HomeMy WebLinkAboutRESOLUTIONS - 07172001 - 2001-308 I
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 17, 2001, by the following vote:
AYES: SUPERVISOR GIOIA, GERBER, DeSAULNIER, GLOVER, and UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Resolution No. 2001/ 308 -
Subject:
Adopt the Memorandum of Understanding) _
With the Deputy Sheriffs' Association )
Rank & File Unit )
BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the
Memorandum of Understanding (copy attached and included as part of this document)
between Contra Costa County and the Deputy Sheriffs' Association, jointly signed by
Kathy Ito, Labor Relations Manager, and George Yamamoto, former President, Deputy
Sheriffs' Association, regarding economic terms and conditions for October 1, 1998
through September 30, 2001 for those classifications represented by that employee
organization.
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the date
shown:
ATTESTED: U-), r �'
JOHN SWEETEN, Clerk of the Board of
Supervisors and County Administrator
Bye
Contact: Human Resources Department (Kathy Ito @ 5-1785)
cc: Labor Relations Unit
Personnel Services Unit Via H.R.
Auditor—Controller/Payroll
George Yamamoto, DSA
RESOLUTION NO. 2001/308
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS' ASSOCIATION
RANK & FILE UNIT
OCTOBER 1 , 1998 - SEPTEMBER 30, 2001
DEPUTY SHERIFFS' ASSOCIATION
RANK & FILE UNIT
TABLE OF CONTENTS
SECTION 1 RECOGNITION
1.1 Association Recognition ..................................................5
1.2 Association Business ......................................................5
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction...............................................................6
2.2 Agency Shop...................................................................6
2.3 Maintenance of Membership ......................................... 10
2.4 Withdrawal of Membership ............................................ 11
2.5 Communicating With Employees................................... 11
2.6 Use of County Buildings ................................................ 13
2.7 Advance Notice ............................................................. 14
2.8 Assignment of Classes to Bargaining Units................... 14
SECTION 3 NO DISCRIMINATION .................................................. 15
SECTION 4 OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings................................................. 16
4.2 Association Representatives ......................................... 17
4.3 DSA President............................................................... 17
SECTION 5 SALARIES
5.1 General Wage Increases............................................... 18
5.2 Entrance Salary............................................................. 18
5.3 Anniversary Dates......................................................... 18
5.4 Increments Within Range ..............................................20
5.5 Part-Time Compensation...............................................21
5.6 Compensation for Portion of Month ...............................21
5.7 Position Reclassification................................................21
5.8 Salary Reallocation & Salary on Reallocation................22
5.9 Salary on Promotion......................................................24
5.10 Salary on Involuntary Demotion.....................................24
5.11 Salary on Voluntary Demotion.......................................25
5.12 Transfer.........................................................................25
5.13 Pay for Work in Higher Classification ............................26
5.14 Payment........................................................................27
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SECTION 6 DAYS & HOURS OF WORK
6.1 Normal Work Week .......................................................30
6.2 Time Changes: PST/DST..............................................31
SECTION 7 OVERTIME & COMPENSATORY TIME
7.1 Overtime........:...............................................................32
7.2 Compensatory Time ......................................................32
7.3 Court Appearance Overtime..........................................34
7.4 Deputy Sheriff-Coroner Overtime ..................................35
SECTION 8 CALL BACK TIME ........................................................35
SECTION 9 ON-CALL DUTY............................................................35
SECTION 10 WORK SCHEDULING
10.1 Shift Assignment Scheduling.........................................36
10.2 Patrol, Detention, Tech Services & Court Security
Division Scheduling ......................................................36
10.3 Transportation Bureau...................................................41
10.4 Investigation Division Home Garaging...........................41
10.5 Investigations Division Scheduling ................................42
10.6 Classification Scheduling...............................................42
10.7 Internal Affairs Scheduling.............................................42
10.8 Marine Patrol Scheduling ..............................................42
10.9 Selection of Shifts..........................................................42
10.10 Length of Shift ...............................................................42
10.11 Transfers .......................................................................42
10.12 Court Security/Detention Time.......................................43
SECTION 11 SENIORITY, WORKFORCE REDUCTION. LAYOFF &
REASSIGNMENT
11.1 Workforce Reduction.....................................................43
11 .2 Separation Through Layoff............................................45
11.3 Notice............................................................................51
11.4 Special Employment Lists .............................................51
11.5 Reassignment of Laid Off Employees ...........................52
SECTION 12 HOLIDAYS
12.1 Holidays Observed ........................................................52
12.2 Application of Holiday Credit .........................................53
12.3 Permanent Part-Time Employees .................................55
12.4 4/10 Shift Holidays ........................................................55
12.5 Accrual of Holiday Compensation Time........................ 56
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SECTION 13 VACATION LEAVE
13.1 Vacation Allowance :............................................
13.2 Vacation Accrual Rates .................................................59
13.3 Accrual During Leave Without Pay................................61
13.4 Vacation Allowance for Separated Employees ..............61
13.5 Pro-Rated Accruals .......................................................61
13.6 Vacation Leave on Reemployment from Layoff List.......61
13.7 Recovery of Vacation Accrual Over/Under Payments ...61
13.8 Maximum Vacation Accrual ...........................................63
SECTION 14 SICK LEAVE
14.1 Purpose.........................................................................63
14.2 Accrual ..........................................................................63
14.3 Administration of Sick Leave .........................................68
14.4 Sick Leave/Absenteeism ...............................................70
14.5 Disability........................................................................70
14.6 Workers' Compensation ................................................75
14.7 Workers' Comp./Cont.Pay for Non-Sworn Employees...77
14.8 Labor-Management Committee .....................................81
14.9 Accrual During Leave Without Pay................................81
SECTION 15 LEAVE OF ABSENCE
15.1 Leave Without Pay ........................................................82
15.2 General Administration-Leave of Absence ....................82
15.3 Family Care or Medical Leave.......................................83
15.4 Pregnancy Disability......................................................88
15.5 Group Health Plan Coverage.........................................88
15.6 Leave Without Pay - Use of Accruals ............................89
15.7 Military Leave ................................................................90
15.8 Return from Leave of Absence........................................91
15.9 Appeal of Denial ............................................................92
15.10 Salary Review While on Leave of Absence ...................93
15.11 Unauthorized Absence ..................................................93
SECTION 16 JURY DUTY AND WITNESS DUTY
16.1 Jury Duty.......................................................................93
16.2 Witness Duty.................................................................95
SECTION 17 HEALTH. LIFE AND DENTAL CARE
17.1 Health Plan....................................................................96
17.2 Contra Costa County Health Plan (CCHP) ....................97
17.3 Health Plan Contribution................................................97
17.4 Dental Program .............................................................98
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17.5 Dental Contribution........................................................98
17.6 Orthodontic Coverage ...................................................99
17.7 Rate Information.......................................................... 100
17.8 Life Insurance Program ............................................... 100
17.9 Life Insurance Contribution ......................................... 100
17.10 Premium Payments ..................................................... 101
17.11 Extended Coverage..................................................... 101
17.12 Retirement Coverage .................................................. 102
17.13 Dual Coverage ............................................................ 103
17.14 Employee Assistance Program.................................... 103
17.15 Health Care Spending Account ................................... 105
SECTION 18 PROBATIONARY PERIOD
18.1 Length of Probation ..................................................... 106
18.2 Revised Probationary Period....................................... 106
18.3 Criteria.........................................................................106
18.4 Rejection During Probation.......................................... 107
18.5 Regular Appointment................................................... 108
18.6 Layoff During Probation...............................................
18.7 Rejection During Probation of Laid Off Employee........ 110
18.8 Probationary Dep.Sheriffs Into Investigative Division. . 110
18.9 Dep.Sheriff/Recruit Residency Requirements. ............ 110
SECTION 19 SHIFT DIFFERENTIAL FOR NON-SWORN
EMPLOYEES/OTHER TERMS & CONDITIONS OF
EMPLOYMENT
19.1 Shift Differential ........................................................... 111
19.2 Sheriffs Dispatchers.................................................... 112
SECTION 20 PROMOTION
20.1 Competitive Exam ....................................................... 113
20.2 Promotion Policy ......................................................... 113
20.3 Certification Rules ....................................................... 113
20.4 Open Exam ................................................................. 113
20.5 Promotion Via Reclassification Without Exam ............. 113
20.6 Requirements for Promotional Standing ...................... 114
20.7 Seniority Credits.......................................................... 115
20.8 Physical Examination .................................................. 115
SECTION 21 TRANSFER
21.1 Criteria......................................................................... 115
21.2 Procedure.................................................................... 116
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SECTION 22 RESIGNATIONS
22.1 Resignation in Good Standing ..................................... 117
22.2 Constructive Resignation............................................. 117
22.3 Effective Resignation......::.:......................................... 117
22.4 Revocation .................................................................. 118
22.5 Coerced Resignations ................................................. 118
SECTION 23 DISMISSAL. SUSPENSION & DEMOTION
23.1 Cause for Disciplinary Action....................................... 119
23.2 Skelly Requirements.................................................... 121
23.3 Employee Response ................................................... 122
23.4 Leave Pending Employee Response........................... 122
23.5 Length of Suspension.................................................. 122
23.6 Procedure on Disciplinary Actions............................... 122
SECTION 24 GRIEVANCE PROCEDURE
24.1 Definition ..................................................................... 123
24.2 Notice to Association................................................... 126
24.3 Immediate Arbitration .................................................. 126
24.4 Compensation Complaints........................................... 129
24.5 Strike/Work Stoppage.................................................. 130
24.6 Merit Board.................................................................. 131
24.7 Filing by Association.................................................... 131
24.8 Letters of Reprimand................................................... 131
24.9 Corrective Counseling System .................................... 132
SECTION 25 DEPARTMENT INVESTIGATIONS............................. 135
SECTION 26 LABOR MANAGEMENT COMMITTEE....................... 135
SECTION 27 PHYSICAL FITNESS HEALTH CARE........................ 136
SECTION 28 PREMIUM PAYS
28.1 Non-Sworn Training Officer Program........................... 137
28.2 Lead Deputy Sheriff/Corporal Assignments................. 137
28.3 Investigators................................................................. 138
28.4 Hazard Pay for Sheriffs Aides..................................... 138
SECTION 29 RETIREMENT CONTRIBUTION ................................. 138
SECTION 30 SAFE ...................................................................... 141
SECTION 31 MILEAGE.................................................................... 141
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SECTION 32 PAY WARRANT ERRORS ......................................... 141
SECTION 33 PROVISIONAL APPOINTMENT................................. 143
SECTION 34 PERSONNEL FILES ................................................... 144
SECTION 35 SERVICE AWARDS.................................................... 146
SECTION 36 REIMBURSEMENT FOR MEAL EXPENSES - CHARGE
FOR DETENTION DIVISION MEALS ......................... 147
SECTION 37 COMPENSATION FOR LOSS OR DAMAGE TO
PERSONAL PROPERTY
37.1 Conditions ................................................................... 149
37.2 Policies & Practices.....................................................
SECTION 38 UNFAIR LABOR PRACTICE ...................................... 150
SECTION 39 LENGTH OF SERVICE DEFINITION .......................... 151
SECTION 40 PERMANENT PART-TIME EMPLOYEE BENEFITS .. 151
SECTION 41 PERM.-INTERMITTENT EMPLOYEE BENEFITS....... 152
SECTION 42 PERM.-INTERMITTENT EMPL. HEALTH PLAN ........ 152
SECTION 43 PROVISIONAL EMPLOYEE BENEFITS..................... 152
SECTION 44 LUNCH PERIOD ......................................................... 153
SECTION 45 CANINE ALLOWANCE............................................... 153
SECTION 46 BILINGUAL PAY......................................................... 153
SECTION 47 UNIFORM ALLOWANCE/S.W.A.T. UNIFORM
47.1 Uniform Allowance....................................................... 154
47.2 Uniform Allowance Method of Payment....................... 154
47.3 S.W.A.T. Uniform ........................................................ 155
SECTION 48 PEACE OFFICER TRAINING
48.1 Incentive Program - Purposes ..................................... 155
48.2 Incentive Program - Definitions.................................... 155
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48.3 Incentive Program - Intermediate Certificate ............... 156
48.4 Incentive Program - Advanced Certificate ...................156
48.5 Incentive Program - Pay Status...................................156
48.6 Deletion of Continuing Education Requirement ........... 156
SECTION 49 CRITICAL INCIDENT.................................................. 157
SECTION 50 STUDIES/PROJECTS/COMMITTEES ........................ 157
SECTION 51 ADOPTION ................................................................. 159
SECTION 52 SCOPE OF AGREEMENT/SEPARABILITY OF
PROVISIONS
52.1 Scope of Agreement.................................................... 159
52.2 Separability of Provisions ............................................ 160
52.3 Personnel Management Regulations........................... 160
52.4 Duration of Agreement ................................................ 160
SECTION 53 PAST PRACTICES & EXISTING MOU'S.................... 160
ATTACHMENTS
A. SHERIFF'S AIDE/SPECIALIST TRANSFER POLICY & PROCEDURE
B. CLASS & SALARY LISTING
C. EMPLOYEE RELATIONS ORDINANCE-UNFAIR PRACTICES
D. PROJECT POSITIONS
EXHIBITS - (INFORMATION/REFERENCE ONLY)
A. SPECIALIZED ASSIGNMENTS
B. SHERIFF'S "OPEN DOOR" POLICY
C. MARSH CREEK DETENTION FACILITY SCHEDULING
D. COURT APPEARANCE OVERTIME
E. COMPENSATION FOR SERGEANTS ASSIGNED TO DEPUTY
SHERIFF POSITIONS
F. TRANSPORTATION BUREAU ASSIGNMENTS
G. POST ASSIGNMENTS
H. FIREARMS TRAINING POLICY
I. FLSA OVERTIME
J. EXTENSION OF PROBATION PERIOD FOR INJURED DEPUTY
SHERIFF
K. PRE-EMPLOYMENT AGREEMENT
L. CORONER'S DIVISION SHIFT
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M. IDENTIFICATION OF SECTION 27 PROPOSALS
N. DETENTION FACILITY ASSIGNMENTS
O. TRANSFER LETTER
P. SCHEDULING
Q. MEDICAUDENTAULIFE INSURANCE ADJUSTMENTS
R. LUNCH PERIOD
S. PAY PROCESS
T. SUCCESSOR AGREEMENT
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA. COSTA COUNTY
AND
DEPUTY SHERIFFS$ ASSOCIATION
RANK & FILE UNIT
This Memorandum of Understanding (MOU) is entered
into pursuant to the authority contained 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 MOU shall be presented to the Contra Costa County
Board of Supervisors as the joint recommendations of the
undersigned for salary and employee benefit adjustments
for the period commencing October 1 , 1998 and ending
September 30, 2001 .
DEFINITIONS I
Special provisions and restrictions pertaining to Project
employees covered by this MOU are contained in
Attachment D which is attached hereto and made a part
hereof.
DEFINITIONS
Appointing Authoritx: Department Head unless
otherwise provided by statute or ordinance.
Association: Deputy Sheriffs' Association (DSA).
Class: A group of positions sufficiently similar with respect
to the duties and responsibilities that similar selection
procedures and qualifications may apply and that the
same descriptive title may be used to designate each
position allocated to the group.
Class Title: The designation given to a class, to each
position allocated to the class, and to the employees
allocated to the class.
Count : Contra Costa County.
Demotion: 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
MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classifications.
DSA RANK & FILE - 2 - 1998 - 2001 MOU
DEFINITIONS
Director of Human Resources: The person designated
by the County Administrator to serve as the Assistant
County Administrator-Director of Human Resources.
Eligible: Any person whose name is on an employment or
reemployment or layoff list for a given classification.
Employ: A person who is an incumbent of a position or
who is on leave of absence in accordance with provisions
of this MOU and whose position is held pending his/her
return.
Employment List: A list of persons who have been found
qualified for employment in a specific class.
Layoff List: 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.
Permanent-Intermittent Position: 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.
Permanent Part-Time Position: Any position which will
require the services of an incumbent for an indefinite
period but on a regularly scheduled less than full time
basis.
Permanent Position: Any position which has required, or
which will require the services of an incumbent without
interruption, for an indefinite period.
DSA RANK & FILE - 3 - 1998-2001 MOU
1
DEFINITIONS
Project Employee: An employee who is engaged in a
time limited program or service by reason of limited or
restricted funding. Such positions are typically funded from
outside sources but may be funded from County revenues.
Promotion: 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
MOU, in the Personnel Management Regulations, or in
specific resolutions governing deep classes.
Position: The assigned duties and responsibilities calling
for the regular full time, part-time or intermittent
employment of a person.
Reallocation: 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.
Reclassification: 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.
Reemployment List: 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
nRA RANK & FILE - 4 - 1998 - 2001 MOU
SECTION 1 - RECOGNITION
consideration for reappointment under the Personnel
Management Regulations governing reemployment.
Resignation: The voluntary termination of permanent
service with the County from a position in the merit
system.
Temporary Employment: Any employment in the merit
system 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.
Transfer: 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 percent (5%) of the top step as the class
previously occupied by the employee.
SECTION 1 - RECOGNITION
1 .1 Association Recognition. The Association is
the formally recognized employee organization for the
Deputy Sheriffs' Rank & File Unit and such organization
has been certified as such pursuant to Chapter 34-12 of
Board of Supervisor's Resolution 81/1165.
1.2 Association Business. All elected members of
the Board of the governing body of the DSA and any
general member having agendized business before the
Board requiring the member's personal appearance may
be allowed to attend said Board meeting during duty hours
DSA RANK & FILE - 5 - 1998-2001 MOU
i
SECTION 2-ASSOCIATION SECURITY
without any loss of pay or benefit, provided that at least
twenty-four (24) hour advance written request is made.
The first-line supervisor of the member shall be
empowered to grant release time, if the granting of same
would not require added costs (i.e., overtime or
replacement by a temporary employee). Operational
impact will also be considered.
This provision will be reviewed six (6) months following
ratification of the contract, and the parties may meet and
confer concerning same.
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.
2.2 Agency Shop.
A. The Association agrees that it has a duty to
provide fair and non-discriminatory representation
to all employees in all classes in the units for
which this section is applicable regardless of
whether they are members of the Association.
