HomeMy WebLinkAboutMINUTES - 03112008 - C.56 TO: BOARD OF SUPERVISORS .s �.
ONTRA
FROM: Lori Gentles, Director of Human Resources. COSTA
SATE: March 11, 2008 `C:R; COUNTY
SUBJECT: Adopt the Memorandum of Understanding with DDAA and Contra Costa County
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt Resolution 2008/132 approving the Memorandum of Understanding between the Contra Costa County
Deputy District Attorneys' Association (DDAA) and Contra Costa County, implementing negotiated wage
agreements and other economic terms and conditions of employment beginning March 17, 2007 through
September 30, 2008, as recommended by the Director of Human Resources.
FINANCIAL IMPACT:
Financial impact will be absorbed in the department's budget during tfie term of this contract.
BACKGROUND:
After 10 months of negotiations the County and Union reached tentative agreement. The Deputy District
Attorneys' Association (DDAA) ratified the Memorandum of Understanding on February 19, 2008.
CONSEQUENCE OF NEGATIVE ACTION:
The County will be operating without a contract. r
CONTINUED ON ATTACHMENT: X YES SIGNATURE.
vI �
ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_�AIPPROVE OTHER
SIGNATURE(Sga4- 1_
ACTION OF B�DON M aM� ��, �O .l' APPROVED AS RECOMMENDED OTHER
Vote of Supervisors
X UnaniIrious I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
Absent II 1 COPY OF AN ACTION TAKEN AND ENTERED ON THE
MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Orig. Dept: Lori Gentles, 5-1766 ATTESTED /V l (��1�� ! /1 a�V 0
cc: Human Resources Department 'JOHN B. CULLEN,CLER`fC OF THE BOARD OF
County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
Auditor-Controller
DDAA BY O DEPUTY
M382(10/88)
Addendum to C. 54, C.55, C.561
March 11, 2008
C.54 On this day the Board considered ADOPTING Resolution No. 2008/131
approving the Memorandum of Understanding between United Chief Officers
Association and Contra Costa County Fire Protection District, implementing
negotiated wage agreements and other economic terms and conditions of
employment for the period July 1, 2006 through September 30, 2010, as
recommended by the Human Resources Director;
C.55 ADOPTING Resolution No. 2008/97 approving the Memorandum of
Understanding between East Contra Costa Fire Protection District (ECCPFD) and
IAFF, Local 1230 implementing negotiated wage agreements and other economic
terms and conditions of employment for the period August 1, 2007 through
November 30, 2008, as recommended by the Human Resources Director; and
C.56 ADOPTING Resolution No. 2008/132 approving the Memorandum of
Understanding with the Contra Costa County Deputy District Attorney's
Association (DDAA) implementing negotiated wage agreements and other
economic terms and conditions of employment for the period March 17, 2007
through September 30, 2008, as recommended by the Human Resources Director.
Chair Glover asked the public for their comments and the following person spoke;
• Chris Hunt, Contra Costa Taxpayers Association, informed the Board she
objects to the MOUS getting on the Consent Calendar. She noted the
public should know the financial analysis and full compensation benefits.
Supervisor Gioia suggested County Administrator prepare a summary for Consent Nos.
54, 55, and 56, for future so that provisions of the contract are easily understood.
Supervisor Piepho noted a timeline reference would be important for all interested
parties. She requested these be brought back to a future date on Short Discussion.
By an unanimous vote, with Supervisor Uilkema absent, the Board took the following
action:
• APPROVED Consent Nos. C.54, 55, and 56 C.54, 55, and 56; and REQUESTED all
MOUS be listed as short discussion items on an upcoming agenda in order to provide the
public with a timeline and overview of the MOUS.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 11, 2008 by the following vote:
Vote of Supervisors -
X Unanimous
Absent II
I
SUBJECT: Adopt the Memorandum of ) RESOLUTION NO. 2008/132
Understanding with the Contra Costa )
County Deputy.District Attorneys' )
Association (DDAA) and Contra Costa
County
BE IT RESOLVED that the Contra Costa County Board of Supervisors, in its capacity as
governing Board of the County of Contra Costa, and all districts of which it is ex-officio
governing Board, ADOPT Resolution 2008/132 approving the Memorandum of Understanding
between the Contra Costa.County Deputy District Attorneys' Association (DDAA) and Contra
Costa County, implementing negotiated wage agreements and other economic terms and
conditions of employment beginning March 17, 2007 through September 30, 2008, as
recommended by the Director of Human Resources.
I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON THE
MINUTES OF THE BOARD OF SUPERVISORS ON THE.DATE
SHOWN.
Orig. Dept: Human Resources Department // V
cc: County Administrator ATTESTED % a
County Counsel JOHN B.CULLEN,CLERK OF THE BOARD OF
Auditor-Controller SUPERVISORS AND C UNTY ADMINISTRATOR
DDAA r
BY DEPUTY
RESOLUTION NO. 2008/132
MEMORANDUM OF UNDERSTANDING
By and aamaan
CONTRA COSTA COUNTY
And
DEPUTY DISTRICT ATTORNEY
ASSOCIATION
2007-2008
CONTRA COSTA COUNTY
DEPUTY DISTRICT ATTORNEYS' ASSOCIATION
TABLE OF CONTENTS
SECTION 1 ASSOCIATION RECOGNITION......................
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction ........................:...........................................................2
2.2 Maintenance of Membership.................................................................2
2.3 Withdrawal of Membership....................................................................2
2.4 Communicating with Employees...........................................................2
2.5 Use of County Buildings........................................................................2
SECTION 3 NO DISCRIMINATION..........................................................................3
SECTION 4 ASSOCIATION REPRESENTATIVES
4.1 Attendance at Meetings ........................................................................3
SECTION5 SALARIES............................................................................................4
SECTION 6 LAYOFFS .............................................................................................5
SECTION 7 JURY DUTY AND WITNESS DUTY
7.1 Jury Duty................................................................................................5
7.2 Witness Duty.........................................................................................6
SECTION 8 GRIEVANCE PROCEDURE
8.1 Definition and Procedural Steps............................................................6
8.2 Compensation Claims........................................................................:..8
8.3 Strike or Work Stoppage...:.......................:...........................................8
SECTION 9 WORK WEEK AND HOLIDAYS
9.1 Holidays Observed................................................................................8
9.2 Definitions.............................................................................................8
9.3 Holidays Falling on Saturday/Sunday ...................................................9
9.4 Holidays — Part-Time Employees..........................................................9
9.5 Personal Holiday Credit ........................................................................9
SECTION 10 VACATION LEAVE
10.1 Vacation Accrual Rates.........................................................................9
SECTION 11 SICK LEAVE
11.1 Sick Leave ............................................................................................9
11.2 Part-Time Employees..........................................................................10
i
SECTION 12 LEAVE OF ABSENCE
12.1 Leave Without Pay..............................................................................10
12.2 General Administration........................................................................10
12.3 Family Care Leave or Medical Leave..................................................10
12.4 Certification.........................................................................................11
12.5 Intermittent Use of Leave....................................................................11
12.6 Aggregate Use for Spouse..................................................................11
12.7 Definitions ...........................................................................................11
SECTION 13 HEALTH AND WELFARE, LIFE AND DENTAL CARE
13.1 Health Plan Coverages ........................................................................12
13.2 County Health and Dental Plan Contribution Rates ............................13
13.3 Life Insurance Benefit Under Health and Dental Plans.......................13
13.4 Supplemental Life Insurance...............................................................13
13.5 Health Plan Coverages and Provisions...............................................14
13.6 Retirement Coverage..........................................................................14
13.7 Dual Coverage.....................................................................................15
13.8 Family Member Eligibility Criteria........................................................15
13.9 Health Care Spending Account...........................................................16
13.10 Dependent Care Assistance Program.................................................16
SECTION 14 CATASTROPHIC LEAVE BANK
14.1 Program Design ..................................................................................17
SECTION 15 TRAVEL REIMBURSEMENT.............................................................18
SECTION 16 RETIREMENT CONTRIBUTION
16.1 Contribution.........................................................................................19
16.2 414H2 Participation.............................................................................19
SECTION 17 PROFESSIONAL EXPENSES
17.1 Professional Development Reimbursement........................................19
SECTION 18 BILINGUAL PAY DIFFERENTIAL .....................................................20
SECTION 19 WORKERS' COMPENSATION ..........................................................20
SECTION 20 LONGEVITY PAY...............................................................................22
SECTION 21 DEFERRED COMPENSATION INCENTIVE......................................22
SECTION 22 PERSONAL LEAVE ............................................................................22
SECTION 23 VACATION BUY-BACK.....................................................................23
SECTION 24 SICK LEAVE INCENTIVE ..................................................................23
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SECTION 25 VIDEO DISPLAY TERMINAL (VDT) USERS EYE EXAMINATIONS.24
SECTION 26 LONG-TERM DISABILITY INSURANCE ...........................................24
SECTION 27 ATTORNEY FIXED-TERM CLASSES.......................:........................24
SECTION 28 ADOPTION .........................................................................................25
SECTION 29 SCOPE OF AGREEMENT AND SEVERABILITY OF PROVISIONS
29.1 Scope of Agreement ...........................................................................25
29.2 Severability of Provisions....................................................................25
29.3 Personnel Management Regulations..................................................26
29.4 Duration of Agreement........................................................................26
ATTACHMENTS
Side Letter referencing Longevity Pay
Memoranda from the Office of the District Attorney regarding Criteria for Performance
Pay Steps
iii
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA-COSTA COUNTY
AND
CONTRA COSTA COUNTY DEPUTY DISTRICT ATTORNEYS' ASSOCIATION
This Memorandum of Understanding (MOU) is entered into pursuant to the authority
contained in Division 34 of Board of Supervisors' Resolution No. 81/1165 and has been
jointly prepared by the parties.
