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the employee shall be placed at the step which is next lower than the salary received in the old range. If the transfer is . to a deep class , the provisions of the deep class resolution on salary of transfers, if any, shall apply in lieu of the above provisions. 5.13 Pay for Work in 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 5.9 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. The appropriate authorization form has been submitted by the Department Head and approved by the County Administrator. 6. Higher pay assignments shall not exceed six (6) months except through reauthorization. T. If approval is granted for pay for work in a higher classification and the assignment is terminated and later reapproved for the same employee within thirty (30) days no additional waiting period will be required. 13 8. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential and canine differential ) accruing to the employee in his/her permanent position shall continue unless the employee is no longer performing the duties which warrantthe differentials. 9. 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. 10. Allowable overtime pay, shift differentials and/or work location differen- tials will be paid on the basis of the rate of pay for the higher class. 5.14 Payment. On the tenth (10th) day of each month, the Auditor will draw a • warrant upon the Treasurer in favor of each employee for the amount of salary due the employee for the preceding month; provided, however, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall , on the twenty-fifth (25th) day of each month, draw his/her warrant upon the Treasurer in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less (at the option of the employee) of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. The election to receive. an advance shall be made on or before April 30 or October 31 of each year or during the first month of employment by filing on forms prepared by the Auditor-Controller a notice of election to receive salary advance. Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to .this Section 5.14 all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth (10th) day of the following month. SECTION 6 - DAYS AND HOURS OF WORK 6.1 The normal work week of County employees is forty (40) hours between 12:01 a.m. Monday to 12:00 midnight Sunday, usually five (5) eight-hour days; however, where operational requirements of a department require deviations from the usual pattern of five .eight-hour days per work week, an employee's work hours may be . scheduled to meet these requirements, but his/her working time shall not exceed an average of forty (40) hours per seven (7) day period throughout an opera- tional cycle, and the department head shall prepare written schedules in advance to support all. deviations, the schedules to encompass the complete operational cycle contemplated. 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. 14 If the County wants to eliminate any existing "4-10" shift and, substitute a "54" shift or to institute a 64-10" shift which does not allow for three (3) consecutive days off (excluding overtime days or a change of shift assignment), At will meet and confer with the Association prior to implementing said new shift. The work schedule for- certain employees at the Rehabilitation Center in Clayton and the Work Furlough Facility in Richmond shall consist of three (3) twelve (12) hour shifts the first week and three (3) twelve (12) hour shifts and one (1 ) eight (8) hour shift the second week. The work schedule for employees in the Coroner's Bureau filling "living-in- positions" shall consist of three (3) twenty-four (24) hour shifts -.during a nine (9) day calendar period , the work shift order of which generally is as follows: on duty; off duty; on duty; off duty; on duty; followed by four (4) consecutive days off. 6.2 Time Changes: Pacific. Standard Time/Daylight Savings Time.: The Sheriff agrees to adjust work hours for personnel to eliminate a-n eleven (11 ) hour tour of duty for personnel working a 4-10 work schedule, or nine (9) hour tour of duty for other department personnel who are working the Morning Watch upon return to Pacific Standard Time from Daylight Savings Time. Upon return to Daylight Savings Time, the hours will also be adjusted to insure that a ten. (10) hour tour, of duty for personnel on a 4-10 work schedule or an eight (8) hour tour of duty for other department personnel . SECTION 7 - OVERTIME AND COMPENSATORY TIME 7.1 Overtime. Overtime is any authorized work performed in excess of forty hours per week or eight hours per day. Overtime for "4-10"shift employees is any work performed beyond ten hours per day or forty. hours per week. All over time shall be compensated for at the ' rate of one and one-half (1-1/2) times the employee's base rate of pay. Any special differentials which are applicable during overtime hours worked shall be computed on the employee's! base rate of pay (not on the overtime rate of pay) . Overtime for 12 hour shift employees is any, work performed beyond their scheduled hours in a work day or work week. Overtime for permanent employees is earned and credited in a minimum of one-half hour increments and is compensated by either pay or compensatory time off. 7.2 Compensatory Time. The following provisions shall apply: A: With the exception of employees in the Criminalistics Laboratory represented by the DSA, employees may select compensatory time off or overtime pay each time he/she submits an overtime card. B. 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. C. Employees may not accrue a compensatory .time off balance that exceeds .three hundred sixty-eight (368) hours. Once the maximum balance has 15 been attained , authorized overtime hours will be paid at the overtime rate. If the employee's balance falls below three hundred sixty-eight (368) hours , the employee shall again accrue compensatory time off. for authorized overtime hours worked until the employee's balance again reaches three hundred sixty-eight (368) hours. Sheriff's Dispatchers may accrue up to four hundred eight (408) hours. D. 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 eighty (80) hours. E. Employees may not use more than eighty (80) hours of compensatory time off in any fiscal year period (July 1 - June 30). F. The use of accrued compensatory time off shall be by mutual agreement between the department head or his designee and the employee. Compensatory time off shall not be taken' when the employee 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. G. 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. wi l be carried forward with the employee. H. . 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. I . 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 same rate of one and one-half times (1-1/2) for the employee's current salary whenever: 1 . the employee separates from County service; 2. the employee retires. K. The Office of the County Auditor-Controller will establish timekeeping procedures to administer this Section. 7.3 Court Appearance Overtime. Effective January 1 , 1990 Deputy Sheriffs will be compensated for off-duty court appearances in the following manner: for each court appearance in response to a subpoena, they will receive a court appearance pay in the amount of $75, and overtime pay for the actual time in 16 court but not less than one hour of overtime pay. This cap is limited to one appearance each in the a.m. and p.m. It is also limited to one payment for each subpoena. This agreement is reached in special recognition of- the time and travel associated with court appearances by Deputy Sheriffs. 7.4 Deputy Sheriff-Coroner Overtime. If a Deputy Sheriff as to the Coroner's Division works overtime in the Coroner's Division, overtime shall be calculated based on the number of assigned work hours in the week;'( however, if a Deputy Sheriff assigned to the Coroner's Division works overtime elsewhere in the Sheriff-Coroner's Department, said Deputy Sheriff shall be paid overtime, calculated on the standard, hourly rate applicable to all other deputies. Implementation of this provision may require adoption of a Board df Supervisor's Ordinance. 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 . Employees who are assigned in writing to on-call status and are carrying pagers will be compensated at the rate of $200 per week or 8 hours compensatory time off for each full week (7 days) of on-call assignment, the method of compensation, will , be determined by mutual agreement between the department and the -individual employee. SECTION 10 - WORK SCHEDULING 10.1 Shift Assignment Scheduling. The following definitions shall be used for shift assignment scheduling only: A. Assignment. The appointment or direction to work a particular shift, as defined herein. B. Bidding System. The manner in which assignments to shifts are deter- mined pursuant to provisions of this "Memorandum of Understanding". C. Shifts. A regularly assigned tour of duty with an established starting and ending time for each work day. D. Seniority. An employee's seniority within a class shall; be determined by the length of continuous employment in that class. 10.2 Patrol and Detention Division Scheduling. The policy and procedures for establishing a work schedule for Deputy Sheriffs and Sergeants assigned to the Patrol Division (including the Contract Cities) will be as follows: 17 A. Length of Shifts. The bidding for shifts shall take place on a quar- terly basis . The shift periods will be: 1 . January - March 2. April .- June 3. . July - September 4. October December B. Selection of Shifts. Personnel shall bid for their shifts and days off based on their seniority. In the Patrol Division, personnel shall also bid for a particular sub-station based on their seniority. C. Transfers. 1 . Personnel transferred into Patrol or Detention Division following the establishment of the sign-up' will be assigned to a vacant slot. 2. A reassignment of patrol personnel from one substation to another does not constitute a transfer. D. Exceptions. The Sheriff reserves the right to make exceptions and assign shifts as necessary in the following circumstances: 1 . Emergency situations that may arise. 2. To correct an obvious imbalance in the experience. level of person- nel assigned to any given shift. 3. To assign specialists to certain shifts. Specialists are person- nel assigned to certain specialized duties including, but not. necessarily limited to those assigned as: a. Crime scene investigators b. Canine handlers c. Marine patrol personnel d. Litter control personnel e. Relief Shift personnel f. Special Weapons and Tactics team members g. Supply and Services Deputy ' h. Court Liaison Deputy i. Bus Drivers The present practice of choosing persons for specialized positions shall continue in part as memorialized by the memorandum labeled "Specialized Assignments", executed by the Sheriff on June 17, 1985 shown herein as Exhibit A. 18 I. 4. To provide for retraining of any personnel whose job performance is substandard orunsatisfactory. 5. To compensate for vacancies, absences due to injury,; illness, leave of absence or emergency leave. 6. In any circumstances where the duties and responsibilities of the office cannot be carried out without adjusting work schedules. E. Detention Division Tranfer Policy. �. 1 . Newly hired Deputy Sheriff's are assigned to the Detention Division for a maximum. of 33 months OR COURT SERVICES FOR 36 MONTHS and. are then transferred to the Patrol Division. 2. To balance staffing needs, Deputy Sheriff's may be transferred to the Detention Division in order of reverse "Detention Seniority" ; persons with the least amount of Detention 'Divis:ion seniority being at the top of the transfer list. 3. A Deputy Sheriff who has completed his/her initial assignment in Detention and is subsequently transferred to Detention will be assigned a maximum of 18 months, unless the Deputy requests an extension and that extentsion is approved by the Detention Division Commander. 4. A Deputy Sheriff with 20 years seniority as a Deputy Sheriff with Contra Costa County is exempt from mandatory transfer to the Detention Division, except as provided in (5) below. , 5. A Deputy assigned to a contract city is exempt from mandatory transfer to the Detention Division during the first four years of assignment to the city. If, during the first four -years of city assignment the deputy would have been scheduled to transfer to the Detention Division, that transfer is deferred until completion of the four year assignment. A deputy who reaches his/her 20TH year of. department seniority during this "deferred transfer" status does not become exempt from rotation to Detention, and will be required to' serve up to an 18-month assignment in Detention. 10.3 M-10 Plan and Transportation Bureau. The County/Department may reopen this M U on the subject matter of the twelve-hour staff and of other related matters concerning MCDF, as raised in Management's Proposal 410 in 1989 negotiations and in its memo of September 8, 1989. This reopener may be exercised after the commencement of operations of the West County Justice Committee and after the population at MCDF stabilizes at 360 inmates or less. With regard to assignments to the Transportation Bureau, the Department may require an eighteen month minimum assignment. The Department -will use the Selection Committee procedures, on a Department-wide basis., for filling the positions. The current practices involving the requirement that new personnel get a selection, and the maintenance of the Class II license,, and County provision of time and costs for such acquisition and maintenance (.e.g., release time and medical tests) shall continue. In addition, the practice of requiring that Transportation Bureau personnel be patrol qualified shall continue. 19 10.4 Investigation Division : Home Gara in . All employees in this. bargaining unit assigned to the Investigation Division will be allowed to home garage their assigned automobiles. It is understood that the Department will establish reasonable written policy and procedures consistent with County policy and operational needs. SECTION 11 - SEPARATION THROUGH LAYOFF 11 .1 Grounds for Layoff. Any employee(s) having permanent status in positions in the merit service may be laid off when the. position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). • 11 .2 Order of Layoff. The order of layoff in a . department shall be based on inverse seniority in the class of positions, the employee in that department with least seniority being laid off first and so on. 11 .3 Layoff By Displacement. A. In .the same class. A laid off permanent full-time employee may displace an employee in the department having less seniority in the same class who occupies a permanent intermittent or permanent part- time position, the least senior employee ,being displaced first. B. In the Same Level or Lower Class. A laid off or displaced employee who had achieved permanent status in a class at the same or lower salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class an employee having less seniority; the least senior employee being displaced first , and so on with senior displaced employees displacing junior employees. 11 .4 Particular Rules on Displacing. A. Permanent intermittent and . permanent part-time employees may displace. only employees 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 (1 ) in the same class as provided in Section 11 .3 (a) , or (2) in a class of the same or lower salary level as provided in Section 11 .2 (b) if no full-time employee in a class at the same or lower salary level has less seniority than 'th'e 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. 20 11 .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 lengthiof 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 ',transferr.ed without examination from one class to another class having a salary 4ithin five percent of the former class shall carry the seniority accrued in th'e former class into the new class . Service for. layoff and displacement purpose's 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. r Approved leaves of absence as provided for in these rules and regulations shall • not constitute a period of separation. In the event of ties !in seniority rights in the particular class in question, such ties shall be broken! by. length of last continuous permanent County employment. If there remain ties in seniority rights, such ties shall be broken by counting total time in the '.department in permanent employment. Any remaining ties shall be broken by random selection among the employees involved. 11 .6 Eligibility for Layoff List. Whenever any person who has permanent status is laid off, has been displaced, has been demoted by displacement; or has volun- tarily demoted in lieu of layoff or displacement, or who hasjtransferred in lieu of layoff or displacement, the person's name shall be placed on the layoff list for the class of positions from which that person has been 'removed. 11 .7 Order of Names on Layoff. First, layoff lists shall contain the names of persons laid off or displaced or when .demoted as a result of 4 layoff or displa- cement, or who have voluntarily demoted in lieu of layoff orldisplacement or who have transferred in lieu of layoff or displacement. Names shall be listed in order of layoff seniority in the cllass from which laid off, displaced, demoted , or transferred on the date of layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons laid off from different departments , the tie(s) shall be broken by length of last contin- uous permanent County employment with remaining ties broken by random selection . among the employees involved. , 11 .8 Duration of La off and Reemployment Rights. The name! of 'any. person laid off or granted reemployment privileges after application shall continue on the appropriate list for a period of two (2) years. Persons placed on layoff lists shall be continued on the list for an additional two years !: if application for extension of eligibility is made before the expiration of the,. original period of eligibility. 11 .9 Certification of Persons From Layoff Lists. Layoff lists contain the names) of persons laid off, displaced or demoted by displacement or volun- tarily demoted in lieu of layoff or who have transferred in lieu' of layoff or displacement. When a request for personnel is received from the appointing authority of a department, if a layoff list exists for the class, the appointing 21 authority shall receive and appoint the eligible highest on the layoff list from that department; or in the case that there is no layoff from that department, the appointing authority shall receive and appoint the eligible highest on the layoff list . However, if an eligible so certified is rejected during probation and restored to the layoff list, the rejected employee will not again 'be cer- tified to the department from which rejected on probation unless the appointing authority so requests : The Director of Personnel shall recommend to the Board of Supervisors that a person employed from "a layoff list be appointed at the same step of that salary range the .employee held on 'the day of layoff. 11 .10 Removal of Names from Reemployment and Layoff Lists. The Director of Personnel may remove the name of any eligible from a reemployment or layoff list ' for any reason listed below: 1 . For.' an'.y cause stipulated in Section 404.1 'of the Personnel: Management ' Regulations . 2. On evidence that the eligible cannot be located by postal authorities 3. 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. 4. If three offers of permanent appointment to the class for which. the eli- gible li.st .was established have been declined by the eligible. 