HomeMy WebLinkAboutMINUTES - 05081990 - 1.32 I.7032 fy,
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
MAY 8, 1990
'Adopted this Order on • , by the following vote:
AYES: Sup6rvirors Powerp , Schroder,: McPeak, Torlakpon, Fanden
NOES: None
ABSENT: None
ABSTAIN: None P
RESOLUTION N0. 90/271
SUBJECT: IN THE MATTER OF APPROVING .
THE MEMORANDUM OF UNDERSTANDING
WITH THE DISTRICT-ATTORNEY INVESTIGATORS' ASSN.
The Contra Costa County Board- of Supervisors RESOLVES THAT:
1. On May 8, -1990, the Employee ,Relations Officer submitted the Memorandum of
Understanding dated April `:2511990, entered into with District Attorney
Investigators' Association and the following unit -represented by the
Association:
District Attorney Investigator 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 District Attorney Investigators' Association is
attached hereto and Section Numbers 1 through 49 inclusive are incorporated,
herein as if set forth in full and made applicable to the employees in the
above named unit.
4. If an Ordinance(s) is required to implement any of the foregoing provisions,
the Board of Supervisors shall enact said Ordinance(s) .
THIS RESOLUTION is effective as of July 1 , 1989.
1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board.of Supervisors on the date shown.
ATTLSTED: MAY 8 1990
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
By ,Deputy
Orig. Dept.' Personnel
cc: County Administrator
Auditor-Controller
District Attorney's Office
D. A. Investigators' .Assn.
RE.SOLUTI.ON N0. 90/271
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DISTRICT ATTORNEY INVESTIGATORS' ASSOCIATION
EFFECTIVE
JULY 1 , 1989 - SEPTEMBER 30, 1991
TABLE OF CONTENTS
PAGE
DEFINITIONS.. . . .: . . . ... . . . . . . . .. . . . .. . . . .. . . . ... . .. . . . . .. . .. .. . .. . . . . . . . . . . .1
SECTION 1 RECOGNITION.. . . . . . . . . .. . .... .. .. . .. .. ... ...'.... . .. ... . . . .. .. . .3
1 .1 Association Recognition.. .... .. .. . . . . . .. .. . . . ... .. . ... . . ......3
SECTION 2 ASSOCIATION SECURITY.. . . . . . .. . . . . .. .. .. . . ... . . . ........ . . . . .3
2.1 Dues Deduction.. . . . . . . . . . . . . . . . .. .. . . . . . . . . . .. .. . .. .. . . . . . ..3
2.2 Dues Authorization Form.. ... . .. . . . . .. . . . . .... . . . . . .... . . . . . .. .3
2.3 Maintenance of Membership... . . .. . .... . .. . . .... . . ... ... .. .. . . ..4
2.4 Withdrawal of Membership.. . . . . . . . .. . ... .. . . .. . .. . . . ....:. .. . ..4
2.5 Communicating With Employees... .. .. .. .. . . ..... .. . . . . . .. . . . . . ..4
2.6 Use of County Buildings.. . . . ... . .. .. ... . . .. .... . . . . . .... . . . . ..5
2.7 Advance Notice..-. . ... . . . . . . . . . . .. ..... .. . . .. .. . . . . . ..5
•2.8 Assignment of Classes to Bargaining Units... . .... ... . . . . . .....6
SECTION 3 NO DISCRIMINATION— . ... ... .. . . . . ... .. . o ..... . —1- - o. . .. . . . *6
SECTION 4 OFFICIAL REPRESENTATIVES... . . . . ... . ... . ... ....... . . . . .. . .. . .. . .7
4.1 Attendance at Meetings.. . . . . . oo . . . ... ... .. ..o.... ... . . . . o. . . . .7
4.2 Association Representative.. . .. .. . ... . .. .. . . . . .. ..... . . . ... . . .7
SECTION 5 SALARIES.. . . . . . . . . .. . . . . ... . . . . . . .... . . . . . .. . . .. . . ... . .. . . ..7
5.1 General Wage Increases... .. . . .. . . .. . . ... . . .o.. . . .... . . . . . . . .. ..7
5.2 Entrance Salary,. . . . . . . . . . o . . . . . o. . . .. ... ... . .... . . . . . . . . o. . . .8
5.3 Anniversary Dates.. . . .. . . . . . . . . . .... . . .. ... . ... .... .. . . . . ... . .8
jA. New Employees.. . . . . . . .. . . . . . . ... . . .. .. . .. . . . ...... . ... . . .8
' B. Promotions.. . . .. .. . . . . .. . . ... . .. . .... . . . . . .. . ... .. . . . . . .8
C. Demotions.. . . . . .. .. . . . .... . . . . . . .8
. . . . . .. . . . .. . . . . . .
D. Transfer, Reallocation & Reclassification.. . . . .. .. . . . . . . .8
E. Reemployments .. . . . �
.. . . . . .. . . . . . . . . . .. .... .. . ... . . . . . . .. . . . .
. . . .. . . . ..8
F. Appointment Above Minimum Salary... . .. . ... ... .9
5.4 Increments Within Range... . . . . . . . .. . . . ...... ...... ... . . . .. . . . .9
5.5 Part-Time Compensation.... . . . ... . .. .... . . . .... . .. . .. . . .9
5.6 Compensation for Portion of Month.. . . .. . .... . ... .. ..... .. . . .. . . ..9
5.7 Position Reclassification.. . . . . . .. . ... . . . .. .. . .. . ... ... .. .. . .9
5.8 Salary Reallocation & Salary on Reallocation.. .. . . . ... . .... . .10
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PAGE
SECTION 5 SALARIES
9,9 Salary on Promotion.. . . . . . ... . . ....... . .. . . . . . . . . .. . . . . . . . . . . . .]1
5.10 Salary on Involuntary Dem�tion.. ... . .. .. . ... . . . . . .. . .. . .. . . . .11
5.11 Salary on Voluntary Demotion.. . .. .. . .. .. . . . ..... ... . .. . .. . . . .l]
5.12 Transfer.. . . . . . . . . . . . . . . . . . .. . ....... ... . . ... . ... . . . . .. .. . . . .]l
5.13 Pay for Work in Higher Classification.. . ... . .... . .. . . . .. .. .. .11
5.14 Payment.. . . . . .. . .. . . . . ... . ... . . . . .. .. ............ . . .. .. .. . .. .12
DAYS &
3ECTIONN] .. . . . . . . . .. . . . . . . . . . .... ..' .. ... .. . . .. . . .l3
SECTION 7 .. . . . .. .. . ... . . . .. ... ... . . .. . ...l3
7.1 Overtime.. . . .. . . . . . . . . . . .. . . . .. . . . .. ... . . .. .... . .. . . . . . .. . ....l3
7,2 Compensatory Time... . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . .. ... . . . ...13
7.3 Court Appearance Overtime.. . . . . . . .. .. . .. .. . . . .. ... . . .. . . .... .14
SECTION 8 CALL BACK TIME.. .. . .. . .. . . . . . . .. .... .. .. . . .. .. .. . . . . . . .. .. . . .15
SECTION 9 ON-CALL DUTY.. . . . . . . . . . . . . .. . ... . ... .. . .. .. . .. . . . . .. .. . .. . .. .15
SECTION l .. . . . . . . . . . . . . . . . . . ,. .. . . . .. . . . . . . . . . . .l5
lO] Incentive Program - Purposes. .. . . .. ... . . . . . . . . . .. .. . . . . . . . . . .l5
10.2 Incentive Program - Definitions.. .... . . . . . . . . . ... . . . . .... . . ..]5
10.3 Incentive Program - Intermediate Certificate.. . . . . . . . .. . .. . . .l5
10.4 Incentive Program - Advanced Certificate,.... . ... . . . .. .. . . . . .l6
10.5 Incentive Program - Pay Status.. . . .. . . . .. . .. .. . . . . . . .... . . . . .1O
10.6 Deletion on Continuing Education Requirement... . . . . ... . . . . . . .l8
SECTION 11 SEPARATION THROUGHL ... .. . .. .. . .. . .. . ... . . . . . . . ... . . . ...lG
]] ,1 Grounds for Layoff.. . . . . .. . . . .. . .. . .. . ... . .. . . . . . . .. . ... . . . .. .16
11 .2 Order Of Layoff.. . . . . . . . .. .. ... . .... . .. . . . .. .. . . . . . . . . .. . . .. . . |b
11 .3 Layoff by Displacement.. .. . . . . . . .. . .. .. . .. . . . . . . . . . ... . . . . ... .]6
A. In the Same Class .. . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . .. . .lG
B . ID the Same Level or Lower Class.. . . . . . . . . . . . . . . . . . .. . . .]6
11 .4 POrticUlOr Rules OO Displacing. .... . .. .. . . . .. . . . .. . . . .. .. . . ..1G
11 .5 Seniority.. . .. . . .. . . . . . . .. .... .. . . ... . ..... . . . . . . . . ... . ..... . . .l7
' 11 ,6 Eligibility for Layoff List.. . . . . . .. . . . .. . . ... . .. . . . . . .. .. . . .]7
11 .7 ' Order of Names on Layoff... . . . . . . . ... . . ... . . . .. . . . . . . .. . . . . . . .l7
11 ,8 Duration of Layoff & Reemployment Rights.. . . . . ... ... . . . . . . . . .l8
11 .9 Certification Of Persons From Layoff Lists.. .. . . .. . . . . . . . . .. .l8
11 .10 Removal of Names From Reemployment & Layoff Lists... . . . . .. . . .lO
]1 ,1] Association Notification... . .. . . . . ... . . ... . . .. . . .. .. . . .. . . ... .l8
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PAGE
SECTION 12 HOLIDAYS.... . .... .. .. . . . . .. . ........... . . .. . .. . ... .. .. . . . . ...19
12.1 Holidays Observed.. . . . . .. . . .. ..... ..... . . . .. . . . . . . ... ......19
12.2 Application of Holiday Credit.. .. ... .. . .... . . . . . . .. ... . ......19
12.3 Permanent Part-Time Employees.. . ... . .. . . ... . . . . . .. . . . ... .. . ..20
SECTION 13 VACATION LEAVE... . . . . . . .. . .. . .. ... .. .. . . .. . . . . .. . . . .. . . . . . .. .20
13.1 Vacation Allowance.. . . ....... . . .... . ... . . . . . ... .. . . ... . . . . .20