The Labor Relations Manager (County Administrator) is the representative of Contra
Costa County in employer-employee relations matters as provided in Board of
Supervisors' Resolution No. 81/1165.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees in units in which the 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 MOU 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 March 17, 2007 and ending September 30, 2008.
DDAA MOU 2007-2008
SECTION 1 - ASSOCIATION RECOGNITION
The Association is the formally recognized employee organization for the representation
units.listed below, and such organization has been certified as such pursuant to Board
of Supervisors'
2KTF Deputy District Attorney— Basic Level
2KTG Deputy District Attorney—Advanced
2KWD Deputy District Attorney— Fixed Term
SECTION 2 -ASSOCIATION SECURITY
2.1 Dues Deduction. Pursuant to Board of Supervisors' Resolution No. 81/1165,
only a majority representative may have dues deduction and as such the Association
has the exclusive privilege of dues deduction or agency fee deduction for all employees
in its units.
2.2 Maintenance of Membership. All employees in units represented by the
Association who are currently paying dues to the Association and all employees in such
units who hereafter become members of the Association shall as a condition of
continued employment pay dues to the Association for the duration of this MOU and
each year thereafter so long as the Association continues to represent the position to
which the employee is assigned, unless the employee has exercised the option to
cease paying dues in accordance with Section 2.3.
2.3 Withdrawal of Membership. By notifying the Auditor-Controller's'Department in
writing, between August 1 and August 31, any employee may withdraw from
Association membership. and discontinue paying dues as of the payroll period
commencing September 1. Upon close of the above referenced 30 day period, the
Auditor-Controller shall submit to the Association the list of the employees who have
rescinded their authorization for dues deduction.
2.4 Communicatinq With Emplovees. Representatives of the Association, not on
County time, shall be permitted to place employee literature at designated locations in
County buildings if arranged through the Department Head or designated
representative.
2.5 Use of Countv Buildinqs. The Association shall be allowed the use of areas
normally used for meeting purposes for Association meetings during non-work hours
when:
A. Such space is available.
B. There is no additional cost to the County.
C. It does not interfere with normal County operations.
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DDAA MOU 2007-2008
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of age, sex, race, creed, color, national origin,
religion, disability, sexual orientation or Association activities against any employee or
applicant for employment by the County or by anyone employed by the County.
SECTION 4— ASSOCIATION REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as Association
Representatives or 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, including
meetings of the Board of Supervisors.
B. If their attendance is sought by a hearing body or presentation of testimony or
other reasons.
C. If they are designated as an Association 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.
D. 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, and the County agency calling the
meeting is responsible for determining that the attendance of the particular
employee(s) is required, including meetings of the Board of Supervisors and
Retirement Board where items which are within the scope of representation and
involving the Association are to be discussed.
E. Association Representatives and Association officials shall advise, as far in
advance as possible, their immediate supervisor, or his/her designee, of their
intent to engage.in Association business. All arrangements for release time shall
include the location, the estimated time needed and the general nature of the
Association business involved.
F. Official representative of the 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 Labor Relations Manager or other
management representatives on matters within the scope of representation,
provided advance arrangement for the time away from the work assignment or
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DDAA MOU 2007-2008
station are made with the appropriate Department Head. No more than four (4)
Association Representatives will be released at any one time during work hours
for this purpose.
SECTION 5 -SALARIES
Effective 7/1/06 2.5% increase
Effective 7/2/07 2.5% increase (in addition to the 2% already received)
Effective 1/1/08 2.6% increase
Effective 7/1/08 2.0% increase
In lieu of a retroactive pay calculation, the County will make a lump sum payment to
each eligible employee, not including those who have retired or terminated, without
back interest, as follows:
A. The period of 7/1/06 through and including 6/30/07 is computed as follows: The
employee's regular pay and hourly-based earnings, including overtime pay and
other earnings computed as. a percentage of base pay, will be added together for
each applicable pay period to determine an appropriate pay base. This pay base
then will be multiplied by 2.5%.
B. The period of 7/2/07 through and including 12/31/07 is computed as follows: The
employee's regular pay and hourly-based earnings, including overtime pay and
other earnings computed as a percentage of base pay, will be added together for
each applicable pay period to determine an appropriate pay base. This pay base
then will be multiplied by 2.5% compounded.
C. The period of 1/1/08 through and including 3/31/08 is computed as follows: The
employee's regular pay and hourly-based earnings, including overtime pay and
other earnings computed as a percentage of base pay, will be added together for
each applicable pay period to determine an appropriate pay'base. This pay base
then will be multiplied by 2.6% compounded.
D. The products of these calculations will be added together and that sum will be
added to the employee's May 10, 2008 paycheck where it will be listed
separately as "Lump Sum Pay." The "lump sum pay" amount will then be
included in the calculation of the employee's required deductions such as taxes
and retirement.
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DDAA MOU 2007-2008
SECTION 6 - LAYOFFS
Layoffs, if necessary, will be made pursuant to the Contra Costa County Personnel
Management Regulations, Part 12 LAYOFF.
SECTION 7 - JURY DUTY AND WITNESS DUTY
7.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time
an employee is obligated to report to the court.
A. When called for.jury duty, County employees, like other citizens, are expected to
discharge their jury duty responsibilities.
B. Employees shall advise their department as soon as possible if scheduled to
appear for jury duty.
C. If summoned for jury duty in a Municipal, Superior, or Federal Court, or a
Coroners jury, employees may remain in their regular County pay status, or they
may take paid leave (vacation, floating holiday, etc.) or leave without pay and
retain all fees and expenses paid to them.
D. When an employee is summoned for jury duty selection or is selected as a juror
in a Municipal, Superior or Federal Court, employees may remain in a regular
pay status if they waive all fees (other than mileage), regardless of shift
assignment and the following shall apply:
1. If an employee elects to remain in a regular pay status and waive or surrender all
fees (other than mileage), the employee shall obtain from the Clerk or Jury
Commissioner a certificate indicating the days attended and noting that fees
other than mileage are waived or surrendered. The employee shall furnish the
certificate to his department where it will be retained as a department record. No
"Absence/Overtime Record" is required,
2. 'An employee who elects to retain all fees must take leave (vacation, floating
holiday, etc.) or leave without pay. No court certificate is required but an
"Absence/Overtime Record" must be submitted to the department payroll clerk.