5. 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. 6. If the eligible fails to respond to the Director of Personnel or the appointing' authority within five (5) days to written not ice of cer- tification mailed to the person's last known address. Notice shall be sent to the person affected. 11 .11 Association Notification. When it appears to the department head and/or Employee Relations Officer that the Board of Supervisors may take action which will result in the layoff of employees in a representation unit represented by the Deputy Sheriffs' Association, the Employee Relations Officer shall notify the Association of the possibility of such layoffs and shall meet and confer with it regarding the implementation of the action. The County agrees to give employees ten (10) work days . (eight (8) work days for , employees on the "4-10" workweek) notice of layoff except in cases of emergency. 22 SECTION 12 - HOLIDAYS 12.1 The County will observe the following holidays: January lst , known as New Years Day Third Monday in January known as Dr, Martin. Luther King Jr. Day February 12th, known as Lincoln's Day Third Monday in February, known as Presidents Day The last Monday in May, known as Memorial Day July 4th known as Independence Day First Monday in September, known as Labor Day September 9th, known as "Admission Day" The Second Monday in October known as Columbus 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. 12.2 The following provisions indicate how holiday credit .is' to be applied: A. Employees on the five-day forty (40) hour Monday through Friday work schedule shall be entitled to a holiday whenever a 'holiday is observed pursuant to the schedule cited above. B. Employees on a work schedule other than Monday through Friday shall be entitled to a credit for any holiday, whether worked or -not, observed by employees on the regular schedule; conversely, such employees will not receive credit for any holiday not observed by employees on the regular schedule even though they work the holiday.' C. Permanent full. time employees will be paid one and one-half (1 1/2) times their basic salary rate for holidays actually;. worked. The purpose of this plan is to equalize holidays between employees on a regular work schedule and those on other work schedules. i If a holiday falls on the days off of an employee .on a* schedule other than Monday through Friday, the employee shall be given credit for overtime or granted time off on the employee's next scheduled work day. Employees who are not permitted. to take holidays because of the nature of their work are entitled to overtime pay as specified by this Memorandum of Understanding. If any holiday listed in' Section 12.1 . (A) above falls on a Saturday, it shall be celebrated on the preceding Friday. If; any holiday listed in Section 12.1 (A) falls on a Sunday, it shall be celebrated on the following Monday. . D. Personnel represented by the Deputy Sheriff's Association who are in the following assignments on Columbus Day, Admission Day, or Lincoln's 23 Birthday, will not celebrate a holiday on those days, but 'will accrue personal holiday credits : Investigation Division (except Orinda contract officers) Criminalistics Division Administration Division Coroner's Division (Sergeant only) Detention Division (Bureau of Administrative Services only). Service Division (Civil Bureau ) Employees will accrue eight (8) hours of personal holiday credit for each of the three days (Columbus Day, Admission Day and Lincoln's Birthday) on which they are in the above assignments. The credit will be accrued on the last, day of the month in which these days occur. No employee may accrue more than forty (40) hours of personal holiday credit beginning January 1 , 1988; this accrual is in addition to that provided in Section 12.5 (3). On separation from County service, an employee shall be paid for any unused personal holiday credits at the employee's then current rate of pay. 12.3 Permanent Part-Time Employees shall receive holiday credit in the same ratio to the holiday credit given full time employees as the number of hours per week in the part-time employee's schedule bears to the number of hours in the regular full-time schedule, regardless of whether the holiday falls on the part- time employee's regular work day. 12.4 "4-10" Shift - Holidays. A. Holiday Shift Pay. Each "4-10 shift employee who works a full shift on a holiday shall receive time and one-half for the first .eight (8) hours worked in. addition to two (2) hours regular pay for the holiday. Holiday shift pay shall be subject to provisions of Section 7 - "Overtime". B. Absence on Holiday. The maximum time charged to sick leave, vacation or leave without pay on a holiday shall be two (2) hours. 12.5 Accrual & Combining of Holiday Compensation Time With Overtime Compensation Time. Employees entitled to overtime credit in positions which work around the clock shall be permitted to elect between pay at the overtime rate or compensatory time off in recognition of holidays worked, except that for the first two years of employment .SWORN employees hired in classifications represented by . the Deputy Sheriffs' Association after October 1 , 1982 will be required to receive compensatory time in lieu of paid holiday overtime. 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 following procedures shall apply to this selection: . A. Any person who is eligible and who elects to accrue holiday time must agree to do so for a full fiscal year (July 1 through June 30), or the remainder thereof, unless otherwise specified by the Board. 24 1 B. Holiday time shall be accrued at the rate of one .and one-half (1-1/2) times the actual hours worked to a maximum of eight (8) hours worked by the employee. C. Holiday time may not be accumulated in excess of two hundred eighty- eight (286) working hours. Holiday time may be: accrued up to 288 hours, exclusive of regular vacation accruals. After 288 hours, holi- day time shall be paid at the overtime rates as speci-fied in Section 7. D. Accrued holiday time may be taken off at times determined by mutual • agreement of the employee and the department head. E. Accrued holiday time shall be paid off only upon a change in status of • the employee such as separation, transfer to another department or reassignment to a permanent-intermittent position. ` F. Employees with three (3) or four (4) years of service as a Deputy Sheriff by November 1, 1987 may utilize up to five .(5) days of accrued holiday time in conjunction with their earned two (2) week vacation. G. Employees shall be able to combine their holiday compensatory time and their overtime compensatory up to a maximum of 368: hours. The imple- mentation shall be pursuant to the Auditor's memorandum of September 28, 1989. 12.6 Holidays & Court Appearances-Investigation Division. A. When , in the Investigation Division, a holiday ,falls. on either a Friday or a Saturday and an employee's regularly scheduled day off is Friday, the employee will take the preceding Thursday off as a holi- day. When a holiday falls on either a Sunday or a Monday, and an employee's regularly scheduled day off is Monday, the employee will take the succeeding Tuesday off. When an employee takes :.a Thursday or Tuesday off in lieu of a Friday, Saturday., Sunday; or Monday falling on a holiday, the maximum time charged to vacation, or accrued compen- satory time shall be two (2) hours. B. Court time for appearance by employees regularly assigned to the Investigation Division which fall on their regularly scheduled day off or their off-duty time shall be processed and handled in accordance with Section 7.3 of the Memorandum of Understanding. Each employee who is advised by the Sheriff's Department to . appear and who sub- sequently appears in court shall submit an overtime card for the mini- mum set forth therein, or the actual time of their appearance, if the actual time is greater. The employee may request either compensatory time off or overtime pay depending upon the employee's current sign-up request as set forth in Section 7.2 (A) of the Memorandum of Understanding. Additionally, the "side letter" dated December 1 , 1982, signed by representatives of the Deputy Sheriffs" Association and the County detailing new work schedules and other terms and con- ditions of employment is attached to this memorandum of ;understanding and is shown herein as Exhibit "B". 25 12.7 On what is termed a "Court Holiday Only" ,(holidays celebrated only by the courts) , employees of the Court Services Division will receive eight (8) hours of personal holiday credit. The day will be utilized for mandatory division training for Court Services employees. SECTION 13 - VACATION LEAVE 13.1 Vacation Allowance. Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a per- manent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1 ) hour calculated on the same basis as for . partial month compensation pursuant to Section 5.6 of this Memorandum of Under- standing. Vacation credits may not be taken during- the first six (6) months of employment (not necessarily synonymous with probationary status) except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. 13.2 Vacation Accrual Rates. For employees hired prior to January 1 , 1983 the rates at which vacation credits accrue and the maximum accumulation thereof are as follows: Monthly Maximum Accrual Cumulative Length of Service Hour Hours Under 11 years 10 240 11 years 10 2/3. 256 '2 years 11. 1/3 272 13 years 12 288 14 years 12 2/3 304 15 through 19 years 13 1/3 320 20 through 24 years 16 2/3 400 25 through 29 years 20 480 30 years and up 23 1/3 560 For employees hired on or after January 1 , 1983, the rates at which vacation credits accrue, and the maximum accumulation thereof, are as follows: 26 i Monthly .Maximum Accrual j`Cumulative Length of Service Hour Hours Under 5 years 6 2/3 1:160 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 X400 25 through 29 years 20 1480 30 years and. up 23 1/3 '560 13.3 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 creditduring the absence. 13.4 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. 13.5 Employees in permanent part-time and permanent-intermittent positions shall accrue vacation benefits on a prorated basis as provided tin Resolution 81/1165 , Section 32-2.006. SECTION 14 - SICK LEAVE 14.1 The purpose of paid sick leave is to insure employees :'against loss of pay for temporary absences from work due to illness or injury. Sick leave may be used only as authorized; it is not paid time off which employees may use for personal activities. 14.2 Sick leave credits accrue at the rate of eight (8) working hours credit for each completed month of service. Employees who work a . portilon 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 amountsof one- half (1/2) hour. Unused sick leave credits accumulate from lyear to year. When an employee is separated, other than through retirement, accumulated sick leave credits shall be cancelled,. unless the separation results from layoff in which case the accumulated credits shall be restored if the employee is, reemployed in a permanent position within the period of his layoff eligibility. Upon retirement, an employee's accumulated sick . leave shall be' converted to retirement time on the basis of one day of retirement service credit for each day of accumulated sick leave credit. Accumulated paid sick leave credits .may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: 27 A. An employee may use paid sick leave credits when the employee is off work because of a temporary illness or injury. B. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhaused or until the :employee is retired by the Retirement Board subject to the conditions listed below. For the purposes of this Section 14 permanent disability shall . mean the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which he or she is qualified by reason of education, .training or experience. Sick leave credits may be used under this provision only when the following requirements are met: 1 . An application for retirement due to disability. has been filed with the Retirement Board; and 2. Satisfactory medical evidence of such disability is re-ceived by the appointing au.thority 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 examina- tion as he deems necessary, and may terminate use of sick leave when such further examination demonstrates that .the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. C. Communicable. Disease. An employee may -use paid sick leave credits while under a physician's orders. to remain secluded due to exposure to a communicable disease. D. Sick Leave Utilization for Pregnancy Disability. Every female employee shall be entitled to at least four months leave of absence on account of pregnancy disability and to use available sick leave or vacation pay entitlements during such leave. 1 . Application for such leave must be made by the employee to the appointing authority accompanied by a written 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. ?_. 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, mis- carriage, abortion, childbirth or recovery therefrom, the employee shall be required to undergo a physical examination by a physician selected by the County, and the cost of such examination shall be borne by the County. Should the medical . report so :recommend, a mandatory leave shall be imposed upon the employee for the dura- tion of the disability. 28 3. If all accrued sick leave has been utilized by the employee the employee shall be considered on leave. without pay. !Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the' County with a writ- ten statement from her attending physician stating that her disa- bility continues and the projected date of the employee's recovery from such disability. E. Medical and Dental Appointments. An employee may use paid sick leave credits for medical and dental appointments as follows: i 1 . For working time used in keeping medical and dental appointments for the employee's own care; and 2. Effective the first of the month following the. execution of this agreement, for working time (not over thirty-two (32) hours in each fiscal year) used by an employee for pre-scheduled medical and dental appointments for an immediate family member living in the employee's home and for children and parents who may reside outside of the employee's home. Such use of sick leave credits shall be accounted for by the department on a fiscal year basis . Any balance of the thirty-two (32) 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 con- tingent on availability of accumulated sick leave credits; it is not an additional allotment of sick leave which : employees may charge. F. Emergency Care of Family. Effective the first of the month following the execution of this Agreement, an employee may use paid sick leave 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. G. Death of Family Member. An employee may use said sick:. leave credits for absence from work because of a death in the employee's immediate family, but this shall not exceed three (3) working days plus up to two (2) days of work time for necessary travel . H. Definition of Immediate Family. For the purposes of this Section 14 the immediate family shall be restricted to the spouse,; son, stepson, daughter, stepdaughter, father, stepfather, mother,: step-mother, brother, sister, grandparent, grandchild, father-in-law, mother-in- law, son-in-law, daughter-in-law, brother-in-law or sister-in-law, of an employee. 14.3 Administration of Sick Leave. Accumulated paid sick leave credits may not be used in the following situations: 1 . Self-inflicted Injury. For time off from work for an employee's illness or injury caused by his or her willful misconduct. 29 2. Vacation. For an employee's illness or injury while the employee is on vacation except when extenuating circumstances exist and the appointing authority approves. 3. Not in Pay Status. When the employee would otherwise be eligible to use paid sick leave credits but is not in a pay status. The proper administration of sick leave is a responsibility of the employee and the department head. The following procedures apply: 1 . Employees. are responsible for notifying their respective division of an absence as early as possible prior to the commencement of their work shift and in accordance with divisional operational requirements. Notification shall include the reason and possible duration of the absence. 2. Employees are responsible for keeping their department informed of their continuing condition and probable date of return to work. 3. Employees are responsible for obtaining advance approval from their appointing authority or designee for the 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, the department head may make .such investigations as he deems necessary including medical verification of illness. 14.4 Sick Leave/Absenteeism A. Before - an employee is placed in a corrective counselling phase for absenteeism, there shall be an informal discussion between :a represen- tative of management, a designated representative of the . Association and the affected employee, on the issue. Recordkeeping shall be informal , only reflecting the date of the meeting and the par- ticipants . However, with regards to these meetings, the Department may maintain anonymous statistical information on the success of the program. B. The Department shall centralize the administration of its sick leave/absenteeism program. 14.5 ,Disability. A.. An employee physically or mentally incapacitated for the performance of duty is . subject to dismissal, suspension or demotion,' subject to the County Employees Retirement Law of 1937. An appointing authority after giving notice may place an employee on leave if the appointing authority has filed an application for disability retirement for the employee, or whom .the appointing authority believes to be temporarily or permanently physically or mentally incapacitated forithe perfor- mance of the employees duties. 30 B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, or the public, or which impair the employee's performance of duty, may order the employee to undergo at County expense and on the employee's paid time, a physical, medical and/or psychiatric exmination by a licensed physician and receive a report of the findings on such examination. If the examining physician recommends that treatment for physical or mental health problems , including leave, are in the best interests of the employee or the County in relation to the employee overcoming any . disability and/or performing his or her duties the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due 'to .temporary or permanent disability shall be without 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 action as he deems necessary in accordance with appropriate provisions of this Memorandum of Understanding. E. Before an employee is placed on an unpaid leave of absence or suspended because of physical or mental incapacity under (a) or (b) above, the employee shall be given notice of the proposed leave of absence or suspension by letter or memorandum, delivered personally or by certified mail , containing the. following: 1 . a statement of the leave of absence or suspension proposed; 2. the proposed dates or duration of the leave or suspension which may be indeterminate until ' a certain physical or mental health condition has been attained by the employee; 3. a statement of the basis upon which the action is being taken 4. a statement that the employee may review the materials upon which the action is taken; 5. a statement that the employee has until a specified date (not less than seven (7) work days from personal delivery or mailing of the notice) to respond to the appointing authority orally or in writing. F. Pending response to the notice the appointing authority for cause 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. 