13.2 Vacation Accrual Rates.. . . . . . . . ... .. .... . . . . . . . .. . . . . . . . . . . . .20
13.3 Leave Without Pay.. . . . ... . . . . . . ... .... . .. . . .. . . . . . . . . . . . .21
13.4 Vacation Allowance for Separated Employees.. . . . . .. .. . . . .. .21
13.5 Permanent Part-Time & Permanent-Intermittent Accrual .. . . . . . ..21
SECTION 14 SICK LEAVE.. . . .. . .. . . . .... ... . ...... ..... .. .. . ..... .. .. . . . . . .21
14.1 Purpose... .... . . . . . .. . . . .. ... . . .. .... . . ... .. .. . ...... . .. .... .21
14.2 Accrual .. . . ... . �
. . .. . . . . . ... ...... . . . . . . . ......... .. .21
A. Temporary Illness or Injury.... . .. .. ... . . . .. .. ... . . . . . . .22
B. Permanent Disability.. .. ..... .. ... . . .. . ... . . . .o . . . . . . . . .22
C. Communicable Disease.. . . ... ... .... .. . ..... . . . . . .. .. . . .22
D. Pregnancy... . . . . . . .... .. ...... . .. . . . ... . . . . . . . . .. .22
E. Medical & Dental Appointments.... . . . . . . . . . ... . . . .. .. .. ..23
F. Emergency Care of Family.. . . ... ... ..... .. . . . . . . . . . . . .. . .23
G. Death of Family Member.. . . . .. ... . . . .... . .. . . . . . . . . .. . .23
H. Definition of Immediate Family... . .. . . . ... ... .. . . . . .. ...23
14.3 Administration of Sick Leave... .. .. ... . . . ... . . . ..... ... .. . ...23
14.4 Disability.. . . ... . . . . . . ... . .. . . . ... ...... . . . . . .. ..... ... .. . .24
14.5 Workers' Compensation.. . . . . . .... ... . . . .. . . ... . . ..... .26
14.6 Coordination with Rehabilitation Program..... . ... . . ..... . .. . .27
14.7 Leave Without Pay.. . . . .. . .. . . . . ... .... . . . .. ... .. .. .. . . .. . . . ..27
SECTION 15 LEAVE OF ABSENCE.. . ... . .. . . . . . . . . . ... . . . ... . .. . . ... ... . . .. . ..28
15.1 Leave Without Pay.. . . . .. . . ... .... .... . . . .. . . . ....... . . . . .. . .28
15.2 Military Leave.. . . . . . . . . . .. ... .. .. . . . . . . . .29
15.3 Leave of Absence Replacement.. .. . .. .. .... . . . .. .. . .... . .. .. .29
15.4 Salary Review While on Leave of Absence...... . .. .. . ..... . . . . .29
15.5 Unauthorized Absence.. . . . . . ... ... ...... . . . . .... .... . .... . . ... .29
SECTION 16 JURY DUTY AND WITNESS DUTY... . . . ... ....... . . . .. . ...... . . . . . . .30
16.1 Jury Duty... . . . . . . . .. . . . . .. . . ... ... . .. .. ... . . . .. .. . .... . . . . . .30
16.2 Witness Duty.. . .... . . . . . . .. . .. .. . . .. ..... . ... . ... . . .. ...... . .30
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PAGE
SECTION 17 HEALTH AND WELFARE, LIFE: AND DENTAL CARE... . . .. . .. . . . .. ... .. .30
17.1 County Programs .. . . . . . . . . . ... . . . . . .... . ... ... . .. . .. .... . ... . .30
17.2 Health Plan Options & Rates.. ... . . . ... .. .. . . . . ... . . .... . ... . .31
17.3 Increased Costs .. . . . . . . .. . . . . . .. . . . .... .. . ... . . . . . . ... .. . . .. .32
17.4 Medicare Rates.. . . . .. . . .. . .. . .. .. . .. . .. ... . . . . . . . . .. .. .. . ... .32
17.5 Partial Month.. . . . .. . . . . . .. . . . . . . ..... ..... . . . ... ... .. . . ...32
17.6 Coverage During Absences.. . . . . . . . . .... . . .. . .. . . . .. . .. .. . .. .. .32
17.7 Retirement Coverage.. . . .. . . . . . . . . .. . . . . ... .. . . . . . . . . .. .. . . ...33
17.8 Dual Coverage.. . . . . . . . . . . . .. . . . . ... .... .... .. . . . .. ..... . . . . ..33
SECTION 18 PROBATIONARY PERIOD.. . . . . . . .. .. . . .. . . .. . ... . . . . . . .. . . . . . .. . . .33
18.1 Duration.. . . . . . . . . . . . . . . . . .. . ... . . .33
. . . . . . . . . . . . . . . . .. . . . ....
18.2 Classes With Probation Periods Over Six Months.. .... . . ... . . . .33
18.3 Revised Probationary Period.. . . . . . . .. ... ... . . . .. .. . . . .. . . . . . .33
18.4 Criteria.. . . . . . ... . . . . ... . . . .. .... ... ... . . .. .. . . . . . . . .. . .33
18.5 Rejection During Probation... .. . . . . . . . . .. .. ... . . . . . . .... . . .34
A. Appeal From Rejection.. . .. . . .. . . . . . . . .... ..... . . . .. ... . .34
18.6 Regular Appointment.. . .. . . . .. . .. . . . . . .. . .... ... . . . .... . . . . .34
18.7 Layoff During Probation.. . . . . . . . . . ... .. . . . . . . . . . . . . .35
18.8 Rejection During Probation ofLayoffEmployee..... . . . . . . . . . ..35
SECTION 19 PROMOTION.. . . . . . . . . .. . . .. . . . . . . . ..... . . . ... ..... . . .. . . . . . . . ..35
19.1 Competitive Exam... . . . . . . . . . . .. . . . .. . . .. .. .. . . . .. . . . . . .. . . . . .35
19.2 Promotion Policy... . . . .. . .. . . . .. . .. . .. . .. .. ..... . . . . . ... ... . .35
19.3 Open Exam.. . . . . . . .. .. .. ... . .. . . . . . ... . .36
. . . . . . . . . .. . . . . .. .
19.4 Promotion Via Reclassification Without Examination.. . . . . . . . . .36
19.5 Requirements for Promotional Standing.. . . .... ... .... . .: . ... ..36
19.6 Seniority Credits . . .. . . . . . .. .. . . ... . .... . ... . . . . .. . . .36
19.7 Physical Examination Requirement.. . . .. . ... .... . .. . . . . . . .. . . ..36
SECTION 20 TRANSFER.. . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . ... .. .. . ... . . . . . . . .37
SECTION 21 RESIGNATIONS... . . . . . . . . . . .. .. . .. . ... . . . . . . .... ... . .. . . . . . . . . .37
21 .1 Resignation in Good Standing.. . . . .. .... .. ..... . .... . . . . . . . . . .37
21 .2 Constructive Resignation.. . . . . . . . . .. . . . ... ..... .. .. . .... . . . . .37
21 .3 Effective Resignation.. . ....... ....... .......................38
21 .4 Revocation.. . . . . . . . . . . . . . . .. . . . ....... . ..... .. .. . . .. . . . ..38
21 .5 Coerced Resignations.. . . .. .. . . . . . .. . . . . ..... .. ... . . . . . . . . . . . .38
A. Time limit... . . . . . . . . . . . . . . . .. . . . . . ... ... . . .. . ... . . . .. . .38
- B. Reinstatement.. . . . . .. . .. . . . ... . .. . . . . .... . . . .... . . . . . . . .38
C. Contest.. . .. . . . . . . . . . . . . . . . . . ... . . . ........ . . . .. .. . . . . . .38
D. Disposition.. . . . . . . .. . . . . . . . . . . . . . . . ... .... .. ..... . . .. . .38
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PAGE
SECTION 22 DISMISSAL, SUSPENSION AND DEMOTION... . . . . .. . . ............ . . . .38
22.1 Sufficient Cause for Action.. . . . ...... .. .. . ... .. ... .. ... . . . . .38
22.2 Skelly Requirements .. . .. . . . . . . .. ... .. . . . ... ... . . . .. ... ... . .39
22 .3 Leave Pending Employee Response... .. . . ... ....... .. ...... .... .40
22.4 Length of Suspension.. .. .. . . . . . . .. . . . . .... .40
. . . . .. . .... . . . . ..
22.5 Procedure on Dismissal , Suspension or Disciplinary Action.. . .40
SECTION 23 GRIEVANCE PROCEDURE... . . .. . . . . ....... . . .... . . . .... . . . . . .. .. .41
23.1 Definition and Procedural Steps.. . . .. .... . . . .. . . . ..:.. . . . . .. .41
23.2 Time Limits ... . . . . .. . . .. . . . . ... .. .. . .. .. .. . .. . ... . . . .. . . .. .42
23.3 Council Notification.. . . . . . . . .. . .. .. .... . . . ... ... .. . . . .. .. ...42
23.4 Compensation Complaints.. . . . . .. . ... .. . . . . . ... . . . . . . . . .. . .. ...42
23.5 No Strike.. . . ... . . . . . .. . ... .. . . . . .. .. .. . .. .... .. . . . . . . .. . ....42
23.7 Merit Board... . .. .... .. .. . .. .. . . . . .... .. . . . . . . . . .. . ....43
23.8 Filing by Association.. . .. .. . . . . . . .. . . ... . ... . .:. . . . . . . . .... .43
SECTION 24 RETIREMENT CONTRIBUTION.. .. .... . ... . ... ... . .. . . .. . . . . . . . ....43
SECTION 25 SAFETY.. . . . . . . . . . . . . . . .. . . . . . . . . . ... . . .. . . . . .. .. . . . . . . . . ... . .43
SECTION 26 MILEAGE.. .. . . . .. ... . . . . .... .. . . ... . . .. .. ... . . . .... . . . . . ......43
SECTION 27 PAY WARRANT ERRORS.. . . . . . . . . . .. .... .. .. .. .... . .... . . . . . ......44 -
F
SECTION 28 PROVISIONAL APPOINTMENT— . . . . . . .. . . . .. . ... . ..... ... . . . . . . ..44
i
j SECTION 29 PERSONNEL FILES.. . . . . . . . ..... . . .. . . . . . . .... .. . .. .. . . . . .. . . . . .45
i
' SECTION 30 SERVICE AWARDS.. . . . ... . . . . . . .. . . .. . . ... .. . ... . . . .. .. . . . . . .. . .46
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SECTION 31 REIMBURSEMENT FOR MEAL EXPENSES... .... .. . . ... .. . . .. .. . . . . . . . .46
{
SECTION 32 COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY.. . . . ....46