B. All employees employed in a representation unit
on or after the effective date of this MOU and
DSA RANK & FILE - 6 - 1998 - 2001 MOU
SECTION 2-ASSOCIATION SECURITY
continuing until the termination Of the MOU, shall
as a condition of employment either:
1 . Become and remain a member of the
Association or;
2. pay to the Association, an agency shop fee
in an amount which does not exceed an
amount which may be lawfully collected
under applicable constitutional, statutory,
and case law, which under no circumstances
shall exceed the monthly dues, initiation fees
and general assessments made during the
duration of this MOU. It shall be the sole
responsibility of the Association to determine
an agency shop fee which meets the above
criteria; or
3. do both of the following:
a. Execute a written declaration that the
employee is a member of a bona fide
religion, body or sect which has
historically held a conscientious
objection to joining or financially
supporting any public employee
organization as a condition of
employment; and
b. pay a sum equal to the agency shop fee
described in Section 2.2.6.2 to a non-
religious, non-labor, charitable fund
chosen by the employee from the
OSA RANK & FILE - 7 - 1998-2001 MOU
SECTION 2 -ASSOCIATION SECURITY
following charities: Family and Children's
Trust Fund, Child Abuse Prevention
Council and Battered Women's
Alternative.
C. The Association shall provide the County with a
copy of the Association's Hudson Procedure for
the determination and protest of its agency shop
fees. The Association shall provide a copy of said
Hudson Procedure to every fee payer covered by
this MOU within one month from the date it is
approved and annually thereafter, and as a
condition to any change in the agency shop fee.
Failure by fee payor to invoke the Association's
Hudson Procedure within one month after actual
notice of the Hudson Procedure shall be a waiver
by the employee of their right to contest the
amount of the agency shop fee.
D. The provisions of Section 2.2.13.2 shall not apply
during periods that an employee is separated
from the representation unit but shall be
reinstated upon the return of the employee to the
representation unit. The term separation includes
transfer out of the unit, layoff, and leave of
absence with a duration of more than thirty (30)
days.
E. Annually, the Association shall file with the
Director of Human Resources a financial
statement which shall include an accurate
balance sheet and annual income statement.
Such report shall be available to employees in
IDSA RANK & FILE - 8 - 1998 - 2001 MOU
SECTION 2 -ASSOCIATION SECURITY
the unit. Failure to file such a report within sixty
(60) days after the end of its calendar year shall
result in the termination of all agency shop fee
deductions without jeopardy to any employee,
until said report is filed.
F. Compliance.
1 . An employee employed in or hired into a job
class represented by the Association shall be
provided with an "Employee Authorization for
Payroll Deduction" form by the Human
Resources Department.
2. If the form authorizing payroll deduction is
not returned within thirty (30) calendar days
after notice of this agency shop fee provision
and the association dues, agency shop fee,
initiation fee . or charitable contribution
required under Section 2.2.13.3 are not
received, - and the employee has not timely
invoked the Association's Hudson
Procedure, or if invoked, the employee's
Hudson Procedure rights have been
exhausted - the Association may, in writing,
direct that the County withhold the agency
shop fee and the initiation fee from the
employee's salary, in which case the
employee's monthly salary shall be reduced
by an amount equal to the agency shop fee
and the County shall pay an equal amount to
the Association.
DSA RANK & FILE - 9 - 1998-2001 MOU
SECTION 2 -ASSOCIATION SECURITY
G. The Association shall indemnify, defend, and
save the County harmless against any and all
claims, demands, suits, orders, or judgments, or
other forms of liability that arise out of or by
reason of this Association Security Section, or
action taken or not taken by the County under
this Section. This includes, but is not limited to,
the County's Attorneys' fees and costs. The
provisions of this subsection shall not be subject
to the grievance procedure.
H. The County Human Resources Department shall
monthly furnish a list of all new hires to the
Association.
I. In the event that employees in a bargaining unit
represented by the Association vote to rescind
"Agency Shop," the provisions of Sections 2.3
and 2.4 shall apply to dues-paying members of
the Association.
2.3 Maintenance of Membership. All employees in
units represented by the Association who are currently
paying dues to the Association and all employees in such
units who hereafter become members of the Association
shall as a 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 2.4.
nSe QeNK tZ F:n F _ in _ 1998 - 20(11 mot
SECTION 2-ASSOCIATION SECURITY
2.4 Withdrawal of Membership. By notifying the
Auditor-Controller's Department in writing, between August
1 and August 31 , 2001 , any employee may withdraw from
Association membership and discontinue paying dues as
of the payroll period commencing September 1 , 20011
discontinuance of dues payments to then be reflected in
the October 10, 2001 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.
An employee in the bargaining unit who terminates
membership in the Association shall, as a condition of
continued employment, within 30 days of such termination,
comply with either Section 2.2.13.2 or 2.2.6.3, without any
lapse of financial contributions.
2.5 Communicating With Employees. The
Association shall be allowed to use designated portions of
bulletin boards or display areas in public portions of
County buildings or in public portions of offices in which
there are employees represented by the Association,
provided the communications displayed have to do with
official organization business such as times and places of
meetings and further provided that the Association
appropriately posts and removes the information. The
department head reserves the right to remove
objectionable materials after notification to and discussion
with the Association.
Representatives of the Association, not on County time,
shall be permitted to place a supply of employee literature
DSA RANK & FILE - 11 - 1998-2001 MOU
SECTION 2-ASSOCIATION SECURITY
at specific locations in County buildings if arranged
through the Labor Relations Manager; 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 representative in charge of the work area,
and the visit will not interfere with County services.
DSA RANK & FILE - 12 - 1998 - 2001 MOU
SECTION 2 -ASSOCIATION SECURITY
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 maintain 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.
DSA RANK & FILE - 13 - 1998-2001 MOU
SECTION 2-ASSOCIATION SECURITY
2.7 Advance Notice. The Association shall, except
in cases of emergency, have the right to reasonable notice
of any ordinance, rule, 'resolution or regulation directly
relating to matters within the scope of representation
proposed to be adopted by the Board, or boards and
commissions designated by the Board, and to meet with
the body considering the matter.
The listing of an item on a public agenda, or the mailing of
a copy of a proposal at least seventy-two (72) hours
before the item will be heard, or the delivery of a copy of
the proposal at least twenty-four (24) hours before the item
will be heard, shall constitute notice.
In cases of emergency when the Board, or boards and
commissions designated by the Board determines it must
act immediately without such notice or meeting, it shall
give notice and opportunity to meet as soon as practical
after its action.
2.8 Assignment of Classes to Bargaining Units.
The County shall assign new classes in accordance with
the following procedure:
a. Initial Determination. When a new class title is
established, the Labor Relations Manager shall
review the composition of existing representation
units to determine the appropriateness of
including some or all of the employees in the new
class in one or more existing representation units,
and within a reasonable period of time shall notify
all recognized employee organizations of his
determination.
DSA RANK & FILE - 14 - 1998 - 2001 MOU
SECTION 3 - NO DISCRIMINATION
b. Final Determination. This determination is final
unless within ten (10) days after notification a
recognized employee organization requests in
writing to meet and confer thereon.
C. Meet and Confer and Other Steps. The Labor
Relations Manager shall meet and confer with
such requesting organizations (and with other
recognized employee organizations where
appropriate) to seek agreement on this matter
within sixty (60) days after the ten-day period in
Subsection (b), unless otherwise mutually
agreed. Thereafter, the procedures in cases of
agreement and disagreement, arbitration 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
disabled person solely because of such_ disability unless
that disability prevents the person from meeting the
minimum standards established for a position or from
carrying out the duties of the position safely.
DSA RANK & FILE - 15 - 1998-2001 MOU
SECTION 4 - OFFICIAL REPRESENTATIVES
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 for
presentation of testimony 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 24 - Grievance Procedure of
this MOU;
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
OSA RANK & FILE - 16 - 1998 - 2001 MOU
SECTION 4 - OFFICIAL REPRESENTATIVES
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 Representatives. Official
representatives of the DSA 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 that the number of such
representatives shall not exceed two (2) without prior
approval of the Labor Relations Manager, and that
advance arrangements for the time away from the work
station or assignment are made with the appropriate
department head or his designee.
4.3 DSA President. A position has been placed in
the Administrative & Community Services Bureau for the
assignment of the current DSA president or by mutual
agreement, a designee. The emphasis in. duties shall be
placed on the Department's support of the County's
Human Rights Commission.
DSA RANK & FILE - 17 - 1998-2001 MOU
SECTION 5 - SALARIES
SECTION 5 - SALARIES
5.1 General Wage Increases
October 1 , 1998: 3.5%
April 1 , 1999: 2.5%
October 1 , 1999: 3.0%
October 1 , 2000:. 3.0%
5.2 Entrance Salam. New employees shall generally
be appointed at the minimum step of the salary range
established for the particular class of position to which the
appointment is made. However, the appointing authority
may fill a particular position at a step above the minimum
of the range.
5.3 Anniversary Dates. Except as may otherwise be
provided for in deep class resolutions, anniversary dates
will be set as follows:
a. New Employ. 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.
DSA RANK & FILE - 18 - 1998 - 2001 MOU
SECTION 5 - SALARIES
C. Demotions. The anniversary of a demoted
employee is the first day of the calendar month
after the calendar month when the demotion was
effective.
d. Transfers. Reallocations and Reclassifications.
The anniversary date of an employee who is
transferred to another position or one whose
position has been reallocated or reclassified to a
class allocated to the same salary range or to a
salary range which is within five (5) percent of the
top step of the previous classification, remains
unchanged.
e. Reemplo ments. The anniversary of an
employee appointed from a reemployment list to
the first step of the applicable salary range and
not required to serve a probation period is
determined in the same way as the anniversary
date is determined for a new employee who is
appointed the same date, classification and step
and who then successfully completes the
required probationary period.
f. Notwithstanding other provisions of this Section
5, the anniversary of an employee who is
appointed to a classified position from outside the
County's merit system at a rate above the
minimum salary for the employee's new class, or
who is transferred from another governmental
entity to this County's merit system, is one (1 )
year from the first day of the calendar month after
the calendar month when the employee was
DSA RANK & FILE - 19 - 1998-2001 MOU
SECTION 5- SALARIES
appointed or transferred; provided however,
when the appointment or transfer is effective on
the employee's first regularly scheduled work day
of that month, his/her anniversary is one (1 ) year
after the first calendar day of that month.
5.4 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 determine whether the salary of the employee shall
be advanced to the next higher step in the salary range.
Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on
satisfactory performance by the employee. The appointing
authority may recommend denial of the increment or
denial subject to one additional review at some specified
date before the next anniversary which must be set at the
time the original report is returned.
Except as herein provided, increments within range shall
not be granted more frequently than once a year, nor shall
more than one (1 ) step within-range increment be granted
at one time, except as otherwise provided in deep-class
resolutions. In case an appointing authority recommends
denial of the within range increment on some particular
anniversary date, but recommends a special salary review
at some date before the next anniversary the special
salary review shall not affect the regular salary review on
the next anniversary date. Nothing herein shall be
construed to make the granting of increments mandatory
on the County. If the department verifies in writing that an
administrative or clerical error was made in failing to
ne n 0 n MW R eu c _ 9n _ 1 qqR - 2001 MOU
SECTION 5 - SALARIES
submit the documents needed to advance an employee to
the next salary step on the first of the month when eligible,
said advancement shall be made retroactive to the first of
the month when eligible.
5.5 Part-Time Compensation. A part-time employee
shall be paid a monthly salary in the same ratio to the full-
time monthly rate to which the employee would be entitled
as a full-time employee under the provisions of this
Section 5 as the number of hours per week in the
employee's part-time work schedule bears to the number
of hours in the full-time work schedule of the department.
5.6 Compensation for Portion of Month. Any
employee who works less than any full calendar month,
except when on earned vacation or authorized sick leave,
shall receive as compensation for services an amount
which is in the same ratio to the established monthly rate
as the number of days worked is to the actual working
days in such employee's normal work schedule for the
particular month; but if the employment is intermittent,
compensation shall be on an hourly basis.
5.7 Position Reclassification. An employee who is
an incumbent of a position which is reclassified to a class
which is allocated to the same range of the basic salary
schedule as is the class of the position before it was
reclassified, shall be paid at the same step of the range as
the employee received under the previous classification.
An incumbent of a position which is reclassified to a class
which is allocated to a lower range of the basic salary
schedule shall continue to receive the same salary as
DSA RANK & FILE - 21 - 1998-2001 MOU
SECTION 5 - SALARIES
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 & 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
previously allocated, when the number of steps
remain the same, shall be compensated at the
same step in the new salary range the employee
was receiving in the range to which the class was
previously allocated. If the reallocation is from
one salary range with more steps to a range with
fewer steps or vice versa, the employee shall be
compensated at the step on the new range which
is in the same percentage ratio to the top step of
the new range as was the salary received before
reallocation to the top step of the old range, but in
no case shall any employee be compensated at
less than the first step of the range to which the
class is allocated.
B. In the event that a classification is reallocated
from a salary range with more steps to a salary
nc a Penne k P11 t= - 77 - 199R - 2001 MOU
SECTION 5 - SALARIES
range with fewer steps on the salary schedule,
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 incumbent shall be placed at the step
in the new class which equals the rate of pay
received before reallocation. In the event that the
steps in the range for the new class do not
contain the same rates as the range for the old
class, the incumbent shall be placed at the step
of the new range which is next above the salary
rate received in the old range; or if the new range
does not 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
DSA RANK & FILE - 23 - 1998-2001 MOU
SECTION 5- SALARIES
incumbent salary allocations, if any, shall
supersede Section 5.8.
5.9 Salary on Promotion. Any employee who is
appointed to a position of a class allocated to. a higher
salary range than the class previously occupied, except as
provided under Section 5.12 shall receive the salary in the
new salary range which is next higher than the rate
received before promotion. In the event this increase is
less than five percent (5%), the employee's salary shall be
adjusted to the step in the new range which is at least five
percent (5%) greater than the next higher step; provided
however that the next step shall not exceed the maximum
salary for the higher class.
In the event of the promotion of a laid off employee from
the layoff list to the class from which the employee was
laid off, the employee shall be appointed at the step which
the employee had formerly attained in the higher class
unless such step results in an increase of less than five
percent (5%), in which case the salary shall be adjusted to
the step in the new range which is five percent (5%)
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
nce aeNK R Fu F - 24 - 1998 -2001 MOU
SECTION 5- SALARIES
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
DSA RANK & FILE - 25 - 1998-2001 MOU
SECTION 5 - SALARIES
resolution on salary of transfers, if any, shall apply in lieu
of the above provisions.
5.13 Pay for Work in Higher Classification. When
an employee in a permanent position in the merit system
is required to work in a classification for which the
compensation is greater than that to which the employee
is regularly assigned, the employee shall receive
compensation for such work at the rate of pay established
for the higher classification pursuant to Section 5.9 -
Salary on Promotion of this MOU, commencing on the
eleventh (11 th) work day of the assignment, under the
following conditions:
a. 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.
b. The nature of the departmental assignment is
such that the employee in the lower classification
becomes fully responsible for the duties of the
position of the higher classification.
C. Employee selected for the assignment will
normally be expected to meet the minimum
qualifications for the higher classification.
d. Pay for work in a higher classification shall not be
utilized as a substitute for regular promotional
procedures provided in this MOU.
DSA RANK & FILE - 26 - 1998 - 2001 MOU
SECTION 5- SALARIES
e. The appropriate authorization form has been
submitted by the Department Head and approved
by the County Administrator.
f. Higher pay assignments shall not exceed six (6)
months except through reauthorization.
g. 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.
h. Any incentives (e.g., the education incentive) and
special differentials (e.g., bilingual differential and
canine differential) accruing to the employee in
his/her permanent position shall continue unless
the employee is no longer performing the duties
which warrant the differentials.
i. 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.
j. Allowable overtime pay, shift differentials and/or
work location differentials will be paid on the
basis of the rate of pay for the higher class.
5.14 Payment. On the tenth (10th) day of each month,
the Auditor will draw a warrant upon the Treasurer in favor
of each employee for the amount of salary due the
DSA RANK & FILE - 27 - 1998-2001 MOU
SECTION 5 - SALARIES
employee for the preceding month; provided, however,
that each employee (except those paid on an hourly rate)
may choose to receive an advance on the employee's
monthly salary, in which case the Auditor shall, on the
twenty-fifth (25th) day of each month, draw his/her warrant
upon the Treasurer in favor of such employee.
The advance shall be in an amount equal to one-third (1/3)
or less (at the option of the employee) of the employee's
basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary
less all requested or required deductions.
The election to receive an advance shall be made on or
before April 30 or October 31 of each year or during the
first month of employment by filing on forms prepared by
the Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the
month following the deadline for filing the notice and shall
remain effective until revoked.
In the case of an election made pursuant to this Section
5.14 all required or requested deductions from salary shall
be taken from the second installment, which is payable on
the tenth (10th) day of the following month.
Direct Mailing of Pav Warrant and Pay Warrant Advice.
Effective for the November 10, 1999 pay warrant, the
County shall distribute pay warrants and/or pay warrant
advices via United States mail. Pay warrant and pay
DSA RANK & FILE - 28 - . 1998 - 2001 MOU
SECTION 5 - SALARIES
warrant advices shall be mailed directly to each
employee's home subject to the following:
1 . Pay Warrants and pay warrant advices shall be
mailed no fewer than two (2) business days prior
to each appropriate pay date.
A. If the County is unable to comply with the
above described schedule, pay warrants and
pay warrant advices shall be distributed
manually at the employee's work site.
B. If an employee has not received his/her pay
warrant or pay warrant advice five (5)
calendar days following the mailing of said
warrant or advice, and upon request of the
employee, the County shall issue a
replacement pay warrant or pay warrant
advice within twenty-four (24) hours of
receiving the employee's request for a
replacement.
2. Payroll errors shall be corrected as follows:
A. Errors of one hundred dollars ($100) gross or
more will be corrected within five (5) working
days.
B. Errors amounting to less than one hundred
dollars ($100) gross, shall be adjusted the
next pay period.
DSA RANK & FILE - 29 - 1998-2001 MOU
SECTION 6 - DAYS AND HOURS OF WORK
C. The hardship requirement will no longer
apply to payroll corrections.
D. Request for payroll corrections shall be
forwarded by the Department, not by the
employee, to the Auditor's Payroll Division.
E. Payroll adjustments would be by a paper
check as opposed to an electronic transfer.
F. Items A through E above notwithstanding,
the provisions of Section 32 — Pay Warrant
Errors of the current DSA MOU remain in
force and effect.
3. There shall be no fee to employees for the
processing of pay warrants and/or pay warrant
advices, or for the correction of payroll errors.
SECTION 6 - DAYS AND HOURS OF WORK
6.1 Normal Work Week. 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 (5) 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
operational cycle, and the department head shall prepare
written schedules in advance to support all deviations, the
DSA RANK & FILE - 30 - 1998 - 2001 MOU
SECTION 6 - DAYS AND HOURS OF WORK
schedules to encompass the complete operational cycle
contemplated.
The work week for employees in the 4-10 shift is four (4)
ten (10) hour working days during a work week consisting
of any seven (7) day period.