1 . Scope of the Arbitrator's Review. a. The arbitrator may. affirm, modify or revoke the leave of absence or suspension. 32 1 b. The arbitrator may make his decision based only on evidence submitted by the County and the employee. C. The arbitrator may order back pay or paid sick leave credits for any period of leave of absence or suspension if the leave or suspension is found not to be sustainable, subject to the employee's duty to mitigate damages. d. The arbitrator's fees and expenses shall be paid one-half by the County and one-half by the employee or employee's asso- ciation. 14.6 Workers' Compensation. A. State Labor Code 4850 Pay. Law enforcement officers as defined in State Labor Code 4850 who are members of .the Contra Costa Colunty Retirement System continue to receive full salary benefits in lieu of temporary disability during any absence from work which qualifies for workers' compensation benefits. Currently, the maximum "4850 pay" is one year for any injury or illness. To be eligible for. this benefit the employee must be under the care of a physician. All 4850 pay shall be approved by the Personnel Department, Safety and Benefits Division. B. Sick Leave and Vacation. Sick leave and vacation shall accrue in accordance with the provision of State Labor Code 4850. C. 4850 Pay Beyond One Year. If an injured employee remains eligible for workers' compensation temporary disability benefits beyond one year, full salary will continue by integrating sick leave and/or vacation accruals with workers' compensation benefits (use of vacation accruals must be approved by the department and the employee) . If salary integration is no longer available because accruals are exhausted, workers' compensation benefits will be paid directly to the employee as prescribed by workers' compensation laws. D. Rehabilitation Integration. An injured employee who is eligible for workers' compensation rehabilitation temporary disability benefits and who has exhausted "4850 pay" eligibility will continue to receive full salary by integrating sick leave and/or vacation accruals with workers' compensation rehabilitation temporary disability benefits. When these accruals are exhausted, the rehabilitation temporary disa- bility benefits will be paid directly to the employee as prescribed by workers' compensation laws. E. Health Insurance. The County contribution to the employee's group insurance plan(s) continues during the "4850 pay" period and during integration of sick leave or vacation with workers' compensation bene- fits. 33 F. Integration Formula. 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 14.7 On May 26, 1981 the Board of Supervisors established a labor-management committee to administer a rehabilitation program for disabled County employees. ' It is understood that the benefits specified above in this Section 14 shall be coordinated with any disabled employee's rehabilitation program. 14.8 No employee who has been granted a leave without pay or an unpaid military leave . shall accrue any sick leave credits. during the time of such leave nor shall an employee who is absent without pay accrue sick leave credits during the absence. 14.9 The County agrees to meet and confer with the association 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, provided however that only the DSA can amend its M:O.U. in conjunction with the County, and therefore the DSA cannot be outvoted in the coalition .to agree to a County proposal . SECTION 15 - LEAVE OF ABSENCE 15.1 Leave Without Pay. Any employee who has permanent status in the classified service may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that . leaves for pregnancy shall be granted in accordance with applicable state and federal law. . Upon request to the appointing authority, any employee who has permanent status in the classified service shall be entitled to at least an eighteen (18) week (less if so requested 'by the employee) parental leave of absence, com- mencing with the birth, adoption, or serious illness of a child or dependent parent. Insofar as pregnancy disability leave. is used under Section 14.2D, that time will not be considered a part of the 18 week parental leave period. Additionally, an employee may choose to. remain in a pay status by using available sick leave (under Section 14), vacation, floating holiday or compensatory time off entitlements during the 18 week parental leave; however, use of accruals must be on a continuous basis from the beginning of the parental leave period and may not be "broken" into segments used on a monthly basis (except as may be required by SDI buyback under Section 14.8). Parental leave must be requested at least 30 days prior to the scheduled leave commencement date unless an exigency arises. 34 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 pay desires to return before the expiration of such leave, the employee shall so request of the appointing authority in writing at least fifteen (15) days in advance of the return for approval by the appointing authority. The Personnel Department shall be notified promptly of such return . Failure to submit timely written notice may result in the employee not being permitted to return to work until the required notice period has elapsed. Except with respect to leave due to pregnancy, illness or disability, the deci- sion of the appointing authority on granting or denying a leave of absence shall be subject to appeal to the Personnel Director and not subject to appeal through the grievance procedure set forth in Section 23 of this Memorandum of Understanding. 15.2 Military Leave.. Any employee in the merit system and who is required to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall be granted a military leave for the period of such service, plus ninety (90) days. An employee who volunteers for such service may be granted a leave of absence if necessary in accordance with applicable state or federal laws. Upon termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. An employee who has been granted a military leave shall not, by reason of such absence, suffer, any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For 35 purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Personnel may deem necessary. 15.3 Leave of Absence Replacement. Any permanent employee in the merit system who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence, shall be reinstated to that classification and department and then only on- the basis of seniority. � In case of severance from service by reason of the reinstatement of a permanent employee, the provisions of Section 11 (Layoff and Seniority) shall apply. 15.4 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year shall receive salary increments that may accrue to . them during the period of military leave. 15.5 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved , revoked, or cancelled by the appointing authority, or at the expiration of a leave shall be without pay. Such absence may also be grounds for disciplinary action. SECTION 16 - JURY DUTY AND WITNESS DUTY 16.1 Jury Duty. If called for jury duty in a Municipal , Superior, . or Federal Court, or for a Coroner's Jury, employees may remain in their regular pay sta- tus, or they may take vacation leave or leave without pay and retain all fees and expenses paid to them. If an employee is called for jury duty and elects to remain in a regular pay status and waive all fees (other than mileage allowances) received, the employee shall obtain from the Clerk or Jury Commissioner a certificate which shall indi- cate the days attended and the fact that fees other than mileage are waived. The employee shall furnish the court certificate to his/her department, which shall be retained as a department record. When serving jury duty in a federal court, an employee shall return all fees (other than mileage allowance) received to. the County. When an employee is called for jury duty and elects to retain all fees, the employee must take vacation leave or leave without pay. No court certificate is required in this instance. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. 36 Permanent-intermittent employees are entitled paid jury duty leave only for those days on which they were previously scheduled to work. 16.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another 'department may remain in their regular pay status and . turn over to the County all fees and expenses paid to them other than mileage allowance or they may take vacation leave. or leave without. pay and retain all fees and expenses. ; Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations) shall take vacation :leave or leave without pay. and retain all witness fees paid to them. Retention or waiver of fees shall be governed by the same provisions as apply to jury duty as set forth in Section 16 of this Memorandum of Understanding. Employees shall advise their department as soon as possible if scheduled to appear for witness .duty. Permanent intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. SECTION 17 - HEALTH AND WELFARE, LIFE AND DENTAL CARE 17.1 The. County will continue the existing County Group Health Plan program of medical, dental and life insurance coverage through Delta Dental Plan, Safeguard Dental Plan, Aetna ' Life Insurance and the medical insurance options of Kaiser-Permanente Foundation Health Plan, the Contra Costa 'County Health Plan, 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. i 17.2 Health 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 Category Total Cost County Share . Employee Share Employee Only (No Medicare) No Dental $106.82 $100.59 $ 6.23 Delta 124.63 112.90 11 .73 Safeguard 117.46 111 .23 6.23 Family (No Medicare) No Dental 246.65 216.82 1 $ 29.83 Delta 286.94 229.80 j. 56.14 Safeguard 268.67 228.14 40.53 37 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 OPTION To be terminated 2/28/90 Category Total Cost County Share Employee Share Employee Only (No Medicare) No Dental $121 .94 $105.20 $ 16.74 Delta 139.75 105.59 34.14 Safeguard 132 .58 104.98 27.60 Family (No Medicare) No Dental 289.95 225.48 $ 64.47 Delta 330.24 234.76 95.48 Safeguard 311 .97 235.75 76.22 IST CHOICE HEALTH PLAN OPTION . Category Total Cost County 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 The employee will pay a minimum of one cent ($.O1 ) for any Health Plan or Dental Care Coverage. 38 17.3 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. 17.4 Medicare Rates. Corresponding Medicare rates for employees covered under this Memorandum of Understanding shall be as follows: for Employee Only on Medicare by taking the Employee Only rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) :,with one member on Medicare by taking the Employee and Dependent(s) rate for ;the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s)i with two mem- bers on Medicare by taking the Employee and Dependent(s) 'rate for the option selected and subtacting the monthly Part B Medicare premium withheld from Social Security payments for two enrollees . 17.5 Partial Month. The County's contribution to the Health Plan premium is P for any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the . Auditor-Controller. The responsibility for this payment rests with the employee. If payment is not made, the employee shall be dropped from the health plan. An employee is thus covered by the health plan for:, the month in which compensation is paid. 17.6 Coverage During Absences. An employee 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 employeeshall pay the entire premium for the health plan during said leay.e. 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 ey the County. Late payment may result in cancellation of health plan, coverage with no reinstatement allowed. An employee who terminates County employment who has earned compensation for actual time worked or is credited for time worked through vacationi or sick leave 39 accruals, is only covered .through the month in which he is credited with compen- sation. An employee who terminates County employment may continue County Group Health plan coverage to the extent provided under the Consolidated Omnibus Budget Reduction Act (COBRA) by making premium payments to the County at a time and place specified by the County. 17.7 Retirement Coverage. Upon retirement, employees may remain An the same County group medical plan if immediately before their retirement they are either active subscribers to one of the County Health Plans or if on authorized leave . of absence without pay they have retained individual conversion membership from the County plan. 17.8 Dual Coverage. If a husband and wife both work for the County and one of them is laid off, the remaining eligible shall be allowed to enroll or transfer into the health coverage combination of his/her .choice. An eligible employee who is no longer covered for medical or dental coverage through a spouse's coverage shall be allowed to enroll or transfer into the health coverage combination of his/her choice within thirty (30) days of the date coverage is no longer afforded under the spouse's plan. 17.9 Physical Fitness Plan. When the ' County appoints its new Coordinator-Employee Wellness Program, that person shall meet with four (4) Association representatives within sixty (60) days of his/her appointment to discuss matters of mutual concern (i .e. physical fitness of employees in the Deputy Sheriff's Unit) . 17.1.0 Employee Assistance Program. Any contract between the Sheriff's Department which provides an employee assistance program, including the present contract with Occupational Health Services shall include the following language: "Records, including any information whether recorded or not, pertaining to the identity, diagnosis or treatment of any employee or the employee's family dependent(s) which are maintained in connection with the performance of this contract shall be confidential , even as to the employer, and disclosed only under the following circumstances: A. When disclosure is authorized with the written and . signed consent of the employee or the family dependent(s) . Such consent must state: 1 . the name of the person or organization to whom disclosure is to be made; 2. the specific type of information to be disclosed; 3. the purpose or need for such disclosure. B. When an employee's records are subpoenaed and are not otherwise protected by professional privileged relationships, contractor will contact the employee who's records are subpoenaed immediately by phone if possible and in any event in writing as soon as possible. Written communication shall inform the employee of his/her access to the exclusive representative for aid if he/she so desires. Contractor will cooperate with employee and/or his legal representative in asserting confidentiality. Even records subpoenaed will 40 only be turned over after a final court order. The employer bears no responsibility under this paragraph. C. Contractor agrees to operate a system of records on individuals in accor- dance with all State and Federal laws pertaining to the confidentiality of alcohol, drug, and mental health records and the Federal Privacy Act of 1974. D. The Association is a third-party beneficiary. SECTION 18 - PROBATIONARY PERIOD 18.1 Effective January 1, 1990, upon initial appointment; all employees will serve a one year 'pro.bationary period in classifications represented by the DSA, with the exception of Deputy Sheriff Criminalist I. (18 months) . 18.2 When the probationary period for a class is changed, only new appointees to positions in the classification shall .be subject to the revised probationary period. 18.3 The probationary period shall commence from the date of appointment. It shall not include. time served in provisional or temporary appointments or any period of continuous absence exceeding fifteen (15) calendar days, except as otherwise provided in the Personnel Management Regulations or by law. . For those employees appointed to permanent-intermittent positions with a six (6) months probation period, probation will be considered completed upon serving one thousand (1 ,000) hours after appointment except that in no ' instance will this period be less than six (6) calendar months from the beginning of probation. If a permanent-intermittent probationary employee is reassigned. to full-time, cre- dit toward probation completion in the full-time position shall be prorated on the basis of one hundred seventy-three (173) hours per month. 18.4 Rejection During Probation. An employee who is rejected dur:ing 'the proba- tion period and restored to the eligible list shall begin , a new probationary period if subsequently certified and appointed. A. Appeal from re 'ection. Notwithstanding any other, provisions of this section, an employee (Probationer) shall have the right to appeal from any rejection during the probationary period based on. political or religious affiliations or opinions, union activities, or race, color, national origin, sex, age, handicap or sexual orientation. B. The appeal must be written, must be. signed by the employee and set forth the grounds and facts by which it is claimed that grounds for appeal exist under subsection (A) and must be filed through the Director of Personnel to the Merit Board by 5:00 . p.m. on the 7th calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds 41 prohibited in subsection (A), it may refer the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal . If, after hearing, the Merit Board .upholds the appeal, it shall direct that the appellant be reinstated in the posi- tion and the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period. 18.5 Regular Appointment. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the Director of Personnel receive from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee As 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. If the appointing authority has not returned the. probation report, or the appointing authority fails to submit in a timely manner the proper written documents certifying that a probationary employee has served in a satisfactory manner and later acknowledges it was his or her intention to do so, the regular appointment shall begin on the day following the end of the probationary period. Notwithstanding any other provisions of the Memorandum of Understanding, an I employee rejected during the probation period from a position in the Merit System to which the employee had. been promoted or transferred from an eligible list, shall be restored to a position in the department from which the employee was promoted or transferred. An employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred from a position in the Merit System to a position not included in the Merit System shall be restored to a position in the classification in the department from which the employee was promoted. or transferred. A probationary employee who has been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the employee receives the affirmative recommendation from the appointing authority and is certified by the Personnel Director whose decision is final . The Director of Personnel shall not certify .the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 18.6 Layoff During Probation. An employee who is laid off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance of the required probation. If reemployed in another department or in another classification, the employee shall serve a full probationary period. An employee appointed to a permanent 42 position from a layoff or reemployment list is subject to a probation period if the position is in a department other than the department form which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not . subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff.. 18.7 Rejection During Probation of Laid Off Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list shall begin a new probation period if sub- sequently certified and appointed in a different department or classification than that from which the employee was laid off. If the employee is rejected during the probation period, the employee shall be automatically restored to the layoff list, unless discharged for cause, if the rejection occurs within the • employee's period of layoff eligibility. 