E. Employees are not permitted to engage in any employment regardless of shift
assignment or occupation before or after daily jury service that would affect their
ability to properly serve as jurors.
F. An employee on short notice standby to report to court, whose job duties make
short notice response impossible or impractical, shall be given alternate work
assignments for those days to enable them to respond to the court on short
notice.
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DDAA MOU 2007-2008
G. When an employee is required to serve .on jury duty, the County will adjust that
employee's work schedule to coincide with a Monday to Friday schedule for the
remainder of their service, unless the employee requests otherwise.
H. Permanent-intermittent employees are entitled to paid jury duty leave only for
those days on which they were previously scheduled to work.
7.2 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. 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 8 - GRIEVANCE PROCEDURE
8.1 Definition and Procedural Steps. A grievance is any dispute which involves
.the interpretation or application of any provision of this MOU excluding, however, those
provisions of this MOU 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. An employee may choose to appeal disciplinary action
through either the Merit Board or the grievance procedure. Grievances regarding
promotions or claims of discrimination are not subject to.the grievance procedure. The
Association may represent the grievant at any stage of the process.
Grievances must be filed within thirty (30) calendar days of the incident or occurrence
about which the grievant claims to have a grievance and shall be processed in the
following manner:
Step 1. The Association and any employee or group of employees who believes that a
provision of this MOU has been misinterpreted or misapplied to his or her detriment
shall discuss the complaint with the grievant's immediate supervisor, who shall meet
with the grievant within five (5) work days of receipt of a written request to hold such
meeting.
If a grievance is not satisfactorily resolved in Step 1 above, the grievant may submit the
grievance in writing and request that a Board of Adjustment be convened, to such
. 6
DDAA MOU 2007-2008
management official as the Department Head may designate. This request shall be filed
no more than (10) ten days after the completion of Step 1. This formal written grievance
shall state which provision of the MOU has been misinterpreted or misapplied, how
misapplication or misinterpretation has affected the grievant to the grievant's detriment,
and the redress he or she seeks. A copy of each written communication on a grievance
shall be filed with the Director of Human Resources. The Department Head or his or her
designee shall have ten (10) work days in which to respond to the grievance in writing.
.Step 2. BOARD OF ADJUSTMENT: Pursuant to a formal written request, as defined
above, a Board of Adjustment shall be created to be composed of two (2)
representatives of each party to this Agreement, for the purpose of passing on all
claims, disputes and grievances arising between the parties during the term of this
M.W. Said Board shall meet for consideration of any such matter referred to it within
seven (7) calendar days after receipt of said written request. For cases other than
those which are disciplinary in nature; the convening of the Adjustment Board may be
waived. The request of either party to extend the time limit for the convening of the
Board of Adjustment due to extenuating circumstances will not be unreasonably denied.
If the matter is not adjusted and is impassed, the moving party shall communicate in
writing to the other party within twenty (20) business days following the meeting of the
Board of Adjustment their desire to proceed to arbitration. Failure of the moving party to
comply with the twenty (20) business day time limit herein specified shall be deemed to
be a conclusive waiver of the grievance.
Step 3. ARBITRATION: For disciplinary cases only (suspensions and terminations)
the following expedited procedure shall be utilized:
A. A designated arbitrator will be selected and assigned for the term of this
agreement. The arbitrator selected will provide the parties with hearing dates
within thirty (30) days of the request.
B. The parties shall be allotted a minimum of twenty (20) days from date of request
to prepare the case for arbitration. Discharge cases will be heard first on the
agenda followed by suspension cases based on date of occurrence unless
mutually agreed otherwise.
C. Each case will be argued orally unless either party requests to file post-hearing
briefs. At the conclusion of the hearing, the arbitrator shall issue a decision
within three (3) business days from the close of the hearing. A written opinion
and award will be furnished within thirty (30) days thereafter.
D. INTERPRETATION OR APPLICATION DISPUTES: For contract interpretation
disputes which proceed to arbitration, the parties will mutually select an impartial
arbitrator. If the parties are unable to agree upon the selection of an arbitrator,
they shall request a panel of arbitrators from the FMCS and they shall select an
arbitrator by utilizing the strike-off method.
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DDAA MOU 2007-2008
E. Each party shall in good faith divulge to the other party all,available material facts
at the time said party acquires knowledge thereof concerning the matter in
dispute. Nothing contained herein shall require either party to supply documents
which are irrelevant.
F. All jointly-incurred arbitration expenses shall be borne by the losing party. In the
event of a dispute concerning the application of this Section, the Arbitrator shall
be empowered to determine the allocation of expenses.
In termination cases, it is agreed that if a grievant is reinstated to employment
with full back pay, the County shall pay the jointly-incurred costs of the
arbitration. If a grievant is not reinstated, the Union shall pay the jointly-incurred
costs of the arbitration. If a grievant is reinstated with partial or no back pay, the
parties shall split the jointly-incurred costs of the'arbitration.
8.2 Compensation Claims. The Employer is not required to pay any wage claim or
portion thereof retroactively for a period of more than six (6) months immediately
prior to the date of the Employer's receipt, of written notice from the Union, of
such claim.
8.3 Strike at Work Stoppacie. During the term of this MOU, 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, sick-out,
or refusal to perform customary duties.
8.4 The arbitrator shall not have the right to alter, amend, delete or add to any of the
terms of this Agreement.
SECTION 9 —WORK WEEK AND HOLIDAYS
9.1 Holidays Observed. The County will observe the following holidays:
New Year's Day Labor Day
Martin Luther King Jr. Day .Veterans' Day
Presidents' Day Thanksgiving Day
Memorial Day Day after Thanksgiving Day
Independence Day Christmas
Such other days as the Board of Supervisors may, by Resolution, designate as
holidays.
9.2 Definitions.
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DDAA MOU 2007-2008
Regular Work Schedule: . The regular work schedule is eight (8) hours per day, Monday
through Friday, inclusive, for a total of forty (40) hours per week.
Flexible Work Schedule: A flexible work schedule is when the employee is regularly
scheduled to work other than eight (8) hours per day between Monday and Friday,
inclusive. The 9/80 schedule and the 4/10 schedule are two examples of flexible work
schedules.
9.3 Holidays Fallina on Saturdav/Sunday. Employees on regular, flexible, and
alternate work schedules are entitled to observe a holiday (day off work), without a
reduction in pay, whenever a holiday is observed by the County. Any holiday observed
by the County that falls on a Saturday is observed on the preceding Friday and any
holiday that falls on a Sunday is observed on the following Monday.
9.4 Holidays on Reaular Dav Off of Emplovees on Flexible and Alternate Work
Schedules. When a holiday is observed by the County on the regularly scheduled day
off of an employee who is on a flexible or alternate work schedule, the employee is
entitled to take the day off, without a reduction in pay, in recognition of the holiday. The
employee is also entitled to receive flexible compensatory time at the rate of 1.0 times
his/her base rate of pay in recognition of his/her regularly scheduled day off.
9.5 Holidays - Part-Time Emplovees. Permanent, part-time employees are entitled
to observe a holiday (day off work) in the same ratio as the number of hours in the part
time employee's weekly schedule bears to forty (40) hours.
9.6 Personal Holidav Credit. Employees are entitled to accrue two (2) hours of
personal holiday credit each month. This time is prorated for part time employees. No.
employee may accrue more than forty '(40) hours of personal holiday credit. On
separation from County service, employees are paid for any unused personal holiday
credit hours at the employee's then current rate of pay, up to a maximum of forty.(40)
hours.