If the County wants to eliminate any existing 4-10 shift and
substitute a 5-8 shift or to institute a 4-10 shift which does
not allow for three (3) consecutive days off (excluding
overtime days or a change of shift assignment), it will meet
and confer with the Association prior to implementing said
new shift.
The work schedule for certain employees at the
Rehabilitation Center in Clayton consist of three (3) twelve
(12) hour shifts the first week and three (3) twelve (12)
hour shifts and one (1 ) eight (8) hour shift the second
week.
The work schedule for employees in the Coroner's Bureau
filling "living-in positions" shall consist of three (3) twenty-
four (24) hour shifts during a nine (9) day calendar period,
the work shift order of which generally is as follows: on
duty; off duty; on duty; off duty; on duty; followed by four
(4) consecutive days off.
6.2 Time Changes: Pacific Standard
Time/Daylight Savings Time. The Sheriff agrees to
adjust work hours for personnel to eliminate an eleven (11 )
hour tour of duty for personnel working a 4-10 work
schedule, or nine (9) hour tour of duty for other department
DSA RANK & FILE - 31 - 1998-2001 MOU
SECTION 7- OVERTIME AND COMPENSATORY TIME
personnel who are working the Morning Watch upon return
to Pacific Standard Time from Daylight Savings Time.
Upon return to Daylight Savings Time, the hours will also
be adjusted to insure that a ten (10) hour tour of duty for
personnel on a 4-10 work schedule or an eight (8) hour
tour of duty for other department personnel.
SECTION 7 - OVERTIME AND COMPENSATORY TIME
7.1 Overtime. Overtime is any authorized work
performed in excess of forty (40) hours per week or eight
(8) hours per day. Overtime for 4-10 shift employees is
any work performed beyond ten (10) hours per day or forty
(40) hours per week. All over time shall be compensated
for at the rate of one and one-half (1-1/2) times the
employee's base rate of pay. Any special differentials
which are applicable during overtime hours worked shall
be computed on the employee's base rate of pay (not on
the overtime rate of pay). Overtime for 12 hour shift
employees is any work performed beyond their scheduled
hours in a work day or work week.
Overtime for permanent employees is earned and credited
in a minimum of one-tenth hour (6 minute) increments and
is compensated by either pay or compensatory time off.
7.2 Compensatory Time. Effective July 1 , 1996
compensatory time off is eliminated as an option for
overtime. The following applies to compensatory time
accrued as of June 30, 1996:
nc A u n VJV R 1=11 1998 - 2001 MOU
SECTION 7- OVERTIME AND COMPENSATORY TIME
a. Accrued compensatory time off shall be carried
over for use in subsequent fiscal years.
b. 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.
C. 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 d. below.
d. 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 of two-thirds the
overtime rate for the employee's current salary
whenever:
1 . the employee separates from County
service;
2. the employee retires.
DSA RANK & FILE - 33 - 1998-2001 MOU
SECTION 7- OVERTIME AND COMPENSATORY TIME
7.3 Court Appearance Overtime.
A. Employees shall be compensated for off-duty
court appearances on work days as follows:
1 . An employee shall be compensated with a
three (3) hour overtime minimum or actual
time in court, whichever is greater, for any
court appearance that starts more than one-
half hour before an employee's shift or more
than one-half hour after the conclusion of an
employee's shift.
2. For court appearances which begin during
an employee's shift or within a half-hour of
the start or conclusion of an employee's shift,
the employee shall be compensated for
actual time worked.
3. An employee shall be entitled to only one (1 )
three (3) hour minimum each day.
B. Compensation for court appearances on
scheduled days off.shall be as follows:
1 . An employee shall be compensated with a
four (4) hour minimum or actual time in court,
whichever is greater.
2. An employee shall be entitled to not more
than two (2) four (4) hour minimums per day.
3. An employee shall be entitled to only one (1 )
four (4) hour minimum per court session,
DSA RANK & FILE - 34 - 1998 - 2001 MOU
SECTION 8 - CALL BACK TIME
e.g., one in the morning, one in the
afternoon, or one in the evening (after 6:00
P.M.).
7.4 Deputy Sheriff-Coroner Overtime. If a Deputy
Sheriff assigned to the Coroner's Division works overtime
in the Coroner's Division, overtime shall be calculated
based on the number of assigned work hours in the week;
however, if a Deputy Sheriff assigned to the Coroner's
Division works overtime elsewhere in the Sheriff-Coroner's
Department, said Deputy Sheriff shall be paid overtime,
calculated on the standard, hourly rate applicable to all
other deputies. Implementation of this provision may
require adoption of a Board of Supervisor's Ordinance.
SECTION 8 - CALL BACK TIME
Any employee who is called back to duty shall be paid at
the appropriate rate for the actual time worked plus one (1 )
hour. Such employee called back shall be paid a minimum
of two (2) hours at the appropriate rate for each call back.
SECTION 9 - ON-CALL DUTY
On-call duty is any time other than time when the
employee is actually on duty during which an employee is
not required to be on County premises but stand ready to
immediately report for duty and must arrange so that
his/her superior can reach him/her on ten (10) minutes
notice or less. Employees who are assigned in writing to
on-call status and are carrying pagers will be
DSA RANK & FILE - 35 - 1998 2001 MOU
SECTION 10 - WORK SCHEDUUNG
compensated at the rate of $200 per week or 8 hours
compensatory time off for each full week (7 days) of on-
call assignment, the method of compensation will be
determined by mutual agreement between the department
and the individual employee.
SECTION 10 - WORK SCHEDULING
10.1 Shift Assignment Scheduling. The following
definitions shall. be used for shift assignment scheduling
only:
a. Assignment. The appointment or direction to work
a particular shift, as defined herein.
b. Bidding System_. The manner in which
assignments to shifts are determined pursuant to
provisions of this MOU.
C. Shifts. A regularly assigned tour of duty with an
established starting and ending time for each
work day.
d. Seniority. An employee's seniority within a class
shall be determined by the length of continuous
employment in that class.
10.2 Patrol, Detention, Technical Services, and
Court Security Division Scheduling. The policy and
procedures for establishing a work schedule for Deputies
and Sergeants assigned to the Detention Division and
Patrol Division (including Contract Cities), and Dispatchers
ncA RANK R FII F _ 36 - 1998 - 2001 MOU
SECTION 10- WORK SCHEDULING
and Supervising Dispatchers assigned to the Technical
Services Division, and Sheriffs Aides assigned to the
.Detention Division, will be as follows:
a. Length of Shifts. The bidding for shifts shall take
place on a quarterly basis. The shift periods will
be:
January-March; April-June; July-September;
October-December.
b. Selection of Shifts. Personnel shall bid for their
shifts and days off based on their seniority. In the
Patrol Division, personnel shall also bid for a
particular sub-station based on their seniority.
C. Transfers.
1 . Personnel transferred into Patrol or
Detention Division following the
establishment of the sign-up will be assigned
to a vacant slot.
2. A reassignment of patrol personnel from one
substation to another does not constitute a
transfer.
3. All sergeants receiving notification of an
interdivisional transfer will be allowed to sign
up for the next full schedule in their division.
If the notification of transfer is made after a
sign-up has started but not completed or
DSA RANK & FILE - 37 - 1998-2001 MOU
SECTION 10 • WORK SCHEDULING
implemented, the transferee will be assigned
to a vacant slot.
d. Exceptions. The Sheriff reserves the right to
make exceptions and assign shifts as necessary
in the following circumstances:
1 . Emergency situations that may arise.
2. To correct an obvious imbalance in the
experience level of personnel assigned to
any given shift.
3. To assign personnel to certain shifts. These
are personnel assigned to certain specialized
duties including, but not necessarily limited
to those assigned as:
a) Canine handlers
b) Marine patrol personnel
c) Relief Shift personnel
d) Special Weapons & Tactics team
members
e) Supply and Services Deputy
f) Bus Drivers
g) Dispatch Training supervisor
nce aeNK R FIi F - OAR - 1998 - 2001 MOU
SECTION 10- WORK SCHEDULING
h) Data Base Maintenance Dispatcher
The present practice of choosing persons for
specialized positions shall continue in part as
memorialized by the memorandum labeled
"Specialized Assignments", executed by the
Sheriff on June 17, 1985 shown herein as
Exhibit A.
4. To provide for retraining of any personnel
whose job performance is substandard or
unsatisfactory.
5. To compensate for vacancies, absences due
to injury, illness, leave of absence or
emergency leave.
6. In any circumstances where the duties and
responsibilities of the office cannot be carried
out without adjusting work schedules.
e. Detention Division Transfer Policy.
1 . Newly hired Deputy Sheriffs are assigned to
the Detention Division for a maximum of
thirty-three (33) months and are then
transferred to the Patrol Division.
2. To balance staffing needs, Deputy Sheriffs
may be transferred to the Detention Division
in order of reverse "Detention Seniority";
persons with the least amount of Detention
DSA RANK & FILE - 39 - 1998-2001 MOU
SECTION 90 - WORK SCHEDULING
Division seniority being at the top of the
transfer list.
3. A Deputy Sheriff who has completed his/her
initial assignment in 'Detention and is
subsequently transferred to Detention will be
assigned a maximum of eighteen (18)
months, unless the Deputy requests an
extension and that extension is approved by
the Detention Division Commander.
4. A Deputy Sheriff with 20 years seniority as a
Deputy Sheriff with Contra Costa County is
exempt from mandatory transfer to the
Detention Division, except as provided in 5.
below.
5. A Deputy assigned to a contract city is
exempt from mandatory transfer to the
Detention Division during the first four (4)
years of assignment to the city. If, during the
first four (4) years of city assignment the
deputy would have been scheduled to
transfer to the Detention Division, that
transfer is deferred until completion of the
four (4) year assignment. A deputy who
reaches his/her 20th year of department
seniority during this "deferred transfer" status
does not become exempt from rotation to
Detention, and will be required to serve up to
an 18-month assignment in Detention. .
DSA RANK & FILE - 40 - 1998 - 2001 MOU
SECTION 10- WORK SCHEDULING
f. Court Security Division Transfer Policy. A Deputy
assigned to the Court Security Division is exempt
from mandatory'transfer to the Detention Division
during the first three (3) years of assignment to
the Court. If, during the first three (3) years of
Court assignment the deputy would have been
scheduled to transfer to the Detention Division,
that transfer is deferred until completion of the
three (3) year assignment. A Deputy who reaches
his/her twentieth (201) year of department
seniority during this "deferred transfer" status
does not become exempt from rotation to
Detention and will be required to serve up to an
eighteen (18) month assignment in Detention.
10.3 Transportation Bureau. With regard to
assignments to the Transportation Bureau, the
Department may require an eighteen (18) month minimum
assignment. The Department will use the Selection
Committee procedures, on a Department-wide basis, for
filling the positions. The current practices involving the
requirement that new personnel acquire and maintain a
Class B license, and County provision of time and costs
for such acquisition and maintenance (e.g., release time
and medical tests) shall continue.
10.4 Investigation Division Home Garag, ft. All
employees in this bargaining unit assigned to the
Investigation Division will be allowed to home garage their
assigned automobiles. It is understood that the
Department will establish reasonable written policy and
procedures consistent with County policy and operational
needs.
OSA RANK & FILE -41 - '1998-2001 MOU
SECTION 10 - WORK SCHEDULING
10.5 Investigations Division Scheduling. All sworn
personnel assigned to Investigations shall work a
standard, five-day forty (40) hour work week.
10.6 Classification Scheduling. All sworn personnel
assigned to Classification shall work a five-day forty (40)
hour work week.
10.7 Internal Affairs Scheduling. Sworn personnel
assigned to Internal Affairs shall work a standard five-day
forty (40) hour work week.
10.8 Marine Patrol Scheduling. Sworn personnel
assigned to Marine Patrol shall work the following
schedule:
November 1. through March 30: Standard five-day work week.
April 1 through October 31 : Four-day ten hour schedule.
10.9 Selection of Shifts. Personnel may bid within
their assigned team for starting times by seniority.
10.10 Length of Shift. Shifts shall be bid upon, within
each team, quarterly.
10.11 Transfers. Except in unusual conditions,
transfers will take effect on the first Monday of a calendar
quarter to coincide with shift changes in the Patrol
Division. Newly assigned personnel shall fill an open
position and will be subject to that position's starting time
until the next quarterly shift sign-up.
DSA RANK & FILE _ 42 - 1998 - 2001 MOU
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
10.12 Court Security/Detention Time. Deputy Sheriffs
assigned to the Court Services Division will no longer
receive Detention credit.
SECTION 11 - SENIORITY. WORKFORCE REDUCTION,
LAYOFF & REASSIGNMENT
11.1 Workforce Reduction. In the event that funding
reductions or shortfalls in funding occur in a department or
are expected, which may result in layoffs, the department
will notify the Association and take the following actions:
a. Identify the classification(s) in which position
reductions may be required due to funding
reductions or shortfalls.
b. Advise employees in those classifications that
position reductions may occur in their
classifications.
C. Accept voluntary leaves of absence from
employees in those classifications which do not
appear to be potentially impacted by possible
position reductions when such leaves can be
accommodated by the department.
d. Approve requests for reduction in hours, lateral
transfers, and voluntary demotions to vacant,
funded positions in classes not scheduled for
layoffs within the department, as well as to other
departments not experiencing funding reductions
DSA RANK & FILE -43 - 1998-2001 MOU
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
or shortfalls when it is a viable operational
alternative for the department(s).
e. Review various alternatives which will help
mitigate the impact of the layoff by working
through the Tactical Employment Team program
(TET) to:
1 . Maintain an employee skills inventory bank
to be used as a basis for referrals to other
employment opportunities.
2. Determine if there are other positions to
which employees may be transferred.
3. Refer interested persons to vacancies which
occur in other job classes for which they
qualify and can use their layoff eligibility.
4. Establish workshops to aid laid off
employees in areas such as resume
preparation, alternate career counseling, job
search strategy, and interviewing skills.
f. When it appears to the Department Head and/or
Labor Relations Manager that the Board of
Supervisors may take action which will result in
the layoff of employees in a representation unit,
the Labor Relations Manager shall notify the
Association of the possibility of .such layoffs and
shall meet and confer with the Association
regarding the implementation of the action.
nSA RANK R FILE -44 - 1998 - 2001 MOU
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
1102 Separation Through Layoff.
A. 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).
B. Order of Lavoff. 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.
C. Layoff By Displacement.
1 . 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.
2. 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
OSA RANK & FILE - 45 - 1998-2001 MOU
SECTION 1 I -SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
the class of an employee having less
seniority; the least senior employee being
displaced first, and so on with senior
displaced employees displacing junior
employees.
D. Particular Rules on Displacing.
1 . Permanent-intermittent and permanent part-
time employees may displace only
employees holding permanent positions of
the same type respectively.
2. A permanent full time employee may
displace any intermittent or part-time
employee with less seniority 1 ) in the same
class, or 2) in a class of the same or lower
salary level if no full time employee in a class
at the same or lower salary level has less
seniority than the displacing employees.
3. Former permanent full time employees who
have voluntarily become permanent part-
time employees for the purpose of reducing
the impact of a proposed layoff with the
written approval of the Director of Human
Resources or designee retain their
permanent full time employee seniority rights
for layoff purposes only and may in a later
layoff displace a full time employee with less
seniority as provided in these rules.
nce ReNK R FII F - 46 - 1998 - 2001 MOU
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
E. Seniority. An employee's seniority within a class
for layoff and displacement purposes shall be
determined by adding the employee's length of
service in the particular class in question to the
employee's length of service in other classes at
the same or higher salary levels as determined
by the salary 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 (5%) of
the former class shall carry the seniority accrued
in the former class into the new class.
Employees reallocated to a new deep class upon
its initiation or otherwise reallocated to a deep
class because the duties of the position occupied
are appropriately described in the deep class
shall carry into the deep class the seniority
accrued or carried forward in the former class
and seniority accrued in other classes which have
been included in the deep class.
Service for layoff and displacement purposes
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 period of layoff eligibility.
OSA RANK & FILE - 47 - 1998-2001 MOU
SECTION 1 I - SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
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.
F. Eligibility for Layoff List. Whenever any person
who has permanent status is laid off, has been
displaced, has been demoted by displacement or
has voluntarily demoted in lieu of layoff or
displacement, or 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.
G. Order of Names on Layoff. First, layoff lists shall
contain the names of persons laid off, displaced,
or demoted as a result of a layoff or
displacement, 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
n.RA RANK R FILE - 48 - 1998 - 2001 MOU
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
that where there is a class seniority tie between
persons laid off from different departments, the
tie(s) shall be broken by length of last continuous
permanent County employment with remaining
ties broken by random selection among the
employees involved.
H. Duration of Layoff and Reemplovment Rights.
The name of any person granted reemployment
privileges shall continue on the appropriate list for
a period of two (2) years. Persons placed on
layoff lists shall continue on the appropriate list
for a period of four (4) years.
I. Certification of Persons From Layoff Lists. Layoff
lists contain the name(s) of person(s) laid off,
displaced or demoted by displacement or
voluntarily demoted in lieu of layoff or
displacement or transferred in lieu of layoff or
displacement. When a request for personnel is
received from the appointing authority of a
department from which an eligible(s) was laid off,
the appointing authority shall receive and appoint
the eligible highest on the layoff list from the
department. When a request for personnel is
received from a department from which an
eligible(s) was not laid off, the appointing
authority shall receive and appoint the eligible
highest on the layoff list who shall be subject to a
probationary period. A person employed from a
layoff list shall be appointed at the same step of
DSA RANK & FILE - 49 - 1998-2001 MOU
SECTION 11 - SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
the salary range the employee held on the day of
layoff.
J. Removal of Names from Reemployment & Layoff
Lists. The Director of Human Resources may
remove the name of any eligible from a
reemployment or layoff list for any reason listed
below:
1 . For any cause stipulated in Section 404.1 of
the Personnel Management Regulations.
2. On evidence that the eligible cannot be
located by postal authorities.
3. On receipt of a statement from the
appointing authority or eligible that the
eligible declines certification or indicates no
further desire for appointment in the class.
4. If three (3) offers of permanent appointment
to the class for which the eligible list was
established have been declined by the
eligible.
5. If the eligible fails to respond to the Director
of Human Resources or the appointing
authority within ten (10) days to written
notice of certification mailed to the person's
last known address.
nce aeNK R. mi g: - sn - -ioost _ ,>nni mm i
SECTION II - SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
6. If the person on the reemployment or layoff
list is appointed to another position in the
same or lower classification, the name of the
person shall be removed.
7. However, if the first permanent appointment
of a person on a layoff list is to a lower class
which has a top step salary lower than the
top step of the class from which the person
was laid off, the name of the person shall not
be removed from the layoff list. Any
subsequent appointment of such person
from the layoff list shall result in removal of
that person's name.