18.8 Probationary Deputy Sheriffs into Investigation Division. Probationary Deputy Sheriffs may be temporarily assigned to the Investigation Division. The assignment will not interfere with the officer successfully completing both the Facility Training Program in the Detention Division and the Field Training Program in the Patrol Division within the probationary period. The assignment will be limited to a specific project or detail . The period of. assignment in the Investigation Division will not be credited as a Detention assignment. 18.9 Deputy Sheriff/Deputy Sheriff Recruit Residency Requirement. All Deputy Sheriff/Deputy Sheriff Recruits hired after October 15, 1987 are required .to, maintain their primary residence within a 35-mile .radius of the intersection of Highway 24 and Highway 680 as identified in a map maintained by the Sheriff's Department. A Deputy Sheriff/Deputy. Sheriff Recruit not residing within the prescribed radius at the time of hire will have from date of hire to one (1 ) month prior to completion of his/her probationary period to comply with this requirement. Thereafter, the residency requirement must be maintained for no less than five (5) years following the employee's date of hire. Failure to maintain this residency requirement for Deputy Sheriff/Deputy Sheriff Recruits hired after October 15, 1987 shall result in termination of employment. SECTION. 19 - NON-SWORN EMPLOYEES: OTHER TERMS b CONDITIONS OF EMPLOYMENT A. Shift Differential. Employees in the following classifications are eligible for shift differential as provided below: Fingerprint Examiner I and II , Fingerprint Technician I and II , Lead Fingerprint Examiner, Lead Fingerprint • Technician, Sheriff's Aide, Sheriff's Specialist, Sheriff's Dispatcher I and II , and Supervising Sheriff's Dispatcher. In the hours which qualify for shift differential, employees shall receive five percent (5%) above their base salary rate. To qualify for shift differential , an employee must have a regularly assigned daily work schedule which requires: 43 1 . Completion of more than one and one-half (1-1/2) hours over; the normal actual working time; or 2. 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. B. Bilin ual Pay. Effective January 1, 1990 salary differential of fifty dollars 50.00 per month shall be paid incumbents of positions in the classification of Sheriff's Dispatcher I and II and Supervising Sheriff's Dispatcher requiring bilingual . proficiency as designated by the appointing authority and Director of Personnel. Said differential shall be prorated for employees . working less than full time and/or who are on an unpaid leave of absence for a portion of any given month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. The Union shall be notified when such designations are made. C. Uniform Allowance. Effective January 1 , 1990 employees in the job classifi- cation of Sheriff's Aide, Sheriff's Specialist, Sheriff's Dispatcher I and II , and Supervising Sheriff's Dispatcher shall receive a uniform allowance of forty dollars ($40.00) per month as provided for in Section 46 of this Memorandum of Understanding. D. Sheriff's Dispatchers. All employees in Dispatcher classifications will lose no benefits with regard to wages, hours, and other terms and conditions of employment,. as a result, directly or indirectly, of coming into the DSA bargaining unit. SECTION 20 - PROMOTION 20.1 Promotion shall be by. competitive examination, unless otherwise provided in this Memorandum of Understanding. 20.2 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 . 20.3 Certification Rule. Beginning with promotions made after ratification of this MOU commencing 1989) the rule of ten (10) will be utilized for Sergeants Promotional List. 20.4 Open Exam. If an examination for one of the classes represented by the Association is proposed to be announced on an Open only basis the Director of 44 Personnel shall give five (5) days prior notice of such proposed announcement and shall meet at the request of the Association to discuss the reasons for such open announcement. ..20.5 Promotion via Reclassification without Examination. Notwithstanding other provisions of this Section, an employee may be promoted from one 'classification to A higher classification and his position reclassified at the request of the appointing authority and under the following conditions: A. An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. B. The incumbent . of the position must have performed at the higher level for one (1 ) year. C. The incumbent must meet the minimum education and experience requirements for the higher class. D. The action must have approval of the Personnel Director. E. The Association approves such action. The appropriate rules regarding probationary status and salary ons.promotion are applicable. 20.6 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 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. 20.7 Seniority Credits. Employees who have qualified to take promotional exa- minations and who have earned a total score, not including seniority credits, of seventy percent (70%) or more, shall receive, in addition to all other credits, five one-hundredths of one percent ( .05%) for each completed month',of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is deter- mined. No employee, however, shall receive more than a total of. five percent (5%) credit for seniority in any promotional examination. 20.8 County employees who are required as part of the promotional examination process to take a physical examination shall do so on County time at County expense. 45 SECTION 21 - TRANSFER 21 .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 qual.ifying 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. 21 .2 Any employee or appointing authority who desires to initiate. a transfer may inform the Director of Personnel in writing of such desire stating the reasons therefore. The Director of Personnel shall , if he considers that the . reasons are adequate and that the transfer will be for the good of, the County service and the parties involved, inform the appointing authority or :authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. SECTION 22 - RESIGNATIONS An employee's voluntary termination of service is a resignation. Written resignations shall be forwarded to the Personnel Department by the appointing authority immediately on receipt, and shall indicate the effective date of ter- mination. Oral resignation shall be immediately confirmed by the appointing authority in writing to the employee and to the Personnel Department and shall indicate the effective date of termination. 22.1 Resignation in Good Standing. A resignation giving the, appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 22.2 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; 46 1 B. Five (5) more consecutive work days have elapsed without response by the . employee after the mailing of a notice ..of resignation by the appointing authority to the employee at the employee's last known address. 22 .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. 22.4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority. 22.5 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 wa's 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 23 of the Memorandum of Understanding beginning with Step C. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee returned to duty effective on the day following the deci- sion but without loss of seniority or pay, subject to ;the employee's duty to mitigate damages . SECTION 23 - DISMISSAL, SUSPENSION AND DEMOTION 23.1 The appointing authority may dismiss, suspend, demote, or.. reduce within class, any employee for cause. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal , suspension, reduction or demotion may be based on reasons other than those specifically mentioned: 1 . absence without leave, 2. conviction of any criminal act involving moral turpitude, .3. conduct tending to bring the merit system and/or Office of the Sheriff-Coroner into disrepute, 47 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 pre- mises liquor or drugs or consuming or using liquor or drugs -during work hours. and/or on County premises, S. neglect of duty, (i'.e. non-performance of assigned responsibilities) 9. negligent or willful damage to public property or waste of public supplies or equipment, 10. violation of any lawful or reasonable regulation or order given by a super- .visor or department head, 11 . willful violation of any of the provisions of the merit system ordinance or Personnel Management Regulations, 12. material and intentional misrepresentation or concealment of ,any fact in connection with obtaining employment, 13. misappropriation .of County funds or property, . 14. unreasonable failure or refusal to undergo any physical, medical , and/or psychiatric exam and/or treatment authorized by this Memorandum of Understanding, 15. dishonesty, or theft, 16. excessive or unexcused absenteeism and/or tardiness, 17. sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has. the purpose or effect of affecting employment decisions concerning an individual , or unreasonably. interfering with an individual 's work performance, or creating an intimidating and hostile working environment. 23.2 Skelly Requirements - Notice of Pro osed Action (Skelly Notice). Before taking a disciplinary action to dismiss, suspend, or more than five (5) work days (four (4) work days for employees on .."4-10" work week), demote or reduce within class an employee, the appointing authority shall cause to be' served per- sonally or by certified mail , on the employee, a Notice of Proposed Action, which shall contain the following: 1 . A statement of the action proposed to be taken. 2. A copy of the charges; including the acts or ommissions. and grounds upon which the action is based. .48 i 3. 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. 4. A statement that the employee may review and request copies of materials upon which the proposed action is based. 5. 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. 23.3 Leave Pending Employee Response. Pending response to a Notice of Proposed Action within the first seven 7 days or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence, with pay. 23.4 Suspensions without pay shall not exceed thirty (30) days unless ordered by an arbitrator, an adjustment board or the Merit Board. 23.5 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 specifically the causes for the action. B. Service of Order. Said order of dismissal , suspension., or demotion shall be filed with the Director of Personnel , showing by whom and the date a copy was served upon the employee to be dismissed; suspended or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effec-tive either upon 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 24 - 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 24 of this Memorandum of Understanding. 49 SECTION 24 - GRIEVANCE PROCEDURE 24.1 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 Association may represent the employee at any stage of the process. Grievances must be filed within thirty (30) days of the incident or occurence about which the employee claims to have a grievance. and shall be processed in the following manner: A. Step 1 . Any employee or group of employees who believes that a provision of this Memorandum of Understanding has been 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 ten (10) work days to such management official as the department head may designate. This formal written grievance shall state which. provision of the Memorandum of Understanding has been misinterpreted or misapplied, how misapplication or misinterpretation has affected him or her to his or her detriment, and the redress he or she seeks. A copy of each written communication on a grievance shall be filed with the Director of Personnel . The department head or his or .her designee shall have ten (10) work days. in which to respond to the grievance in writing. C. Step 3. If a grievance is not satisfactorily resolved in Step 2 above, the employee may appeal in writing within seven (7) work days to the Personnel Director. The Personnel Director or designee shall have twenty (20) work days in which to investigate the merit of the complaint and to meet with the department head and the employee and attempt to settle the grievance and respond in writing. D. Step 4. No grievance may be processed under this Step 4 which has not first been filed and investigated in accordance with paragraph (c) above and filed within 7 work days of the written response of the Personnel Director or his/her designee. If the parties are unable to reach a mutually satisfac- tory accord on any grievance which arises and is presented during the term of this Memorandum of Understanding, such grievance shall be submitted in writing within seven (7) work days to an Adjustment Board comprised of three (3) Association representatives, no more than two (2) of whom shall be either an employee of the County or an elected or appointed official of the Association presenting this grievance, and three (3) representatives of the County, no more than two (2) of whom shall be either an employee of the County or a member of the staff of an organization employed to represent the County in the meeting and conferring process. The Adjustment Board shall meet and render a decision within twenty (20) work days of receipt of . the written request. 50 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 24.5) may. require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agree-ment between the employee and the Personnel Director. Such request shall be submitted within twenty (20) work days of the rendering of the Adjustment Board decision. - Within 20 days of the request for arbitration the parties shall mutually select an arbitrator. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the employee and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post hearing briefs, if any. If the parties cannot initially agree on a neutral arbitrator, either may request a list of five (5) arbitrators from the State Mediation Service. If they cannot agree on an arbitrator from that list, they shall strike alter- natively from the list, with the first. to strike to be .determined by lot, and the last remaining name shall be the arbitrator. 24.2 An official , with whom a formal grievance is filed by. a grievant who is included in a unit represented by the Association, but is not represented by the Association in the grievance, shall give the Association a copy of the formal presentation. .24.3 Immediate Arbitration A. The Deputy Sheriffs' Association may waive the grievance procedure time limits specified in this Section and proceed to "Immediate Arbitration" in any case where the DSA alleges that the County is in violation of this Agreement in so short a period of time as to disallow the DSA from proceeding within the time limits of this Section.. That is , the situation is one where damages or back pay is not an appropriate remedy, one of "irreparable injury". For example, grievances involving disciplinary actions where there .is a loss of pay, compensation claims , and the like will not be processed under the provisions of this section. However, the method of proceeding to "Immmediate Arbitration" must be done consistent with the following provisions. B. The affected employee(s), or the DSA, must first attempt to resolve the matter by meeting with the appropriate supervisor/manager, at the Division level . C. If the matter is not resolved, the DSA only may file a demand for "Immediate Arbitration." D. The arbitration shall take place no :earlier than the fifteenth (15) day following the request by the Deputy Sheriff's Association .for such "Immediate Arbitration," unless otherwise mutually agreed. During the two week period (fourteen calendar days) immediately following the request for "Immediate Arbitration", the responding party shall have the opportunity to attempt to resolve the dispute. 51 E. Where the ' County is the responding. party, the Sheriff and Director of Personnel, or their designated representatives jointly, shall have the opportunity to meet with or otherwise. communicate .with appropriate DSA representatives, in . an attempt to . resolve the dispute.; . At. this meeting the parties shall provide to each other as much information pertinent to this case as is reasonably possible-. F. Once the request for "Immediate Arbitration" is filed, the parties shall (even though dispute resolution discussions are going on during the two week period) attempt to agree upon a neutral arbitrator and to obtain a date for arbitration hearing as soon as possible imme- diately following the two week period. G. The parties will attempt to have a standing list of available . "Immediate Arbitrators." If the parties are unable to agree on an arbitrator, the parties shall obtain a list of five (5) names from the State Mediation and Conciliation Service. Each party may. strike one name from the list and of those arbitrators remaining on the list, the arbitrator who can first hear the matter shall be selected. The par- ties may, by mutual agreement, use another method of selecting the arbitrator. H. The arbitrator shall have only the authority to decide issues involving . the interpretation or application of this . M.O.U. as described in Subsection A herein. Furthermore, the arbitrator shall not have the authority to add to, subtract from, change, or modify any provision of this. M.O.U. This provision does not expand what is arbitrable under this M.O.U. I. Unless the parties agree otherwise, closing argument shall be pre- sented orally at the end of the hearing, and if possible, the arbitra- tor shall issue his ruling immediately thereafter. J. Nothing herein shall preclude the parties from attempting to resolve the dispute while the grievance is pending. K. The parties shall attempt to have the arbitration proceedings completed as quickly as possible. L. Only four such Immediate Arbitrations (as' opposed to demands for imme- diate arbitration) may be held in any fiscal year (July 1 - June 30). However, the parties may mutually agree on Immediate Arbitration, which shall not count as one of the four. M. Until such time as four (4) arbitrations in a fiscal year have been held pursuant to this section, the Deputy Sheriffs' Association agrees not to seek injunctive, relief to preserve the jurisdiction of the arbitrator. 24.4 Compensation Complaints. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Personnel Director. Only complaints which allege that employees are not being', compensated 52 in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the . Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more ' than six (6) months from the date upon which the complaint was filed. No change in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Adjustment .Board proceedings hereunder) will be . recognized unless agreed to by the County and the Association. 24.5 No Strike. During the term of this Memorandum of Understanding, the Association, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, sickout, or refuse 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.. 