3 SECTION 33 UNFAIR LABOR PRACTICE.... . .... . . .. . . ... ..... .. . .. . ... .. .. .. .
.47
SECTION 34 LENGTH OF SERVICE DEFINITION.. . ... .. . .... . .... ... .. ... ... . . . .47
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SECTION 35 PERMANENT PART-TIME EMPLOYEE BENEFITS.. . . .. .. .. . .... .... . . . . .47
SECTION 36 PERMANENT-INTERMITTENT EMPLOYEE BENEFITS.... .. . .. . . ... .. .. . ..48
SECTION 37 PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN.... . .. . . . . . . . . . . .48
-SECTION 38 PROVISIONAL' EMPLOYEE BENEFITS.. ...... . . . ... . ... . . . . . . . . . .. . . .48
SECTION 39 PROFESSIONAL MEMBERSHIP STIPEND... .. . .. . . . . . . . . . . . . . . .. . . . . . .48
SECTION 40 SAFETY EQUIPMENT.. . .. . . ... . .. .. .. . ... . ...... . . . . . . . . . . .. . .. ..48
SECTION 41 FEASIBILITY OF USE OF SEMI-AUTOMATIC WEAPONS... . . . ..... . . .. ..49
SECTION 42 DEPENDENT CARE.. . . . . . .. . .. .. . .. . . ... . . .. .. . . .. . . . . . . . .. . . . . . .49
SECTION 43 REVISED COUNTY-WIDE SICK LEAVE POLICY.. . . ... . . .. . . . . . . ... .. . .49
SECTION 44 PHYSICAL FITNESS DIFFERE14TIAL... ... . . .... . .. . . . .. .. .. . .. . . ...49
SECTION 45 BILINGUAL PAY.. . . . . . . . .. . .. . . . . .. . ... . . . . .. . . ... . . .. . . . . . . . . .50
SECTION 46 SPECIAL STUDIES, ETC.. . ... .. . . . . . .oo. . . . .. . . . o.. . . .... . . .. —50
SECTION 47 ADOPTION.. . .. . .. . . . . . . . . . . . . . .. . .. . . .. .. ... . . ... . . . . . . . . . .. ..50
SECTION 48 SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS... . . . . .. o . . . o50
48.1 Scope of Agreement.. . . .. ... ... . .... . .. . . .. ... .. .. .. . . . . . ..50
48.2 Separability of Provisions... .50
48.3 Personnel Management Regulations.. . .. . . . .... .. .. . . . .... ....51
48.4 Duration of Agreement.. . . . . ... . . ..... . ... . .. . . .. . .. . . . .. . . . . .51
SECTION 49 PAST PRACTICES & EXISTING MEMORANDA OF UNDERSTANDING... . . . . . .51
ATTACHMENT A - PROJECT POSITIONS
EXHIBIT A - CLASS & SALARY LISTINGS
E
vi
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DISTRICT ATTORNEY INVESTIGATORS' 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 governing board of the County and appropriate fire
districts, as the joint recommendations of the undersigned for salary and
employee benefit adjustments for the period commencing July 1 , 1989 and ending
September 30, 1991 .
Special provisions and restrictions pertaining to Project employees covered by
this Memorandum of Understanding are contained in Attachment A which is attached
hereto and made a part hereof.
DEFINITIONS:
A. "Appointing Authority" means Department Head unless otherwise provided by
statute or ordinance.
B. "Association" means District Attorney Investigators' Association.
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.
� 1
F. "Demotion" means the change of a permanent employee to another position in
a class allocated to a salary range for which the top step is lower than
the top step of the class which the employee formerly occupied except as
provided for under "Transfer" or as otherwise provided for in this
Memorandum of Understanding, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
G. "Director of Personnel" means the person designated by the County
Administrator to serve as the Assistant County Admini stratorDi rector of
Personnel .
H. "Eligible" means any person whose name is on an employment or reemployment
or layoff list for a given class.
1. "Employee" means a person who is an incumbent of a position or who is on
leave of absence in accordance with provisions of this Memorandum of
Understanding and whose position is held pending his return.
J. "Employment List" means a list of persons, who have been found qualified
for employment in a specific class.
K. "Layoff List" means a list of persons who have occupied positions allocated
to a class in the Merit System and who have been involuntarily separated by
layoff or displacement or have voluntarily demoted in lieu of layoff.
L. "Permanent Intermittent Position" means any position which requires the
services of an incumbent for an indefinite period but on an intermittent
basis, as needed, paid on an hourly basis.
M. "Permanent Part-Time Position" means any position which will require the
services of an incumbent for an indefinite period but on a regularly sche-
duled less than full-time basis.
N. "Permanent Position" means any position which has required, or which will
require the services of an incumbent without interruption, for an indefi-
nite period.
0. "Project Employee" means an employee who is engaged in a time limited
program or service by reason of limited or restricted funding. Such posi-
tions are typically funded from outside sources but may be funded from
County revenues.
P. "Promotion" means the change of a permanent employee to another position in
a class allocated to a salary range for which the top step is higher than
the top step of the class which the employee formerly occupied, except as
provided for under "Transfer" or as otherwise provided for in this
Memorandum of Understanding, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Q. "Position" means the assigned duties and responsibilities calling for the
regular full-time, part-time or intermittent employment of a person.
2
R. "Reallocation" means the act of reassigning an individual position from one
class to another class at the same range of the salary schedule or to a
class which is allocated to another range that is within five (5) percent
of the top step, except as otherwise provided for in the Personnel
Management Regulations, deep class resolutions or other ordinances.
S. "Reclassification" means the act of changing the allocation of a position
by raising it to a higher class or reducing it to a lower class on the
basis of significant changes in the kind, difficulty or responsibility of
duties performed in such position.
T. "Reemployment List" means a list of persons, who have occupied positions
allocated to any class in the merit system and, who have voluntarily
separated and are qualified for consideration for reappointment under the
Personnel Management Regulations governing reemployment.
U. "Resignation" means the voluntary termination of permanent employment with
the County.
V. "Temporary Employment" means any employment which will require the services
of an incumbent for a limited period of time, paid on an hourly basis, not
in an allocated position or in permanent status.
W. "Transfer" means the change of an employee who has permanent status in a
position to another position in the same class in a different department,
or to another position in a class which is allocated to a range on the
salary plan that is within five (5) percent at top step as the class pre-
viously occupied by the employee.
SECTION 1 - RECOGNITION
1 .1 Association Recognition
The Association is the formally recognized employee organization for the
District Attorney Investigators' Unit and such organization has been certified
as such pursuant to Chapter 34-12 of Board of Supervisors Resolution 81/1165.
SECTION 2 - ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution 81/1165 only a
majority representative may have dues deduction and as such the Association has
the exclusive privilege of dues deduction for all members in its unit.
Dues deduction shall be based on the voluntary written authorization of the
employee which shall remain in effect so long as the employee remains in a unit
represented by the Association unless such authorization is cancelled in writing
by the employee in accordance with the provisions set forth in Section 2.4. The
dues deduction shall be for a specified amount and uniform between members of
the Association. The Association shall indemnify, defend, and hold the County
harmless against any claims made and against any suit .instituted against the
County on account, of dues deduction. The Association shall refund to the
County any amounts paid to it in error upon presentation of supporting evidence.
3
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2.2 Employees hired in classifications assigned to units represented by the
Association shall as a condition of employment at the time of employment
complete an Association dues authorization form provided by the Association and
shall have deducted from their paychecks the membership dues of the Association.
Said employees shall have thirty (30) days from the date of hire to decide if
he/she does not want to become a member of the Association. Such decision not
to become a member of the Association must be made in writing to the
Auditor-Controller with a copy to the Employee Relations Division within said
thirty (30) day period. If the employee decides not to become a member of the
Association any Association dues previously deducted from the employee's
paycheck shall be returned to the employee and said amount shall be deducted
from the next dues deduction check sent to the Association. If the employee
does not notify the County in writing of the decision not to become a member
within the thirty (30) day period, he/she shall be deemed to have voluntarily
agreed to pay the dues of the Association.
The dues authorization form referenced above shall include a statement that the
Association and the County have entered into a Memorandum of Understanding, that
the employee is required to authorize payroll deductions of Association dues as
a condition of employment, and that such authorization may be revoked within the
first 30 days of employment upon proper written notice by the employee within
said 30 day period as set forth above. Each such employee shall , upon written
completion of the authorization form, receive a copy of said authorization form
which shall be deemed proper notice of his or her right to revoke said authori-
zation.
2.3 Maintenance of Membership. All employees in the unit represented by the
Association who are currently paying dues to the Association and all employees
in such unit 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 classification 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 , 1991 and August 30, 1991 , any employee may
withdraw from Association membership and discontinue paying dues as of the
payroll period commencing 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.
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.
4
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:
A. to post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
D. to represent an employee on a grievance, and/or to contact an Association
officer on a matter within the scope of representation.
In the application of this provision, it is agreed and understood. that in each
such instance advance arrangements including disclosure of which of the above
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
normally used for meeting purposes for meetings of County employees during non-
work hours when:
A. Such space is available and its use by the Association is scheduled twenty-
four (24) hours in advance;
B. There is no additional cost to the County;
C. It does not interfere with normal County operations;
D. Employees in attendance are not on duty and are not scheduled for duty;
E. The meetings are on matters within the scope of representation.
The administrative official responsible for the space shall establish and 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
prohibited, 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
5
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. His determination is final unless within ten days
after notification a recognized employee organization requests in writing
to meet and confer thereon.