K. Removal of Names from Reemplovment and
Layoff Certifications. The Director of Human
Resources may remove the name of any eligible
from a reemployment or layoff certification if the
eligible fails to respond within five (5) days to a
written notice of certification mailed to the
person's last known address.
11 .3 Notice. The County agrees to give employees
scheduled for layoff at least ten (10) work days notice prior
to their last day of employment.
11 .4 Special Employment Lists. The County will
establish a TET Employment Pool which will include the
names of all laid off County employees. Special
employment lists for job classes may be established from
the pool. Persons placed on a special employment list
DSA RANK & FILE - 51 - 1998-2001 MOU
SECTION 12 - HOUDAYS
must meet the minimum qualifications for the class. An
appointment from such a list will not affect the individual's
status on a layoff list(s).
11 .5 Reassignment of Laid Off Employee...
Employees who displaced within the same classification
from full time to part-time or intermittent status in a layoff,
or who voluntarily reduced their work hours to reduce the
impact of layoff, or who accepted a position of another
status than that from which they were laid off upon referral
from the layoff list, may request reassignment back to their
pre-layoff status (full time or part-time or increased hours).
The request must be in writing in accord with each
department's reassignment bid or selection process. .
Employees will be advised of the reassignment procedure
to be followed to obtain reassignment back to their former
status at the time of the workforce reduction. The most
senior laid off employee in this status who requests such a
reassignment will be selected for the vacancy; except
when a more senior laid off individual remains on the layoff
list . and has not been appointed back to the class from
which laid off, a referral from the layoff list will be made to
fill the vacancy.
SECTION 12 - HOLIDAYS
12.1 Holidays Observed. The County will observe the
following holidays:
January 1 st, known as New Year's Day
Third Monday in January, known as Dr. M. L. King, Jr. Day
February 12th, known as Lincoln's Birthday
nce aetuv it gm g= _ %9 - 144R - 7(1(11 mot
SECTION 12 - HOUDAYS
Third Monday in February, known as President's Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
September 9th, known as Admission Day
Second Monday in October, known as Columbus Day
November I I th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by
resolution designate as holidays.
12.2 Application of Holiday Credit. The following
provisions indicate how holiday credit is to be applied:
a. Employees on the five-day forty (40) hour
Monday through Friday work schedule shall be
entitled to a holiday whenever a holiday is
observed pursuant to the schedule cited above.
b. Employees on a work schedule other than
Monday through Friday shall be entitled to a
credit for any holiday, whether worked or not,
observed by employees on the regular schedule;
conversely, such employees will not receive
credit for any holiday not observed by employees
on the regular schedule even though they work
the holiday.
C. Permanent full time employees will be paid one
and one-half (1-1/2) times their basic salary rate
for holidays actually worked.
OSA RANK & FILE - 53 - 1998-2001 MOU
SECTION 12 - HOLIDAYS
The purpose of this plan is to equalize holidays
between employees on a 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 MOU.
If any holiday listed in Section 12.1 . above falls
on a Saturday, it shall be celebrated on the
preceding Friday. If any holiday listed in Section
12.1 . falls on a Sunday, it shall be celebrated on
the following Monday.
d. Personnel represented by the DSA who are in the
following assignments on Columbus Day,
Admission Day or Lincoln's Birthday, will not
celebrate a holiday on those days, but will accrue
personal holiday credits:
Investigation Division (except Orinda contract officers)
Criminalistics Division
Administration Division
Coroner's Division (Sergeant only)
Detention Division (Bureau of Administrative Services only)
Technical Services Division (Civil Unit)
Employees will accrue eight (8) hours of personal
holiday credit for each of the three days
DSA RANK & FILE - 54 - 1998 - 2001 MOU
SECTION 92 - HOLIDAYS
(Columbus Day, Admission Day and Lincoln's
Birthday) on which they are in the above
assignments. The credit will be accrued on the
last day of the month in which these days occur.
. No employee may accrue more than forty (40)
hours of personal holiday credit beginning
January 1 , 1988; this accrual is in addition to that
provided in Section 12.5. On separation from
County service, an employee shall be paid for
any unused personal holiday credits at the
employee's then current rate of pay.
e. All Court Security Division personnel shall
celebrate a holiday on Columbus Day and
Admission Day. Lincoln's Birthday will be a
mandatory training day for which employees will
receive eight (8) hours of personal holiday credit.
12.3 Permanent Part-Time Employees. Permanent
part-time employees shall receive holiday credit in the
same ratio to the holiday credit given full time employees
as the number of hours per week in the part-time
employee's 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.
Permanent part-time and permanent-intermittent
employees who work on a holiday shall receive overtime
pay or compensatory time credit for all hours worked, up to
a maximum of eight (8).
12.4 4-10 Shift Holidays.
A. Holiday Shift Pay. Each "4-10" shift employee
who works a full shift on a holiday shall receive
DSA RANK & FILE - 55 - 1998-2001 MOU
SECTION 12 - HOLIDAYS
time and one-half for the first eight (8) hours
worked in addition to two (2) hours regular pay for
the holiday.
Holiday shift pay shall be subject to provisions of
Section 7 - Overtime .
B. Absence on Holiday. The maximum time charged
to sick leave, vacation or leave without pay on a
holiday shall be two (2) hours.
12.5 Accrual of Holiday Compensation Time.
Employees entitled to overtime credit in positions which
work around the clock shall be permitted to elect between
pay at the overtime rate or compensatory time off in
recognition of holidays worked, except that for the first two
(2) years of employment sworn employees hired in
classifications represented by the DSA after October 1 ,
1982 will be required to receive compensatory time in lieu
of paid holiday overtime. Such compensatory time off, and
the accumulation thereof shall be in addition to the total
vacation accumulation permitted under the terms of this
MOU. The following procedures shall apply to this
selection:
a. Any person who is eligible and who elects to
accrue holiday time must agree to do so for a full
fiscal year (July 1 through June 30), or the
remainder thereof, unless otherwise specified by
the Board.
b. Holiday time shall be accrued at the rate of one
and one-half (1-1/2) times the actual hours
OSA RANK & FILE - 56 - 1998 - 2001 MOU
SECTION 12-HOLIDAYS
worked to a maximum of eight (8) hours worked
by the employee.
C. Holiday time may not be accumulated in excess
of two hundred eighty-eight (288) working hours.
Holiday time may be accrued up to 288 hours,
exclusive of regular vacation accruals. After 288
hours, holiday time shall be paid at the overtime
rates as specified in Section 7.
d. Accrued holiday time may be taken off at times
determined by mutual agreement of the
employee and the department head.
e. Accrued holiday time shall be paid off only upon a
change in status of the employee such as
separation, transfer to another department or
reassignment to a permanent-intermittent
position.
f. Employees with three (3) or four (4) years of
service as a Deputy Sheriff by November 1 , 1987
may utilize up to five days of accrued holiday time
in conjunction with their earned two (2) week
vacation.
The Sheriffs Department will continue its present
policy of reviewing requests made by employees
for a cashout of holiday compensatory time off
credits under exigent circumstances and where
appropriate will recommend to the County
Administrator that such request be granted. If the
County Administrator agrees with the
nqe RANK R Fii F - 57 - 1998-2001 MOU
SECTION 13 - VACATION LEAVE
Department's recommendation, he will send the
request to the Auditor-Controller's Office for
payment. It is understood that the decision of the
Sheriff-Coroner and/or the decision of the County
Administrator are not subject to the grievance
procedure.
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 permanent 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 MOU. Vacation credits may
be taken in 1/10 hour (6 minute) increments but 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.
DSA RANK & FILE - 58 - 1998 - 2001 MOU
SECTION 13 - VACATION LEAVE
13.2 Vacation Accrual Rates. For employees hired
prior to January 1 , 1983 the rates at which vacation credits
accrue and the maximum accumulation thereof are as
follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 11 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
For employees hired on or after January 1 , 1983, the rates
at which vacation credits accrue, and the maximum
accumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 5 years 6-2/3 160
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
OSA RANK & FILE - 59 - '1998-2001 MOU
SECTION 13 - VACATION LEAVE
Effective July 1 , 1992 for employees regularly assigned
and working in the Detention Division, the rates at which
vacation credits accrue, and the maximum accumulation
thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 1 year 6-2/3 160
1 year 7-1/3 176
2 years 8 192
3 years 8-2/3 208
4 years 9-1/3 224
5 through 10 years 10 240
11 years 10-2/3 256
12 years 11-1/3 272
13 years 12 288
14 years 12-2/3 304
15 through 19 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
If an employee with less than five (5) years service is
regularly assigned and working in the Detention Division
and transferred to another division, that employee shall
continue to accrue vacation credits at the same rate
he/she was accruing when transferred until he/she attains
his/her fifth year anniversary date in which case the
employee will accrue at the rates specified above. If the
employee returns to the Detention Division on a regularly
assigned basis, he/she will accrue vacation at the above-
specified rates while so assigned.
nce 1998 - 2001 MOU
. SECTION 13 - VACATION LEAVE
13.3 Accrual During Leave Without Pay. 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 Pro-rated Accruals. 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.
13.6 Vacation Leave on Reemployment from a
Layoff List. Employees with six (6) months or more
service in a permanent position prior to their layoff, who
are employed from a layoff list, shall be considered as
having completed six (6) months tenure in a permanent
position for the purpose of vacation leave. The appointing
authority or designee will advise the Auditor-Controller's
Payroll Unit in each case where such vacation is
authorized so that appropriate Payroll system override
actions can be taken.
13.7 Recovery of Vacation Accrual
Overpayments/Underoavments. Effective October 1 ,
1997, any and all future underpayments of vacation
accruals will be corrected and restored retroactively for up
to a three (3) year period from the date of the discovery of
ncA DANK R FII F - 67 - 1998-2001 MOU
SECTION 13 - VACATION LEAVE
the error. Upon authorization from the Labor Relations
Manager, the County Auditor-Controller's Payroll Division
will make the necessary adjustments to credit said
employee with the correct amount of vacation accruals
due.
In the event restoration of vacation accruals results in an
amount which is equal to or above maximum cumulative
accruals allowed, the amount restored will be carried and
tracked by the employee's department on an informal
basis. It is the employee's responsibility to use said hours
before or in tandem with his/her official vacation leave
prior to an agreed-upon date, but no later than one (1 )
year from the date of the agreement between the
employee and the department. At that time, any remaining
restored hours carried on an informal basis will be lost.
Effective October 1 , 1997, any an all future overpayments
of vacation accruals will be corrected and recouped by the
County retroactively for up to a three (3) year period from
the date of the discovery of the error. The employee will
repay the County the amount of vacation accruals due by
allowing the County to deduct the amount of overpaid
vacation accruals from the employee's current vacation
accruals. If the employee's vacation accruals are not
sufficient to cover the overpayment, personal holiday and,
if applicable, administrative leave accruals will be used. If
the aforementioned accruals are not sufficient to cover the
overpayment, the County will withhold future vacation
accruals until the overpayment has been recouped.
When the County notifies an employee of an overpayment
and proposed repayment schedule, and the employee
n.RA RANK R FILE - 62 - 1998 - 2001 MOU
SECTION 14 - SICK LEAVE
wishes to meet with the County, a meeting will be held at
which time a repayment schedule shall be determined.
13.8 Maximum Vacation Accrual. The Department
agrees to schedule vacations to prevent loss of accrued
and accruing vacation provided that the individual
employee gives sixty (60) calendar days advance written
notice to the Division Commander that he/she is
approaching his/her maximum accrual.
SECTION 14 - SICK LEAVE
14.1 Purpose. 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 Accrual. 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-tenth (1/10) 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
OSA RANK & FILE - 63 - 1998-2001 MOU
SECTION 14 - SICK LEAVE
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
(1 ) day of retirement service credit for each day of
accumulated sick leave credit.
Accumulated paid sick leave credits may be used, subject
to appointing authority approval, by an employee in pay
status, but only in the following instances:
a. An employee may use paid sick leave credits
when the employee is off work because of a
temporary illness or injury.
b. Sick leave may be used by permanently disabled
employees until all accruals of the employee
have been exhausted or until the employee is
retired by the Retirement Board subject to the
conditions listed below. For the purposes of this
Section 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
nc w u A ute st_ c11 c _ Rd _ 199R - M11 MOU
SECTION 14 - SICK LEAVE
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
communicable disease.
d. Sick Leave Utilization for Pregnancy Disability.
Every female employee shall be entitled to at
least four (4) 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
DSA RANK & FILE - 65 - 1998 2001 MOU
SECTION 14 - SICK LEAVE
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 recovery therefrom, the
employee shall be required to undergo a
physical examination by a physician selected
by the County, and the cost of such
examination shall be borne by the County.
Should the medical report so recommend, a
mandatory leave shall be imposed upon the
employee for the duration of the disability.
3. If all accrued sick leave has been utilized by
the employee, the employee shall be
considered on leave without pay. Sick leave
may not be utilized after the employee has
been released from the hospital unless the
employee has provided the County with a
written statement from her attending
physician stating that her disability continues
r%C w o A Nk � cit C _ RR _ 1998 - 2001 MOU
SECTION 14 - SICK LEAVE
and the projected date of the employee's
recovery from such disability.
e. Medical and Dental Appointments. An employee
may use paid sick leave credits for medical and
dental appointments as follows:
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. Emeraencv Care of Family. An employee may
use paid sick leave for working time used in
cases of illness, or injury to, an immediate family
new DAMW Q 1=11 C _ A7 - 1AAR7nAI Moll
SECTION 14 - SICK LEAVE
member living in the employee's home, or for
children and parents who may reside outside of
the employee's home.
g. Death of Familv Member. An employee may use
said sick leave credits for absence from work
because of a death in the employee's immediate
family, but this shall not exceed three (3) working
days plus up to two (2) days of work time for
necessary travel.
h. Definition of Immediate Family. For the purposes
of this Section 14 the immediate family shall be
restricted to the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother,
stepmother, brother, sister, grandparent,
grandchild, father-in-law, mother-in-law, son-in-
law, daughter-in-law, brother-in-law or sister-in-
law, of an employee.
14.3 Administration of Sick Leave. Accumulated
paid sick leave credits may not be used in the following
situations:
a. Self-inflicted Iniu[y. For time off from work for an
employee's illness or injury caused by his or her
willful misconduct.
b. Vacation. For an employee's illness or injury
while the employee is on vacation except when
extenuating circumstances exist and the
appointing authority approves.
DSA RANK & FILE - 68 - 1998 - 2001 MOU
SECTION 14 - SICK LEAVE
C. Not in Pav 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
personal or family medical and dental
appointments.
The use of sick leave may be denied if these procedures
are not followed. Abuse of sick leave on the part of the
employee is cause for disciplinary action. 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.
nSA RANK & FILE - 69 - 1998-2001 MOU
SECTION 14 - SICK LEAVE
14.4 Sick Leave/Absenteeism.
A. Before an employee is placed in a corrective
counseling phase for absenteeism, there shall be
an informal discussion between a representative
of management, a designated representative of
the Association and the affected employee, on
the issue. Recordkeeping shall be informal, only
reflecting the date of the meeting and the
participants. However, with regards to these
meetings, the Department may maintain
anonymous statistical information on the success
of the program.
B. The Department shall centralize the
administration of its sick leave/absenteeism
program.
14.5 Disability.
A. An employee physically or mentally incapacitated
for the performance of duty is subject to
dismissal, suspension or demotion, subject to the
County Employees Retirement Law of 1937. An
appointing authority after giving notice may place
an employee on leave if the appointing authority
has filed an application for disability retirement for
the employee, or whom the appointing authority
believes to be temporarily or permanently
physically or mentally incapacitated for the
performance of the employees duties.
ncn penile A =ii = - 7n - 4Qwt _ 7nn1 mni l
SECTION 14 - SICK LEAVE
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 examination by a licensed
physician or psychologist and receive a report of
the findings on such examination. If the
examining physician or psychologist recommends
that treatment for physical or mental health
problems, including leave, are in the best
interests of the employee or the County in
relation to the employee overcoming any
disability and/or performing his or her duties the
appointing authority may direct the employee to
take such leave and/or undergo such treatment.
C. Leave due to temporary or permanent disability
shall be without prejudice to the employee's right
to use sick leave, vacation, or any other benefit to
which the employee is entitled other than regular
salary. The Director of Human Resources 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 (2)
weeks in duration, the appointing authority may
nQw venJK R- =It P - 71 - '1998-2001 MOU
SECTION 14 - SICK LEAVE
order the employee to undergo at County
expense a physical, medical, and/or psychiatric
examination by a licensed physician or
psychologist, 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 MOU.
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;
DSA RANK & FILE - 72 - 1998 -2001 MOU
SECTION 14 - SICK LEAVE
5. a statement that the employee has until a
specified date (not less than seven (7) work
days from personal delivery or mailing of the
notice) to respond to the appointing authority
orally or in writing.
F. Pending response to the notice the appointing
authority for cause specified in writing may place
the employee on a 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 Human Resources
to the Merit Board. Alternatively, the employee
may file a written election with the Director of
DSA RANK & FILE - 73 - 1998-2001 MOU
SECTION 14 - SICK LEAVE
Human Resources waiving the employee's right
to appeal to the Merit Board in favor of appeal to
a Disability Review Arbitrator.
J. In the event of an appeal either to the Merit Board
or the Disability Review Arbitrator, the employee
has the burden of proof to show that either:
1 . the physical or mental health condition cited
by the appointing authority does not exist, or
2. the physical or mental health condition does
exist, but it is not sufficient to prevent,
preclude, or impair the employee's
performance 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
Human Resources to the Merit Board for hearing
under the Merit Board's Procedures, Section
1114-1128 inclusive. Medical reports submitted in
evidence in such hearings shall remain
confidential 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 de facto arbitrator, or a physician, or a
rehabilitation specialist, or some other recognized
DSA RANK & FILE - 74 - 1998 - 2001 MOU
SECTION 14 - SICK LEAVE
specialist mutually selected by the parties. The
arbitrator shall hear and review the evidence. The
decision of the Disability Review Arbitrator shall
be binding on both the County and the employee.
1 . Scope of the Arbitrator's Review.
a. The arbitrator may affirm, modify or
revoke the leave of absence or
suspension.
b. The arbitrator may make his decision
based only on evidence submitted by
the County and the employee.
c. The arbitrator may order back pay or
paid sick leave credits for any period of
leave of absence or suspension if the
leave or suspension is found not to be
sustainable, subject to the employee's
duty to mitigate damages.
d. The arbitrator's fees and expenses shall
be paid one-half by the County and one-
half by the employee or employee's
association.
14.6 Workers' Compensation.
A. State Labor Code 4850 Pay. Law enforcement
officers as defined in State Labor Code 4850 who
are members of the Contra Costa County
Retirement System continue to receive full salary
benefits in lieu of temporary disability during any
DSA RANK & FILE - 75 - 1998-2001 MOU
SECTION 14 - SICK LEAVE
absence from work which qualifies for Workers'
Compensation benefits.