24.6 Merit Board. A. All grievances of employees in representation units represented by the Association shall be processed under Section 23 unless the employee elects to apply to the Merit Board on matters within its jurisdiction. B. No action under Paragraph C and D of Subsection 23.1 above shall be taken if action on the complaint or grievance has been taken by the Merit Board, or if the complaint or grievance is pending before the Merit Board. 24.7 The Association may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this Memorandum of Understanding. 24.8 Letters of reprimand are subject to the grievance procedure .but shall not be processed past Step 3 unless said letters are used in a subsequent discharge, suspension or demotion of the employee. Letters of Reprimand shall be removed from an employee's file which are three 3 years old from the date issued unless subsequent disciplinary action has been taken and sustained against the employee for the same type of offense within said three - (3) year period in which case the Letter of Reprimand is not subject to removal . However, where the subsequent disciplinary action consists of Letter(s) of Reprimand for the same type of offense, those letters (including the original letter) will be removed from the employee's file after three (3) 53 years pass from the date the most recent letter is issued unless a different type of discipline (e.g., 'suspension, et al ) for the same type of offense is taken and sustained during said . three (3) year period. Those Letters of Reprimand which have been. placed in an employee's file as a result of an Arbitrator's decision reducing a disciplinary action to a Letter of Reprimand will be reviewed. by the Sheriff who in his sole discretion will . determine whether the three (3) year removal period will apply. 24.9 Corrective Counselling System. The Corrective Counselling System is a method of training and counselling employees in an effort to improve behavior and performance without the negative effects of lasting disciplinary measures. It will hereafter consist of three phases, or levels, with procedures and poli- cies for administration developed within the Department. Placement into the -Corrective Counselling System is not subject to the grievance procedure. There shall be no mention of the "phase" program in any employee's evaluation, althrough the circumstances allegedly supporting the starting, the: ending, or the continuing of a phase, may be mentioned. This does not affect any other rights or responsibilities of the parties with regards to the performance eva- luations per se. An employee placed into a Phase of the Corrective Counseling System may appeal the placement through .a formal department hearing process. Following are the guidelines and procedures to be utilized in the process: 1 . Hearing Officer. The phase placement appeal will be heard by the Assistant Sheriff not in the employee's direct chain of command, hereafter' referred to as the Hearing Officer. The Hearing Officer has the authority to set aside the phase place-ment completely or decrease the:phase to any lower level . 2. Notification of Intent to Appeal . Upon receipt of the Phase memo, the affected employee has seven calendar days to deliver written documentation of an intent to appeal the -phase placement. The "intent to appeal" memo is to be addressed to the Hearing Officer, with a copy to the employee's Division Commander. The. appeal process defers the starting date of the phase period. 3. Hearing Date. Upon receipt of the "intent to appeal" memo, : the Hearing Officer will schedule a hearing date and notify the affected employee at least seven calendar days prior to the hearing date. The hearing date shall be within twenty-one calendar days of the Hearing Officer's receipt of the "intent to appeal" unless. one of the primary. parties involved is un available, in which case the hearing will be scheduled as soon as practical upon the return to work of the parties. 4. The. Hearing. For Phase I and II actions, the employee may submit a written request for hearing to the Assistant Sheriff not in the employee's chain. of command. The Assistant Sheriff will review the request and determine if there is a basis for a formal hearing. An alternate informal process exists which would allow the employee and his/her representative to meet and discuss the 54 phase placement in accordance with the established open door policy of the Department. For Phase III appeals, the Assistant Sheriff will determine -the parties to. be present at the hearing, except that the affected employee will be pre- sent, and a maximum of two representatives. of the employee's choice. In general , witnesses will not be called or allowed; however, the affected employee may submit written statements from the employee (or others) which will support the appeal . The entire appeal hearing will be tape recorded. The tape will be kept (and be available) in the Administration Division, and will be erased when the phase is no longer in effect. Upon his request and at his expense, the employee may tape the hearing. The Assistant Sheriff will weigh all testimony and attempt to determine the facts surrounding the phase placement. 5. Results. The Hearing Officer will report his decision in a brief memo to the employee within five business days of the hearing. If the decision upholds the original recommendation or decreases the phase level , the phase period begins on the date of the Hearing -Officer's deci- sion. If the Hearing Officer determines that a phase was not appropriate, all reference to the phase incident. and. hearing will be immediately purged from the personnel file, and the Hearing Officer's written decision will be sent to the affected employee. SECTION 25 - DEPARTMENT INVESTIGATIONS It has always been and shall continue to be, the Sheriff's position that all internal investigations shall be conducted in a professional and timely manner. The scope and intent of all legal and policy mandates shall be adhered to during all phases of the investigation. This includes that the confidentiality of all information gained during the inquiry shall be consistent with present legal restraints relative to discovery and disclosure. SECTION 26 - LABOR MANAGEMENT COMMITTEE A. There shall be established a Labor/Management Committee to maximize' com- munications between the parties in the area of labor relations. B. There shall be four (4) representatives of Management and four (4) represen- tatives of the Association, with the DSA representatives time treated as if the meeting were held under Government Code Section 3505. C. The meetings shall begin in the first full month after the adoption by the Board of Supervisors of this Memorandum of Understanding and continue every other month thereafter.. 55 SECTION 27 - PHYSICAL FITNESS HEALTH CARE A. Proposals identified as Department #2 .and V, and as DSA 16, 17, 18 (to the degree there is no conflict with other portions of this MOU) , 47 AND 80, will be submitted for consideration to a joint Labor-Management Committee (consisting of two members from each side) , which shall make recommendations to the Sheriff. Implementation of benefits in areas contained in those pro- posals shall be implemented so as to help bargaining unit members at a mini- mum cost level of $8,000 per year commencing upon ratification. The $8,000 minimum shall not be expended in- any physical abilities testing program as opposed to physical fitness program, should same be agreed to by the par- ties. B. One DSA:designated representative and one County-designated representative shall have access to the- department's exercise equipment/facility, either together or alone, for purposes of assuring compliance with the MOU. SECTION 28 - TRAINING OFFICER PROGRAM Effective the first full pay period (i .e. the 10th of the month) following Board of Supervisor's ratification of this agreement an employee designated as a training officer shall be paid One Hundred Dollars ($100.00) per month, in addi- tion to the salary each employee is receiving in the classification of Deputy Sheriff for each month, provided that in order to receive said One Hundred Dollars ($100.00), an employee must be designated as a training officer prior to the first of the month, and must work at least some portion of that calendar month (e.g. one hour or more) . It is further understood that the designation as a training officer shall be at the sole discretion of the Sheriff. Training Officer assignments are for a one year period; each year current training officers must be re-evaluated for one of the available Training Officer positions . The Sheriff may utilize Training Officers for specialized details or assignments when the officer is not scheduled with a trainee. The provisions of Section 10 apply as to any reassignments of Training Officers. SECTION 29 - RETIREMENT CONTRIBUTION Pursuant to Government Code Section 31581 .1 , the County will continue to pay fifty percent (50%) of the retirement contributions normally required of employees. Such payments shall continue for the duration of this Memorandum of Understanding, and shall terminate thereafter. Employees shall be responsible for payment of. the employee's contribution for the retirement cost of living program as determined by the Board. of Retirement of the Contra Costa County Employees' Retirement Association without the County paying any part of the employee's share. The County will pay the remaining one-half (1/2) of the retirement cost-of-living program contribution. SECTION 30 - 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. 56 SECTION 31 - 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 mileage rate increase or decrease based on the Energy report shall be con- tingent upon the continued availability of the official monthly Energy Report in its present form and calculated on the same basis unless otherwise agreed upon by the parties. SECTION 32 - PAY WARRANT ERRORS If an employee receives a pay warrant which has an' error in the amount of com- pensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's department that the error will be corrected and a new warrant issued within 48 hours, exclusive of Saturdays, Sundays and holidays from the time the department is made aware of and verifies that the pay warrant is in error. Pay errors discovered by the County on or after August 1 , 1984 found in employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the six (6) month period immediately preceding dis- covery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Director of Personnel or designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. 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, an Association representative may be present at a meeting with management to discuss a repayment schedule in the case of over- payments to the employee. 57 SECTION 33 PROVISIONAL APPOINTMENT Whenever an appointing authority makes a request for personnel to fill a position in a class for which no reemployment or employment list is available, or in a. class for which no eligible of insufficient eligibles to complete the certifica- tion will accept appointment to the position, the Director of Personnel may authorize . the appointing authority to appoint any person who possesses the minimum qualifications for the class as set forth in the class specifications, provided that the names of eligibles available and the names of persons who have indicated their intention to take the next examination for the class shall be referred to the appointing authority at. the time authorization is issued. In no case shall a permanent position be filled by a provisional appointment for a period exceeding six (6). calendar months except under the following conditions: .1 . If an examination has been announced for the class and recruitment of appli- cants is in process, the Director of Personnel may authorize a continuatin of provisional appointments until an eligible list .is established. 2. In case of a provisional appointment to a permanent position vacated by a leave of absence, such provisional appointment may be continued for the duration of said leave. A provisional appointment shall be terminated within thirty (30) days after the date of certification of eligibles from an appropriate eligible list. All decisions of the Director of Personnel relative to provisional appointments are final and not subject to the grievance procedure. Before filling a position by a provisional appointment, the appointing authority shall post notice and shall consider current qualified. employees for the appointment. Only if there are insufficient internal applicants to constitute a full certification may the appointing authority consider applicants from outside County service. SECTION 34 PERSONNEL FILES An employee shall have the right to inspect and review any official record(s) relating to his or her performance as an employee or to a grievance concerning the employee which is kept or maintained by the County in the employee's person- nel file in the Personnel Department or in the employee's personnal file in their department. The contents of such records shall be made available to the employee for inspection and review at reasonable intervals during the regular business hours of the County. The County shall provide an opportunity for the employee to respond in writing to any information which is in the employee's personnel file about which he or she disagrees. Such response shall become a permanent part of the employee's personnal record. The employee shall be responsible for providing the written responses to be included as part of the employee's official personnel file. This section does not apply to the records of an employee relating to the 58 investigation of a possible criminal offense, medical records and information or letters of reference. All documents pertaining to disciplinary actions shall be placed in an official personnel file maintained by the Personnel Department or in an official personnel file maintained by their department. Copies of, written reprimands or memoranda pertaining to an employee's unsatisfactory performance which are to be placed in the employee's personnel file shall be given to an employee who shall have the right to respond in writing to said documents. Letters of reprimand are subject to the grievance procedure but shall not be processed past Step . 3 unless said letters are used in a subsequent discharge, suspension or demotion of the employee. Copies of letters of commendation which are to be :placed in the employee's personnel file will be given to the employee. Employees have the right to review their official personnel files which are maintained in the Personnel Department or by their department. In a case involving a grievance or disciplinary action, the employee's designated representative may also review his or her personnel file with specific written authorization from the employee. The Association will be given a list of. all types of "personnel" files main- tained by the Sheriff. SECTION 35 - SERVICE AWARDS The County shall continue its . present policy with respect to service awards including time off; provided, however, that the type of award given shall be at the sole discretion of the County. SECTION 36. - REIMBURSEMENT FOR MEAL EXPENSES/CHARGE FOR DETENTION DIVISION MEALS A. Reimbursement for Meal Expenses Employees shall be reimburses for meal expenses under the following cir- cumstances and in the amount specified : 1 . When the employee is required to be out of his/her regular or normal work area during a meal hour because of a particular work assignment and with prior approval of the department head or his designee. 2. When the employee is required to stay over to attend consecutive or con- tinuing afternoon and night sessions of a board or commission. 3. When the employee is required to incur expenses as host for official guests of the County, work as members of examining boards, official visitors, and speakers or honored guests at banquets or other official functions. 4. When the employee is required to work three or more hours of overtime; in this case he or she may be reimbursed in accordance with the Administrative Bulletin on Expense Reimbursement. Meal costs will be reimbursed only when eaten away from home or away from the facility in the case of employees at 24-hour institutions. 59 Procedures and definitions relative to reimbursement for meal expenses shall be in accordance with the Administrative Bulletin on Expense Reimbursement. B. Charge for Detention Division Meals Effective April 1 , 1990 personnel represented . by the DSA and permanently assigned to the Detention Division will have . fifteen dollars ($15.00) per month deducted from their pay checks in exchange for meals provided by the Department. The employee may choose not to eat facility food. In that case no fees will be deducted. Employees will indicate their option upon transfer into the Detention Division and, during the month of January each year, employees may make a new determination. Current Detention employees will have the month following ratification of the contract to exercise their option. SECTION 37 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY 37.1 The loss or damage to personal property of employees is subject to reim- bursement under the following conditions: 1 . 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. 2. Ordinary wear and tear of personal property used on the job is not compen- sated. 3. Employee tools or equipment provided without the express approval of the department head and automobiles are excluded from reimbursement. 4. The loss or damage must have occurred in the line of duty. 5. The loss or damage was not a result of negligence or lack of proper care by the employee. 6. The personal property was necessarily worn or carried by the employee in order to adequately fulfill the duties and requirements of the job. 7. The loss or damage to an employee's dentures or other prosthetic devices did not occur simultaneously with a job connected injury covered by workers' compensation. S. The amount of reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of loss or damage but not more than the original cost. 9. The burden of proof of loss rests with the employee. 10. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or Damage to Personal Property. 60 37.2 The employer will continue its present policies and practices with regard to loss or damage to personal property. This M.O.U. provision does not consti- tute a waiver by the DSA or an affected employee to litigate in court the lega-. lity of portions of the policies dealing with limiting reimbursement because of alleged employee negligence or wrongdoing. SECTION 38 - UNFAIR LABOR PRACTICE Either the County or the Association may file an unfair labor practice as defined in Chapter 3.4-22 of the Board of Supervisors Resolution 81/1165 against the other (see Exhibit "D") . Allegations of an unfair labor practice, if not resolved in discussions between the parties, shall be heard by a mutually agreed upon impartial third party. SECTION 39 - LENGTH OF SERVICE DEFINITION (for service awards and vacation accruals The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, provisional , and permanent status, and absences on approved leave of absence). When an employee separates from a permanent position in good standing and within two years is reemployed in a permanent County position, or is reemployed in a permanent County position from a layoff list within the period of- layoff eligi- bility, service credits shall include all credits accumulated at time of separa- tion, but shall not include the period of separation. The Personnel Director shall determine these matters based on the. employee status ..records in the Personnel Department. SECTION 40 - PERMANENT PART-TIME EMPLOYEE BENEFITS Permanent part-time employees receive prorated vacation and sick leave benefits. They are eligible for health, dental and life insurance benefits at corresponding premium rates providing they work at least 50% of full time. If the employee works at least 50% of full time, County retirement participation is also included. SECTION 41 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits. SECTION 42 - PERMANENT-INTERMITTENT EMPLOYEES HEALTH PLAN • Effective October 1 , 1982 a permanent-intermittent employee represented by the Deputy Sheriffs' Association may participate in the County' Group, Health Plan wholly at the employee's expense. The County will. not contribute to the employee's monthly premium. The employee will be responsible for paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the : County Group Health Plan and reinstatement may only be effectuated during the annual open enrollment period. 