SECTION 10 —VACATION LEAVE
10.1 Vacation Accrual Rates. Employees are entitled to accrue paid vacation credit
not to exceed the maximum cumulative hours as follows:
Monthly Maximum
Length of Service Accural Hours Cumulative 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
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DDAA MOU 2007-2008
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
10.2 Vacation Allowance for Separated Emplovees. On separation from County
service an employee shall be paid for any unused vacation credits at the employees
then current pay rate.
SECTION 11 — SICK LEAVE
11.1 Sick Leave. Employees are entitled to accrue paid sick leave credit in
accordance with the. provisions of the County Salary Regulations and Administrative
Bulletin No. 411.7 (Sick Leave Policy) adopted on October 17, 1997, as periodically
amended.
.11.2 Part-Time Emplovees. Part-time employees are entitled to accrue paid vacation
and sick leave credit on a pro-rata basis.
SECTION 12 — LEAVE OF ABSENCE
12.1 Leave Without Pay. Any employee who has permanent status may be granted a
leave of absence without pay upon written request, approved by the District Attorney.
12.2 General Administration — Leave of Absence. Requests for leave without pay
shall be made upon forms prescribed by the Director of Huma Resources and shall
state specfically the reason for the request, the date. when it is desired to begin the
leave, and the probable date of return.
A. Leave without pay may be granted for any of the following reasons:
1. Illness or disability
2. Pregnancy
3. Parental
4. To engage in a course of study which will increase the emplolyee's skills upon
return to the position. .
5. For other reasons or circumstance acceptable to the District Attorney.
B. An employee must request family care leave at least thirty (30) days before the
leave is to begin if the reason for the leave if foreseeable. If the need is not
forseeable, the employee must provide written notice to the employer within five
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DDAA MOU 2007-2008
(5) days of learning of the event by which the need for the family care leave
arises.
C. A leave with pay may be for a period not to exceed one (1) year.
12.3 Family Care Leave or Medical Leave. Upon request to the District Attorney, in
a rolling twelve (12) month period measured backward from the date the employee uses
his/her FMLA leave, any employee who has permanent status shall be entitled to at
least twelve (1 2j weeks.leave (less if so requested by the employee) for:
A. Medical leave of absence for the employee's own serious health condition which
makes the employee unable to perform the functions of the employee's position;
or
B. Family care leave of absence without pay for reason of the birth of a child of the
employee, the placement of a child with an employee in connection with the
adoption or foster care of the child by the employee, or the serious illness,or
health condition of a child, parent, spouse, or domestic partner of the employee.
12.4 Certification. The employee may be asked to 'provide certification of the need
for family care leave or medical leave. Additional period(s) of family care or medical
leave may be granted by the appointing authority.
12.5 Intermittent Use of Leave. The twelve (12) week entitlement may be used
intermittently on a regular or irregular basis, or may include reduced work schedules
depending on the specific circumstances and situations surrounding the request for
leave. The twelve (12) weeks may include use of appropriate available paid leave
accruals when accruals are used to maintain pay status. When paid leave accruals are
used for a medical or family care leave, such time shall be counted as a part of the
twelve (12) week entitlement.
12;6 Acicireciate Use for Spouse. In the situation where husband and wife -are both
employed by the County, the family care of medical leave entitlement based on the
birth, adoption or foster care of a child is limited to an aggregate for both employees
together of twelve (12) weeks during a "rolling" twelve (12) month period measured
backward from the date the employee uses his/her FMLA leave. Employees requesting
family care leave are required to advise their appointing authority(ies) when their
spouse is also employed by the County.
12.7 Definitions. For medical and family care leaves of absence under this section,
the following definitions apply:
A. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or
a child who is under eighteen (18) years of age for whom an.employee stands in
loco parentis or for whom the employee is the guardian or conservator, or an
adult dependent child of the employee.
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DDAA MOU 2007-2008
B. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian,
conservator, or other person standing in loco parentis to a child.
C. Spouse: A partner in marriage as defined in California Civil Code Section 4100.
D. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom
the employee is. not related and with whom the employee resides and shares the
common necessities of life.
E. Serious Health Condition: An illness, injury, impairment, or physical or mental
condition which warrants the participation of a family member to provide care
during a period of treatment or supervision and involves either inpatient care in a
hospital, hospice or residential health care facility or continuing treatment. or
continuing supervision by a health care provider (e.g. physician or surgeon) as
defined by State and Federal law.
F. Certification for Family Care. Leave: A written communication to the employer
from a health care provider of a person for whose care the leave is being taken
which need not identify the serious health condition involved, but shall contain:
1. the date, if known, on which the serious health condition commenced;
2. the probable duration of the condition;
3. an estimate of the amount of time which the employee needs to render care or
supervision;
4. a statement that the serious health condition warrants the participation of a family
member to provide care during period of treatment or supervision;
5. if for intermittent leave or a reduced work schedule leave, the certification should
indicate that the intermittent leave or reduced leave schedule is necessary for the
care of the individual or will assist in their recovery, and its expected duration.
G. Certification for Medical Leave: A written communication from a health care
provider of an employee. with a serious health condition or illness to the
employer, which need not identify the serious health condition involved, but shall
contain:
1. the date, if known, on which the serious health condition commenced;
2. the probable duration of the condition;
3. a statement that the employee' is unable to perform the functions of the
employee's job;
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DDAA MOU 2007-2008
4. if for intermittent leave or a reduced work schedule leave, the certification should
indicate the medical necessity for the intermittent leave or reduced leave
schedule and its expected duration.
H. Comparable Positions: A position with the same or similar duties and pay which
.can be performed at the same or similar geographic location as the position held prior to
the leave. Ordinarily, the job assignment will be the same duties in the same program
area located in the same city, although specific clients, caseload, co-workers,
supervisor(s), or other staffing may have changed during an employee's leave.
SECTION 13 — HEALTH AND DENTAL BENEFITS
13.1 Health Plan Coveraqes. Effective January 1, 2007, the County will provide the
medical and dental coverage for employees and for their eligible family members,
expressed in one of the Health Plan contracts and one of the Dental Plan contracts
between the County and the following providers:
A. Contra Costa Health Plans (CCHP), Plan A
B. Contra Costa Health Plans (CCHP), Plan B
C. Kaiser Foundation Health Plan
D. Health Net HMO
E. Health Net PPO
F. Delta Dental
G. PMI Delta Care Dental
The plans referenced above are subject to change at the expiration of this contract.
13.2 Countv Health and Dental Plan Contribution Rates. The County will pay the
following proportions of the monthly premium charge for employees and for their eligible
family members:
A. Contra Costa County Health Plans, Plan A, ninety-eight percent (98%).
B. Contra Costa County Health Plans, Plan B, Ninety percent (90%).
C. Kaiser Foundation Health Plan, eighty percent (80%)
D. Health Net HMO, eighty percent (80%).
E. Health Net PPO, sixty-six and 27/100 percent (66.27%), provided that the County
will pay only fifty percent (50%) of any premium increase after January 1, 2000.
F. Delta Dental and PMI Delta Care Dental when combined with Contra Costa
County Health Plans, Plan A or Plan B, ninety-eight percent (98%).
G. Delta Dental when combined with Kaiser Foundation Health Plan, Health Net
HMO or Health Net PPO, seventy-eight percent (78%).
H. PMI Delta Care Dental when combined with Kaiser Foundation Health Plan,
Health Net HMO, or Health Net PPO, seventy-eight percent (78%).
I. Delta Dental or PMI Delta Care Dental not combined with any health plan, one
hundred percent (100%) less'one cent ($.01).
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DDAA MOU 2007-2008
The percentages referenced above are subject to change at the expiration of this
contract. However, the percentages referenced above are not subject to change during
the term of this MOU or during the term of any extension of this MOU.
At the request of the County the Association agrees to reopen this agreement for the
purposes of OPEB discussion.
13.3 Life Insurance Benefit Under Health and Dental Plans. For employees who
are enrolled in the County's program of medical or dental coverage, term life insurance
in the amount of forty five thousand dollars ($45,000). Group Term Life Insurance will be
provided for Deputy District Attorneys. Premiums for this insurance will be paid by the
County with conditions of eligibility to be reviewed annually.