Currently, the maximum 4850 pay is one (1 ) 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
County Administrator's Office, Risk Management
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 Inte4ra�tion. 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'
nce 76 _ 1998 - 2001 MOU
' SECTION 94 - SICK LEAVE
Compensation rehabilitation temporary disability
benefits. When these accruals are exhausted, the
rehabilitation temporary disability 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 benefits.
F. Intearation Formula. 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 hrs.)
W = Statutory Workers' Compensation for a month
S = Monthly salary
14.7 Workers' Compensation & Continuing Pay for
Non-Sworn Employees.
A. Waiting Period.
1 . Employees who leave work as a result of an
on the job injury will have the balance of that
day charged to sick leave and/or vacation
accruals. This will be considered as the last
day worked for purposes of determining
Workers' Compensation benefits.
DSA RANK & FILE - 77 - 1998-2001 MOU
SECTION 14 - SICK LEAVE
2. Three (3) consecutive calendar days
following the last day worked constitutes a
waiting period before Workers'
Compensation starts. The time the employee
is scheduled to work during this waiting
period will be charged to the employee's sick
leave and/or vacation accruals. In order to
qualify for Workers' Compensation the
employee must be under the care of a
physician. Temporary 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.
1 . A permanent employee shall receive 88% of
regular monthly salary during any period of
compensable temporary disability absence
not to exceed one year. For accepted claims
on or after January 1 , 1997, the percentage
of pay for employees entitled to Workers'
Compensation shall be decreased from 88%
to 87%. For accepted claims on or after
January 1 , 2000, the percentage of pay for
employees entitled to Workers'
Compensation shall be decreased from 87%
to 86%. "Compensable temporary disability
absence" for the purpose of this Section, is
any absence due to work connected
disability which qualifies for temporary
disability compensation under Workers'
Compensation Law set forth in Division 4 of
DSA RANK & FILE - 78 - 1998 - 2001 MOU
SECTION 14 - SICK LEAVE
the California Labor Code. When any
disability becomes medically permanent and
stationary, the salary provided by this
Section shall terminate. The employee shall
return to the County all temporary disability
payments received by him from any County
funded Workers' Compensation or other
County wage replacement program. No
charge shall be made against sick leave or
vacation for these salary payments. Sick
leave and vacation rights shall not accrue for
those periods during which continuing pay is
received.
The maximum period of continuing pay for
any one injury or illness shall be up to one
(1 ) year from the date of temporary disability.
If Workers' Compensation becomes taxable,
the County agrees to restore the benefit to
(100% of monthly salary).
2. Continuing pay begins at the same time that
temporary Workers' Compensation starts
and continues until the temporary disability
ends, or until one (1 ) year from the date of
temporary disability payments, 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, suspension
or any other action that determines the
employee is no longer employed by the
DSA RANK & FILE - 79 - 1998-2001 MOU
SECTION 14 - SICK LEAVE
County. In these instances, employee will be
paid Workers' Compensation benefits as
prescribed by Workers' Compensation laws.
All continuing pay will be cleared through the
County Administrator's Office, Risk
Management Division.
C. Whenever an employee who has been injured on
the job and has returned to work is required by an
attending physician to leave work for treatment
during working hours the employee shall be
allowed time off up to three (3) hours for such
treatment without loss of pay or benefits. This
provision applies only to injuries/illnesses that
have been accepted by the County as a job
connected injury.
D. Full Pay Beyond One Year. If an injured
employee remains eligible for temporary disability
beyond one (1 ) year, the employee's 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 will continue to receive his/her
applicable salary by integrating sick leave and/or
nc a P a m< R FII F - AO - 1998 - 2001 MOU
SECTION 14 - SICK LEAVE
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
14.8 Labor-Management Committee. 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.
14.9 Accrual During Leave Without Pay. 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.
DSA RANK & FILE - 81 - 1998-2001 MOU
SECTION 15 - LEAVE OF ABSENCE
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, pregnancy disability, serious
health conditions, and family care shall be granted in
accordance with applicable state and federal law.
15.2 General Administration - Leaves of Absence.
Requests for leave without pay shall be made upon forms
prescribed by the Director of Human Resources and shall
state specifically the reason for the request, the date when
it is desired to begin the leave and the probable date of
return.
A. Leave without pay may be granted for up to one
(1 ) year for any of the following reasons:
1 . Illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will
increase the employee's usefulness on
return to the position;
5. for other reasons or circumstances
acceptable to the appointing authority.
DSA RANK & FILE - 82 - 1998 -2001 MOU
SECTION 15 - LEAVE OF ABSENCE
B. An employee should request a leave of absence
at least thirty (30) days before the leave is to
begin if the need for the leave is foreseeable. If
the need is not foreseeable, the employee must
provide written notice to the employer within five
(5) days of learning of the event by which the
need for a leave of absence arises.
C. An appointing authority may extend such leave
for additional periods. The 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.
15.3 Family Care or Medical Leave.
A. Definitions. For medical and family care leaves of
absence under Section 15, the following
definitions apply:
1 . 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.
2. Parent: A biological, foster, or adoptive
parent, a stepparent, legal guardian,
DSA RANK & FILE - 83 - 1998-2001 MOU
SECTION 15 - LEAVE OF ABSENCE
conservator, or other person standing in loco
parentis to a child.
3. Spouse: A partner in marriage as defined in
California Civil Code Section 4100.
4. 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.
5. Serious Health Condition: An illness, injury,
impairment, or physical or mental condition
which 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) and which, for family
care leave only, warrants the participation of
a family member to provide care during a
period of treatment or supervision, as
defined by state and federal law.
6. Certification for Familv 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:
a. the date, if known, on which the serious
health condition commenced;
DSA RANK & FILE - 84 - 1998 - 2001 MOU
SECTION 15 - LEAVE OF ABSENCE
b. the probable duration of the condition;
c. an estimate of the amount of time which
the employee needs to render care or
supervision;
d. a statement that the serious health
condition warrants the participation of a
family member to provide care during
period of treatment or supervision;
e. if for intermittent leave or a reduced
work schedule leave, the certification
should indicate that the intermittent
leave or reduced work schedule leave is
necessary for the care of the individual
or will assist in their recovery, and its
expected duration.
7. 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:
a. the date, if known, on which the serious
health condition commenced;
b. the probable duration of the condition;
DSA RANK & FILE - 85 - 1998-2001 MOU
SECTION 15 - LEAVE OF ABSENCE
c. a statement that the employee is unable
to perform the functions of the
employee's job;
d. if for intermittent leave or a reduced
work schedule leave, the certification
should indicate the medical necessity for
the intermittent leave or reduced work
schedule leave 'and its expected
duration.
8. 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.
B. Section 15.2 notwithstanding, upon request to the
appointing authority, in each calendar year any
employee who has permanent status shall be
entitled to, and shall be granted, at least twelve
(12) weeks leave (less if so requested by the
employee) for:
1 . 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
nen DANK R 9:11 G - RR - 1998 - 2001 MOU
SECTION 15 - LEAVE OF ABSENCE
2. 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.
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.
C. Intermittent Use of Leave. The twelve (12) week
entitlement may be in broken periods,
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, but use of such
accruals is not required beyond that specified in
Section 15.6.6 below. 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.
D. Use for Spouse. In the situation where husband
and wife are both employed by the County, the
ncA RANK & FILE - 87 - 1998-2001 MOU
SECTION 15 - LEAVE OF ABSENCE
family care or medical leave entitlement based on
the birth, adoption or foster care of a child is
twelve (12) weeks each during each calendar
year period.
15.4 Pregnancy Disability Leave. Insofar as
pregnancy disability leave is used under Section 14.2.D -
Sick Leave Utilization for Pregnancy Disability, that time
will not be considered a part of the twelve (12) week family
care leave period.
15.5 Group Health Plan Coverage.
A. During Leave of Absence. Employees who were
members of one of the group health plans prior to
commencement of their leave of absence can
maintain their health plan coverage with the
County contribution by maintaining their
employment in pay status as described in Section
15.6. In order to maintain such coverage,
employees are required to pay timely the full
employee contribution to maintain their group
health plan coverage, either through payroll
deduction or by paying the County directly.
B. During Medical or Family Care Leave. During the
twelve (12) weeks of an approved medical or
family care leave under Section 15.3 above, the
County will continue its contribution for such
health plan coverage even if accruals are not
available for use to maintain pay status as
required under Section 15.6. In order to maintain
such coverage, employees are required to pay
nQ w o A KI V P. CII C - RR - 14gR _ ,mni mni 1
SECTION 15 - LEAVE OF ABSENCE
timely the full employee contribution to maintain
their group health plan coverage, either through
payroll deduction or by paying the County
directly.
15.6 Leave Without Pay - Use of Accruals.
A. All Leaves of Absence. During the first twelve
(12) month period of any leave of absence
without pay, an employee may elect to maintain
pay status each month by using at least 0.1 hour
of available sick leave (if so entitled under
Section 14 - Sick Leave), vacation, floating
holiday, compensatory time off or other accruals
or entitlements; in other words, during the first
twelve (12) months, a leave of absence without
pay may be "broken" into segments and accruals
used on a monthly basis at the employee's
discretion. After the first twelve (12) months, the
leave period may not be "broken" into segments
and accruals may not be used, except when
required by SDI/Sick Leave Integration.
B. Family Care or Medical Leave (FMLA). During
the twelve (12) weeks of an approved medical or
family care leave, if a portion of that leave will be
on a leave of absence without pay, the employee
will be required to use at least 0.1 hour of sick
leave (if so entitled under Section 14 - Sick
Leave), vacation, floating holiday, compensatory
time off or other accruals or entitlements if such
are available, although use of additional accruals
is permitted under subsection A above.
DSA RANK & FILE - 89 - 1998 2001 MOU
SECTION 15 - LEAVE OF ABSENCE
C. Sick leave accruals may not be used during any
leave of absence, except as allowed under
Section 14 - Sick Leave.
15.7 Military Leave. Any employee who is required to
serve as a member of the State Militia or the United States
Army, Navy, Air Force, Marine Corps, Coast Guard or any
division thereof shall be granted a military leave for the
period of such service, plus ninety (90) days. An employee
who;volunteers for such service shall be granted a leave of
absence if necessary in accordance with applicable state
or federal laws. Upon the 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 Human Resources may deem
necessary.
DSA RANK & FILE - go - 1998 - 2001 MOU
SECTION 15 - LEAVE OF ABSENCE
15.8 Return From Leave of Absence.
A. Early Return. Whenever an employee who has
been granted a leave without pay desires to
return before the expiration of such leave, the
employee shall submit a request to the appointing
authority in writing at least fifteen (15) days in
advance of the proposed early return provided,
however, that less notification may be approved
at the discretion of the appointing authority or
his/her designee. Early return is subject to prior
approval by the appointing authority. The Human
Resources Department shall be notified promptly
of such return.
S. Leave of Absence Reinstatement. Any
permanent employee 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.
C. Leave of Absence Replacement. In case of
severance from service or displacement by
reason of the reinstatement of a permanent
employee returning from a leave of absence, the
provisions of Section 11 - Seniority, Workforce
Reduction, Layoff, & Reassignment Seniority
shall apply.
D. Reinstatement From Family Care or Medical
Leave of Absence. In the case of a family care or
DSA RANK & FILE - 91 - 1998-2001 MOU
SECTION 15 - LEAVE OF ABSENCE
medical leave, an employee on a 5/40 schedule
shall be reinstated to the same or comparable
position if the return to work is after no more than
ninety (90) work days of leave from the initial date
of a continuous leave, including use of accruals,
or within the equivalent on an alternate work
schedule. A full time employee taking an
intermittent or reduced work schedule leave shall
be reinstated to the same or comparable position
if the return to work on a full schedule is after no
more than 720 hours, including use of accruals,
of intermittent or reduced work schedule leave.
At the time the original leave is approved, the
appointing authority shall notify the employee in
writing of the final date to return to work, or the
maximum number of hours of leave, in order to
guarantee reinstatement to the same or
comparable position. An employee on a schedule
other than 5/40 shall have the time frame for
reinstatement to the same or comparable position
adjusted on a pro rata basis.
E. Shift Bidding. An employee who is on a leave of
absence more than thirty (30) days, or scheduled
to be on a leave of absence of more than thirty
(30) days at the time of a quarterly sign-up, shall
not be allowed to bid on a shift. Upon return, the
employee shall be placed in an available shift, at
the County's discretion.
15.9 Appeal of Denial. The decision of the appointing
authority on granting or denying leave or early return from
1998 - 2001 MOU
SECTION 16 - JURY DUTY AND WITNESS DUTY
leave shall be subject to appeal to the Director of Human
Resources and not subject to appeal through the
grievance procedure set forth in this MOU.
15.10 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.
15.11 Unauthorized Absence. An unauthorized
absence from the work site or failure to report for duty after
a leave request has been disapproved, revoked, or
cancelled by the appointing authority, or at the expiration
of a leave shall be without pay. Such absence may also be
grounds for disciplinary action.
SECTION 16 - JURY DUTY AND WITNESS DUTY
16.1 Jury Duty. For purposes of this Section, jury duty
shall be defined as any time an employee is obligated to
report to the court.
When called for jury duty, County employees, like other
citizens, are expected to discharge their jury duty
responsibilities.
Employees shall advise their department as soon as
possible if scheduled to appear for jury duty.
DSA RANK & FILE - 93 - 1998-2001 MOU
SECTION 16 - JURY DUTY AND WITNESS DUTY
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.
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:
a. 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.
b. 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.
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.
DSA RANK & FILE - 94 - 1998 - 2001 MOU
SECTION 16 - JURY DUTY AND IMTNESS DUTY
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.
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. Participants in 9/80 or 4/10 work schedules will
not receive overtime or compensatory time credit for jury
duty on their scheduled days off.
Permanent-intermittent employees are entitled to paid jury
duty leave only for those days on which they were
previously scheduled to work.
16.2 Witness Duty. Employees called upon as a
witness or an expert witness in a case arising in the
course of their work or the work of another department
may remain in their regular pay status and turn over to the
County all fees and expenses paid to them other than
mileage allowance or they may take vacation leave or
leave without pay and retain all fees and expenses.
Employees called to serve as witnesses in private cases
or personal matters (e.g., accident suits and . family
relations) shall take vacation leave or leave without pay
and retain all witness fees paid to them.
DSA RANK & FILE - 95 - 1998-2001 MOU
SECTION 17 - HEALTH, LIFE AND DENTAL CARE
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 MOU.
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. LIFE AND DENTAL CARE
17.1 Health Plan. The County will provide group
health benefits through the California Public Employees'
Retirement System (CaIPERS) for all permanent full-time
employees, and permanent part-time employees regularly
scheduled to work at least twenty (20) hours per week in
classes represented by DSA. The CaIPERS program, as
regulated by the Public Employees' Medical and Hospital
Care Act (PEMHCA), will control on all issues, including
but not limited to eligibility, benefit levels and premium
costs.
DSA acknowledges that CaIPERS Health Plan program
benefits may not be equal to benefits previously available
to their represented employees, and Consolidated
Omnibus Budget Reconciliation Act (COBRA) counterparts
through the various optional health programs previously
offered by Contra Costa County.
DSA acknowledges that notwithstanding this MOU and
during the time that it is in effect, CaIPERS may terminate
SECTION 17- HEALTH, LIFE AND DENTAL CARE
or change covered expenses, benefit payments,
copayments on covered benefits, deductibles, lifetime
and/or annual maximum limits and eligibility rules, and
may implement cost control measures as they deem
appropriate.
17.2 Contra Costa Health Plan (CCHP). Because
CCHP has met the minimum standards required under
PEMHCA and is approved as an alternative CalPERS plan
option, DSA members and COBRA counterparts may elect
to enroll in CCHP under the CalPERS plan rules and
regulations.
17.3 Health Plan Contribution. The County's
contribution to the CalPERS monthly health plan
premiums for coverage hereunder shall be as provided
below. Any increase in the Health Plan premium costs
greater than the County's contributions identified below
occurring during the duration of this MOU shall be borne
by the employee.
A. County's Contribution Effective January 1 . 1999:
The following represents the County's maximum
monthly contribution for CalPERS health plan
premiums:
Employee only: $142.98
Employee + one: $285.96
Employee + two or more: $371 .75
In the event, in whole or in part, that the above
amounts are greater than one hundred percent
DRA RANK & FILE - 97 - 1998-2001 MOU
SECTION 17- HEALTH, LIFE AND DENTAL CARE
(100%) of the applicable premium of any plan,
the County's contribution will not exceed one
hundred percent (100%) of the applicable plan
premium.
B. County's Contribution Effective January 1 . 2000
and January 1 . 2001 . Subvention rates for the
purposes of open enrollment in all PERS medical
plans will be the dollar equivalent of eighty-seven
percent (87%) of the PERS Kaiser premium at
each level (employee only, employee + one,
employee + two or more).
In the event, in whole or in part, that the above
amounts are greater than one hundred percent
(100%) of the applicable premium of any plan,
the County's contribution will not exceed one
hundred percent (100%) of the applicable plan
premium.
17.4 Dental Program. The County will continue to
offer the existing County group Dental Plans (Delta and
Safeguard A & B) to all permanent employees in classes
represented by the DSA. Effective January 1 , 2000, the
County will terminate its contract with Safeguard A & B
Dental and offer the Delta and PMI Delta Care Dental
plans.
17.5 Dental Contribution. The County's contribution
to the monthly dental plan premiums shall be as provided
below. These contributions are provided- only for
permanent full-time and permanent part-time employees
regularly scheduled to work at least twenty (20) hours per
r%Q n a n u&e D. all c _ QR _ 1 AUft - inm Mill l
SECTION 47- HEALTH, LIFE AND DENTAL CARE
week. Permanent-intermittent, provisional and permanent
part-time employees working less than twenty (20) hour
per week may enroll in a dental plan but are not entitled to
the County's contribution. Any increases in dental plan
costs greater than the County's contributions identified
below during the duration of this shall be borne by the
employee:
a. Delta and Safeguard A: The County will
contribute seventy-seven percent (77%) toward
the monthly dental premium.
b. Safeguard B: County will contribute the same
contribution as Safeguard A not to exceed the
total premium of Safeguard B.
C. Dental Only: Employees who elect dental
coverage as stated above without health
coverage will pay one cent ($.01 ) per month for
such coverage.
17.6 Orthodontic Coverage. During the term of this
MOU, employees represented by DSA may be polled. to
determine if a majority of the membership desires the
addition of an orthodontics benefit under the Delta Dental
plan. If a majority of members desire an orthodontics
benefit be made available, the County and DSA will meet
and confer on the effective date of coverage, plan design,
costs, limitations and exclusions. The costs for the added
benefit will be borne by each enrolled Delta member
whose eligibility for benefits is under DSA's program.