61 SECTION 43 - 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 bene fits . Effective October 1 , 1982, said provisional employees may participate in the County Group Health Plan wholly at the employee's expense. The County will not contribute to the employee's monthly premium. The employee will be responsible for. paying the monthly premium appropriately and punctually. Failure to meet the premium deadline will mean automatic and immediate withdrawal from the County Group Health Plan and reinstatement may only be effectuated during the annual open enrollment period. SECTION 44 - LUNCH PERIOD Employees assigned to either the Investigation Division or the Criminalistics Laboratory may select either a 1/2 hour or l hour lunch period, it being under- stood that such selection should be for periods of no less than three (3) months; it being further understood that the Department retains the right to assign starting times. SECTION 45 - CANINE ALLOWANCE Officers assigned to the Canine Unit who are responsible for the feeding and care of canines shall receive $1.00 per month. SECTION 46 - UNIFORM ALLOWANCE. & S.W.A.T. UNIFORM ALLOWANCE 46.1 Uniform Allowance. Effective January 1, 1988, the uniform allowance shall be increased by three dollars ($3.00) monthly to a total monthly allowance of forty dollars ($40.00) which shall be paid through June 30, 1988. Effective July 1 , 1988 the monthly uniform allowance shall be terminated and in lieu thereof employees eligible for uniform allowance shall receive a yearly lump sum payment on December 10, 1988 and each December 10 thereafter of four hundred eighty dollars ($480.00). Said yearly payment, which is for the period July 1 through June. 30, shall be prorated for. employees hired after July 1 . Employees who terminate employment after January 1 and prior to July 1 shall be required to pay back excess uniform allowance by an automatic deduction from his/her final pay check. Effective January 1 , 1990 the above paragraph shall be applicable to employees _ in the following classifications: Sheriff's Dispatcher I and II , Supervising Sheriff's Dispatcher, Sheriff's Aide, and Sheriff's Specialist. 46.2 S.W.A.T. Uniform Allowance. All employees accepted into S.W.A.T. on or after January 1, 1988 shall receive two hundred dollars ($200) for initial purchase of uniforms and one hundred dollars ($100) each year thereafter for maintenance and replacement of said uniforms . Employees presently assigned to S.W.A.T. shall receive a lump sum of two hundred dollars ($200) effective January 1 , 1988 and one hundred dollars ($100) each year thereafter for main- tenance and replacement of said uniforms. 62 i SECTION 47 - PEACE OFFICER TRAINING 47.1 Incentive Program - Purposes. In accordance with the policies expressed in Penal Code Sections 13500 and following and Chapter 2 of Title 11 of the California Administrative Code (Sections 1000 and following) ; and .to attract law enforcement officers with high education standards, to broaden the professional experience of present officers and to maintain a high quality police service to cope with increased demands placed upon this function, there is established the following career incentive program,. which provides a career incentive allowance based on two and one-half percent of base pay for possessing the :first P.O.S.T. certificate (intermediate) not required by the minimal qualifications of the class and an additional allowance based on two and one-half' percent of base pay per month for possessing a second P.O.S.T. certificate (advanced) not required by the minimal qualifications of the cl.ass. 47.2 Incentive Program - Definitions. Unless otherwise specified or required by the context the following terms have the following meanings: A. "Officer" means any peace officer member of the sheriff''s department, district attorney's office, marshals' offices or constable's office, who has successfully completed at least one probationary period and who occupies a permanent full-time position, in pay status, as a peace officer in th is County. B. "Intermediate peace officers standards and training certificate" and "advanced peace officer standards and training certificate" have the meanings defined in the regulations of the Commission on Peace Officer Standards and Training of the California State Department of Justice. (P.O.S.T. ) 47.3 Incentive Program - Intermediate Certificate. Every officer below the class of: Lieutenant in the Sheriff's Separtment, District Attorney Senior Inspector in the District Attorney's Office or Marshal I in a Marshal 's Office shall receive a career incentive allowance of two and one-half percent of base pay per month for the possession of a valid intermediate. P.O.S.T. certificate. 47.4 Incentive . Program - Advanced Certificate. Every officer up to and including the class of: Lieutenant in the Sheriff's Department, .District Attorney Senior Inspector in the District. Attorney's Office or Deputy Marshal II in a Marshal 's Office shall receivea career incentive allowance of two and one- half percent of base pay per month for the possession of a valid advanced P.O.S.T. certificate. This is in addition to the 21/2% allowance for the inter- mediate certificate. 47.5 Incentive Program - Pay Status. These allowances shall be in addition to regular compensation and shall not be considered part of the base pay for payroll computation purposes. 47.6 Deletion of Continuing Education Requirement. There shall be no con- tinuing education requirement to be entitled to be above allowances. This pro- vision shall be effective as to payment on July 1 , 1986, but shall be effective with regards to the C.E.R. as of the effective date of this M.O.U. As to 63 payment, the provisions of the 1983-85 M.O.U. Section 43 shall apply through June 30, 1986. SECTION 48 - SPECIAL STUDIES OR ACTIONS A. When the 1st 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. If a reopener does occur, it will not be sooner than six ca.lendar months following adoption of Memoranda of Understanding by the Board of Supervisors. . B. . During the term of this MOU, 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 Deputy Sheriffs' Association prior to any implementation. C. 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.. The parties agree that the County will invoke Internal Revenue Code Section 414(H)(2) , such as to create an "employer pick-up" by which employees present taxes will be reduced. SECTION 49 - CRITI.CAL INCIDENT In the event the act or omission of a sworn officer causes the death or serious injury of another person, the officer's Division Commander shall place the employee on Administrative Leave (with pay) for the 48 hours immediately following the incident. SECTION 50 - 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 51 - SCOPE OF AGREEMENT AND SEPARABILITY. OF PROVISION 51 .1 Scope of Agreement. Except as otherwise specifically provided herein, this Memorandum of Understanding fully and completely incorporates the under- standing of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall , during the term of this Memorandum of 'Understanding, demand any change herein, provided that nothing herein shall prohibit the parties from changing the. terms of this Memorandum of Understanding by mutual agreement. 64 51 .2 Separability of Provisions. Should any section, clause or provision of this Memorandum of Understanding be declared illegal , unlawful or unenforce- able, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding. 51 .3 Personnel Management Regulations. Where a specific provision contained in a section of this Memorandum of Understanding conflicts with a specific provi- sion contained in a section of the Personnel Management Regulations, the provi- sion 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. 51 .4 Duration of Agreement. This Agreement shall continue in full force and effect from July 1 , 1989 to and including September 30, 1991 . SECTION 52 - PAST PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING Continuance of working conditions and past practices not specifically authorized by ordinance or by resolution of the Board of Supervisors is not guaranteed by this Memorandum of Understanding; provided, however, that only during the term of this Memorandum of Understanding which expires SEPTEMBER 30, 1991 , the Association may claim a violation of a past practice. If the Association can demonstrate that such past practice exists by virtue of having been acknowledged and agreed to by Management and representatives of. the Association or by employees represented by the Association who reach agreement with the 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 proce-dure. Those practices which have been agreed to by Management and not approved by the Department Head must be confirmed and approved by the Department Head within six (6) months from the below execution date of this Memorandum of Understanding in order to be considered a past practice pursuant to this provision. The execution of this M.O.U. does not preclude the Deputy Sheriffs' Association from continuing to negotiate with the County regarding the establishment of a Labor-Management Trust Committee and the authorities and responsibilities of said committee. 65 Date: DEPUTY SHERIFFS' ASSOCIATION CONTRA C STA COUNTY By By By By By / �J By By 66 EXHIBIT A SHERIFF'S DEPARTMENT Specialized Assignments May 1985 BUREAU/LOCATION POSITION & RANK MINIMUM QUALIFICATIONS DETENTION DIVISION B. .S. Admin. Sergeant None Admin. Deputy None -Classification Deputy 1 yr. Detention; Patrol F.T.O. Work Alternative Sgt None Work Alternative Deputy None Transportation/ Court Security Supervisor (Sgt) None Transportation Deputy Completion of Patrol F.T.O. Bailiff (Court Security) Completion of Patrol F.T.O. Work Furlough Field Deputy Completion of Patrol F.T.O. CRIMINALISTICS DIVISION Lab Crime Scene Investigator (Deputy) 1 yr. Patrol experience { PATROL DIVISION Contract City Sergeant None Deputy Completion of Patrol F.T.O. Special District Deputy 1 yr. Patrol exp. Marine Patrol Sergeant None Deputy Completion of Patrol F.T.O. Patrol Admin. Training Coordinator (Deputy) 1 yr. Patrol exp. Misd. Complaint (Sgt) None ADMINISTRATION DIVISION Prof. Standards Int. Affairs (Sgt) None Vol . Svs. Coord. (Sgt) None Resources & Planning (Sgt) None Resources & Planning (Deputy) 1 yr. Patrol exp. Admin. Svcs. Recruitment/Background (Sergeant) None 1 Field Svcs. Supv. , .Community Relations/ Crime Analysis (Sgt) None Crime Prevention/ Community Relations (Dep) 1 yr. Patrol exp. Contract Cities/Intelligence (Sergeant) None CORONER DIVISION Coroner Coroner's Sergeant None Coroner's Deputy 1 yr. Patrol exp. . SERVICE DIVISION Civil Civil Sergeant Hone Civil Deputy 1 yr. Patrol exp INVESTIGATION- DIVISION Criminal Investigation Team Leader (Sgt) Nene Investigator (Dep) 1 yr. Patrol Spec. District (Sgt) None Spec. District (Dep) 1 yr. Patrol Narcotics Supervisor (Sgt) None Narcotics Investigator (Deputy) 1 yr. Patrol Spec. Svcs/Vice Vice Sergeant None Juvenile/Sex Assault Sergeant None Deputy 1 yr. Patrol *All Deputy Sheriff positions require completion of probat'- "�-- Same for Sergeants ., '-Approve 7�1�—une , 1985 EXHIBIT B Contra Personnel Department CostaAdministration Bldg. J 651 Pine Street ('�^' 1 Martinez, California 94553-1292 � nty,Jl.l i . February 16, 1990 Bill Landis, President Deputy Sheriffs' Association 1925 Maybelle Drive Pleasant Hill CA 94523 Dear Mr. Landis: This letter will confirm certain understandings reached on October' 18, 1982 and during 1989 Memorandum of Understanding negotiations concerning scheduling in the Contra-Costa County Sheriff's Department as follows: 1. Effective January 3, 1983 the following units will be placed on a work schedule consisting of four (4) days per week, ten (10) hours per day Marine Patrol Work Furlough Field Officers (3 positions only) Classification Deputies at Main Detention Facility i Internal Affairs Motorcycle Patrol Suppression Team (at Sheriff's.discretion) Investigation (excluding Narcotics, Juvenile and Checks Sergeants) The County agrees that it shall not seek to change the 4-10 work week of bargaining unit menbers assigned to Investigations, through meet and confer or otherwise. This contractual ccmnitment lasts until October 1, 1994. 2. Effective January 3, 1983, the following units shall work a mutually agreed upon schedule consisting primarily of twelve (12) hour days (excluding two (2) .to four (4) positions) : Work Furlough Center Rehabilitation Center 3. Effective January 3, 1983, sworn personnel assigned to the patrol division and regularly working the graveyard shift only shall work a schedule consisting of four (4) days per week, ten (10) hours per day. 4. Effective January 31, 1983, sworn personnel assigned to the patrol division and regularly working days or the swing shift shall work a . schedule consisting of five (5) days per week, eight (8) hours per day. 5. In consideration of the above modifications the parties further agree to the following additional conditions: A. The Department agrees to schedule vacations to prevent loss of accrued and accruing vacation provided that the individual employee give sixty (60) calendar days advance written notice to the Division Ccmmmander that he/she is approaching his/her maxim= accrual. B. Effective January 3, 1983 the following operational guidelines for the minianmm staffing of the patrol division shall be established. These staffing levels shall be interpreted as the miri;TM+�m+ number of officers to be on duty for each particular patrol watch. These levels are subject to change by the Sheriff at any time for any of the following reasons: 1. To ccapensate for personnel shortages due to training needs. 2. Tb compensate for personnel shortages due to vacancies occurring because: a. There exists a lack of well-qualified lateral transfers or well-qualified persons on the regular eligible list, or b. The Sheriff elects to leave positions vacant in lieu of layoffs or demotions; provided, however, that in no event will the. refusal of the Sheriff to fill an allocated, budgeted position for any other reason than those set forth above constitute an exception under this part. 3. Fiscal restraints that require reduction in authorized strength of the Department or necessary reductions in expenditures to meet budgeted levels. 4. Assignment of personnel to specialized duties to meet tenporary operational needs of the Department. 5. Any emergency situations. STAFFIM 1EVEIS SHIFT ION. TUM. WED. THURS. FRI. :SAT. SUN. GRAVEYARD 9 9 9 9 11 11 11 DAY 16 15 16 16 16 16 ' 16 SWING 17 17 17 17 19 19 19 Nothing herein is intended to preclude employees being scheduled. for either a 4-10 or 5-8 work week (i.e. Training Bureau) by mutual agreement between the employee and the Sheriff or his/her designee. If the foregoing conforms to your un , please irclicate your approval and acceptance in the space provided below. Dated:-."& DEPUIY SHERIFFS' ASSOCIATION CONTRA COSTA COUNTY �1 WPH:yba c/104 Contra Personnel DepaTtMenT CostaEXHIBIT C Third Floor, Administration Bldg. 651 Pine Street ^� ty @ Martinez, California 94553-1292 Coun 646-4064 Fbrry D. Cistwmen Director of Personnel January 23, 1989 Ron Yank, Attorney at Law Carroll , Burdick & McDonough One Ecker Building Ecker & Stevenson Streets San Francisco CA 94105 Dear Mr. Yank: This side letter enunciates agreements reached regarding terms and conditions of employment for Sheriff's Aides and Sheriff's Specialists during meet and confer negotiations between County representatives and the Deputy Sheriff's Association. A. ECONOMICS 1 . Shift Differential In the hours which qualify for shift differential , employees in the classification of Sheriff's Aide or Sheriff's Specialist shall receive effective January 1 , 1989/ five percent (5%) above their base salary rate. To qualify for shift differential , an employee must have a regularly assigned daily work .schedule which requires: a . Completion of more than one and one-half (1-1/2) hours over the normal actual working time; 'or b. At least four (4) hours of actual working time from 5:00 p.m. through 9:00 a.m. inclusive. However, employees who have been regularly working a shift qualifying for shift differential immediately preceding the commen-. cement of a vacation, paid sick leave period, paid disability or other paid leave, will have shift differential included. in com- puting the pay for their leave. The paid leave of an employee who is on a rotating shift schedule shall include the shift differen- tial that would have been received had the employee worked the shift for which the employee was scheduled during such period. Ipme INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER '- .Ron Yank, Attorney at Law January 23, 1989 Page 2 Shift differential shall only be paid during paid sick leave and paid disability as provided above, for the first thirty (30) calen- dar days of each absence. 2. Health Plan/Dental Plan Provisions of Section 17.1. through Section 17.8 in . the 1987-89 Memorandum of Understanding between Contra Costa County and the Deputy Sheriffs' Association are applicable to newly-hired employees in the classifications of Sheriff's Aide and Sheriff's Specialist, with health plan -and/or dental coverage becoming effective the first of the calen- dar month following hire. 3. Hazard Pay Effective January 1 , 1989 employees in the classification of Sheriff's Aide who work in the following designated areas shall receive a five percent (5%) base pay salary differential for each hour worked in a hazardous area or assignment: a. "D" Module in MDF b. Booking desk in MDF. c. Process Server working out of the. Court Services Division 4. Overtime and Compensatory Time Provisions of .Section 7.1 and 7.2 in the 1987-89 Memorandum of Understanding between Contra Costa County and the Deputy Sheriffs' Association are applicable effective January 1 , 1989 to employees in the classification of Sheriff's Aide and Sheriff's Specialist. 5. Uniform Allowance Effective January 1 , 1989, a uniform allowance of twenty-five dollars ($25.00) per month will be paid through June 30, 1989. Effective July 1 , 1989, the monthly uniform allowance shall be ter- minated and in lieu thereof, employees eligible for uniform allowance shall receive a yearly lump sum payment on December 10, 1989 and each December 10th thereafter of three hundred dollars ($300.00). Said yearly payment, which is for the period July 1 through June 30, shall be prorated for employees hired after July 1 . Employees who terminate employment after January 1 and prior to July 1 shall be required to pay back excess uniform allowance by an automatic deduction from his/her final pay check. f Ron Yank, Attorney at i-aw January 23, 1989 Page 3 B. MISCELLANEOUS 1 Training Training for Aides and Specialists which is both reasonable and necessary should be arranged. Training required by: C.A.C. standards, department policy or the nature of assignment will be provided uti- lizing the same criteria as applied for sworn personnel . . Resources and Planning will. continue to send pertinent information regarding training classes to each divisional representative who will see to it. that the Aides/Specialists in their division receive copies. . 