C. Meet and Confer and Other Steps. He shall meet and confer with such
requesting organizations and with other recognized employee organizations
where appropriate) to seek agreement on this matter within sixty days after
the ten-day period in Subsection (B), unless otherwise mutually agreed.
Thereafter, the procedures in cases of agreement and disagreement, 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.
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.
6
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:
A. If their attendance is required by the County at a specific meeting;
B. if their attendance is sought by a hearing body or presentation of testi-
mony or other reasons;
C. if their attendance is required for meeting(s) scheduled at reasonable
times agreeable to all parties required for settlement of grievances filed
pursuant to Section 23 (Grievance Procedure) of this Memorandum;
D. if they are designated as a 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;
E. if they are designated as spokesperson or representative of the Association
and as such make representations or presentations at meetings or hearings
on wages, salaries and working conditions; provided in each case advance
arrangements for time away from the employee's work station or assignment
are made with the appropriate department head 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 District
Attorney Investigators' Association shall be allowed time off on County time for
meetings during regular working hours when formally meeting and conferring in
good faith or consulting with the Employee Relations Officer or other management
representatives on 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 depart-
ment head or his designee.
SECTION 5 - SALARIES
5.1 General Wage Increases
A. Effective March 1 , 1990 each represented classification shall receive a
general wage increase of 58 levels on the County Salary Schedule (6%).
B. Effective October 1 , 1990 each represented classification shall receive
a general wage increase of 49 levels on the County Salary Schedule
(5%).
C. Lump Sum Payment
In lieu of retroactive pay requiring special payroll recomputation pro-
cessing back to July 1 , 1989, the County will make a "lump sum payment"
7
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to each employee for the period from July 1989 through December 1989
computed as follows : Employee regular pay, overtime pay and specific
other earnings ordinarily computed as a percentage of base pay will be
added together for each applicable pay period to determine the "Retro
Pay Base" (RPB). This base will then be multiplied by 4%. For the
months of January and February 1990, the base will be multiplied by 6%.
The combined sum of the above computations will be added to the
employee's April 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, if owed, as soon as
possible.
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 par-
ticular 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
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 date of a demoted employee is the first day of
the calendar month after the calendar month when the demotion was effec-
tive.
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 percent (5%) 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 strep 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.
8
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 unconditional 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
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.
9
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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. In a general salary Increase or decrease, an employee in a 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
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.
10
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 is five 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
the demoted employee shall be that step on the salary range which he/she would
have achieved had he/she been continuously in the position to which he/she _has
been demoted, all within-range increments having been granted.
5.11 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.
f
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
i assigned, the employee shall receive compensation for such work at the rate of
r
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pay established for the higher classification pursuant to Subsection 5.9 Salary
on Promotion of this Memorandum, commencing on the thirty-first 31st 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.
7. 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.
8. Any incentives (e.g. , the education incentive) and special differentials
(e.g., bilingual differential ) accruing to the employee in his/her per-
manent position shall continue, unless the employee is no longer performing
the duties which warrant the 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) clay 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.
' 12
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i
The election to receive an advance shall be made on the prescribed form (form
M-208, revised 5/81 ) and submitted by the 15th of the month to the department
payroll clerk who will forward the card. with the "Salary Advance
s Transmittal/Deviation Report", to the Auditor-Controller payroll section.
c
i
Each election shall become effective on the first day of the month following the
s deadline for filing the notice and shall remain effective until revoked.
i
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.
I SECTION 6 - DAYS AND HOURS OF WORK
The normal work week of County employees is forty (40) hours between 12:01 a.m.
Monday to 12:00 midnight Sunday, usually five (5) eight-hour days; however,
where operational requirements of a department require deviations from the usual
pattern of five eight-hour days per work week, an employee's work hours may be
scheduled to meet these requirements , 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
j to support all deviations, the schedules to encompass the complete operational
cycle contemplated.
M SECTION 7 - OVERTIME AND COMPENSATORY TIME
i 7.1 Overtime. Overtime is any authorized work performed in excess of forty
hours per week or eight hours per day. All overtime shall be compensated for at
the rate of one and one-half (1-1/2) times the employee's base rate of pay (not
including shift and other special differentials) . Overtime for permanent
employees is earned and credited in a minimum of one-half hour increments.
s
7.2 Compensatory Time. The following provisions shall apply:
? A. Employees may periodically elect to accrue compensatory time off in
lieu of overtime pay. Eligible employees must notify the department
head or his designee of their intention to accrue compensatory time off
or to receive overtime pay at least thirty (30) days in advance of the
change.
B. The names of those employees electing to accrue compensatory time off
shall be placed on a list maintained by the department. Employees who
' become eligible (i .e., employees promoting, demoting, etc.) for compen-
satory time off in accordance with these guidelines must elect to
accrue compensatory time or they will be paid for authorized overtime
i
hours worked.
j C. Compensatory time off shall be accrued at the rate of one and one-half
(1-1/2) times the actual authorized overtime hours worked by the
employee.
i
13
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D. Employees may not accrue a compensatory time off balance that exceeds
one hundred twenty (120) hours. Once the maximum balance has been
attained, authorized overtime hours will be paid at the overtime rate.
If the employee's balance falls below one hundred twenty hours (120)
hours, the employee shall again accrue compensatory time off for
authorized overtime hours worked until the employee's balance again
reaches one hundred twenty hours.
E. Accrued compensatory time off shall be carried over for use in the next
fiscal year; however, as provided in D above, accrued compensatory time
off balances may not exceed one hundred twenty (120) hours.
F. Employees may not use more than one hundred twenty (120) hours of com-
pensatory time off in any fiscal year period (July 1 - June 30).
G. The use of accrued compensatory time off shall be by mutual agreement
between the department head or his designee and the employee.
Compensatory time off shall not be taken when the employee would be
replaced by another employee who would be eligible to receive, for time
worked, either overtime payment or compensatory time accruals as pro-
vided for in this Section. This provision may be waived at the discre-
tion of the department head or his or her designee.
H. When an employee promotes, demotes or transfers from one classification
eligible for compensatory time off to another classification eligible
for compensatory time off within the same department, the employee's
accrued compensatory time off balance will be carried forward with the
employee.
I. Compensatory time accrual balances will be paid off when an employee
moves from one department 'to another through promotion, demotion or
transfer. Said payoff will be made in accordance with the provisions
and salary of the class from which the employee is promoting, demoting
or transferring as set forth in J below.
J. Since employees accrue compensatory time off at the rate of one and
one-half (1-1/2) hours for each hour of authorized overtime worked,
accrued compensatory time balances will be paid off at the straight
time rate (two-thirds 2/3 the overtime rate) for the employee's current
salary whenever:
1 . the employee 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. The County agrees to provide a minimum of three
(3) hours overtime credit when in the line of duty employees in the classes of
Welfare Fraud Investigator and District Attorney Senior Investigator are
required to attend a duly constituted judicial proceeding on his or her regu-
larly scheduled day off.
14
SECTION 8 - CALL BACK TIME
Any employee who is called back to duty shall be paid at the appropriate rate
for the actual time worked plus one (1) hour. Such employee called back shall
be paid a minimum of two (2) hours at the appropriate rate for each call back.
SECTION 9 - ON-CALL DUTY
On call duty is any time other than time when the employee is actually on duty
during which an employee is not required to be on County premises but stand
ready to immediately report for duty and must arrange so that his/her superior
can reach him/her on ten (10) minutes notice or less. An employee assigned to
on-call time shall receive eight (8) hours of straight time compensatory time
credit per week of assigned on-call duty. Where on-call arrangements exist, the
Department Head shall designate which employees are on-call unless otherwise
provided in this Agreement.
SECTION 10 - PEACE OFFICER TRAINING
10.1 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 minimum 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 minimum qualifications of the class.
10.2 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, Marshal 's Office, who has successfully
completed at least one probationary period and who occupies a per-
manent full-time .position, in pay status, as a peace officer in this
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. )
10.3 Incentive program - Intermediate Certificate. Every officer below the
class of: Lieutenant in the Sheriff's Department, District Attorney Lieutenant
.of Inspectors and Supervising Welfare Fraud Investigator in the District
Attorney's Office or Marshal I in the 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.
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15
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10.4 Incentive Program - Advanced Certificate. Every officer up to and
including the class of: Lieutenant in the Sheriff's Department, District
Attorney Lieutenant of Inspectors and Supervising Welfare Investigator in the
District Attorney's Office or Deputy Marshal II in the 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 advanced P.O.S.T. certificate. This is in
addition to the 21/2% allowance for the intermediate certificate.
10.5 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.
10.6 Deletion of Continuing Education Requirement. There shall be no con-
tinuing education requirement to be entitled to the 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 Memorandum of
Understanding.
SECTION 11 - SEPARATION THROUGH LAYOFF
11 .1 Grounds for Layoff. Any employee(s) having permanent status in position(s)
in the merit service may be laid off when the position is no longer necessary,
or for reasons of economy, lack of' work, lack of funds or for such other
reason(s) as the Board of Supervisors deems sufficient for abolishing the
position(s) .
11 .2 Order of Layoff. The order of layoff in a department shall be based on
inverse seniority in the class of positions, the employee in that department
with least seniority being laid off first and so on.
11 .3 Layoff By Displacement.
A. In the same class. A laid off permanent full-time employee may
displace an employee in the department having less seniority in the
same class who occupies a permanent intermittent or permanent part-
time position, the least senior employee being displaced first.
B. In the Same Level or Lower Class. A laid off or displaced employee
who had achieved permanent status in a class at the same or lower
salary level as determined by the salary schedule in effect at the
time of layoff may displace within the department and in the class an
employee having less seniority; the least senior employee being
displaced first, and so on with senior displaced employees displacing
junior employees.
11 .4 Particular Rules on Displacing.
A. Permanent intermittent and permanent part-time employees may displace
only employees holding permanent positions of the same type respec-
tively.
+ 16
B. A permanent full-time employee may displace any intermittent or part-
time employee with less seniority (1 ) in the same class as provided in
Section 11 .3 (a) , or (2) in a class of the same or lower salary level
as provided in Section 11 .2 (b) if no full-time employee in a class at
the same or lower salary level has less seniority than the displacing
employees.