Payment will be made by either payroll deduction or direct
nSA RANK R FII F _ 99 - 1998-2001 MOU
SECTION 17- HEALTH, LIFE AND DENTAL CARE
pay for those members not entitled to monthly payroll
deductions.
If Safeguard is eliminated without a replacement plan that
includes an orthodontics option, the County will subvent
the Delta Dental orthodontics option at 77%.
17.7 Rate Information. The County Benefits Service
Unit will make dental plan rate information and, to the
extent possible, CaIPERS health plan rate information
available to employees and departments upon request. In
addition, the County Benefits Service Unit will publish and
distribute to employees and departments information
about rate changes as they occur during the year.
17.8 Life Insurance—Program. The County will
continue the existing County group $3000 Term Life
Insurance Plan for all permanent employees in classes
represented by DSA. Effective January 1 , 2000, the Term
Life Insurance Plan shall be increased to $7500 for
employees enrolled in either a health and/or dental plan.
17.9 Life Insurance Contribution. The County will
pay the entire premium on behalf of permanent full-time
and permanent part-time employees regularly scheduled
to work at least twenty (20) hours per week who elect
health and/or dental coverage. Permanent-intermittent,
provisional and permanent part-time employees working
less than twenty (20) hours per week may participate in
the Life Insurance Plan at their full personal expense,
which shall not exceed the County's cost, provided they
elect health and/or dental coverage.
nc n D n N k 9_ c11 _ inn _ 14gR - 7nni MOu
SECTION 17.- HEALTH, UFE AND DENTAL CARE
17.10 Premium Payments. Employee participation in
any health, dental, or life insurance plan is contingent
upon the employee authorizing payroll deduction by the
County of the employee's share of the premium cost. The
County's contribution to health plan and dental plan
monthly premiums are payable as follows:
a. CalPERS Plan (Includes Alternate CCHP Plan).
The County's contribution to the health plan
premium is payable one (1 ) month in advance. 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 amount delinquent to
the Auditor-Controller. The responsibility for this
payment rests solely with the employee.
b. Dental and Life - Insurance Plans. The County's
contribution to the dental and life insurance
premium (as described in Sections 17.5 and
17.9) is payable monthly. 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 amount delinquent to the Auditor-
Controller. The responsibility for this payment
rests solely with the employee.
17.11 Extended Coverage. An employee on approved
leave without pay shall be allowed to continue his/her
health/dental/life insurance coverage provided that the
employee shall pay their share of the monthly premium
during said leave.
n.RA RANK & FILE _ 101 - 1998-2001 MOU
SECTION 17- HEALTH, LIFE AND DENTAL CARE
An employee not eligible for continued coverage may
convert to individual health plan coverage (if available) or
continue group coverage subject to the provisions of the
Consolidated Omnibus Budget Reconciliation Act
(COBRA), plus any administrative fees, for the option
selected. The entire cost of coverage shall be paid at the
time and place specified by CalPERS for health plans and
by the County for the dental plans.
An . employee who terminates County employment is
covered through the last day of the month in which he/she
is paid for County dental plans and through the last day of
the month following the month of termination for CalPERS
plans. Employees who terminate County employment may
continue Group Health/Dental plan coverage to the extent
provided under the COBRA regulations.
17.12 Retirement Coverage. Upon retirement,
employees may, subject to plan requirements, 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.
Pursuant to CalPERS regulations, employees enrolled in
the CalPERS alternative plan (CCHP) at the time of
retirement are permanently precluded from enrolling in any
other CalPERS or County health plan.
nqA RANK & FILF - 102 - 1998 - 2001 MOU
SECTION 17 HEALTH, UFE AND DENTAL CARE
17.13 Dual Coverage.
A. CaIPERS Health Plan. Employees must adhere
to the rules as established by CalPERS.
B. Dental Plans.
1 . In the event either of a husband or wife, who
both work for the County, becomes ineligible
for coverage, the remaining eligible member
shall be allowed to (a) enroll in a dental plan,
if not currently enrolled, or (b) add the
spouse and or dependent(s) to their existing
plan coverage provided they do so within
thirty (30) days of the date coverage is no
longer afforded under the spouse's plan.
2. In the event a spouse who does not work for
the County becomes ineligible for coverage,
the County employee shall be allowed to
enroll in a dental plan, if not currently
enrolled, or add the spouse and or
dependent(s) to their existing plan coverage
provided they do so within thirty (30) days of
the date coverage is no longer afforded
under the spouse's plan and evidence of the
termination of coverage is provided by the
spouse's employer.
17.14 Employee Assistance Program. Any
County contract which provides an employee assistance
program applicable to DSA represented employees,
DSA RANK & FILE - 103 - 1998-2001 MOU
SECTION 17 - HEALTH, LIFE AND DENTAL CARE
including the present contract with Occupational Health
Services, shall include the following language:
"Records, including any information whether recorded or
not, pertaining to the identity, diagnosis or treatment of any
employee or the employee's family dependent(s) which
are maintained in connection with the performance of this
contract shall be confidential, even as to the employer,
and disclosed only under the following circumstances:
a. When disclosure is authorized with the written
and signed consent of the employee or the family
dependent(s). Such consent must state:
1 . the name of the person or organization to
whom disclosure is to be made;
2. the specific type of information to be
disclosed;
3. the purpose or need for such disclosure.
b. When an employee's records are subpoenaed
and are not otherwise protected by professional
privileged relationships, contractor will notify the
employee whose records are subpoenaed
immediately by phone, if possible, and in any
event in writing as soon as possible. Written
communication shall inform the employee of
his/her access to DSA for aid if he/she so
desires. Contractor will cooperate with employee
and/or his legal representative in asserting
confidentiality. Subpoenaed records will only be
DSA RANK & FILE - 104 - 1998 - 2001 MOU
SECTION 97 - HEALTH, LIFE AND DENTAL CARE
turned over after a court order. The employer
bears no responsibility under this paragraph.
C. Contractor agrees to operate a system of records
on individuals in accordance with all State and
Federal laws pertaining to the confidentiality of
alcohol, drug, and mental health records and the
Federal Privacy Act of 1974.
The Association is a third-party beneficiary."
17.15 Health Care Spending Account. Effective
January 1 , 1997, the County will offer regular full-time and
part-time (20/40 or greater) County employees the option
to participate in a Health Care Spending Account (HCSA)
Program designed 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 pre-determined amount of money from their
paycheck, not to exceed $2400 per year, for health care
expenses not reimbursed by any other health benefits plan
with before-tax dollars. Effective January 1 , 2000, the
amount employees may set aside from their paycheck
shall be increased from $2400 to $3000 per year. HCSA
dollars can be expended on any eligible medical expenses
allowed by Internal Revenue Code Section 125. Any
unused balance cannot be recovered by the employee.
The County will continue to offer employees the option to
participate in the existing Countywide DCAP and premium
conversion programs.
DSA RANK & FILE - 105 - 1998-2001 MOU
SECTION 18 - PROBATIONARY PERIOD
SECTION 18 - PROBATIONARY PERIOD
18.1 Lenath of Probation. Effective January 1 , 1990,
Upon initial appointment all employees will serve a one (1 )
year probationary period in classifications represented by
the DSA, with the exception of Deputy Sheriff Criminalist I
(18 months).
18.2 Revised Probationary Period. When the
probationary period for a class is changed, only new
appointees to positions in the classification shall be
subject to the revised probationary period.
18.3 Criteria. The probationary period shall
commence from the date of appointment. It shall not
include time served in provisional or temporary
appointments or any period of continuous absence
exceeding fifteen (15) calendar days, except as otherwise
provided in the Personnel Management Regulations or by
law.
For those employees appointed to permanent-intermittent
positions with a six (6) months probation period, probation
will be considered completed upon serving one thousand
(1 ,000) hours after appointment except that in no instance
will this period be less than six (6) calendar months from
the beginning of probation. If a permanent-intermittent
probationary employee is reassigned to full-time, credit
toward probation completion in the full-time position shall
be prorated on the basis of one hundred seventy-three
(173) hours per month.
DSA RANK & FILE - 106 - 1998 - 2001 MOU
SECTION 18 - PROBATIONARY PERIOD
18.4 Rejection During Probation. An employee who
is rejected during the probation 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, association activities, or race, color,
national origin, sex, age, disability or sexual
orientation.
B. The appeal must be written, must be signed by
the employee and set forth the grounds and facts
by which it is claimed that grounds for appeal
exist under subsection A and must be filed
through the Director of Human Resources 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.
DSA RANK & FILE - 107 - 1998-2001 MOU
SECTION 18 - PROBATIONARY PERIOD
D. If the Merit Board finds no probable cause for a
hearing, it shall deny the appeal. If, after hearing,
the Merit Board upholds the appeal, it shall direct
that the appellant be reinstated in the position
and the appellant shall begin a new probationary
period unless the Merit Board specifically
reinstates the former period.
18.5, Regular Appointment. The regular appointment
of a probationary employee shall begin on the day
following the end of the probationary period, subject to the
condition that the Director of Human Resources 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 MOU, without notice
and without right of appeal or hearing. If the appointing
authority has not returned the probation report, or the
appointing authority fails to submit in a timely manner the
proper written documents certifying that a probationary
employee has served in a satisfactory manner and later
acknowledges it was his or her intention to do so, the
regular appointment shall begin on the day following the
end of the probationary period.
Notwithstanding any other provisions of the MOU, 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.
DSA RANK & FILE - 108 - 1998 - 2001 MOU
SECTION 18 - PROBATIONARY PERIOD
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
Director of Human Resources whose decision is final. The
Director of Human Resources shall not certify the name of
a person restored to the eligible list to the same appointing
authority by whom the person was rejected from the same
eligible list, unless such certification is requested in writing
by the appointing authority.
18.6 Layoff During Probation. An employee who is
laid off during probation, if reemployed in the same class
by the same department, shall be required to complete
only the balance of the required probation.
If reemployed in another department or in another
classification, the employee shall serve a full probationary
period. An employee appointed to a permanent 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
DSA RANK & FILE - 109 - 1998-2001 MOU
SECTION 18 - PROBATIONARY PERIOD
department from which the employee separated, displaced
or voluntarily demoted in lieu of layoff.
18.7 Rejection During Probation of Laid Off
Employ. 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
probationary period if subsequently certified and appointed
in a different department or classification than that from
which the employee was laid off. If the employee is
rejected during the probation period, the employee shall be
automatically restored to the layoff list, unless discharged
for cause, if the rejection occurs within the employee's
period of layoff eligibility.
18.8 Probationary Deputy Sheriffs into
Investigation Division. Probationary Deputy Sheriffs may
be temporarily assigned to the Investigation Division. The
assignment will not interfere with the officer successfully
completing both the Facility Training Program in the
Detention Division and the Field Training Program in the
Patrol Division within the probationary period. The
assignment will be limited to a specific project or detail. .
The period of assignment in the Investigation Division will
not be credited as a Detention assignment.
18.9 Deputy Sheriff/Deputy Sheriff Recruit
Residency Requirement. All Deputy Sheriff/Deputy
Sheriff Recruits hired after October 15, 1987 are required
to maintain their primary residence within a 35-mile radius
of the intersection of Highway 24 - and Highway 680 as
identified in a map maintained by the Sheriffs Department.
A Deputy Sheriff/Deputy Sheriff Recruit not residing within
DSA RANK & FILE - 110 - 1998 - 2001 MOU
SECTION 19 - SHIFT DIFFERENTIAL FOR NON-SWORN
EMPLOYEEVOTHER TERMS-& CONDITIONS OFEMPLOYMENT
the prescribed radius at the time of hire will have from date
of hire to one (1 ) month prior to completion of his/her
probationary period to comply with this requirement.
Thereafter, the residency requirement must be maintained
for no less than five (5) years following the employee's
date of hire.
Failure to maintain this residency requirement for Deputy
Sheriff/Deputy Sheriff Recruits hired after October 15,
1987 shall result in termination of employment.
SECTION 19 - SHIFT DIFFERENTIAL FOR NON-
SWORN EMPLOYEES/OTHER TERMS & CONDITIONS
OF EMPLOYMENT
19.1 Shift Differential. Employees in the following
classifications are eligible for shift differential as provided
below: Fingerprint Examiner I and II, Fingerprint
Technician I and 11, Lead Fingerprint Examiner, Lead
Fingerprint Technician, Sheriffs Aide, and Sheriffs
Specialist.
In the hours which qualify for shift differential, employees
shall receive five percent (5%) above their base salary
rate.
To qualify for shift differential, an employee must have a
regularly assigned daily work schedule which requires:
a. Completion of more than one and one-half (1-1/2)
hours over the normal actual working time; or
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SECTION 19 - SHIFT DIFFERENTIAL FOR NON-SWORN
EMPLOYEES/OTHER TERMS & CONDITIONS OF EMPLOYMENT
b. At least four (4) hours of actual working time from
5:00 p.m. through 9:00 a.m. inclusive. However,
employees who have been regularly working a
shift qualifying for shift differential immediately
preceding the commencement of a vacation, paid
sick leave period, paid disability or other paid
leave, will have shift differential included in
computing the pay for their leave. The paid leave
of an employee who is on a rotating shift
schedule shall include the shift differential that
would have been received had the employee
worked the shift for which the employee was
scheduled during such period. Said differential
shall be prorated for employees working less than
full time and/or who are on an unpaid leave of
absence for a portion of any given month.
Employees who are on paid sick leave and paid
disability shall receive said differential pay for the
first thirty (30) calendar days of each absence
only.
19.2 Sheriffs Dispatchers. All employees in
Dispatcher classifications will lose no benefits with regard
to wages, hours, and other terms and conditions of
employment, as a result, directly or indirectly, of coming
into the DSA bargaining unit.
Effective October 1 , 1999, all employees in the
classifications of Sheriffs Dispatcher I and 11, and
Supervising Sheriffs Dispatcher, will receive a one-time
only five percent (5%) increase in base salary in exchange
DSA RANK & FILE - 112 - 1998 - 2001 MOU
SECTION 20 -PROMOTION
for the elimination of shift differential for these
classifications.
SECTION 20 - PROMOTION
20.1 Competitive Exam. Promotion shall be by
competitive examination unless otherwise provided in this
MOU.
20.2 Promotion Policy. The Director of Human
Resources, upon request of an appointing authority, shall
determine whether an examination is to be called on a
promotional basis.
20.3 Certification Rules. Beginning with promotions
made after ratification of this MOU (commencing 1989)
The rule of ten (10) will be utilized for Sergeants
Promotional List. The rule of five (5) will be utilized for the
Supervising Dispatcher list.
20.4 Open Exam. If an examination for one of the
classes represented by the Association is proposed to be
announced on an Open only basis the Director of Human
Resources shall give five (5) days prior notice of such
proposed announcement and shall meet at the request of
the Association to discuss the reasons for such open
announcement.
20.5 Promotion Via Reclassification Without
Examination. Notwithstanding other provisions of this
Section, an employee may be promoted from one
classification to a higher classification and his position
DSA RANK & FILE - 113 - 1998-2001 MOU
SECTION 20 - PROMOTION
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 Director of
Human Resources.
e. The Association approves such action.
The appropriate rules regarding probationary status and
salary on promotion are applicable.
20.6 Requirements for Promotional Standing. In
order to qualify for an examination called on a promotional
basis, an employee must have probationary or permanent
status in the merit system and must possess the minimum
qualifications for the class. Applicants will be admitted to
promotional examinations only if the requirements are met
on or before the final filing date. If an employee who is
qualified on a promotional employment list is separated
from the merit system, except by layoff, the employee's
name shall be removed from the promotional list.
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SECTION 21 - TRANSFER
20.7 Seniority Credits. Employees who have
qualified to take promotional examinations 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 determined. No employee, however,
shall receive more than a total of five percent (5%) credit
for seniority in any promotional examination.
20.8 Physical Examination. County employees who
are required as part of the promotional examination
process to take a physical examination shall do so on
County time at County expense.
SECTION 21 - TRANSFER
21 .1 Criteria. 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 Human Resources to be appropriate
for transfer on the basis of minimum qualifications
and qualifying procedure;
DSA RANK & FILE - 115 - 1998-2001 MOU
SECTION 21 - TRANSFER
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 Human Resources shall have
approved the change.
Notwithstanding the foregoing, transfer may also be
accomplished through the regular appointment procedure
provided that the individual desiring transfer has eligibility
on a list for a class for which appointment is being
considered.
21 .2 Procedure. Any employee or appointing authority
who desires to initiate a transfer may inform the Director of
Human Resources in writing of such desire stating the
reasons therefore. The Director of Human Resources
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.
DSA RANK & FILE - 116 - 1998 - 2001 MOU
SECTION 22 - RESIGNATIONS
SECTION 22 - RESIGNATIONS
An employee's voluntary termination of service is a
resignation. Written resignations shall be forwarded to the
Human Resources Department by the appointing authority
immediately on receipt, and shall indicate the effective
date of termination. Oral resignation shall be immediately
confirmed by the appointing authority in writing to the
employee and to the Human Resources Department and
shall indicate the effective date of termination.
22.1 Resignation in Good Standing. A resignation
giving the appointing authority written notice at least two
(2) weeks in advance of the last date of service (unless the
appointing authority requires a longer period of notice, or
consents to the employee's terminating on shorter notice)
is a resignation in good standing.
22.2 Constructive Resignation. A constructive
resignation occurs and is effective when:
a. An employee has been absent from duty for five
(5) consecutive working days without leave, and;
b. Five (5) more consecutive work days have
elapsed without response by the employee after
the mailing of a notice of resignation by the
appointing authority to the employee at the
employee's last known address.
22.3 Effective Resignation. A resignation is effective
when delivered or spoken to the appointing authority,
operative either on that date or another date specified.
DSA RANK & FILE - 117 - 1998-2001 MOU
SECTION 22 - RESIGNATIONS
22.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the employee
and the appointing authority.
22.5 Coerced Resianations.
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 Human
Resources 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 acknowledgment 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 Human Resources
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 24 of the MOU beginning with Step 3.
DSA RANK & FILE - 118 - 1998 - 2001 MOU
SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION
D. Disposition. If a final decision is rendered that
determines that the resignation was coerced, the
resignation shall be deemed revoked and the
employee returned to duty effective on the day
following the decision but without loss of seniority
or pay, subject to the employee's duty to mitigate
damages.