13.4 Supplemental Life Insurance. MOU employees may subscribe voluntarily and
at their own expense for supplemental life insurance. Employees may subscribe for an
amount not to exceed five hundred thousand dollars ($500;000) guaranteed issue
provided the election is made within the required enrollment periods.
13.5 Health Plan Coveracies and Provisions. The following provisions are
applicable regarding County Health Plan participation:
A. Health, Dental and Life Participation by Other Emplovees. Permanent
part-time employees working less than 20 hours per week and
permanent-intermittent employees may participate in the County Health or Dental
plans (with the associated seven thousand five hundred dollars [$7,500] life
insurance benefit) at the employee's full expense.
B. Emplovee Contribution Deficiencies. The County's contribution to the Health
Plan premium is payable for any month in which the employee is paid. If an
employee's compensation in any month is not sufficient to pay the employee ..
share of the premium, the employee must make up the difference by remitting
the unpaid amount to the Auditor Controller. The responsibility.for this payment
rests with the employee. If the payment is not. made, the employee shall be
dropped from the health plan.
C. Leave of Absence. The County will continue to pay the County share of health
care premiums for enrolled employees who are on an approved paid or unpaid
leave of absence for a period of thirty days (30) or more provided the employee's
share of the health care premium is paid by the employee.
13.6 Retirement Coveracie:
A. Upon retirement, employees and their eligible family members may remain in
their County health/dental plan, but without County-paid fife insurance coverage,
if immediately before their proposed retirement the employees and dependents
are either active subscribers to one of the County contracted health plans or if
while on authorized leave of absence without pay, they have retained continuous
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DDAA MOU 2007-2008
group or individual conversion membership during the leave period by either
continuing to pay their monthly premium to the County by deadlines established
by the County, or converting to individual conversion membership from the
County plan through the medical plan carrier, if available.
B. Deferred Retirement: Effective two (2) months following an approved
agreement, employees who. resign and file for a deferred retirement and their
eligible family members, may continue in their County group health and dental
plan under the following conditions and limitations:
1. Health and dental coverage during the deferred retirement period is totally at the
expense of the employee., without any County contributions.
2. Life insurance coverage is not included.
3. To continue health and dental coverage, the employee must be qualified for a
deferred retirement under the 1937 Retirement Act provisions;
i., be an active member of a County group health and/or dental plan at the time
of filing their deferred retirement application and elect to continue plan
benefits;
ii. be eligible for a monthly allowance from the Retirement System and direct
receipt of a monthly allowance within twenty-four (24) months of application
for deferred retirement; and
iii. file an election to defer retirement and to continue health benefits hereunder
with the County Benefits Division within thirty (30) days before separation
from County service.
4. Deferred retirees who elect continued health benefits hereunder and their eligible
family members may maintain continuous membership in their County health
and/or dental plan group during the period of deferred retirement by paying the
full premium for health and dental coverage on or before the 11th of each month,
to the Contra Costa County Auditor-Controller. When the deferred retirees begin
to receive retirement benefits, they will qualify for the same health and/or dental
plan coverage and County subvention to which retirees who did not defer
retirement are entitled..
5. Deferred retirees may elect continued health benefits hereunder after retirement
.and may elect not to maintain participation in their County health and/or dental
plan during their deferred retirement period, in which case they and their.eligible
family members will qualify for the same coverage and County subvention in any
County health and/or dental plan when they begin to receive retirement benefits
as retirees who did not defer retirement are entitled, provided such reinstatement
to a County group health and/or dental plan will only occur following a three (3)
full calendar month waiting period after the month in which their retirement
allowance commences.
6. Employees who elect deferred retirement will not be eligible in any event for
County health or dental plan subvention unless the member draws a monthly
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DDAA MOU 2007-2008
retirement allowance within twenty-four (24) months after separation from County
service.
7. Deferred retirees and their eligible family members are required to meet the
same eligibility provisions for health/dental plans as active/retired employees.
13.7 Dual Coverac3e. This section applies to married County employees or
employees with domestic partners when both are employed by the County. An
employee can be covered as the employee or as the dependent of an employee but
cannot be covered as both an employee and a dependent of an employee.
13.8 Familv Member Eligibility Criteria. The following persons may be enrolled as
the eligible Familly Members of a medical or dental plan Subscriber:
A. The Subscriber's Spouse.
B. The Subscriber's Domestic Partner.
C. The following children, provided that the child is dependent, unmarried and-under
twenty-five (years) years of age:
1. The natural or legally adopted child of a subscriber or the subscriber's spouse or
domestic partner, including newborn children and children placed in the physical
custody of a member for adoption. In the case of an adopted child, proof of
eligibility by a court adoption order and a copy of a United States income tax
return showing the child as a dependent may be required.
2. A foster child for whom the subscriber of the subscriber's spouse or domestic
partner is the legal guardian and primary source of support. Nevertheless, foster
children who are eligible for Medi-Cal coverage are not eligible for coverage
under the County health plans. In the case of a foster child, proof of eligibility by
a copy of a Social Service Foster Care Agreement and a letter from the
Employment and Human Services Department verifying that the child s not
eligible for Medi-Cal coverage, will be required.
3: For dependents aged nineteen (19) to twenty-five (25), a statement may be
required to verify that the child is legally dependent in accordance with Internal
Revenue Service requirements.
4. Attainment of limiting age will not terminate coverage of a child while the child is
and continues to be both (a) incapable of self-sustaining employment by reason
of mental retardation or physical handicap and (b) chiefly dependent upon the
Member for support and maintenance, proved the proof of such incapacity and
dependency is furnished to the Plan Administrator by the Subscriber within the
thirty-one (31) days of the child's twenty-fifth (25th) birthday and annually
thereafter, if required by the Plan Administrator.
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DDAA MOU 2007-2008
13.9 Health Care Spendinq Account. After six (6) months of permanent
employment, employees may elect to participate in a Health Care Spending Account
(HCSA) Program designated to qualify for tax savings under Section .125 of the Internal
Revenue Code, but such savings are not guaranteed. The HCSA Program allows
employees to set aside a predetermined amount of money from their pay, not to exceed
.five thousand dollars ($5,000) per year, of before tax dollars, for health care expenses
not reimbursed by any other health benefits plan. HCSA dollars can be expended on
any eligible.medical expenses allowed by Internal Revenue Code Section 125. Any
unused balance is forfeited and cannot be recovered by the employee.
13.10 Dependent Care Assistance Program. The County will offer the option of
enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax
savings under Section 129 of the Internal Revenue Code, but such savings are not
guaranteed. The program allows employees to set aside up to five thousand dollars
($5,000) of annual salary (before taxes) -per calendar year to pay for eligible dependent
care (child and elder care) expenses. Any unused balance is forfeited and cannot be
recovered by the employee.
SECTION 14.— CATASTROPHIC LEAVE BANK
14.1 Program Desiqn. All employees are included in the Catastrophic Leave Bank
and may designate a portion of accrued vacation, compensatory time; holiday
compensatory time, or personal holiday credit to be deducted from the donor's existing
balances and credited to the bank or to a specific eligible employee.
.A The County Human Resources Department operates a Catastrophic Leave Bank
which is designed to assist any County employee who has exhausted all paid
accruals due to a serious or catastrophic illness, injury, or condition of the
employee or family member. The program establishes and maintains a
Countywide bank wherein any employee who wishes to contribute may authorize
that a portion of his/her accrued vacation, compensatory time, holiday
compensatory time or personal holiday credit be deducted from those account(s)
and credited to the Catastrophic Leave Bank. Employees may donate hours
either to a specific eligible employee or to the bank. Upon approval, credits from
the Catastrophic Leave Bank may be transferred to a requesting employee's sick
leave account so that employee may remain in paid status for a longer period of
time, thus partially ameliorating the financial impact of the illness, injury or
condition. Catastrophic illness or injury is defined as a critical medical condition,
a long-term major physical impairment or disability that manifests itself during
employment.