C. Former permanent full-time employees who have voluntarily become 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 his designee retain their permanent full-time employee seniority
rights for layoff purposes only and may in a later layoff displace a
full-time employee with less seniority as provided in these rules.
11 .5 Seniority. An employee's seniority within a class for layoff and displace-
ment purposes shall be determined by adding the employee's length of service in
the particular class in question to the employee's length of service in other
classes at the same or higher salary levels as determined by the salary schedule
in effect at the time of layoff. Employees reallocated or transferred without
examination from one class to another class having a salary within five percent
of the former class shall carry the seniority accrued in the former class into
the new class . Service for layoff and displacement purposes includes only the
employee's last continuous permanent County employment. Periods of separation
may not be bridged to extend such service unless the separation is a result of
layoff in which case bridging will be authorized if the employee is reemployed
-in a permanent position within the employee's layoff eligibility. Approved
leaves of absence as provided for in these rules and regulations shall not
constitute a period of separation. In the event of ties in seniority rights in
the particular class in question, such ties shall be broken by length of last
continuous permanent County employment. If there, remain ties in seniority
rights, such ties shall be broken by counting total time in the department in
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 has transferred in lieu
of layoff or displacement, the person's name shall be placed on the layoff list
for the class of positions from which that person has been removed.
11 .7 Order of Names on Layoff. First, layoff lists shall contain the names of
persons laid off or displaced or when demoted as a result of a layoff or displa-
cement, or who have voluntarily demoted in lieu of layoff or displacement or who
have transferred in lieu of layoff or displacement.
Names shall be listed in order of layoff seniority in the class 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
f 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
z among the employees involved.
' 17
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11 .8 Duration of Layoff and Reemployment Rights. The name of any person laid
off or granted reemployment privileges after application shall continue on the
appropriate, list for a period of two (2) years. Persons placed on layoff lists
shall be continued on the list for an additional two years if application for
extension of eligibility is made before the expiration of the original period of
eligibility.
11 .9 Certification of Persons From Layoff Lists. Layoff lists contain the
name(s) of person(s) 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
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:
A. For any cause stipulated in Section 404.1 of the Personnel Management
Regulations.
B. On evidence that the eligible cannot be located by postal authorities.
C. On� receipt of a statement from the appointing authority or eligible that the
eligible declines certification or indicates no further desire for appoint-
ment in the class.
D. If three offers of permanent appointment to the class for which the eligible
list was established have been declined by the eligible.
E. If five certifications for permanent appointment from an open employment
list, including certification to two different departments if the class has
permanent positions in more than one department, have failed to result in
selection and appointment.
F. If the eligible fails to respond to the Director of Personnel or the
appointing authority within five (5) days to written notice of certification
mailed to the person's last known address. Notice shall be sent to the per-
son 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 District Attorney Investigators' Association, the Employee Relations Officer
18
shall notify the Association of the possibility of such layoffs and shall meet
and confer with it regarding the implementation of the action.
SECTION - 12 HOLIDAYS
12.1 The County will observe the following holidays:
A. January lst, known as New Years Day
Third Monday in January known as Dr. Martin Luther King Jr. Day
Third Monday in February, known as Presidents Day
The last Monday in May, known as Memorial Day
July 4th known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veteran's Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by resolution designate as
holidays.
B. Each full-time employee shall accrue two (2) hours of personal holiday
credit per month. Such personal holiday time may be taken in incre-
ments of one-half (1/2) hour, and preference of personal holidays
shall be given to employees according to their seniority in their
department as reasonably as possible.
C. Permanent part-time employees shall receive personal holiday credit in
i the same ratio to the personal 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 sche-
dule.
D. Employees shall accrue their personal holiday credit during months
they are in pay status provided however that no employee may accrue
more than forty (40) hours of personal holiday credit beginning
€ January 1 , 1988. On separation from County service, an employee shall
be paid for any unused personal holiday credits at the employee's then
s
current pay rate.
5
E. Employees in positions which work around the clock shall continue to
i
celebrate Admission Day, Columbus Day and Lincoln's Day.
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 credit for any holiday, whether worked or not, observed by
jemployees on the regular schedule; conversely, such employees will not
a
9
19
1
receive credit for any holiday not observed by employees on the regu-
lar schedule even though they work the holiday.
C. 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 regular
work schedule and those on other work schedules.
If a -holiday falls on the days off of an employee on a schedule other than
Monday through Friday, the employee shall be given credit for overtime or
granted time off on the employee's next scheduled work day.. Employees who are
not permitted to take holidays because of the nature of their work are entitled
to overtime pay as specified by this Memorandum of Understanding.
If any holiday listed in section 12.1 .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.
12.3 Per manent 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.
SECTION 13 - VACATION LEAVE
13.1 Vacation Allowance. Employees in permanent positions are entitled to
vacation with pay. Accrual is based upon straight time hours of working time
per calendar month of service and begins on the date of appointment to a per-
manent position. Increased accruals begin on the first of the month following
the month in which the employee qualifies. Accrual for portions of a month
shall be in minimum amounts of one (1 ) hour calculated on the same basis as for
partial month compensation pursuant to Section 5.6 of this Memorandum of
. Understanding. Vacation credits may 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.
Effective April 1 , 1990 all employees in the bargaining unit are entitled to the
following vacation accruals:
20
Monthly Maximum
Accrual Cumulative
Length of Service Hour Hours
Under 11 years 10 240
11 years 10 2/3 256
12 years 11 1/3 272
13 years 12 288
14 years 12 2/3 304
15 through 19 years 13 1/3 320
20 through 24 years 16 2/3 .400
25 through 29 years 20 480
30 years and up 23 1/3 560
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 credit during 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 in 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 portion of a month
are entitled to a pro rata share of the monthly sick leave credit computed on
the same basis as is partial month compensation.
Credits to and charges against sick leave are made in minimum amounts of one-
half (1/2) hour. Unused sick leave credits accumulate from year to year. When
an employee is separated, other than through retirement, accumulated sick leave
credits shall be cancelled, unless the separation results from layoff in which
case the accumulated credits shall be restored if the employee is reemployed in
a permanent position within the period of his layoff eligibility.
Upon retirement, .an employee's accumulated sick leave shall be converted to
retirement time on the basis of one day of retirement service credit for each
day of accumulated sick leave credit.
Accumulated paid sick leave credits may be used, subject to appointing authority
approval , by an employee in pay status, but only in the following instances:
21
A. An employee may use paid sick leave credits when the employee is off work
because of a temporary illness or injury.
B. Sick leave may be used by permanently disabled employees until all accruals
of the employee have been exhausted or until the employee is retired by the
Retirement Board subject to the conditions listed below. For the purposes
of this Section 14 permanent disability shall mean the employee suffers from
a disabling physical injury or illness and is thereby prevented from
engaging in any County occupation for which he or she is qualified by reason
of education , training or experience. Sick leave credits may be used under
this provision only when the following requirements are met:
1 . An application for retirement. due to disability has been filed with the
Retirement Board and
2. Satisfactory medical evidence of such disability is received by the
appointing authority within thirty (30) days of the start of use of sick
leave for permanent disability. The appointing authority may review
medical evidence and order -Further examination as he 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 com-
municable disease.
D. Sick Leave Utilization for Pregnancy Disability. Every female employee
shall be entitled to at least four months leave of absence on account of
pregnancy disability and to use available sick leave or vacation pay
entitlements during such leave.
1 . Application for such leave must be made by the employee to the
appointing authority accompanied by a written statement of disability
from the employee's attending physician. .The statement must address
itself to the employee's general physical condition having considered
the nature of the work performed by the employee, and it must indicate
the date of the commencement of the disability as well as the date the
physician anticipates the disability to terminate. The appointing
authority retains the right to medical review of all requests for such
leave.
2. If a female employee does not apply for sick leave and the appointing
authority believes that the employee is not able to properly perform her
work or that her general health is impaired due to disability caused or
contributed to by pregnancy, miscarriage, abortion, childbirth or reco-
very 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
duration of the disability.
3 22
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 uti-
lized after the employee has been released from the hospital unless the
employee has provided the County with a written statement •from her
attending physician stating that her disability continues and the pro-
jected date of the employee's recovery from such disability.
E. Medical and Dental Appointments. An employee may use paid sick leave cre-
dits for medical and dental appointments as follows:
1 . For working time used in keeping medical and dental appointments for the
employee's own care; and
2. For working time (not over forty (40) hours in each fiscal year) used by
an employee for pre-scheduled medical and dental appointments for an
immediate family member living in the employee's home and for children
and parents who may reside outside of the employee's home. Such use of
sick leave credits shall be accounted for by the department on a fiscal
year basis . Any balance of the forty (40) hours remaining at the end of
the fiscal year shall not be carried over to the next year; departments
shall notify the employee if the maximum allowance is reached.
Authorization to use sick leave for this purpose is contingent on
availability of accumulated sick leave credits; it is not an additional
allotment of sick leave which employees may charge.
F. Emergency Care of Family. 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
a 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 .
i
$ 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.
g
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
r injury caused by his or her willful misconduct.
2. Vacation. For an employee's illness or injury while the employee is on
i�
vacation except when extenuating circumstances exist and the appointing
authority approves.
' 23
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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:
A. 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.
B. Employees are responsible for keeping their department informed of their
continuing condition and probable date of return to work.
C. Employees are responsible for obtaining advance approval from their
appointing authority or designee for the schedule time of prearranged per-
sonal or family medical and dental appointments .
The use of sick leave may be denied if' these procedures are not followed. Abuse
of sick leave on the part of the employee is cause for disciplinary action. To
ascertain the propriety of claims against sick leave, the department head may
make such investigations as he deems necessary including medical verification of
illness .
14.4 Disability.
A. An employee physically or mentally incapacitated for the performance
of duty is subject to dismissal , suspension or demotion, subject to
the County Employees Retirement Law of 1937. An appointing authority
after giving notice may place an employee on leave if the appointing
authority has filed an application for disability retirement for the
employee, or whom the appointing authority believes to be temporarily
or permanently physically or mentally incapacitated for the perfor-
mance of the employee's duties.
B. An appointing authority who has reasonable cause to believe that there
are physical or mental health conditions present in an employee which
endanger the health or safety of the employee, other employees, or the
public, or which impair the employee's performance of duty, may order
the employee to undergo at County expense and on the 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.