2. Shift Assignments a . Sheriff's Aides in the Detention Divison will be 'allowed to sign up ;on a separate list for shifts, by seniority, at; the same time and- or the same periods a� si92-ps for sworVegonne.l .c %.t� Frnv�c'i�c\ oV- QQLAA � - �e�eahift trades between Aides and/or Specialists shall be governed by the same criteria as allowed for sworn personnel shift trades. 3. Overtime ! a . Overtime will be offered first to those Aides trained and working in the vacant position. However, if there is an extra Deputy Sheriff not on overtime available to fill the vacancy,. no Aide will be called in. b. An attempt will be made to allow Aides (within the same Division) to fill in a scheduled absence of another Aide for vacations/schools. 4. Cross-Training Cross-training shall be mandatory for all duties within any Detention sub-unit. Cross-training will be confined to individual bureaus within the Division. As new line positions are created and their responsibilities diversify within the Division, existing personnel will receive basic training in the new functions. The amount of cross-training to be offered for the new positions will be determined by the need for flexibility between the established and new functions. If the new position is a single specialized staff position, there will be no need toycross-train. Ron Yank, Attorney at Law January 23, 1989 Page 4 5. New Positions/Transfer Opportunities a. Sheriff's Aides are encouraged to apply for any Specialist examina- tions administered through the County merit system but are not eli- gible for direct transfer into Specialist positions. b. All Sheriff's Aide or Specialist transfers will be 'governed by the attachment, "Sheriff's Aide/Specialist Transfer Policy and Procedures", listed as "Attachment A". Except - as noted . above, the -provisions of the 1987-1989 Memorandum of Understanding shall apply to Sheriff's Aides and Sheriff's Specialists. If the foregoing conforms to your understanding, please indicate your approval and acceptance. in the space provided below. Dated: y 6jontra LOsta County Contra Costa County Contfa T.o tiCounty. Sheriff-Coroner Deputy Sheriffs' Assn. W PH:yb ER1 :11 .Attachment ATTACFRMENT "A" SHERIFF'S AIDE/SPECIALIST TRANSFER POLICY PND PROCEDURES - 1. When a Sheriff' s Aide or Specialist vacancy occurs in any Division, the Personnel Officer will announce the vacancy. . Included in the announcement will be 'a brief job description, the current job classification, and a contact person in the Division where the vacancy exists. Interested individuals will submit to the Personnel Officer notification of their interest, in writing, within the prescribed period. 2. Only Sheriff ' s Aides with one year in their present position may qualify for Aide openings; only Sheriff 's Specialists with one year in their present position may qualify for Specialist openings. Sheriff 's Aides are encouraged to. apply for any Specialist examinations administered through the county merit system but are not eligible;f r'idre ?transfer into specialist positions. --------------- 3 . A Selection Committee will be convened after the cut-off date to review the applications. This Committee will be comprised of a) the Division Commander (or designee) where the vacancy exists; b) the Personnel Officer; and c) a representative of the Deputy Sheriffs' Association (non-voting) . 4. 'The Selection Committee will consider the following areas when reviewing those employees who have applied. a. Job' Performance b. Sick Leave record c: Seniority . ' d. Possession of special skills or training 5. The Committee will develop an informal recommendation list for the Sheriff to review. The,Sheriff will make the select ion..from the list. Employees will-be promptly notified of the Sheriff's selection. 6. Certification of names from the Personnel Department may be requested if: a. No interest is shown by Department employees, or ' b. If the Selection Committee, with the concurrence of the Sheriff, determines that none of the applicants are qualified. 3 EXHIBIT D 34-22.002-34-2:.008 PERSONNEL Chapter 34-22 Chapter. 34-24 UNFAIR PRACTICES SANCTIONS Sections: Sections: 4-22.C('2 C0LII1tV. 34-24.002 Exclusive. 3—.-2-004 Employee organizations. 34-24.004 Against employee organizations. 34-22.002 County. It is an unfair 34-24.006 Notice. employer-employee relations practice for the 34-24.008 Appeal. county to: (1) Interfere Mth, restrain or coerce 34-24.002 Exclusive. Notwithstanding the emproyees in the exercise of the rights provisions of Title 1, the sanctions and appeals recognized or granted in this division; provided in this chapter are the only sanctions (2) Dominate or interfere with the formation and appeals provided by county ordinance or of any employee organization or interfere with. regulation for violations of the provisions of this selection of.a majority representative; division. (Ord. 70-17 § I (part), 1970). (3) Contribute financial support to any employee organization; or 34- 24 . 004 A;a i n s t employee (4) RefLse to meet and confer in good faith organizations. ` The employee relations of Meer (,vith representatives of formally organized may, after reasonable notice, impose sanction(s) employee organizations on matters within the for unfair employer-employee relation> scope of representation), or to refuse to consult practices, including but not limited to with informally recognized employee suspension or revocation of privilegoes provided a organizations on matters within the scopeof recognized employe_ organization, such as dc:es. repres.entaLion. (Ord. 70-17 § 1 (part), 1970). deduction. (Ord. 70-17.§ 1 (part), 1970). 34-22.004 Employee organizations. It is an 34-24.006 Notice. The employee relations unfair employer-err,pldyee relations practice for of'flcer shall immediately g4ve the employee employee organizations or their representatives organization written notice of the sanction(s) or nie; bars to: ImDosed. (Ord. 70-1.7 § 1 (part), 1970). (1) Interfere with, restrain or coerce employees in the exercise of the rights 34-24.008 Appeal. Sanctions invoked by recognized or granted in this division; Vne employee relations officer may be appealed (2) Coerce, attempt to coerce or discipline to the board within ten days of the mailing_ of any member of an organization so as to hinder his notice, in which case the sanctions shall not or impede the.performance of his duties; be in force until the appeal has been ruled upon (3) Discriminate against any employee with by the board..Sucli appeals shall be heard and regard to the terms or conditions of membership decided at the next regular board meeting or an because of race, color, creed, sex or national earlier special meeting. (Ord. 70-17. § 1 (part), origin; 1970). - (4) Refuse to consult, or meet and confer in good faith, with management representatives on matters within the scope of representation;or Chapter 34-26 (5) Initiate, engage in, cause, instigate, encourage or condone a work stoppage of any DUES DEDUCTION kind or other disruptive activities which ars detrimental to the conduct of county business Sections: and.sen,ices. (Ord..70-17 § I (part), 1970). 34-26.002 Majority representati%,es. 34-26.004 New employees in unit. 34-26.006 Other employees. 34-26.008 Authorization. *See(;ov.C.§3507. (Cwttra 0,5t.: C(jun:y 4.15.73) ( EXHIBIT.E The Deputy Sheriffs' Association and the County understand that the meet. and confer process with respect to the conditions of employment for project classifications is unique and therefore differs from. other regular .classes represented by the Sheriffs' Association in the following respects. 1. Project employees are not covered by the Merit System; 2. Project employees may be terminated at any time without regard to the provisions of this Memorandum of Understanding, and .without right of appeal or hearing or recourse to the grievance procedure specified herein; 3. Any provision of this Memorandum of Understanding which pertains to layoff or seniority are not applicable to project employees. EXHIBIT F Contra Personnel Department Costa Third Floor, Administration Bldg. ��//���`77 651 Pine Street County Martinez, California 94553-1292 (415)646-4064 Harry D. Cisterman Director of Personnel December 28, 1987 Mr. Al Earle, President Deputy Sheriff's Association P.O. Box 333 Martinez, CA 94553 Dear Mr. Earle: This side letter confirms agreements reached between Contra Costa County and the Deputy Sheriff' s Association during negotiations for a new memorandum of understanding commencing. July 1 , 1987 regarding the Sheriff's "Open Door Policy" . The Sheriff's Department agrees to continue its present "open door policy" and communications inthe Labor-Management Committee such that the Deputy Sheriff',s Association can represent in a potential grievance employee(s) who do not wish to be identified or associated with the grievance. If the foregoing conforms with your understanding, please indicate your accep- tance and approval in the space provided below. Date 077 Deputy Sheriff' s Association Contra Costa County By4 By 1pma INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER EXHIBIT G Sheriff-CoronerRichard K.Rainey Contra SHERIFF-CORONER P.O. Box 391Costa O�`tasta Warren E. Rupf Martinez. California 94553-0039 ���/// i Assistant Sheriff (415) 372- 2404 County Gerald T. Mitosinka �J Assistant Sheriff i December 18 1986 Mr. Obie Anderson, President Deputy Sheriffs' Association 22 E. Madill Street Antioch, CA 94509 Dear Mr. Anderson: This letter will confirm certain understandings reached during discussions concerning a modification in the shift schedule of Deputy Sheriffs and Sergeant at the Marsh Creek Detention Facility. 1) Effective January 5, 1987 the shift schedule attached hereto and listed as "Attachment 1" will be in effect at the Marsh Creek betention Facility. 2) During the first week in March, 1987 the Sheriff .will advise the Deputy Sheriffs' Association in writing as to his intentions to, continue with the staffing modification listed on "Attachment l" at the Marsh Creek Detention Facility. 3) If the Sheriff determines not to continue with the. modified shift schedule in "Attachment 1", the shift schedule will revert to .the ;schedule in effect prior to January 5, 1987. This reversion will be effective April 6, 1987. 4) If the Sheriff desires to continue the modified schedule: in "Attachment 1" beyond April 5, 1987 and the Deputy Sheriffs' Association formally objects in writing, the Sheriff agrees to immediately '.begin meet and confer negotiations as to the future shift schedules to be in effect after April 5, 1987 at the Marsh Creek Detention Facility. In this event, two shift signups will be initiated contingent upon which : schedule is ultimately implemented on April 6, 1987. This present agreement will not have any effect on, or prejudice to, the outcome of any future negotiations on shift schedules at Marsh Creek Detention Facility. 5) Not withstanding any of the above, the parties recognize that the D.S.A. is not waiving, directly or by . implication, its contention that the modification is a violation of the memorandum of understanding and that it need not entertain a request to meet and confer prior to the commencement of regularly scheduled negotiations on the M.O.U. AN EQUAL OPPORTUNITY EMPLOYER J - 6) Incidental to this proposal : a) Shift trades are permissible, b) The extra day scheduled once each. six weeks may be adjusted to meet personnel needs by the Team ' Leader so long as minimum shift strength (five deputies) is maintained, c) The Crew 50 Team Leader will revert to custody duties during the off-fire-season (December-March). d) The K-9 . Unit Officer will necessarily concentrate n ,custody/utility duties as required to reduce ove time. 0 Contra Costa County Co tra Costa County Contra Costa County Deputy Sheriff's Assoc. Sheriff-Coroner Date J yr v �.•� v v v y T� Q 000000 0 - �� o 0 o a o o 0 _ - - ' 0 t3 �`JOC) O — — — _ {� vt a _ 00C) ) — t�t j O Q 4 U ;57 — — - - � �: O 000004 a 00000 1 I o � a0000Q) , _ a+ o � IL i,i � o 000000 - - 000 �� _ 0 o 0o _0 _ t� �1 d o ap04 © ooao0o _ 00 'oao _ � ' — - - 0 00040 _ },� y O 000 c) ooa000 u 0 4 Q o 0 0 vj i O C) aaa4 -O O 0 0 0 0 0 - - � — O OQOQO — „i O ~ 00000 _x~ = ro O o � ooO0C� 0 — ji, — Y 440000 — 000000 - -- — - - - W _ 0 00 .0000 - - - 0 00000 _ I y - -- - - — O OOOUO 96 < A to W �C "W Lli j W cc 0 a a s a C cc z �, w w L0 0 o'v �� cn o o fl 0I �E . cr) AI C1atoA ? AAA � fll'��,y'.�'• �;�.,;,,�' :"_� '0�;i�rn '�0; ��0; .0. •0 -0 �0 0 � � 0 .. .'•'. � ,1�• — ,- 0 -- - 0 .0 - -- - � 0 _00000 - -- y: -- -- -- -- -- 1 •':..__. =p - � - - 0 - 00 � 0000 _ 0O V IL 0 0 0 0 0 0 0 O — - - - - - - 3 1" - - - - - - - 0 - 0 0 0 0. 0 — 0 000000 = ==tears= -"" —s—== L=- 1 - 0 0 00 0 0 0 00 0 0. Q Q O Q - - - - - -. -- - - 000 00 —;y - - - - - - - - - 0 - - - O 0 0 0 00 0 - -- -_ � -_- 0 _ 0000000 � _ m "� - - - - - - - - — - - — O� O O 0 x .1L _ 0 OOOOO 0 �R 00 3 p - -- - - - - - -- - - -- --0 0 _ p _ Q 000000 _ ' 0000000 0 0 a .0 0 0 0 0 0 O 0 1 - - - - - - - - - - - 0 0 0 000 .0 - - y _ O O 0 0 0 0 0 O _ Y ,;t O 0 0000000 IA. 0 . 00000O 01 `_ r 1S rl ; 0 ly ID i� 'a .1 chi' r•'• G7'LJ i. P.� U' 111 l,i hl 111QI 11� 11 111 Q '� - - .:AI .iil J;. A n n 1 1 _.I 1 EXHIBIT H Sheriff-Coroner Richard K. Rainey Contra :Sr,calF=-CORONER P.O. Box 391Costd Warren E.Rupf Martinez. California 9453-� �c •Ass;stant Sher;ff (415) 646- County Gerald T.Mitosinka `1 2404 Ass stant Sheriff Rodger L.Davis .'Assistant Sheriff Contra Costa County Deputy Sheriffs' Association P.O. Box 333 Martinez, CA 94553 Attention: Bill Landis, President Gentlemen: This letter of agreement will serve to confirm certain agreements and understandings reached as a result of meeting and conferring in good faith between Contra Costa County land the Sheriff's Department) and the"Contra Costa County Deputy Sheriffs' Association. The parties have agreed as follows: 1) Effective January 1, 1989, Deputy Sheriff assignments in the Court Services Division will be considered equivalent to assignment in the Detention Division for all mandatory transfer/assignment purposes. Section 10.2 of the 1987-89 M.O.U. is modified such that the phrase "or Court Services Division" will immediately follow each time the phrase. "Detention" (or "Detention Division") occurs -in that section.. 2) Deputy Sheriffs. permanently assigned to Court Services on. the . effective date of this change will begin to receive this equivalency on the effective date. 3) This change will be incorporated into subsequent M.O.U. ',s negotiated between the county and the Deputy Sheriffs' Association. 4) Section 10.2 E.4. of the M.O.U. is amended as follows: (a) Personnel in the classification of Deputy Sheriff who have 15 years of permanent full time service as a sworn officer with Contra Costa County effective July 1, 1989 may elect to be assigned to either the Patrol or Detention Division. (b) Deputy Sheriff personnel not included in (a) above who subsequently reach 20 years of permanent full time service as a 'sworn, officer with Contra Costa County effective. July 1, 1989 may elect: to be assigned to either the Patrol or Detention Division. i; AN EQUAL OPPORTUNITY EMPLOYER (c) The 1489 M.O.U. will reflect the above changes and Section 10.3 of the current M.O.U. will be eliminated. Sheriff-Coroner Deputy Sheriffs Assoc. Personnel. Department Date 1 Z-S'`�� Date f �-� / Date 6/, f^ Richard K. Rainey Sheriff-Coroner Contra EXHIBIT I SHERIFF-CORONER P.O. Box 391 Costa Warren E.Rupf Martinez, California 94553-0039 Assistant Sheriff (415)646- County Gerald T.Mitosinka 2404 `1 Assistant Sheriff Rodger L.Davis Assistant Sheriff Contra Costa County Deputy Sheriffs' Association ! P.O. Box 333 Martinez, CA 94553 Attention: . Bill Landis, President Gentlemen: This letter of agreement will serve to confirm certain agreements and understandings reached as a result of meeting and conferring in good faith between Contra ,Costa County (and the Sheriff's Department) and the Contra Costa County Deputy Sheriffs' Association. With regard to the M.O.U. section regarding Court . Appearance Overtime (Section 7.3, the parties agree to the following: It is not the intention of the parties that a Deputy Sheriff/Sergeant receive the full three hour minimum under this section if the appearance time for the judicial proceeding is less than three. hours prior to the start of the employees scheduled shift or less than three hours following the end of the employee's shift. In these instances, the Deputy Sheriff/Sergeant should be paid for the amount of time between the scheduled court appearance and the start or en the scheduled .shift. Sheriff-Coroner Deputy Sheriffs' Assoc. ersonnel Department Date �2`�—�� Date Date T AN EQUAL OPPORTUNITY EMPLOYER EXHIBIT J Contra Personnel;. Department Costa Third Floor, Administration Bldg. 651 Pine Street County Martinez, California 94553-1292 (415)646-4064 Harry D. Cisterman September 27, 1988 Director of Personnel Bill Landis, President Deputy Sheriffs Association 1925 Maybell Drive Pleasant Hill CA 94523 . Dear Mr. Landis: This side letter addresses agreements reached with the Deputy Sheriff's Association on behalf of former Deputy Marshals and Deputy Marshal-Sergeants. Upon receipt of a validated sales slip, the Sheriff's Department will reimburse a former Deputy Marshal who purchases any of the following Deputy Sheri ff.uni form items: Hat $ 47.00 Hat Shield 29.00 Gold Cord 4.00 Ike Jacket Sleeve Trim 15.00 Shirt Patch Change 6 X $2.00 12.00 Jacket Patch Change 2 X $2.50 5.00 $112.00 (excluding taxes) With respect to "foul weather jackets" purchased and worn by :former Deputy Marshals, it is agreed that: 1 . Assistant Sheriff Davis will identify those personnel formerly in the Marshal 's Department who possess blue foul weather ("Tuffy") jackets. These individuals may continue to wear the blue jackets. 2. If an employee so identified elects to transfer out of the Court Services Division within the next five years (through July, 1993) , .the Sheriff's Department will reimburse the employee for the purchase of a black foul weather jacket. 3. After July 1993, authorization for personnel to wear a blue foul weather jacket will be withdrawn. I • IPM61 INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER - 2 - If this conforms with your understanding, please indicate your acceptance and approval in the space provided below. Approved & Accepted: i B 1 andis Bill Hamilton, Chief. Deputy Sheriffs Association Employer-Employee Relations WPH:yb ER1 :59 cc: Auditor-Controller Ron Yank, Attorney at-Law. Eileen Bitten, Personnel EXHIBIT K Sheriff-CoronerContra Richard K. Rainey S'r.EaIF;Z-CORONER P.O. Box 391COSta Warren E.Rupf Martinez. California 94553-0039 Ass stan;Sheriff (415) 546- Gerald T.Mitosinka 2404 Assistant Sheriff Rodger L.Davis Assistant Sherif' September 22, 1988 Contra Costa County Deputy Sheriffs'. Association P.O. Box 333 Martinez, CA 94553 Attention: Bill Landis, President Gentlemen: i This side letter will serve to confirm agreement reached as a result of labor Management negotiations between Contra Costa County Sheriff's .Department and the Contra Costa County Deputy Sheriffs' Association regarding compensation paid to Sergeants while assigned to Deputy Sheriff positions. i. The County and the Association agree that effective -October- 1, . 