B. The plan is administered under the direction of the Director of Human Resources.
The Human Resources Department is responsible for receiving and recording all
donations of accruals and for initiating transfer of credits from the Bank to the
recipient's sick leave account. Disbursement of accruals is subject to the
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DDAA MOU 2007-2008
approval of a six (6) member committee composed of three (3) members
appointed by the County Administrator and three (3) members appointed by the
majority representative employee organizations. The committee will meet as
necessary to consider all requests for credits and will make determinations as to
the appropriateness of the request. The committee will determine the amount of
accruals to be awarded for employees whose donations are non-specific.
Consideration of all requests by the committee will be on an anonymous
requester basis.
C. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the
form of sick leave accruals and will be treated as regular sick leave accruals.
D. To receive credits under this plan, an employee must have permanent status,
have exhausted all time off accruals to a level below eight (8) hours total, have
applied for a medical leave of absence, and have medical verification of need.
E. Donations are irrevocable unless the donation to the eligible employee is denied.
Donations may be made in hourly blocks with a minimum donation of not less
than four (4) hours from balances in the vacation, holiday, personal holiday,
compensatory time or holiday compensatory time accounts. Employees who
elect to donate to a specific individual will have seventy-five percent (75%) of
their donation credited to the individual and twenty-five percent (25%) credited to
the Catastrophic Leave Bank.
F. Time donated will be converted to a dollar value and the dollar value will be
converted back to sick leave accruals at the recipient's base hourly rate when
disbursed. Credits will not be on a straight hour-for-hour basis. All computations
will be on a standard 173.33 basis, except that employees on other than a forty
(40) hour week will have hours prorated according to their status.
G. Each recipient is limited to .a total of one thousand forty (1040) hours or its
equivalent per catastrophic event; each donor is limited to one hundred twenty
(120) hours per calendar year.
H. All appeals from either a donor or recipient will be resolved on a final basis by the
Director of Human Resources.
1. No employee has any entitlement to catastrophic leave benefits. The award of
Catastrophic Leave is at the sole discretion of the committee, both as to amounts
of benefits awarded and as to persons awarded benefits. Benefits May be
denied, or awarded for less than six (6) months. The committee may limit
benefits in .accordance with available contributions and choose from among
eligible applicants on an anonymous basis those who will receive benefits,
except for hours donated: to a specific employee. In the event a donation is
made to a specific employee and the committee determines the employee does
not meet the Catastrophic Leave Bank criteria, the donating employee may
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DDAA MOU 2007-2008
authorize the hours to be donated to the bank or returned to the donor's account.
The donating employee has fourteen (14) calendar days from notification to
submit his/her decision regarding the status of their donation, or the hours will be
irrevocably transferred to the Catastrophic Leave Bank.
J. Any unused hours transferred to a recipient will be returned to the Catastrophic
Leave Bank.
SECTION IS — TRAVEL REIMBURSEMENT
The County will pay a mileage allowance for.the use of personal vehicles on County
business at the rate allowed by the Internal Revenue Service (IRS) as a tax deductible
expense, adjusted to reflect changes in this rate on the date it becomes effective or the
first of the month following announcement of the changed rate by the IRS, whichever is
later. This section will be administered in accordance with Administrative Bulletin 111.7.
SECTION 16 — RETIREMENT CONTRIBUTION
16.1 Pursuant to Government Code Section 31581.1 the County will pay fifty percent
(50%) of the retirement contributions normally required of employees. Such payments
shall continue for the duration of this MOU and shall terminate thereafter. Employees
shall be responsible for payment for the employee's contribution for the retirement cost
of living program as determined by the Board of Retirement of the Contra Costa County
Employees' Retirement Association without the County paying any part of the
employees share. The County will pay the remaining one-half (1/2) of the retirement
cost-of-living program contribution.
Deputy District Attorneys are subject to Tier III of the County's retirement plan.
16.2 414H2 Participation. The County will continue to implement Section 414(h) (2)
of the Internal Revenue Code which allows the County.Auditor-Controller to reduce the
gross monthly pay of .employees by an amount equal to the employee's total
contribution to the County Retirement System before Federal and State income taxes
are withheld, and forward that amount to the Retirement system. This program of
deferred retirement contribution will be universal and non-voluntary as is required by
statute.
SECTION 17 — Professional Expenses
17.1 The County shall reimburse each Deputy District Attorney up to a maximum of
six hundred dollars ($600) for each fiscal year for the following types of expenses:
membership dues in legal, professional associations; purchase of legal publications;
legal on-line computer services; and training and travel costs for educational courses
related to the duties of a Deputy District Attorney; and software and hardware from a
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DDAA MOU 2007-2008
standardized County approved list or with Department Head approval. Each Deputy
District Attorney agrees to comply with the provisions of the Computer Use and Security
Policy adopted by the Board of Supervisors. Certification regarding compliance with the
.County's Computer Use and Security Policy may be required.
The reimbursement of training expenses includes books and is governed by any
Administrative Bulletins on Travel or Training.
Each professional development reimbursement request must be approved by the
Department Head and submitted.through the regular demand process. Demands must
be accompanied by proof of payment (copy of invoice or receipt).
Any unused accrual may be carried forward to the next fiscal year up to eight hundred
dollars ($800).
The County shall reimburse each Deputy District Attorney for California State Bar
membership dues (but not penalty fees) and for criminal specialization fees. To be,
eligible, one must be employed by the Deputy District Attorney with the Contra Costa
County District Attorney's Office as of January 1 of the calendar year for which
reimbursement is requested.
SECTION 18 — BILINGUAL PAY DIFFERENTIAL
A monthly salary differential will be paid to incumbents of positions requiring bilingual
proficiency as designated by the Appointing Authority and the Director of Human
Resources. The differential will be prorated for employees working less than full time
and/or on an unpaid leave of absence during any given month. The differential is one
hundred dollars ($100.00) per month. .
Designation of positions for which bilingual proficiency is required is the sole prerogative
of the County, and such designations may be amended or deleted at any time.
SECTION 19 —WORKERS' COMPENSATION
A permanent non-safety employee shall continue to receive the appropriate percent of
regular monthly salary for all accepted claims filed before January 1, 2000. For all
accepted claims filed with the County on or after January 1, 2000, the percentage of pay
for employees entitled to Workers' Compensation shall be decreased from.eighty-seven
percent (87%) to eighty-six percent (86%). For all accepted claims filed with the County
on or after January 1, 2007, the percentage of regular monthly salary for employees
entitled to Workers' Compensation shall be decreased from eighty-six percent (86%) to
eighty percent (80%). For all accepted claims filed with the County on or after January
1, 2008, the percentage of regular monthly salary for employees entitled to Workers'
Compensation shall be decreased from eighty percent (80%) to seventy-five percent
20
DDAA MOU 2007-2008
(75%). If Workers' Compensation becomes taxable, the County agrees to restore the
original benefit level (100% of monthly salary) and the parties shall meet and confer with
respect to funding the increased cost.
A. Waiting Period. There is a three (3) calendar day waiting period before Workers'
Compensation benefits commence. If the injured worker loses any time on the
day of injury, that day counts as day one (1) of the waiting period. If the injured
worker does not lose time on the date of injury, the waiting period will be the first
..three (3) calendar days the employee does not work as a result of the injury. The
time the employee is scheduled to work during this waiting period will be charged
to the employee's sick leave and/or vacation accruals. In order to qualify for
Workers' Compensation the employee must be under the care of a physician.
Temporary compensation is payable on the first three (3) days of disability when
the injury necessitates hospitalization, or when the disability exceeds fourteen
(14) days.
B. Continuing Pay. Permanent employees shall continue to receive the appropriate
percentage as outlined above of their regular monthly salary during any period of
compensable temporary disability not to exceed one year. Payment of continuing
pay and/or temporary disability compensation shall be made in accordance with
Part 2, Article 3 of the Workers' Compensation Laws of California.