24
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.
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
i 25
employee's right to appeal to the Merit Board in favor of appeal to a
Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board or the Disability
Review Arbitrator, the employee has the burden of proof to show that
either:
1 . the physical or mental health condition cited by the appointing
authority does not ,exist, or
2. the physical or mental health condition does exist, but it is not
sufficient to prevent, preclude, or impair the employee's perfor-
mance of duty, or is not sufficient to endanger the health or
safety of the employee, other employees, or the public.
K. If the appeal is to the Merit Board, the order and appeal shall be
transmitted by the Director of Personnel to the Merit Board for
hearing under the Merit Board 's Procedures, Section 1114-1128 inclu-
sive. Medical reports submitted in evidence in such hearings shall
remain confidential information and shall not be a part of the public
record.
L. If the appeal is to a Disability Review Arbitrator, the employee (and
his representative) will meet with the County's representative to
mutually select the Disability Review Arbitrator, who may be a defacto
arbitrator, or a physician, or a rehabilitation specialist, or some
other recognized specialist mutually selected by the parties. The
arbitrator shall hear and review the evidence. The decision of the
Disability Review Arbitrator shall be binding on both the County and
the employee.
Scope of the Arbitrator's Review.
a. The arbitrator may affirm, modify or revoke the leave of absence
or suspension.
b. The arbitrator may make his decision based only on evidence sub-
mitted by the County and the employee.
c. The arbitrator may order back pay or paid sick leave credits for
any period of leave of absence or suspension if the leave or
suspension is found not to be . sustainable, subject to the
employee's duty to mitigate damages.
d. The arbitrator's fees and expenses shall be paid one-half by the
County and one-half by the employee or employee's association.
.14.5 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 County
Retirement System continue to receive full salary benefits in lieu of
' 26
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.
F. Integration Formula. An employee's sick leave and/or vacation charges
shall be calculated as follows :
C = 8 jl - NIS)]
Where C = Sick leave or vacation charge per day (in hours)
W = Statutory workers' compensation for a month
S = Monthly salary
14.6 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.
14.7 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.
+ 27
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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 us 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 14.7). Parental leave
must be requested at least 30 days prior to the scheduled leave commencement
date unless an exigency arises.
Requests for leave without pay shall be made upon forms prescribed by the
Director of Personnel and shall state specifically the reason. for the request,
the date when it is desired to begin the leave and the probable date of return.
Leave without pay may be granted for any of the following reasons:
1 . Illness or disability;
2. pregnancy;
3. parental ;
4. to take a course of study such as will increase his/her usefulness on
return to his/her position;
5. for other reasons or circumstances acceptable to the appointing
authority.
A leave without pay may be for a period not to exceed one (1 ) year, provided the
appointing authority may extend such leave for additional periods. Procedure in
granting extensions shall be the same as that in granting the original leave,
provided that the request for extension must be made not later than thirty (30)
calendar days before the expiration of the original leave.
Whenever an employee who has been granted a leave without 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
28
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 of 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
purposes of determining eligibility for salary adjustments or seniority in case
of layoff or promotional examination, time on military leave shall be considered
as time in County service.
Any employee who has been granted a military leave, may upon return, be required
to furnish such evidence of performance of military service or of honorable
discharge as the Director of Personnel may deem necessary.
15.3 Leave of Absence Replacement. Any permanent employee in the merit system
who requests reinstatement to the classification held by the employee in the
same department at the time the employee was granted a leave of absence, shall
be reinstated to a position in that classification and department and then only
on the basis of seniority.
In case of 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.
i
i
29
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.
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,
and the lst Choice Health Plan to all permanent employees regularly scheduled to
work twenty (20) or more hours per week.
30
17.2 Health Plan Options & Rates. Effective April 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 $102.78 4.04
Delta 124.63 118.76 5.87
Safeguard 117.46 113.42 4.04
Family (No Medicare)
No Dental 246.65 219.82 26.83
Delta 286.94 238.80 48.14
Safeguard ' 268.67 236.14 32.53
i
CONTRA COSTA HEALTH PLAN OPTION
I
` Category Total Cost County Share Employee Share
I
Employee Only (No Medicare)
No Dental $103.45 $103.44 $ .01
Delta 121 .16 121 .25 .01
a Safeguard 114.09 114.08 .01
z
e Family (No Medicare)
No Dental 257.45 257.44 .01
a Delta 297.74 297.73 .01
Safeguard 279.47 279.46 .01
IST CHOICE HEALTH PLAN OPTION
-Category Total Cost County Share Employee Share
Employee Only (No Medicare)
w No Dental $185.09 $178.30 $ 6.79
Delta 202 .90 187.24 15.66
Safeguard 195.73 185.77 9.96
q Family (No Medicare)
1 No Dental $431 .41 $388.17 43.24
Delta 471 .70 401 .70 70.00
Safeguard 453.43 397.13 56.30
F
,k
y
+ 31
DENTAL PLANS ONLY
Category Total Cost County Share Employee Share
Employee Only
Delta $ 19.04 19.03 $ .01
Safeguard 11 .87 11 .86 .01
Family (No Medicare)
Delta 41 .52 41 .51 .01
Safeguard 23.25 23.24 .01
The employee will pay a minimum of one cent ($.Ol ) for any Health Plan or Dental
Care Coverage
17.3 Increased Costs . All rates shown above include life insurance coverage.
The rates listed above are effective April 1 , 1989 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 lst Choice Health Plan.
Any increase in the Health Plan costs greater than the County contributions
identified above occuring during the duration of this Memorandum of
Understanding shall be borne by the employee.
17.4 Medicare Rates. Corresponding Medicare rates for employees covered under
this Memorandum of Understanding shall be as follows: for Employee Only on
Medicare by taking the Employee Only rate for the option selected and subtracting
the monthly Part B Medicare premium withheld from Social Security payments for
one enrollee; for Employee and Dependent(s) with one member on Medicare by taking
the Employee and Dependent(s) rate for the option selected and subtracting the
monthly Part B Medicare premium withheld from Social Security payments for one
enrollee; for Employee and Dependent(s) with two members on Medicare by taking
the Employee and Dependent(s) rate for the option selected and subtacting the
monthly Part B Medicare premium withheld from Social Security payments for two
enrollees.
17.5 Partial Month. The County's contribution to the Health Plan premium is
payable for any month in which the employee is paid. If an employee is not paid
enough compensation in a month to pay the employee share of the premium, the
employee must make up the difference by remitting the amount delinquent to the
Auditor-Controller. The responsibility for this payment rests with the employee.
If payment is not made, the employee shall be dropped from the health plan. An
employee is thus covered by the health plan for the month in which compensation
is paid.
17.6 Coverage During Absences. An employee on approved leave of absence shall
E 32
be allowed to continue his/her health plan coverage at the County group rate for
twelve (12) months provided that the employee shall pay the entire premium for
the Health Plan during said leave.
An employee on leave in excess of twelve (12) months may continue health plan
coverage by converting to an individual health plan option (if available) or con-
tinuing 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 time and place specified by the County. Late
payment may result in cancellation of health plan coverage with no reinstatement
allowed.
An employee who terminates County employment may convert to individual health
plan coverage, if available, or may continue County group health plan coverage to
the extent provided under COBRA by making premium payments to the County at a
time and place specified by the County.
17.7 Retirement Coverage. Upon retirement, employees may remain in the same
County group medical plan if immediately before their retirement they are either
active subscribers to one of the County Health Plans or if on authorized leave of
absence without pay they have retained individual conversion membership from the
County plan.
17.8 Dual Coverage. If a husband and wife both work for the County and one of
them is laid off, the remaining eligible shall be allowed to enroll or transfer
into the health coverage combination of his/her choice.
An eligible employee who is no longer covered for medical or dental coverage
through a spouse's coverage shall be allowed to enroll or transfer into the
health coverage combination of his/her choice within thirty (30) days of the
date coverage is no longer afforded under the spouse's plan.
SECTION 18 - PROBATIONARY PERIOD
18.1 Duration. All appointments from officially promulgated employment lists
for original entrance or promotion shall be subject to a probationary period.
This period shall be from six (6) months to two (2) years duration.
18.2 Listed below are those classes represented by the Association which have
probation periods in excess of six (6) months:
Welfare Fraud Investigator - One (1 ) year
District Attorney Sr. Inspector - One (1 ) year
18.3 When the probationary period for a class is changed, only new appointees
to positions in the classification shall be subject to the revised probationary
period.
18.4 The probationary period shall 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.
+ 33
i
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For those employees appointed to permanent-intermittent positions with a six (6)
months probation period, probation will be considered completed upon serving
one-thousand (1 ,000) hours after appointment except that in no instance will
this period be less than six (6) calendar months from the beginning of proba-
tion. If a permanent-intermittent probationary employee is reassigned to full-
time, credit toward probation completion in the full-time position shall be
prorated on the basis of one hundred seventy-three (173) hours per month.
18.5 Rejection During Probation. An employee who is rejected during the proba-
tion period and restored to the eligible list shall begin a new probationary
period if subsequently certified and appointed.
A. Appeal from rejection. Notwithstanding any other provisions of this
section, an employee (probationer) shall have the right to appeal from
any rejection during the probationary period based on political or
religious 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 theemployee and set
forth the grounds and facts by which it is claimed that grounds for
appeal exist under subsection (A) and must be filed through the
Director of Personnel to the Merit Board by 5:00 p.m. on the 7th
calendar day after the date of delivery to the employee of notice of
rejection.
C. The Merit Board shall consider the appeal , and if it finds probable
cause to believe that the rejection may have been based on grounds
prohibited in subsection (A) , it may refer the matter to a Hearing
Officer for hearing, recommended findings of fact, conclusions of law
and decision, pursuant to the relevant provisions of the Merit Board
rules in which proceedings the rejected probationer has the burden of
proof.
D. If the Merit Board finds no probable cause for a hearing, it shall
deny the appeal . If, after hearing, the Merit Board upholds the
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.
18.6 Regular Appointment. The regular appointment of a probationary employee
shall begin on the day following the end of the probationary period, subject to
the condition that the Director of Personnel receive from the appointing
authority a statement in writing that the services of the employee during the
probationary period were satisfactory and that the employee is 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.