SECTION 23 - DISMISSAL. SUSPENSION & DEMOTION
23.1 Cause for Disciplinary Action. 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:
a. absence without leave,
b. conviction of any criminal act involving moral
turpitude,
C. conduct tending to bring the merit system and/or
Office of the Sheriff-Coroner into disrepute,
d. disorderly or immoral conduct,
e. incompetence or inefficiency,
f. insubordination,
DSA RANK & FILE _ 119 - 1998-2001 MOU
SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION
g. being at work under the influence of liquor or
drugs, carrying onto the premises liquor or drugs
or consuming or using liquor or drugs during work
hours and/or on County premises,
h. neglect of duty, (i.e. non-performance of assigned
responsibilities),
i. negligent or willful damage to public property or
waste of public supplies or equipment,
j. violation of any lawful or reasonable regulation or
order given by a supervisor or department head,
k. willful violation of any of the provisions of the
merit system ordinance or Personnel
Management Regulations,
I. material and intentional misrepresentation or
concealment of any fact in connection with
obtaining employment,
M. misappropriation of County funds or property,
n. unreasonable failure or refusal to undergo any
physical, medical, and/or psychiatric exam and/or
treatment authorized by this MOU,
o. dishonesty or theft,
p_ excessive or unexcused absenteeism and/or
tardiness,
nSA RANK & FILE - 120 - 1998 - 2001 MOU
SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION
q. sexual harassment, * including but not limited to
unwelcome sexual advances, requests for sexual
favors, and other verbal, or physical conduct of a
sexual nature, when such conduct has the
purpose or effect of affecting employment
decisions concerning an individual, or
unreasonably interfering with an individual's work
performance, or creating an intimidating and
hostile working environment.-
23.2
nvironment. _23.2 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 personally or by certified
mail, on the employee, a Notice of Proposed Action, which
shall contain the following:
a. A statement of the action proposed to be taken.
b. A copy of the charges; including the acts or
omissions and grounds upon which the action is
based.
C. If it is claimed that the employee has violated a
rule or 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.
nqh RANK R FII F - 121 - 1998-2001 MOU
SECTION 23 - DISMISSAL, SUSPENSION & DEMOTION
e. A statement that the employee has seven (7)
calendar days to respond to the appointing
authority either orally or in writing.
23.3 Employee Response. The employee upon
whom a Notice of Proposed Action has been served shall
have seven (7) calendar days to respond to the appointing
authority either orally or in writing before the proposed
action may be taken. Upon request of the employee and
for good cause, the appointing authority may extend in
writing the period to respond. If the employee's response
is not filed within seven (7) days or during any extension,
the right to respond is lost.
23.4 Leave Pending Employee Response. Pending
response to a Notice of Proposed Action within the first
seven (7) days or extension thereof, the appointing
authority for cause specified in writing may place the
employee on temporary leave of absence, with pay.
23.5 Length of Suspension. Suspensions without
pay shall not exceed thirty (30) days unless ordered by an
arbitrator, an adjustment board or the Merit Board.
23.6 Procedure on Dismissal, Suspension or
Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or
demote an employee having permanent status in
a position in the merit system after having
complied with the Skelly requirements where
applicable, the appointing authority shall make an
DSA RANK & FILE - 122 - 1998 - 2001 MOU
SECTION 24 - GRIEVANCE PROCEDURE
order in writing stating specifically the causes for
the action.
B. Service of Order. Said order of dismissal,
suspension, or demotion shall be filed with the
Director of Human Resources, showing by whom
and the date a copy was served upon the
employee to be dismissed, suspended or
demoted, either personally or by certified mail to
the employee's last known mailing address. The
order shall be effective either upon personal
service or deposit in the U.S. Postal Service.
C. Employee Appeals from Order. The employee
may appeal an order of dismissal, suspension or
demotion either to the Merit Board or through the
procedures of Section 24 - Grievance Procedure
of this MOU provided that such appeal is filed in
writing with the Director of Human Resources
within ten (10) calendar days after service of said
order. An employee may not both appeal to the
Merit Board and file a grievance under Section 24
of this MOU.
SECTION 24 - GRIEVANCE PROCEDURE
24.1 Definition. 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
DSA RANK & FILE - 123 - 1998-2001 MOU
SECTION 24 - GRIEVANCE PROCEDURE
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 occurrence
about which the employee claims to have a grievance and
shall be processed in the following manner:
Step 1 . 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 employee's immediate
supervisor, who shall meet with the employee within five
(5) days of receipt of a written request to hold such
meeting.
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 MOU 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 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 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 Director of Human Resources. The
Director of Human Resources 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
DSA RANK & FILE - 124 - 1998 - 2001 MOU
SECTION 24 - GRIEVANCE PROCEDURE
the employee and attempt to settle the grievance and
respond in writing.
Std. No grievance may be processed under this Step 4
which has not first been filed and investigated in
accordance with Step 3 above and filed within seven (7)
work days of the written response of the Director of
Human Resources or designee. If the parties are unable to
reach a mutually satisfactory accord on any grievance
which arises and is presented during the term of this MOU,
such grievance shall be submitted in writing within seven
(7) work days to an Adjustment Board comprised of three
(3) Association representatives, no more than two (2) of
whom shall be either an employee of the County or an
elected or appointed official of the Association presenting
this grievance, and three (3) representatives of the
County, no more than two (2) of whom shall be either an
employee of the County or a member of the staff of an
organization employed to represent the County in the
meeting and conferring process. The Adjustment Board
shall meet and render a decision within twenty (20) work
days of receipt of the written request.
Step 5. If an Adjustment Board is unable to arrive at a
majority decision, either the employee (or the County,
when alleging a violation of Section 24.5) may require that
the grievance be referred to an impartial arbitrator who
shall be designated by mutual agreement between the
employee and the Director of Human Resources. Such
request shall be submitted within twenty (20) work days of
the rendering of the Adjustment Board decision. Within
twenty (20) days of the request for arbitration the parties
shall mutually select an arbitrator. The fees and expenses
ncA RANK R Fil F - 125 - 1998-2001 MOU
SECTION 24 - GRIEVANCE PROCEDURE
of the arbitrator and of the Court Reporter shall be shared
equally by the employee and the County. Each party,
however, shall bear the costs of its own presentation,
including preparation and post hearing briefs, if any.
If the parties cannot initially agree on a neutral arbitrator,
either may request a list of five (5) arbitrators from the
State Mediation and Conciliation Service. If they cannot
agree on an arbitrator from that list, they shall strike
alternatively from the list, with the first to strike to be
determined by lot, and the last remaining name shall be
the arbitrator.
24.2 Notice to Association. An official, with whom a
formal grievance is filed by a grievant who is included in a
unit represented by the Association, but is not represented
by the Association in the grievance, shall give the
Association a copy of the formal presentation.
24.3 Immediate Arbitration.
A. The DSA may waive the grievance procedure
time limits specified in this Section and proceed
to Immediate Arbitration in any case where the
DSA alleges that the County is in violation of this
Agreement in so short a period of time as to
disallow the DSA from proceeding within the time
limits of this Section. That is, the situation is one
where damages or back pay is not an appropriate
remedy, one of "irreparable injury". For example,
grievances involving disciplinary actions where
there is a loss of pay, compensation claims, and
the like will not be processed under the
DSA RANK & FILE - 126 - 1998 - 2001 MOU
SECTION 24 - GRIEVANCE PROCEDURE
provisions of this section. However, the method
of proceeding to Immediate Arbitration must be
done consistent with the following provisions.
B. The affected employee(s), or the DSA, must first
attempt to resolve the matter by meeting with the
appropriate supervisor/manager, at the Division
level.
C. If the matter is not resolved, the DSA on�I rr may
file a demand for Immediate Arbitration.
D. The arbitration shall take place no earlier than the
fifteenth (15th) day following the request by the
DSA for such Immediate Arbitration, unless
otherwise mutually agreed. During the two week
period (fourteen calendar days) immediately
following the request for Immediate Arbitration,
the responding party shall have the opportunity to
attempt to resolve the dispute.
E. Where the County is the responding party, the
Sheriff and Director of Human Resources, or their
designated representatives jointly, shall have the
opportunity to meet with or otherwise
communicate with appropriate DSA
representatives, in an attempt to resolve the
dispute. At this meeting the parties shall provide
to each other as much information pertinent to
this case as is reasonably possible.
F. Once the request for Immediate Arbitration is
filed, the parties shall (even though dispute
DSA RANK & FILE - 127 - 1998-2001 MOU
SECTION 24 - GRIEVANCE PROCEDURE
resolution discussions are going on during the
two week period) attempt to agree upon a
neutral arbitrator and to obtain a date for
arbitration hearing as soon as possible
immediately following the two week period.
G. The parties will attempt to have a standing list of
available Immediate Arbitrators. If the parties are
unable to agree on an arbitrator, the parties shall
obtain a list of five (5) names from the State
Mediation and Conciliation Service. Each party
may strike one name from the list and of those
arbitrators remaining on the list, the arbitrator
who can first hear the matter shall be selected.
The parties may, by mutual agreement, use
another method of selecting the arbitrator.
H. The arbitrator shall have only the authority to
decide issues involving the interpretation or
application of this MOU as described in
Subsection A herein. Furthermore, the arbitrator
shall not have the authority to add to, subtract
from, change, or modify any provision of this
MOU. This provision does not expand what is
arbitrable under this MOU.
I. Unless the parties agree otherwise, closing
argument shall be presented orally at the end of
the hearing, and if possible, the arbitrator shall
issue his ruling immediately thereafter.
DSA RANK 9 FILE - 128 - 1998 - 2001 MOU
SECTION 24 GRIEVANCE PROCEDURE
f
J. Nothing herein shall preclude the parties from
attempting to resolve the dispute while the
grievance is pending.
K. The parties shall attempt to have the arbitration
proceedings completed as quickly as possible.
L. Only four (4) such Immediate Arbitrations (as
opposed to demands for immediate arbitration)
may be held in any fiscal year (July 1 - June 30).
However, the parties may mutually agree on
Immediate Arbitration, which shall not count as
one of the four.
M. Until such time as four (4) arbitrations in a fiscal
year have been held pursuant to this section, the
DSA agrees not to seek injunctive relief to
preserve the jurisdiction of the arbitrator.
N. If either party must file a petition to compel
immediate arbitration (under Section 24.3)
because of the refusal of the other party to agree
to such immediate arbitration, then the losing
party (petitioner or respondent) shall pay
reasonable attorney fees and costs to the other
party, not to exceed a maximum of $1500.
24.4 Compensation Complaints. All complaints
involving or concerning the payment of compensation shall
be initially filed in writing with the Director of Human
Resources. Only complaints which allege that employees
are not being compensated in accordance with the
provisions of this MOU shall be considered as grievances.
DSA RANK & FILE - 129 - 1998-2001 MOU
SECTION 24 - GRIEVANCE PROCEDURE
Any other matters of compensation are to be resolved in
the meeting and conferring process, if not detailed in the
MOU 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 MOU or interpretations thereof (except
interpretations resulting from Adjustment Board
proceedings hereunder) will be recognized unless agreed
to by the County and the Association.
24.5 Strike/Work Stoppage. 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, sickout, or refuse to perform customary duties.
In the case of a legally declared lawful strike against a
private or public sector employer which has been
sanctioned and approved by the labor body or council
having jurisdiction, an employee who is in danger of
physical harm shall not be required to cross the picket line,
provided the employee advises his or her supervisor as
soon as possible, and provided further that an employee
may be required to cross a picket line where the
performance of his or her duties is of an emergency nature
and/or failure to perform such duties might cause or
aggravate a danger to public health or safety.
nce RANK R Fii F - 130 - 1998 - 2001 MOU
SECTION 24 - GRIEVANCE PROCEDURE
24.6 Merit Board.
A. All grievances of employees in representation
units represented by the Association shall be
processed under Section 24 unless the employee
elects to apply to the Merit Board on matters
within its jurisdiction.
B. No action under Steps 3 and 4 of Subsection
24.1 above shall be taken if action on the
complaint or grievance has been taken by the
Merit Board, or if the complaint or grievance is
pending before the Merit Board.
24.7 Filing by Association. 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 MOU.
24.8 Letters of Reprimand. Letters of reprimand are
subject to the grievance procedure but shall not be
processed past Step 3 unless said letters are used in a
subsequent discharge, suspension or demotion of the
employee.
Letters of Reprimand shall be removed from an
employee's file which are five (5) years old from the date
issued unless subsequent disciplinary action has been
taken and sustained against the employee for the same
type of offense within said five (5) year period in which
case the Letter of Reprimand is not subject to removal.
However, where the subsequent disciplinary action
consists of Letter(s) of Reprimand for the same type of
n-RA RANK & FILE - 131 - 1998-2001 MOU
SECTION 24 - GRIEVANCE PROCEDURE
offense, those letters (including the original letter) will be
removed from the employee's file after five (5) years pass
from the date the most recent letter is issued unless a
different type of discipline (e.g., suspension, et al) for the
same type of offense is taken and sustained during said
five (5) year period. Those Letters of Reprimand which
have been placed in an employee's file as a result of an
Arbitrator's decision reducing a disciplinary action to a
Letter of Reprimand will be reviewed by the Sheriff who in
his sole discretion will determine whether the five (5) year
removal period will apply.
24.9 Corrective Counseling System. The Corrective
Counseling System is a method of training and counseling
employees in an effort to improve behavior and
performance without the negative effects of lasting
disciplinary measures. It will hereafter consist of three
phases, or levels, with procedures and policies for
administration developed within the Department.
Placement into the Corrective Counseling System is not
subject to the grievance procedure.
There shall be no mention of the phase program in any
employee's evaluation, although the circumstances
allegedly supporting the starting, the ending, or the
continuing of a phase, may be mentioned. This does not
affect any other rights or responsibilities of the parties with
regards to the performance per se.
An employee placed into a Phase of the Corrective
Counseling System may appeal the placement through a
formal department hearing process. Following are the
guidelines and procedures to be utilized in the process:
DSA RANK & FILE - 132 - 1998 - 2001 MOU
SECTION 24 - GRIEVANCE PROCEDURE
a. Hearina Officer. The phase placement appeal will
be heard by the Commander not in the
employee's direct chain of command, hereafter
referred to as the Hearing Officer. The Hearing
Officer has the authority to set aside the phase
placement completely or decrease the phase to
any lower level.
b. Notification of Intent to Appeal. Upon receipt of
the Phase memo, the affected employee has
seven (7) calendar days to deliver written
documentation of an intent to appeal the phase
placement. The intent to appeal memo is to be
addressed to the Hearing Officer, with a copy to
the employee's Division Commander. The appeal
process defers the starting date of the phase
period.
C. Hearing Date. Upon receipt of the intent to appeal
memo, the Hearing Officer will schedule a
hearing date and notify the affected employee at
least seven (7) calendar days prior to the hearing
date. The hearing date shall be within twenty-one
(21 ) calendar days of the Hearing Officer's receipt
of the intent to appeal unless one of the primary
parties involved is unavailable, in which case the
hearing will be scheduled as soon as practical
upon the return to work of the parties.
d. The Hearing. For Phase I and II actions, the
employee may submit a written request for
hearing to the Hearing Officer. The Hearing
Officer will review the request and determine if
DSA RANK & FILE - 133 - 1998-2001 MOU
SECTION 24 - GRIEVANCE PROCEDURE
there is a basis for a formal hearing. An alternate
informal process exists which would allow the
employee and his/her representative to meet and
discuss the phase placement in accordance with
the established open door policy of the
Department.
For Phase III appeals, the Hearing Officer will
determine the parties to be present at the
hearing, except that the affected employee will be
present, and a maximum of two (2)
representatives of the employee's choice.
In general, witnesses will not be called or
allowed; however, the affected employee may
submit written statements from the employee (or
others) which will support the appeal.
The entire appeal hearing will be tape recorded.
The tape will be kept (and be available) in the
Administration Division, and will be erased when
the phase is no longer in effect. Upon his request
and at his expense, the employee may tape the
hearing.
The Hearing Officer will weigh all testimony and
attempt to determine the facts surrounding the
phase placement.
e. Results. The Hearing Officer will report his
decision in a brief memo to the employee within
five (5) business days of the hearing.
DSA RANK & FILE - 134 - 1998 - 2001 MOU
SECTION 25 - DEPARTMENT INVESTIGATIONS
If the decision upholds the original
recommendation or decreases the phase level,
the phase period begins on the date of the
Hearing Officer's decision.
If the Hearing Officer determines that a phase
was not appropriate, all reference to the phase
incident and hearing will be immediately purged
from the personnel file, and the Hearing Officer's
written decision will be sent to the affected
employee.
SECTION 25 - DEPARTMENT INVESTIGATIONS
It has always been and shall continue to be, the Sheriffs
position that all internal investigations shall be conducted
in a professional and timely manner. The scope and intent
of all legal and policy mandates shall be adhered to during
all phases of the investigation. This includes that the
confidentiality of all information gained during the inquiry
shall be consistent with present legal restraints relative to
discovery and disclosure.
SECTION 26 - LABOR MANAGEMENT COMMITTEE
A. There shall be established a Labor/Management
Committee to maximize communications between
the parties in the area of labor relations.
S. There shall be four (4) representatives of
Management and four (4) representatives of the
Association, with the DSA representatives time
DSA RANK & FILE - 135 - 1998-2001 MOU
SECTION 27- PHYSICAL FI TNESS HEAL TH CARE
treated as if the meeting were held under
Government Code Section 3505.
C. The meetings shall begin in the first full month
after the adoption by the Board of Supervisors of
this MOU and continue every other month
thereafter.
SECTION 27 - PHYSICAL FITNESS HEALTH CARE
A. Proposals identified as Department #2 and #7,
and as DSA 16, 17, 18 (to the degree there is no
conflict with other portions of this MOU), 47 and
80 shown in Exhibit M will be submitted for
consideration to a joint Labor-Management
Committee (consisting of two (2) members from
each side), which shall make recommendations
to the Sheriff. Implementation of benefits in areas
contained in those proposals shall be
implemented so as to help bargaining unit
members at a minimum cost level of $8,000 per
year commencing upon ratification. The $8,000
minimum shall not be expended in any physical
abilities testing program as opposed to physical
fitness program, should same be agreed to by the
parties.
B. One (1 ) DSA-designated representative and one
(1 ) County-designated representative shall have
access to the department's exercise
equipment/facility, either together or alone, for
purposes of assuring compliance with the MOU.
DSA RANK R FILE - 136 - 1998 - 2001 MOU
SECTION 28 - PREMIUM PAYS
SECTION 28 - PREMIUM PAYS
28.1 Non-Sworn Training Officer Program. Non-
sworn Training Officer assignments are for a one (1 ) year
period; each year current non-sworn Training Officers
must be reevaluated for assignment to non-sworn Training
Officer status. It is further understood that the designation
as a non-sworn Training Officer shall be at the sole
discretion of the Sheriff.
Non-sworn Training Officers will receive a flat $200 per
month for period so assigned, regardless of whether or not
they are actually training during the month.