"Compensable temporary disability absence" for .the purpose of this Section, is
any absence due to work connected disability which qualifies for temporary
disability compensation under Workers' Compensation Law set forth in Part 2,
Article 3 of the Workers' Compensation Laws of California.. When any disability
becomes medically permanent and stationary and/or maximum medical
improvement, the salary provided in this Section shall terminate. No charge shall
be made against sick leave or vacation for these salary payments. Sick leave
and vacation rights shall not accrue for those periods during which continuing
pay is received.
The County contribution to the employee's group medical plan shall continue
during any period of compensable temporary disability absence.
Employees shall be entitled to a maximum of one (1) year of continuing pay
benefits for any one (1) injury or illness.
C. Continuing pay begins at the same time that temporary Workers' Compensation
benefits commence and continues until either the member is declared medically
permanent/stationary and/or reaches maximum medical improvement, or until
one (1) year of continuing pay, whichever comes first, provided the employee
remains in an active employed status. Continuing pay is automatically terminated
on the date an employee is separated from County service by resignation,
retirement, layoff, or the employee is no longer employed by the County. In these
instances, employees will be paid Workers' Compensation benefits as prescribed
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DDAA MOU 2007-2008
by Workers' Compensation laws. All continuing pay will be cleared through the
County Administrator's Office, Risk Management Division.
Whenever an employee who has been injured on the job and has returned to .
work is required by an attending physician to leave work for treatment during
working hours the employee shall be allowed time off up to three (3) hours for
such treatment without loss of pay or benefits provided the employee notifies his
supervisor of the appointment at least three (3) working days prior to the
appointment or as soon as the employee aware the appointment has been made.
Said visits are to be scheduled contiguous to either the beginning or end of the
scheduled work day whenever possible. This provision applies only to
injuries/illnesses that'have been accepted by the County as work related.
D. Applicable Pay' Beyond One Year. If an injured employee remains eligible for
temporary disability beyond one (1) year, applicable salary will continue by
integrating sick leave and/or vacation accruals with Workers' Compensation
benefits. If salary integration is no longer available, Workers' Compensation
benefits will be paid directly to the employee as prescribed by Workers'
Compensation laws.
E. Rehabilitation Integration. An injured employee who is eligible for Workers'
Compensation Rehabilitation Temporary Disability benefits and whose.disability
is medically permanent and stationary and/or reaches maximum medical
improvement, will continue to receive applicable salary by integrating sick leave
and/or vacation accruals with Workers' Compensation Rehabilitation Temporary
Disability benefits until those accruals are exhausted.
Thereafter, the Rehabilitation Temporary Disability benefits will be paid directly to
the employee.
F. Health Insurance. The County contribution to the employee's group insurance
plan(s) continues during the-continuing pay period and during integration of sick
leave or vacation with Workers' Compensation benefits.
G. Method of Integration. An employee's sick leave and/or vacation charges shall
be calculated as follows:
C = 8 [1 - (W - S)]
C = Sick leave or vacation charge per day (in hours)
W Statutory Workers' Compensation for a month
S = Monthly salary
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DDAA MOU 2007-2008
SECTION 20 — LONGEVITY PAY
Deputy District Attorneys who have completed ten (10) years of appointed service for
the County will receive a two and one-half percent (2.5%) longevity differential.
SECTION 21 — DEFERRED COMPENSATION INCENTIVE
The County will contribute sixty dollars ($60) per month to each employee who
participates in the County's Deferred Compensation Plan.
SECTION 22 — PERSONAL LEAVE
A. On January 1st of each year, full-time attorneys in paid status will be credited
with eighty (80) hours of paid Administrative Leave. Employees appointed after -
July 1St shall be eligible for forty (40 hours of paid personal leave on the first
succeeding January 1St and shall be eligible for eighty (80) hours annually
thereafter. Said personal leave must be used during the calendar year in which it
is credited and any unused hours may not be carried forward.
B. Permanent part-time employees are eligible for personal leave on a prorated
basis, based upon their position hours. Permanent-intermittent employees are
not eligible for personal leave.
C. Employees appointed (hired or promoted) are eligible for personal leave on the
first day of the month following their appointment date and will receive personal
leave on a prorated basis for that first year.
SECTION 23 —VACATION BUY-BACK
A. Deputy District Attorneys, 2KTF and 2KTG (not fixed term) may elect payment of
up to one-third (1/3) of their annual vacation accrual, subject to the following
conditions: (1) the choice can be made only once in each calendar year; (2)
payment is based on an hourly rate determined by dividing the employee's
monthly salary by 173.33; and (3) the maximum number of vacation hours that
may be paid in any calendar year is one-third (1/3) of the annual accrual.
B. Where a lump-sum payment is made to employees as a retroactive general
salary adjustment for a portion of a calendar year that is subsequent to the
exercise by an employee of the vacation buy-back provision herein, that
employee's vacation buy-back will . be adjusted to reflect the percentage
difference in base pay rates upon which the lump sum payment was computed,
provided that the period covered .by the lump-sum payment includes the effective
date of the vacation buy-back.
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DDAA MOU 2007-2008
SECTION 24— SICK LEAVE INCENTIVE
Employees may be eligible for a payoff of a part of unused sick leave accruals at
separation. This program is an incentive for employees to safeguard sick leave
accruals as protection against wage loss due to time lost for injury or illness. Payoff
must be approved by the Director of Human Resources, and is subject to the following
conditions:
A. The employee must have resigned in good standing.
B. Payout is not available if the employee is eligible to retire.
C. The balance of sick leave at resignation must be at least seventy percent (70%)
of accruals.earned in the preceding continuous period of employment excluding
any sick leave use covered by the Family and Medical Leave Act, the California
Family Rights Act, or the California Pregnancy Disability Act.
D. Payout is by the following schedule:
Years of Payment Payment of Unused
Continuous Service Sick Leave Payable
3 - 5 years 30%
5 - 7 years 40%
7 plus years 50%
E. No payoff will be made pursuant to this section unless the Contra Costa County
Employees' Retirement Association has certified that an employee requesting a
sick leave payoff has terminated membership in, and has withdrawn his or her
contributions from, the Retirement Association.
F. It is the intent of the Board of Supervisors that payment pursuant to this section
precludes County retirement benefits resulting from employment by this County
or Districts governed by the Board.
SECTION 25 —VIDEO DISPLAY TERMINAL (VDT) USERS EYE EXAMINATIONS
Employees are eligible to receive an annual eye examination on County time and at
County expense provided that the employee regularly uses a video display terminal at
least an average of two (2) hours per day as certified by their department.
Employees certified for examination under this program must make their request
through the Benefits Service Unit of the County Human Resources Department. Should
prescription VDT eyeglasses be prescribed for the employee following the examination,
the County agrees to provide, at no cost, basic VDT eye wear consisting of a ten dollar
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DDAA MOU 2007-2008
($1.0) frame and single, bifocal or trifocal lenses. Employees may, through individual
arrangement between the employee and the employees' doctor and solely at the
employee's expense, include.blended lenses and other care, services or materials not
covered by the Plan.
SECTION 26 — LONG-TERM DISABILITY INSURANCE
The County will continue in force the Long-Term Disability Insurance program with a
replacement limit of eighty-five percent (85%) of total monthly base earnings reduced by
any deductible benefits.
SECTION 27—ATTORNEY FIXED-TERM CLASSES
A. The following Fixed-Term attorney classes are ineligible for the benefits listed in
(B) below.
Deputy District Attorney-Fixed Term (2KWD)
Deputy District Attorney-Fixed Term Flat Rate (2KWF)
B. Excepted Benefits
1. Longevity Pay Plan
2. Life Insurance
3. Long-Term Disability
4. Attorney Professional Development Reimbursement Fund fifty percent (50%) of
the benefit is available on January 1 and fifty percent (50%) is available on July
1.