F
3 _
34
Notwithstanding any other provisions of the Memorandum of Understanding, an
employee rejected during the probation period from a position in the Merit
System to which the employee had been promoted or transferred from an eligible
list, shall be restored to a position in the department from which the employee
was promoted or transferred.
An employee dismissed for other than disciplinary reasons within six (6) months
after being promoted or transferred from a position in the Merit System to a
position not included in the Merit System shall be restored to a position in the
classification in the department from which the employee was promoted or
transferred.
A probationary employee who has been rejected or has resigned during probation
shall not be restored to the eligible list from which the employee was certified
unless the employee receives the affirmative recommendation from the appointing
authority and is certified by the Personnel Director whose decision is final .
The Director of Personnel shall not certify the name of a person restored to the
eligible list to the same appointing authority by whom the person was rejected
from the same eligible list, unless such certification is requested in writing
by the appointing authority.
18.7 Layoff During Probation. An employee who is laid off during probation, if
reemployed in the same class by the same department, shall be required to
complete only the balance of the required probation.
If reemployed in another department or in another classification, the employee
shall serve a full probationary period. An employee appointed to a permanent
position from a layoff or reemployment list is subject to a probation period if
the position is in a department other than the department from which the
employee separated, displaced, or voluntarily demoted in lieu of layoff. An
appointment from a layoff or reemployment list is not subject to a probation
period if the position is in the department from which the employee separated,
displaced or voluntarily demoted in lieu of layoff.
18.8 Rejection During Probation of 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.
SECTION 19 - PROMOTION
19.1 Promotion shall be by competitive examination unless otherwise provided in
this Memorandum of Understanding.
19.2 Promotion Policy. The Director of Personnel , upon request of an
appointing authority, shall determine whether an examination is to be called on
a promotional basis .
35
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19.3 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
Personnel shall give five (5) days prior notice of such proposed announcement
and shall meet at the request of the ,Association to discuss the reasons for such
open announcement.
19.4 Promotion via Reclassification without Examination. Notwithstanding other
provisions of this Section, an employee may be promoted from one classification
to a higher classification and his position reclassified at the request of the
appointing authority and under the following conditions:
A. An evaluation of the position(s) in question must show that the duties and
responsibilities have significantly increased and constitute a higher
level of work.
B. The incumbent of the position must have performed at the higher level for
one (1 ) year.
C. The incumbent must meet the minimum education and experience requirements
for the higher class.
D. The action must have approval of the Personnel Director.
E. The Association approves such action.
The appropriate rules regarding probationary status and salary on promotion are
applicable.
19.5 Requirements for Promotional Standing. In order to qualify for an 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.
19.6 Seniority Credits. Employees who have qualified to take promotional exa-
minations and who have earned a total score, not including seniority credits, of
seventy 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.
19.7 County employees who are required as part of the promotional examination
process to Jake a physical examination shall do so on County time at County
E expense.
f 36
SECTION 20 - TRANSFER
20.1 The following conditions are required in order to qualify for transfer:
A. The position shall be in the same class, or if in a different class shall
have been determined by the Director of Personnel to be appropriate for
transfer on the basis of minimum qualifications and qualifying procedure;
B. the employee shall have permanent status in the merit system and shall be
in good standing;
C. the appointing authority or authorities involved in the transaction shall
have indicated their agreement in writing;
D. the employee concerned shall have indicated agreement to the change in
writing;
E. the Director of Personnel shall have approved the change.
Notwithstanding the foregoing, transfer may also be accomplished through the
regular appointment procedure provided that the individual desiring transfer has
eligibility on a list for a class for which appointment is being considered.
20.2 Any employee or appointing authority who desires to initiate a transfer
may inform the Director of Personnel in writing of such desire stating the
reasons 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 21 - RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written
resignations shall be forwarded to the Personnel Department by the appointing
authority immediately on receipt, and shall indicate the effective date of 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.
21 .1 Resi nation in Good Standing. A resignation giving the appointing
authority written notice at least two (2) weeks in advance of the last date of
service (unless the appointing authority requires a longer period of notice, or
consents to the employee's terminating on shorter notice) is a resignation in
good standing.
21 .2 Constructive Resignation. A constructive resignation occurs and is effec-
tive when:
A. An employee has been absent. from duty for five (5) consecutive working
days without leave, and;
37
II
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.
21 .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.
21.4 Revocation. - A resignation that is effective is revocable only by written
concurrance of the employee and the appointing authority.
21 .5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes has been
coerced by the appointing authority may be revoked within seven (7)
calendar days after its expression, by serving written notice on the
Director of Personnel and a copy on the appointing authority.
B. Reinstatement. If the appointing authority acknowledges that the
employee could have believed that the resignation was coerced, it
shall be revoked and the employee returned to duty effective on the
day following the appointing authority's acknowledgement without loss
of seniority or pay.
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 22 - DISMISSAL, SUSPENSION, DEMOTION & REDUCTION WITHIN CLASS
22.1 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 the Office of the District
Attorney into disrepute,
38
4. disorderly or immoral conduct,
5. incompetence or inefficiency,
6. insubordination,
7. being at work under the influence of liquor or drugs, carrying onto the
premises liquor or drugs or consuming or using liquor or drugs during work
hours and/or on County premises,
8. neglect of duty, (i.e. non-performance of assigned responsibilities),
9. negligent or willful damage to public property or waste of public supplies
or equipment,
10. violation of any lawful or reasonable regulation or order given by a 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,
f _
15. dishonesty or theft,
1
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.
22.2 Skelly Requirements - Notice of Proposed Action (Skelly Notice). Before
taking a disciplinary action to dismiss, suspend, for more than five (5) work
days (four (4) work days for employees on "4-10" work week) , 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:
f A. A statement of the action proposed to be taken.
r .
B. A copy of the charges; including the acts or ommissions and grounds upon
which the action is based.
4
39
x
Y
Z
b
C. If it is claimed that the employee has violated a rule or regulation of the
County, department or district, a copy of said rule shall be included with
the notice.
D. A statement that the employee may review and request copies of materials
upon which the proposed action is based.
E. A statement that the employee has seven (7) calendar days to respond to the
appointing authority either orally or in writing.
Employee Response. The employee upon whom a Notice of Proposed Action has been
served shall have seven (7) calendar days to respond to the appointing authority
either orally or in writing before the proposed action may be taken. Upon
request of the employee and for good cause, the appointing authority may extend
in writing the period to respond. If the employee's response is not filed
within seven (7) days or during any extension, the right to respond is lost.
22.3 Leave Pending Employee Response.. Pending response to a Notice of Proposed
Action within the first seven 7 days or extension thereof, the appointing
authority for cause specified in writing may place the employee on temporary
leave of absence, with pay.
22.4 Suspensions without pay shall -not exceed thirty (30) days unless ordered
by an arbitrator, an adjustment board or the Merit Board. The thirty (30) day
limit does not apply to suspension due to pending criminal charges as provided
in 22.5 below.
22.5 Procedure on Dismissal , Suspension, Reduction Within Class,
or Disciplinary Demotion.
A. In any disciplinary action 'to dismiss, suspend, reduce within class or
demote an employee having permanent status in a position in the merit
system after having complied with the Skelly requirements where appli-
cable, the appointing authority shall make an order in writing stating
specifically the causes for the action.
B. Service of Order. Said order of dismissal , suspension, or reduction
within class 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, reduced within class or demoted,
either personally or by certified mail to the employee's last known
mailing address . The order shall be effective either upon personal
service or deposit in the U.S. Postal Service.
C. Employee Appeals from Order,. The employee may appeal an order of
dismissal , suspension, demotion or reduction within class either to
the Merit Board or through the procedures of Section 23 -
Grievance Procedure of this Memorandum of Understanding provided that
such appeal is filed in writing with the Personnel Director within ten
(10) calendar days after service of said order. An employee may not
both appeal to the Merit Board and file a grievance under Section 23
of this Memorandum of Understanding.
' 40
SECTION 23 - GRIEVANCE PROCEDURE
23.1 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 Understand-ing, 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 or 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.
41
II
E Step 5. If an Adjustment Board is unable to arrive at- a majority decision
either the employee (or the County, when alleging a violation of Section
23.5) may require that the grievance be referred to an impartial arbitrator
who shall be designated by mutual agreement between the. employee and the
Personnel Director. Such request shall be submitted within twenty (20) work
days of the rendering of the Adjustment Board decision. Within 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.
23.2 The time limits specified above may be waived by mutual agreement of the
parties to the grievance. If the County fails to meet the time limits specified
in steps 1 through 3 above, the grievance will automatically move to the next
step. If an employee fails to meet the time limits specified in steps 1 through
4 above, the grievance will be deemed to have been settled and withdrawn.
23.3 An official , with whom a formal grievance is filed by a grievant who is
included in a unit represented by the Association, but is not represented by the
Association in the grievance, shall give the Association a copy of the formal
presentation.
23.4 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
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.
23.5 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-
tor 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.
42
23.6 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
token if action on the complaint or grievance has been taken by the
Merit Board, or if the complaint or grievance is pending before the
Merit Board.
23.7 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.
SECTION 24 - RETIREMENT CONTRIBUTION
Pursuant to Government Code Section 3158 1.1 , the County will continue to pay
fifty percent (50%) of the retirement contributions normally required of
employees. , Such payments shall continue for the duration of this Memorandum of
Understanding, and shall terminate thereafter. Employees shall be responsible
for payment of the employees' contribution for the retirement cost of living
program as determined by the Board of Retirement of the Contra Costa County
Employees' Retirement Association without the County paying any part of the
employees' share. The County will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
SECTION 25 - SAFETY
The County shall expend every effort to see to it that the work performed under
the terms and conditions of this Memorandum of Understanding is performed with a
maximum degree of safety consistent with the requirement to conduct efficient
operations .
SECTION 26 - MILEAGE
Effective April 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
r 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
} 43
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.
In addition, the Payroll Division of the Office of the District Atorney shall
compute the difference in money owed from November 1, 1989 through March 30,
1990 based on the above rates, and pay a lump sum to each eligible employee as
soon as mileage records can be processed through the Office of the
Auditor-Controller.