1988: Sergeants may, at their discretion, volunteer and be assigned to work overtime in a Deputy Sheriff assignment. When this occurs, the Sergeant will be compensated at Deputy Sheriff salary step:next below that .of the volunteering Sergeant. The above option may be utilized ,only when all reasonable efforts to assign the overtime to Deputy, Sheriffs have been exhausted. If the foregoing conforms to your understanding, please indicate': your approval and acceptance space provided below. t Co a Costa County ontra Co to County Contra Costa County Sheriff-Coroner eputy Sheriffs' Assoc. #at TY:mg cc: Auditor-Controller AN EQUAL OPPORTUNITY EMPLOYER EXHIBIT L eriff-Coroner Richard K.Rainey Sh Contra SHERIFF-CORONER P.O. Box 391 Costa Warren E. Rupf Martinez, California 94553-0039 Assistant Sheriff (415) 646-4644Count\/ Gerald T.Mitosinka 1 Assistant Sheriff July 26, .1988 Contra Costa Deputy Sheriff's Assocation P. O. Box 333 Martinez, California 94553 Attention : William Landis, President Dear Sirs, This letter will confirm certain understandings reached on concerning scheduling in the Contra Costa County Sheriff's .Department Transportation Bureau effective August 15, 1988.as follows : A. One position designated as the MCDF/D.elta Court . Run which is. currently a 5 day, 8 houe...work :week shall be converted to a Monday-Thursday, 4 day / 10 hour work week. .B. The Contra Costa.County. Sheriff's Department re- serves the right to revert'this position .to a 5 day work week at their discretion provided a 30 day notice is given to the affected deputy filling the position. Dated Contra Costa Deputy Sheriff's Association Contra Costa S riffs epartment - Contra Costa County AN EQUAL OPPORTUNITY EMPLOYER EXHIBIT M Sherif f-CorO r)e r Contra Richard K.Rainey SHERIFF-CORONER P.O. Box 391 Costa 1 Warren E. Rupf Martinez, California 94553-0039 Assistant Sheriff (415) Siii(X646-4644 County Gerald T. Mitosinka ��J Assistant Sheriff i May 26, 1988 i Contra Costa County Deputy Sheriff's Association P. O. Box 333 Martinez, California 9455.3 Attention : William Landis, President Dear Sirs :, This letter will confirm certain understandings reached on May 25, 1988 concerning the administering of.over the counter medications by Deputy - Sheriffs in the Martinez Detention Facility. Effective June 1, 1988, over the counter medication (Aspirin, Tylenol, Maalox Plus) will be administered by Deputy Sheriffs and documented by use of the OTC Documentation Form. The form will be completed and handled as follows: 1. The inmate will complete sections 1-6 of the form. 2. The deputy will dispense the requested medication. 3. The deputy will initial the form, section 7, and place the completed form in the locked sick call box. 4. Nursing staff will remove the forms from the locked sick call box at least once daily. This policy and procedure will be included in the Main Detention Facility manual. AN EQUAL OPPORTUNITY EMPLOYER Contra Costa County Deputy Sheriff's Association May 26, 1988 Page 2 If the foregoing conforms to your understanding, please indicate your approval and. acceptance in the space provided below. Date Deputy Sheriff's Association Contra. Costa County • BY �� By OTC DOCUMENTATION INMATE NAME: j DATE: TIME: i MODULE: 5 MEDICATION REQUESTED: ASPIRIN (Check one) TYLENOL ' MAALOX REASON FOR MEDICATION:. i GIVEN BY: (Deputy.- Initial ) i EXHIBIT N Rainey Sheriff-Coroner Contra SHERIFF-CORONER P.O. Box 391Costa Warren E.Rupf Martinez, California 94553-0039 Assistant Sheriff (415) 372- COUnt\/ Gerald T.Mitosinka . 646-2402 J Assistant Sheriff March 1, 1988 i Contra Costa County Deputy Sheriffs' Association P.O. Box 333 Martinez, CA 94553 Attention: Bill Landis, President Gentlemen: This letter of agreement will serve to confirm the following agreement reached as a result of meeting and conferring in good faith between Contra Costa County (Sheriff's Department) and. . the Contra Costa County i Deputy Sheriffs' Association. i With regard to the Transportation Bureau function in the Detention Division, the Sheriff and Deputy Sheriffs' Association agree that: 1). Personnel eligible for MDF shift sign up shall continue to sign up for the Transportation function on a seniority basis; 2) Beginning with the April 4, 1988 shift change, personnel who sign up for the Transportation function shall make a one year commitment. to work in the assignment, with thedepartment making; the same' commitment to the employee: This one year minimum period may be shortened . by mutual consent; 3) All personnel permanently assigned to the Transportation function shall be patrol qualified and have completed their probationary period; 4) Only two Deputy Sheriffs in Transportation shall be allowed off on vacation concurrently, except that existing rules and policies relative to vacation for voluntarily and involuntarily transferred personnel shall continue to apply; . 5) If there are not enough bidders to fill vacancies, vacancies may be filled by the involuntary transfer of the least senior Deputy; Sheriff who is off probation and patrol qualified; 6) Existing personnel shall be "grandfathered" with regard., to one year commitments, but not with regard to taking vacations ,and the two person maximum. If the foregoin forms to your understanding, please indicate; your. approval ,and acceptance i th space provided below. Contra Costa Count Contra C to County Contra Costa County Sheriff-Coroner Deputy Sheriffs' Assoc. DATE: AN EOUAL OPPORTUNITY EMPLOYER EXHIBIT 0 Sheriff-Coroner Contra Richard K.Rainey SHERIFF-CORONER P.O. Box 391 Costa Warren E. Rupf Martinez, California 94553-0039 Assistant Sheriff (415) 372- County Gerald T. Mltaslnka 646-2402 Assistant Sheriff March 1, 1988 Contra Costa County Deputy Sheriffs' Association P.O. Box 333 Martinez, CA 94553 Attention: Bill Landis, President Gentlemen: This letter of agreement will serve to confirm the following agreement reached as a result of meeting and conferring in good faith between Contra Costa County (Sheriff's Department) and the Contra Costa County Deputy Sheriffs' Association. Deputy posts will be assigned on their respective shifts as follows: 1. The shift sergeant will solicit input from deputies as to the deputies' choice of post assignment. 2. The shift sergeant will evaluate the experience level , knowledge and past performance of each deputy and make post assignments based on who .they believe is the "most qualified" for the position. Seniority may be utilized as - a factor wberr the supervisor determines who is the "most qual if i ed",, w i•fCV Vu4(L 3. The shift sergeant will assign->deputies to posts to promote pride, accountability and consistency. 4. If the sergeant evaluates and concludes two deputies are equally qualified for a post, seniority may be the deciding factor in making the selection. If the foregoing conforms to your understanding, please indicate your approval and acceptanc 'n the space provided below. AZk � �� , r G" - r — - 09potrY Costa County Contra Co a County Contra Costa County Sheriff-Coroner Deputy Sheriffs' Assoc. Date: �J—�� fig, AN EQUAL OPPORTUNITY EMPLOYER Contra EXHIBIT P Personnel Department Costa Third Floor, Administration Blda. 651 Pine Street County . Martinez, California;94553-1292 (415)646-4064 Harry D. Cisterman Director of Personnel i December 28, 1987 Mr. Al Earle, President Deputy Sheriff' s Association P.O. Box 333 i Martinez, CA 94553 Dear Mr. Earle: The existing firearms training policy shall be maintained, except that deputies shall be entitled to qualify quarterly, on the deputy's own time with the department supplying the Rangemaster and with the department supplying the ammunition. There shall be advance notice and opportunity to sign up, withithe department providing enough different opportunities to cover people with different shifts and days off. There may be a one-day make-up mid-quarter. Qualified Rangemasters may satisfy their quarterly requalification by serving as Rangemaster on. their own time. If the foregoing conforms with your understanding, please indicate your accep- tance and approval in the space provided below. Date' Deputy Sheriff's Association Contra Costa County BBB Y i 1pme INTERNATIONAL PERSONNEL I•VIANAGEMENT ASSOCIATION MEMBER Contra EXHIBIT 4 Personnel Department Costa Third Floor, Administration Bldg. 651 Pine Street County Martinez, California 94553.1292 (415)646-4064 Harry D. Cisterman Director of Personnel December 28, 1987 Mr, Al Earle, President Deputy Sheriff's Association P.O. Box 333 Martinez, CA 94553 . Dear Mr. Earle: This side letter confirms agreements reached between Contra Costa County and the Deputy Sheriff's Association during negotiations for a new memorandum of understanding commencing July 1 , 1987 regarding the "President's Slot" . The DSA President shall be granted release time to conduct association business, including meeting with county personnel or officials, up to ten (10) hours per week. Release time- during negotiations shall not count against the ten hour limitation. If the foregoing conforms with your understanding, please indicate your accep- tance and approval in the space provided below. Date / :2 Deputy Sheriff' s Association. Contra Costa County CL& By By / IPm41 INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER i i .Contra EXHIBIT R Personnel Department Costa Third Floor, Administration Blclg. 651 Pine Street ; County Martinet, California 94553.1292 (415) 372.4064 Harry D. Cisterman Director of Personnel June 18, 1987 Contra Costa County Deputy Sheriffs' Association P.O. Box 333 Martinez, CA 94553 Attention: Al Earle, President Gentlemen: This letter of agreement will serve to confirm the following ;agreements reached as a result of meeting and conferring in good faith between Contra Costa County (and the Sheriff' s Department) and the Contra Costa County Deputy Sheriffs' Association. The County agrees that overtime will be categorized as (a) FLSA overtime for hours scheduled and worked in excess of 171 hours in a give vU day period; and (b) M.O.U. overtime, which is based on work in addition to the scheduled assignment. The County further agrees: i 1 . All overtime paid under this agreement will be at the rate overtime is paid to Deputy Sheriffs. in "5/8" shift : assignments; 2. To pay one-half hour for each hour of FLSA overtime (hours scheduled and worked in excess of 171 hours up to 1`95 hours); 3. To pay for FLSA overtime in excess of 195 hours at .1 1/2� hours for each hour worked; 4. . To pay M.O.U. overtime in accordance with paragraph 1 above; 5. Not to charge M.O.U. overtime worked against FLSA overtime; 6.. This agreement will be retroactive to April 16, 1986 minus any FLSA overtime previously paid deputies assigned to the Coroner' s Division. If the foregoing conforms to your understanding, please indicate your approval and cceptance in he space provided below. Contra Costa Coun ` Contra Costa County Contra Costa Count Y Sheriff-Coroner Deputy Sheriffs' Assoc. 27-3 7 1pm� - DAT INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER Sheriff-Coroner + EXHIBIT S y Contra Richard K.Raine SHERIFF-CORONER P.O. Box 391 Costa Warren E. Rupf Martinez.California 94553-0039 Assistant Sheriff (415) 372402 County. Gerald T.Mltosinka `1 Assistant Sheriff May 13, 1987 Contra Costa County Deputy Sheriffs' Association P.O. Box 333 Martinez, California 94553 Attention: Al Earle, President Dear Sirs: This is a letter of understanding, confirming certain agreements reached on May 13, 1987 related to scheduling of Sergeants in . the Contra Costa County Sheriff's Department. 1. Effective .immediately all Sergeants receiving notification of an inter-divisional transfer will be allowed to sign up for the next full schedule in their new Division. 2. It is understood that the transfer notification will officially occur on the date of transfer memoranda. However, all .parties -shall apply a reasonable standard that allows flexibility on both sides. pppp 3. It is not the intent of this agrettrrmt to interfere with or delay the scheduling process that occurs at the Divisional level. If notification of transfer is made after a sign up has started but not completed or implemented, the transferee will be assigned to . a vacant slot. It is understood that administrative processes will prevent this from occuring except in unusual and . uncontrollable situations. 4. During formal labor-management negotiations which will occur later in calendar year 1987, specific language will be drafted and agreed to for placement in the Memorandum of Understanding. Dated �+ Contra Costa County Contra Costa County Deputy Sheriffs' Association By By AN EQUAL OPPORTUNITY EMPLOYER i EXHIBIT T;. i Sheriff-Coroner Contra Richard SHERIFF-CORONER P.O. Box 391COSta Warren E. Rupt Martinez, California 94553-0039 n Assistant Sheriff (415) 372- County I Gerald T.Mltosinka 2404 i' Assistant Sheriff November 25, 1986 Mr. Obie Anderson, President Deputy Sheriffs' Association 22 E. Madill Street Antioch, CA 94509 Dear Obie: This letter of agreement will serve to confirm certain agreements and understandings reached as. a result of meeting and conferring in! good faith between the Contra Costa County Sheriff's Department and ;.the Contra Costa County Deputy Sheriffs' Association. In addition to the provisions of Section 18.4 in the. 1985=87 Memorandum of Understanding between Contra Costa County and the Deputy; Sheriffs' Association, the parties have agreed that the probationary period for the classification Deputy Sheriff may be extended under. . the; following conditions: When a probationary Deputy Sheriff is injured and unable! to perform the full duties of Deputy Sheriff, the Sheriff may offer a light duty position to the injured Deputy. The Sheriff, Deputy,, and D.S.A. may then sign an agreement that the probationary period. for the injured Deputy Sheriff will be extended by a length of time equal to the duration of the light duty assECosta light duty assignment will not exceed six months in durat Contra Costa County tr ontra Costa County Deputy Sheriffs' Association Sheriff-Coroner Effective date: January 1, 1987 n r I' EXHIBIT U Sheriff-Coroner Contra Richard K. Rainey ONER P.O. Box 391 Costa Warren E. Rupf Martinez, California 94553-0039 Assistant Sheriff (415) 372- 2402 County Ity Gerald T. Mltoainka Assistant Sheriff March 5 1986 Contra Costa County Deputy Sheriff' s Association P.O. Box 333 :. Martinez, CA 94553 Attention: Obie Anderson, President Gentlemen: This letter of agreement will serve to confirm certain agreements and understandings reached as a result of meeting and conferring in good faith between Contra Costa County (and the Sheriff's Department) and the Contra Costa County Deputy Sheriffs' Association. The parties have agreed as follows: 1. The Sheriff' s Department . may, at its sole discretion, require candidates for Deputy Sheriff and Deputy Sheriff Recruit to sign a "Pre-employment Agreement" (attached hereto) prior to permanent hire with the Department. 2. The Deputy Sheriffs' Association (DSA). has no role, rights, or responsibilities, on either side, with reference to said agreements, except as specifically provided hereafter in section/paragraph 5. 3. The pre-employment agreement states that a newly hired Deputy Sheriff/Deputy Sheriff Recruit agrees to remain employed with the Sheriff'.s Department for 30 months from the date of hire or promotion to Deputy Sheriff. Should the employee resign within that period of time to accept a law enforcement position with another agency, the employee is required to reimburse the County for certain Salary costs described in the attached schedule. 4. The Reimbursement Schedule will be updated annually at the beginning of each year to. reflect any changes in salary or training costs. 5. The County will not invoke its rights in whole or in part (i .e., it could invoke it partially) under said Pre-employment Agreement, if the degree of invocation of the section would work an injustice. "Injustice" here involves the expectations of the County, what the new employee knew or should have reasonably foreseen when 'he/she was hired, intervening unexpected occurrences or illnesses, and so on. This paragraph contemplates that the County (Sheriff's Department) may invoke the economic pay back partially, and the partial invocation would not result in an injustice. The protections of this section (5) may be invoked under the grievance procedure only by the Deputy Sheriffs' Association. AN EQUAL OPPORTUNITY EMPLOYER Deputy Sheriffs' Association March 5, 1986 Page 2 6. The current M.O.U. (1985-1987, signed November 19, 1985) is hereby modified as follows: a) Section 23.4(L) is modified to allow four (4) Immediate Arbitrations in any fiscal year. b) Section 23.4(M) is modified as follows: "Until such time as four (4) arbitrations in a fiscal year have been held. c) Section 23.4(N) is eliminated completely from the M.O.U. If the foregoing conforms to your understanding, please indicate your approval and acceptance in the space provided ., ' tet, . AQ/4-- A� Contra CostaCounty o tra Costa County ontra Costa ounty Deputy Sheriffs' Association Sheriff-Coroner Date 3. On the 24 hour, 10 minute shift, there will be two thirty minute meal periods which will not count as work time under F.L.S.A. These periods will be flexibly scheduled to allow the Deputy an uninterrupted meal period. If work interruptions prevent the Deputy from having a particular meal period, that 30 minutes period will be counted as work time for the shift. 4. Deputy Sheriffs who are assianed to the 24 hours, 10 minute shift and work overtime (as defined by M.O.U. or F.L.S.A.) will be compensated in the same manner as Deputy Sheriffs working "5-8" or "4-10" shifts. This does not prevent Deputy Sheriffs in the 24 hour, 10 minut2 shift frcm electing to accrue "comp time" under M.O.U. or F.L.S.A. provisions. 5. The provisions in (i) through (4) above take effect Aprii lo, 19E6. After a three_ month period either the Sheriff or the Deputy Sheriffs' Association may r=�uesz further me=t and confer regarding the con,tinued provisions of this acre=Tent, and th's agreement shall cease. ont a Costa County Contra Costa County Contra. Costa County Sheriff-Coroner j Deputy Sheriff's Association Date Sheriff-Coroner CCrltra EXHIBIT V Ric�taraK.Rainey SHEaIF=-C;,RCNE= P.O. Box 39' CGst� Wajren E. Rupf Martinez. Ca iter is 94553-0039 Assistant Sheriff (415) 372 �4°� Cunt] Geraid T.Mitosinka Assistant Sheriff i April 7, 1986 Contra Costa Coun�y Deputy Sherif-= P.s_ocil::Or, P.Q. BCxV-13 Martinez, CA : '=62 Attent i cr Gertl e.men: Th C- ^fir=:r;�.,� rll l Sc.^'i= yi J C_.1 i i r-m certai n acre _ unter5tal;- ;,g_ r=ac"E_ as a resii o- me n- and conferring bet,.-leen Contra :osta C:.un ty (and t.e Sir.er" s Department) anC .. ,n t. Costa Couflty Deputy Sf,eri f f s' Assoc i a t i'01- The iThe parties have agreed as follows: . 1. The shin: in the Coroner' s Division previously known as the "24 hour" shift .will be increased in lengt.l. to 2,1 hours and ten (:)0) minutes. There is no change in the number. of days worked or rotation of work days. 2. . On the 24 hour, 10 minute shi , the hours between 10:00 p.m. and 6:CC a.m. 1;11 .1 he designated "sleep tii,?" in accordance with r;.'-.S.A. provision . a) i. ;:cr: i„=�. -:�=icns rr:,_: D_:u=y. from gett;r,c i == f: ✓' ours c- s .==^r on a pari i C J1 a. s i i-t, the ent:r=_ _.;%e per.: bet:peen 1C:_., p.m. and 6:�G a..;,. wi i i be counted as wor.: -1;-e. b) I= the. Deputy has at 1 east f i ve hours sleep time ava i'I abl e beteen 10:0Q p. n. anc. 6:00 a.m. , the sleep time provision wi' 1 be in effect fctr t-at shift. The five hours minimum siee: period must result f mnc more than two distinct sleep periods tot-zl i ng five hours (i .e. 3 + 2; 4 + 1) . If three separate sleep periods must- be ustbe total=_d to reach the minimum five hours (2+2+1) the entire t «.e between 1C T. and 6 a.m. will be work time. c) If the c:-,:- ,; ins in (b; are ret, the total sleek -re fc tie shift i= de_,.__ed frcm the total 24 hour, 10 mi nute si�ift for ccmputinc L. .A. worst ti.;,e. It is understood the= sleep time refers tc t::e opportunity to sleep, i free frcm: wcr<-related interru;;ticns .