C. Employees in the Fixed-Term Attorney classes will be credited hours paid
administrative leave each January 1, subject to the provisions of the MOU.
SECTION 28 — LAW SCHOOL STUDENT LOAN REIMBURSEMENT PROGRAM
For purposes of retention and to bridge the gap between the newer attorneys and those
attorneys that qualify for longevity pay.
A. Eligibility: Fixed term employees and those employees that are converted
from fixed term to regular employees. The measuring period runs from date of
hire to anniversary date. . Such payments shall only be made to employees on
the payroll as of the date of ratification of this agreement.
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DDAA MOU 2007-2008
B. Qualifying amounts and terms:
i. After completion of the third full year of employment as a fixed-term
full-time employee, (twelve consecutive months of service) those
eligible fixed-term employees are eligible to receive $2000 for
purposes of reimbursement for law school student loan payments.
ii. For those employees that are not retained and not converted to regular
employees, upon completion of their ninth consecutive month of
employment in their third year, an amount not to exceed $1000 will be
payable to eligible employees.
iii. After conversion from a fixed-term employee to a regular employee in
the fourth full year of employment with the County, at the conclusion of
twelve consecutive months of service, the eligible Deputy District
Attorneys are eligible to receive $3000 for purposes of reimbursement
for law school student loan payments.
iv. After the completion of the fifth full year of employment as a regular
full-time employee, (twelve consecutive months of service) the eligible
Deputy District Attorneys are eligible to receive $4000 for purposes of
reimbursement for law school student loan payments.
v. For persons employed less than forty hours per week, the law school
reimbursement amount shall be adjusted proportionately to the
percentage of time the person is actively working throughout the
respective year.
vi. Employee must supply documentation reflecting the existence of an
outstanding student loan and annual payment record for the student
loan during the preceding twelve months.
vii. This Law School Loan Reimbursement Program becomes effective
one month after approval by the Board of Supervisors. Third year
employees that reached their anniversary date in December 2007, and
have been converted to regular employees, after completing 12
consecutive months of employment with the District Attorneys office
are eligible to receive $2000 reimbursement subject to supplying the
requisite documentation.
viii. This program.is not available to those attorneys that have paid off their
law school student loans or to those attorneys that have not incurred
student loans.
ix. Maximum loan reimbursement for eligible employees shall be for a
period not to exceed three years.
26.
DDAA MOU 2007-2008
x. The law school loan reimbursement program will not exceed $9000 for
any one person.
xi. The above payments are subject to applicable state and federal
withholding, if any.
xii. The terms and conditions are subject to language approved by the
County's Auditor's Office.
SECTION 29 -SERVICE AWARDS
A. 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.
The following procedure shall apply with respect to service awards:
1. Presentation Before the Board of Supervisors
An employee with 20 or more years of service may go before the
Board of Supervisors to receive his/her service award.
When requested by the Department, the Human Resources
Department will make arrangements for the presentation ceremony
before the Board of Supervisors and notify the Department as to the
time and date of the Board meeting.
2. Service Award Dav Off
Employees with 15 or more years of service are entitled to take a day
off with pay at each five (5) year anniversary.
SECTION 30 — LOSS OR DAMAGE TO PERSONAL PROPERTY
The loss or damage to personal property of employees is subject to reimbursement.
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 that the original cost. Reimbursement for loss or
damage of personal property shall be in accordance with Administrative Bulletin 518.2
(May 23, 1989). '
SECTION 31 — ADOPTION
The provisions of this MOU 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.
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DDAA MOU 2007-2008
.It is understood that where it is determined that an Ordinance is required to implement
any of the foregoing provisions, said provisions shall become effective upon the first day
of the month following thirty (30) days after such Ordinance is adopted.
SECTION 32 - SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISIONS
32.1 Scope of Aareement. Except as otherwise specifically provided herein, this
MOU fully and completely incorporates the understanding of the parties hereto and
constitutes the sole and entire agreement between the parties in any and all matters
subject to meet and confer. Neither party shall, during the term of this MOU demand
any change herein, provided that nothing herein shall prohibit the parties from changing
the terms of this MOU by mutual agreement.
The Association understands and agrees that the County is not obligated to meet and
confer regarding wages, hours or conditions of employment during the term of this
extended agreement, except as otherwise required by law.
32.2 Severabilitv of Provisions. Should any section, clause or provision of this MOU
be declared illegal, unlawful or unenforceable, by final judgment of a court of competent
jurisdiction, such invalidation of such section, clause or provision shall not invalidate the
remaining portions hereof, and such remaining portions shall remain in full force and
effect for the duration of this MOU.
32.3 Personnel Manaaement. Reaulations. The Personnel Management
Regulations formerly governed the District Attorneys as non-represented management.
The Deputy District Attorney Association was formally recognized as the bargaining
agent of Contra Costa District Attorneys on March 17, 2007. This MOU now governs
the.employment of the District Attorneys subject to matters that are accepted subjects of
bargaining. Where a specific provision contained in a section of this MOU conflicts with
a specific provision contained in a section of the Personnel Management Regulations,
the provision of this MOU shall prevail.
32.4 Duration of Agreement. This Agreement shall continue in full force and effect
from March 17, 2007 to and including September 30, 2008. Said Agreement shall
automatically renew from year to year thereafter unless the Association gives written
notice to the other prior to sixty (60) days from the aforesaid termination date of its
intention to amend, modify or terminate the Agreement.
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DDAA MOU 2007-2008
DATE: :1, -
FOR CONTRA COSTA COUNTY FOR DDAA
Z. h
29
SIDE LETTER
By and Between
Contra Costa County and the Deputy District Attorneys Association
January 11, 2008
1. Longevity Pay
Fifteen Years of Service, applicable only to those Deputy District Attorneys
hired prior to March 1, 20D7.-
a.
007:a. Employees who have completed fifteen (15) years of service for the
County are eligible to receive an additional two and one-half percent
(2.5%) longevity differential effective on the first day of the month
following the month in which the employee qualifies for the fifteen (15)
year service award. For employees who completed fifteen (15) years
of service on or before January 1, 2007, this longevity differential will
be paid prospectively only from January 1, 2007.
b. This benefit shall remain in effect as long as it is part of the
management benefit package.
c. This benefit shall apply only to those employees hired prior to March
1, 2007.
SEAL:
CONTRA COSTA COUNTY
Office of the District Attorney
Robert XochCy
Ae District .Attorney
TO: Contra Costa County Deputy District Attorneys Association
FROM: Robert J. Kochly
District Attorney
DATE:
SUBJECT: Criteria for Performance Pay Steps
Steps 10 and 11 on the salary schedule for Deputy District Attorney Basic Level (A
Level), and steps 6 and 7 on the salary schedule for Deputy District Attorney Advanced
Level (B Level) are Performance Pay steps. At the discretion of the District Attorney,
one or both of these steps may be awarded to any Deputy District Attorney whose
current pay level is at Step 9 for A Level or Step 5 for B Level. Performance Pay steps
may be awarded by the District Attorney to Deputy District Attorneys who meet one or
more of the following criteria:
1. Current assignment in a leadership role which includes supervision of
other Deputy District Attorneys;
2. Current assignment in a Special Prosecution unit involving a caseload of
serious and/or complex subject matter;
3. Demonstrated ability to handle the most difficult tasks or litigate the most
serious or complex cases for their respective attorney classification.
Decisions to award Performance Pay steps will customarily be made in conjunction with
the annual performance evaluation of Deputy District Attorneys. However, the District
Attorney reserves the right to award Performance Pay steps at other times if the current
assignment or performance of a Deputy District Attorney so merits.
The District Attorney, at his discretion, may terminate Performance Pay step(s)
previously awarded to any Deputy District Attorney, if the circumstances which led to
the award of Performance Pay have substantially changed, and none of the award
criteria are currently met by the individual.
RJK:ped
W2008 CORRMAN2008t070-CCCDAA Criteria.doc
Superior Court Operations (92 5) 957-2200
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