SECTION 27 - 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 July 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 disco-
very 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.
SECTION 28 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for personnel to fill a posi-
tion in a class for which no reemployment or employment list is available, or in
a class for which no eligible or insufficient eligibles to complete the cer-
tification will accept appointment to the position, the Director of Personnel
may authorize the appointing authority to appoint any person who possesses the
minimum qualifications for the class as set forth in the class specifications,
provided that the names of eligibles available and the names of persons who have
indicated 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
applicants is in process , the Director of Personnel may authorize a con-
44
tinuation 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 29 - 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
personnel record. The employee shall be responsible for providing the written
responses to be included as part of the employee's official personnel file.
This section does not apply to the records of an employee relating to the
investigation of a possible criminal offense, medical records and information or
letters of reference.
All documents pertaining to disciplinary actions shall be placed in 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, reduction within class
or demotion of the employee. Copies of letters of commendation which are to be
placed in the employee's personnel file will be given to the employee.
Employees have the right to review their official personnel files which are
maintained_ in the Personnel Department or by their department. In a case
involving a grievance or disciplinary action, the employee's designated repre-
sentative may, also review his or her personnel file with specific written
authorization from the employee.
45
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SECTION 30 - 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 31 - REIMBURSEMENT FOR MEAL 'EXPENSES
Employees shall be reimbursed for meal expenses under the following circumstan-
ces 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.
Procedures and definitions relative to reimbursement for meal expenses shall be
in accordance with the Administrative Bulletin on Expense Reimbursement.
SECTION 32 - COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY
The loss or damage to personal property of employees is subject to reimbursement
under the following conditions:
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-
sable.
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.
46
i
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.
8. The amount of reimbursement shall be limited to the actual cost to repair
damages. Reimbursement for items damaged beyond repair shall be limited to
the actual value of the item at the time of loss or damage but not more than
the original cost.
9. The burden of proof of loss rests with the employee.
10. Claims for reimbursement must be processed in accordance with the
Administrative Bulletin on Compensation for Loss or Damage to Personal
Property.
SECTION 33 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair labor practice as
defined in Chapter 34-22 of the Board of Supervisors Resolution 81/1165 against
the other. Allegations of an unfair labor practice, if not resolved in
discussions between the parties, may be heard by a mutually agreed upon impar-
tial third party.
SECTION 34 - 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 35 - 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.
}
47
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SECTION 36 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
Permanent-intermittent .employees are eligible for prorated vacation and sick
leave benefits .
SECTION 37 - PERMANENT-INTERMITTENT EMPLOYEES HEALTH PLAN
Effective July 1, 1985 a permanent-intermittent employee represented by the
District Attorney Investigators' 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.
SECTION 38 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees of the County immediately
prior to their provisional appointment, are eligible for vacation and sick leave
benefits .
Effective July 1 , 1985, said provisional employees may participate in the
County Group Health Plan of medical , dental and life insurance coverage wholly
at the employee's expense. The County will not contribute to the employee's
monthly premium. The employee will be responsible for paying the monthly pre-
mium appropriately and punctually. Failure to meet the premium deadline will
mean automatic and immediate withdrawal from the County Group Health Plan and
reinstatement may only be effectuated during the annual open enrollment period.
SECTION 39 - PROFESSIONAL MEMBERSHIP STIPEND
Effective April 1 , 1990 the County agrees to reimburse employees in the District
Attorney Investigators' Unit twenty-five dollars ($25.00) per year per employee
towards annual membership dues in one of the following professional organiza-
tions: California Association of Polygraph Examiners; California Check
Investigators' Association; California District Attorney Investigators'
Association; California Homicide Investigators' Association; California Peace
Officers' Association; California Welfare Fraud Investigators.' Association; or
Peace Officers' Research Association of California.
Reimbursement in the amount prescribed above will be processed upon presentation
of a verified receipt to the Auditor-Controller's Office showing payment of
annual membership dues for one of the professional organizations listed above.
SECTION 40 - SAFETY EQUIPMENT
A. The County agrees to continue to provide newly hired Inspectors with all
required safety equipment. Said equipment shall remain the property of the
County;
B. Safety equipment owned by the County deemed unserviceable by the District
attorney or his authorized representative shall be turned over to the County
' 48
and a replacement shall be furnished by the District Attorney or his
authorized representative;
C. The provisions of this replacement program do not apply to safety equipment
damaged or otherwise rendered unserviceable as a result of employee negli-
gence, subject to the provisions of Section 3802 of the California Labor
Code;
D. The District Attorney or his designated representative retains the right to
render final decisions on the serviceablility of safety equipment.
E. As soon, as practicable, the District Attorney's Office will provide Senior
District Attorney Investigators an appropriate "turn out" jacket.
SECTION 41 - FEASIBILITY OF USE OF SEMI-AUTOMATIC WEAPONS
The County agrees to study the feasibility of the use of semi-automatic weapons
for employees covered by this Memorandum of Understanding. The criteria and
principles developed by the County and the Deputy Sheriffs' Association in the
study they are currently conducting will be utilized.
SECTION 42 - DEPENDENT CARE
A. Dependent Care Information & Referral Service - On or about March 1 , 1988
the County will administer an Information & Referral Service" through the
Contra Costa Child Care Council for the duration of this Memorandum of
Understanding.
B. Dependent Care Salary Contribution - Effective the first pay period in
August 1988, subject to the applicable provisions of the Internal Revenue
Service, employees may contribute up to $5,000 each calendar year from their
salaries for approved dependent care; only eligible employees may contribute
for such expenses; there is no County contribution for dependent care.
Reimbursements are made on a monthly basis subject to submission of,itemized
statements, adequate accumulation of the salary contribution, proof of
payment, and applicable County administrative procedures.
SECTION 43 - REVISED COUNTY-WIDE SICK LEAVE POLICY
The County agrees to meet and confer with the Association along with the other
employee organizations in the coalition regarding implementation of a revised
County-wide Sick Leave Policy. Such meet and confer sessions shall take place
during the term of this memorandum of understanding.
SECTION 44 PHYSICAL FITNESS DIFFERENTIAL
Effective April 1 , 1990 an eligible employee in the District Attorney
Investigators' Unit with four (4) years of County Peace Officer experience and a
total of fifteen (15) years of P.O.S.T. experience, -and who have attained the
age of thirty-five, will receive a five percent (5%) physical fitness program
differential, provided the employee continues to meet annual physical fitness
' 49
standards as are later established between the County and the District Attorney
Investigators' Association.
SECTION 45 - BILINGUAL PAY
Effective April 1, 1990 a salary differential of fifty dollars ($50.00) per
month shall be paid incumbents of positions requiring bilingual proficiency as
designated by the appointing authority and Director of Personnel . Said dif-
ferential 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 Association shall be notified when such designations are
made.
SECTION 46 - SPECIAL STUDIES, ETC.
A. During the term of this M.O.U. , 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 District Attorney Investigators' Association prior
to any implementation.
B. 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.
C. When the 1st Choice Health Plan Trust Fund reserve balance reaches $535,000
and the trendline is favorable, the County will reopen negotiations to con-
sider the feasibility of adding a 'Vision Care Program.
If a reopener does occur, it will not be sooner than six calendar months
following adoption of memoranda of understanding by the Board of
Supervisors.
SECTION 47 - 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 48 - SCOPE OF AGREEMENT & SEPARABILITY OF PROVISION
48.1 Scope of Agreement. Except as otherwise specifically provided herein,
this Memorandum of Understanding fully and completely incorporates the
understanding of the parties hereto and constitutes the sole and entire
agreement between the parties in any and all matters subject to meet and confer.
48.2 Separability of Provisions. Should any section, clause or provision of
this Memorandum of Understanding be declared illegal , unlawful or unenforce-
50
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.
48.3 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.
48.4 Duration of Agreement. This Agreement shall continue in full force and
effect from July 1, 1989 to and including September 30, 1991 . Said agreement
shall automatically renew from year to year thereafter unless either party gives
written notice to the other prior to sixty (60) days from the aforesaid ter-
mination date of its intention to amend, modify or terminate the agreement.
SECTION 49 - 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 October 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 procedure. Those practices which have been agreed to by Management
and not approved by the Department Head must be confirmed and approved by the
Department Head within six (6) months from the below execution date of this
Memorandum of Understanding in order to be considered a past practice pursuant
to this provision.
DATE: —
DISTRI T ATTORNEY INVESTIGATOR'S ASSOCIATION CONTRA OSTA COUNTY
By By l 4Z ,
B
By Y
51
ATTACHMENT A
PROJECT POSITIONS
The District Attorney Investigators' Association and the County have met and
conferred in good faith regarding wages, hours and other terms and conditions of
employment for employees in project classes which, except for the project
designation, would be represented by the District Attorney Investigators'
Association. For example, District Attorney Senior Inspector is represented by
the Association, therefore, it has been agreed that District Attorney Senior
Inspector-Project will also be represented by the District Attorney
Investigators' Association.
Other project classes that are not readily identifiable as properly included in
bargaining units represented by the District Attorney Investigators' Association
shall be assigned to bargaining units in accordance with the provisions of
Section 34-12.015 of Board Resolution 81/1165 as set forth in Section 2.8 of
this Memorandum of Understanding.
The 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 District
Attorney Investigators' Association in the following respects:
1 . Project employees are not covered by the Merit System.
2. Project employees may be separated from service at any time without regard
to the provisions of this Memorandum of Understanding, without notice and
without right of appeal or hearing or recourse to the grievance procedure as
it applies to suspensions, demotions or discharge.
3. Any provision of this Memorandun of Understanding which pertains to layoff
or seniority are not applicable to project employees.
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EXHIBIT A
WAGES EFFECTIVE MARCH 1 , 1990
CLASS TITLE CLASS LEVEL SALARY RANGE
D. A. INVESTIGATOR AIDE 6K7A C5-1255 $1593 - 1937
D. A. SENIOR INSPECTOR 6KVA C5-1918 $3091 - 3757
SR. WELFARE FRAUD INV. 6KVB C5-1918 $3091 - 3757
WELFARE FRAUD INVESTIGATOR 6KWB C5-1772 $2672 - 3247
t