28.2 Lead Deputy Sheriff/Corporal Assignment.
A. Effective October 1 , 1999, a Lead Deputy
Sheriff/Corporal assignment is established to
assist with training and other duties to be
determined by the process set forth in Section
50.13 - Labor/Management Committee. A Lead
Deputy Sheriff/Corporal will receive an increase
of five percent (5%) of base salary for the period
so assigned. It is further understood that the
assignment as a Lead Deputy Sheriff/Corporal
shall be at the sole discretion of the Sheriff.
B. Effective October 1 , 1999, all Deputy Sheriffs
currently designated as Training Officers shall
receive the five percent (5%) increase in base
salary set forth in Section 28.2.A above, in lieu of
the $200 per month premium pay they previously
received as Training Officers.
DSA RANK & FILE - 137 - 1998-2001 MOU
SECTION 29 - RETIREMENT CONTRIBUTION
C. A Lead Deputy Sheriff/Corporal assignment as a
Training Officer is for a one (1 ) year period; each
year, current Lead Deputy Sheriff/Corporals
assigned as Training Officers must be
reevaluated for assignment to Lead Deputy
Sheriff/Corporal status. It is further understood
that the assignment as a Lead Deputy
Sheriff/Corporal shall be at the sole discretion of
the Sheriff.
28.3 Investi ators. Investigators assigned to the
Investigations Division will receive a flat increase of $200
per month for period so assigned.
28.4 Hazard Pav for Sheriffs Aides. Effective
October 1 , 1996 all employees in the classification of
Sheriffs Aide will receive a one-time only 1 % (ten level)
increase in base salary in exchange for the elimination of
the hazard pay differential of five percent (5%) currently
extended to those Aides who work in Booking.
SECTION 29 - RETIREMENT CONTRIBUTION
A. Pursuant to Government Code Section 31581 .1 ,
the County will continue to pay fifty percent (50%)
of the retirement contributions normally required
of employees. Such payments shall continue for
the duration of this MOU, and shall terminate
thereafter. Employees shall be responsible for
payment of the employee's contribution for the
retirement cost of living program as determined
by the Board of Retirement of the Contra Costa
nc e D n Kite R rii P - 138 - 1998 - 2001 MOU
SECTION 29 - RETIREMENT CONTRIBUTION
County Employees' Retirement Association
without the County paying any part of the
employee's share. The County will pay the
remaining one-half (1/2) of the retirement cost-of-
living program contribution.
B. Employees represented by DSA who are Tier II
members of the Contra Costa County Employees'
Retirement Association (CCCERA) are entitled to
elect to become Tier III members as provided in
Subsection 1 below. DSA members who elect
Tier III membership will be required to fund any
increased costs as provided in Subsection 2,
below.
1 . Employees represented by DSA enrolled in
Tier II who have attained five (5) years of
retirement credited service, shall have a
ninety (90) days from the date of said five (5)
year anniversary to make a one time
irrevocable election of the Tier III Retirement
Plan.
2. The County's employer contributions and
subvention of employee contributions for
members of the DSA electing Tier III, which
exceed those which would be required for
Tier III membership as of October 1 , 1998,
shall be paid by the employees in the
bargaining unit, subject to the following:
a. The amount of the employee's
retirement contribution shall be
DSA RANK & FILE - 139 - 1998-2001 MOU
SECTION 29 - RETIREMENT CONTRIBUTION
established by the County Employees'
Retirement Association and shall be
based on the employee's age at entry
into the retirement system.
b. If the County's retirement costs increase
after October 1 , 1998 as a result of the
operation of Tier III, or if the CCCERAIs
actuaries determine in future years that
the County's retirement costs have
increased and that the increase is
attributable to the impact of Tier III on
the County's retirement costs after
October 1 , 1998, such increase shall be
funded by reducing the general wage
increase(s) agreed upon in future years,
to the extent that future wage increases
are granted; and the general wage
increase(s) of all employees
represented by DSA shall be reduced
accordingly, provided that such
increased costs shall be charged to the
bargaining unit only to the extent that
the increased costs exceed $72,000 per
year.
c. In the event the County and the Labor
Coalition reach an agreement which is
effective during the term of this MOU
that provides that the County will not
seek reimbursement for increases in the
County's retirement costs attributable to
the creation of Tier III and/or the impact
nSA RANK & FILF - 140 - 1998 - 2001 MOU
SECTION 30 - SAFETY
of Tier III on . the County's retirement
costs as specified in the previous
paragraph, the County will apply the
same proportional cost rationale and
formula to this section.
SECTION 30 - SAFETY
The County shall expend every effort to see to it that the
work performed under. the terms and conditions of this
MOU is performed with a maximum degree of safety
consistent with the requirement to conduct efficient
operations.
SECTION 31 - MILEAGE
Mileage allowance for the use of personal vehicles on
County business shall be paid according to the rates
allowed by the Internal Revenue Service and shall be
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 Internal
Revenue Service, whichever is later.
SECTION 32 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error
in the amount of compensation to be received and if this
error occurred as a result of a mistake by the Auditor-
Controller's Department, it is the policy of the Auditor-
nCA RANK R FII F - 141 - 1998-2001 MOU
SECTION 32 - PAY WARRANT ERRORS
Controller's department that the error will be corrected and
a new warrant issued within forty-eight (48) hours,
exclusive of Saturdays, Sundays and holidays from the
time the department is made aware of and verifies that the
pay warrant is in error.
Pay errors discovered by the County on or after August 1 ,
1984 found in employee pay shall be corrected as soon as
possible as to current pay rate but that no recovery of
either overpayments or underpayments to an employee
shall be made retroactively except for the six (6) month
period immediately preceding discovery of the pay error.
This provision shall apply regardless of whether the error
was made by the employee, the appointing authority or
designee, the Director of Human Resources or designee,
or the Auditor-Controller or designee. Recovery of
fraudulently accrued over or underpayments are excluded
from this section for both parties.
When the County notifies an employee of an overpayment
and proposed repayment schedule and the employee
wishes to meet with the County, a meeting will be held at
which time a repayment schedule shall be determined.
If requested by the employee, an Association
representative may be present at a meeting with
management to discuss a repayment schedule in the case
of overpayments to the employee.
DSA RANK & FILE - 142 - 1998 - 2001 MOU
SECTION 33 - PROVISIONAL APPOINTMENT
SECTION 33 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for
personnel to fill a position in a class for which no
reemployment or employment list is available, or in a class
for which no eligible or insufficient eligibles to complete the
certification will accept appointment to the position, the
Director of Human Resources 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:
a. If an examination has been announced for the
class and recruitment of applicants is in process,
the Director of Human Resources may authorize
a continuation of provisional appointments until
an eligible list is established.
b. 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.
DSA RANK & FILE - 143 - 1998-2001 MOU
SECTION 34 - PERSONNEL FILES
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 Human Resources relative
to provisional appointments are final and not subject to the
grievance procedure.
Before filling a position by a provisional appointment, the
appointing authority shall post notice and shall consider
current qualified employees for the appointment. Only if
there are insufficient internal applicants to constitute a full
certification may the appointing authority consider
applicants from outside County service.
SECTION 34 - PERSONNEL FILES
An employee shall have the right to inspect and review
any official record(s) relating to his or her performance as
an employee or to a grievance concerning the employee
which is kept or maintained by the County in the
employee's personnel file in the Human Resources
Department or in the employee's personnel file in their
department. The contents of such records shall be made
available to the employee for inspection and review at
reasonable intervals during the 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
DSA RANK & FILE - 144 - 1998 -.2001 MOU
SECTION 34 - PERSONNEL FILES
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
Human Resources Department or in an official personnel
file maintained by their department. Copies of written
reprimands or memoranda pertaining to an employee's
unsatisfactory performance which are to be placed in the
employee's personnel file shall be given to an employee
who shall have the right to respond in writing to said
documents. Letters of reprimand are subject to the
grievance procedure but shall not be processed past Step
3 unless said letters are used in a subsequent discharge,
suspension or demotion of the employee. Copies of letters
of commendation which are to be placed in the employee's
personnel file will be given to the employee. Employees
have the right to review their official personnel files which
are maintained in the Human Resources Department or by
their department. In a case involving a grievance or
disciplinary action, the employee's designated
representative may also review his or her personnel file
with specific written authorization from the employee.
The Association will be given a list of all types of personnel
files maintained by the Sheriff.
DSA RANK & FILE - 145 - 1998-2001 MOU
SECTION 35 - SERVICE AWARDS
SECTION 35 - SERVICE AWARDS
The County shall continue its present policy with respect to
service awards including time off; provided, however, that
the type of award given shall be at the sole discretion of
the County.
The following procedures shall apply with respect to
service awards:
a. Presentation Before the Board of Supervisors. An
employee with twenty (20) or more years of
service may go before the Board of Supervisors
to receive his/her Service Award. When
requested by a 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.
b. Service Award Day Off. Employees with fifteen
(15) or more years of service are entitled to take
a day off with pay at each five (5) year
anniversary.
n.RA RANK & FILE - 146 - 1998 - 2001 MOU
SECTION 36 - REIMBURSEMENT FOR MEAL EXPENSES/CHARGE
FOR DETENTION DMSION MEALS
SECTION 36 - REIMBURSEMENT FOR MEAL
EXPENSES/CHARGE FOR DETENTION DIVISION
MEALS
A. Reimbursement for Meal Expenses.
Employees shall be reimbursed for meal
expenses under the following circumstances 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 continuing 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
(3) or more hours of overtime; in this case he
or she may be reimbursed in accordance
DSA RANK & FILE - 147 - 1998-2001 MOU
SECTION 36 - REIMBURSEMENT FOR MEAL EXPENSES/CHARGE
FOR DETENTION DIVISION MEALS
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.
B. Charge for Detention Division Meals.
Personnel represented by the DSA and
permanently assigned to the Detention Division
will have fifteen dollars ($15.00) per month
deducted from their pay checks in exchange for
meals provided by the Department. The
employee may choose not to eat facility food. In
that case no fees will be deducted.
Employees will indicate their option upon transfer
into the Detention Division and, during the month
of January each year, employees may make a
new determination. Current Detention employees
will have the month following ratification of the
contract to exercise their option.
DSA RANK & FILE - 148 - 1998 - 2001 MOU
SECTION 37 - COMPENSATION FOR LOSS OR DAMAGE TO
PERSONAL PROPERTY
SECTION 37 - COMPENSATION FOR LOSS OR
DAMAGE TO PERSONAL PROPERTY
37.1 Conditions. The loss or damage to personal
property of employees is subject to reimbursement under
the following conditions:
a. The loss or damage must result from an event
which is not normally encountered or anticipated
on the job and which is not subject to the control
of the employee.
b. Ordinary wear and tear of personal property used
on the job is not compensated.
C. Employee tools or equipment provided without
the express approval of the department head and
automobiles are excluded from reimbursement.
d. The loss or damage must have occurred in the
line of duty.
e. The loss or damage was not a result of
negligence or lack of proper care by the
employee.
f. The personal property was necessarily worn or
carried by the employee in order to adequately
fulfill the duties and requirements of the job.
g. The loss or damage to an employee's dentures or
other prosthetic devices did not occur
DSA RANK & FILE - 149 - 1998-2001 MOU
SECTION 38 - UNFAIR LABOR PRACTICE
simultaneously with a job connected injury
covered by Workers' Compensation.
h. The amount of reimbursement shall be limited to
the actual cost to repair damages.
Reimbursement for items damaged beyond repair
shall be limited to the actual value of the item at
the time of loss or damage but not more than the
original cost.
i. The burden of proof of loss rests with the
employee.
j. Claims for reimbursement must be processed in
accordance with the Administrative Bulletin on
Compensation for Loss or Damage to Personal
Property.
37.2 Policies & Practices. The employer will continue
its present policies and practices with regard to loss or
damage to personal property. This MOU provision does
not constitute a waiver by the DSA or an affected
employee to litigate in court the legality of portions of the
policies dealing with limiting reimbursement because of
alleged employee negligence or wrongdoing.
SECTION 38 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair
labor practice as defined in Chapter 34-22 of the Board of
Supervisors Resolution 81/1165 against the other (see
Attachment C). Allegations of an unfair labor practice, if
nSA RANK & FILE - 150 - 1998 - 2001 MOU
SECTION 39 - LENGTH OF SERVICE DEFINITION(for service awards
and vacation accruals)
not resolved in discussions between the parties, shall be
heard by a mutually agreed upon impartial third party.
SECTION 39 - LENGTH OF SERVICE DEFINITION (for
service awards and vacation accruals)
The length of service credits of each employee of the
County shall date from the beginning of the last period of
continuous County employment (including temporary,
provisional, and permanent status, and absences on
approved leave of absence). When an employee
separates from a permanent position in good standing and
within two (2) years is reemployed in a permanent County
position, or is reemployed in a permanent County position
from a layoff list within the period of layoff eligibility,
service credits shall include all credits accumulated at time
of separation, but shall not include the period of
separation. The Director of Human Resources shall
determine these matters based on the employee status
records in the Human Resources Department.
SECTION 40 - PERMANENT PART-TIME EMPLOYEE
BENEFITS
Permanent part-time employees receive prorated vacation
and sick leave benefits. They are eligible for health, dental
and life insurance benefits at corresponding premium rates
providing they work at least fifty percent (50%) of full time.
If the employee works at least fifty percent (50%) of full
time, County retirement participation is also included.
n.RA RANK & FILE - 151 - 1998-2001 MOU
SECTION 41 - PERMANENT-INTERMITTENT EMPLOYEE BENEFITS
SECTION 41 - PERMANENT-INTERMITTENT
EMPLOYEE BENEFITS
Permanent-intermittent employees are eligible for prorated
vacation and sick leave benefits.
SECTION 42 - PERMANENT-INTERMITTENT
EMPLOYEE HEALTH PLAN
A permanent-intermittent employee represented by the
DSA 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 43 - PROVISIONAL EMPLOYEE BENEFITS
Provisional employees, who are not permanent employees
of the County immediately prior to their provisional
appointment, are eligible for vacation and sick leave
benefits.
Provisional employees may participate in the County
Group Health Plan wholly at the employee's expense. The
County will not contribute to the employee's monthly
premium. The employee will be responsible for paying the
DSA RANK & FILE - 152 - 1998 - 2001 MOU
SECTION 44 - LUNCH PERIOD
monthly premium appropriately and punctually. Failure to
meet the premium deadline will mean automatic and
immediate withdrawal from the County Group Health Plan
and reinstatement may only be effectuated during the
annual open enrollment period.
SECTION 44 - LUNCH PERIOD
Employees assigned to either the Investigation Division or
the Criminalistics Laboratory may select either a one-half
(1/2) hour or one (1 ) hour lunch period, it being understood
that such selection should be for periods of no less than
three (3) months; it being further understood that the
Department retains the right to assign starting times.
SECTION 45 - CANINE ALLOWANCE
Effective May 1 , 1992 Officers assigned to the Canine Unit
who are responsible for the feeding and care of canines
shall receive one hundred fifty dollars ($150) per month..
SECTION 46 - BILINGUAL PAY
A salary differential of sixty-five dollars ($65.00) per month
shall be paid incumbents of positions requiring bilingual
proficiency as designated by the appointing authority and
Director of Human Resources. Said differential shall be
prorated for employees working less than full time and/or
who are on an unpaid leave of absence for a portion of
any given month. Designation of positions for which
DSA RANK & FILE - 153 - 1998-2001 MOU
SECTION 47- UNIFORM ALLOWANCE/S.WA.T. UNIFORM
bilingual proficiency is required is the sole prerogative of
the County. The Union shall be notified when such
designations are made.
SECTION 47 - UNIFORM ALLOWANCE/S.W.A.T.
UNIFORM
47.1 Uniform Allowance. Employees eligible for the
uniform allowance will receive six hundred fifty dollars
($650) per year. Effective July 1 , 1999, the uniform
allowance will be increased by twenty-five dollars ($25) for
a total of six hundred seventy-five dollars ($675) per year.
Effective July 1 , 2000, the uniform allowance will be
increased by fifty dollars ($50) for a total of seven hundred
twenty-five dollars ($725) per year. Effective July 1 , 2001 ,
the uniform allowance will be increased by seventy-five
dollars ($75) for a total of eight hundred dollars ($800) per
year.
The above paragraph applies to employees in the
following classifications: Sergeant, Deputy Sheriff, Deputy
Sheriff-Recruit, Sheriffs Dispatcher I and II, Supervising
Sheriffs Dispatcher, Sheriffs Aide, and Sheriffs
Specialist.
47.2 Uniform Allowance Method of Payment.
Effective July 1 , 1994 employees who are eligible for the
uniform allowance will receive such allowance included in
their monthly pay warrants.
nce ReNK R Fri F - 154 - 1998 - 2001 MOU
SECTION 48 - PEACE OFFICER TRAINING
47.3 S.W.A.T. Uniform. The department shall provide
all employees accepted into S.W.A.T. with the necessary
uniform and equipment.
SECTION 48 - PEACE OFFICER TRAINING
48.1 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 (2.5%) of base pay for
possessing the first P.O.S.T. certificate (intermediate) not
required by the minimal qualifications of the class and an
additional allowance based on two and one-half percent
(2.5%) of base pay per month for possessing a second
P.O.S.T. certificate (advanced) not required by the minimal
qualifications of the class.
48.2 Incentive Program - Definitions. Unless
otherwise specified or required by the context the following
terms have the following meanings:
"Officer" means any peace officer member of the Sheriffs
Department who occupies a permanent full-time position,
in pay status, as a peace officer in this County.
DSA RANK & FILE - 155 - 1998-2001 MOU
SECTION 48 - PEACE OFFICER TRAINING
"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.)
48.3 Incentive Program - Intermediate Certificate.
Every officer below the class of: Lieutenant in the Sheriffs
Department shall receive a career incentive allowance of
two and one-half percent (2.5%) of base pay per month for
the possession of a valid intermediate P.O.S.T. certificate.
48.4 Incentive Program - Advanced Certificate.
Every officer up to and including the class of: Lieutenant in
the Sheriffs Department shall receive a career incentive
allowance of two and one-half percent (2.5%) of base pay
per month for the possession of a valid advanced P.O.S.T.
certificate. This is in addition to the two and one-half
percent (2.5%) allowance for the intermediate certificate.
48.5 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.
48.6 Deletion of Continuing Education
Requirement. There shall be no continuing education
requirement to be entitled to the above allowances.
nRA RANK & FILE - 156 - 1998 - 2001 MOU
SECTION 49 - CRITICAL INCIDENT
SECTION 49 - CRITICAL INCIDENT
In the event the act or omission of a sworn officer causes
the death or serious injury of another person, the officer's
Division Commander shall place the employee on
Administrative Leave (with pay) for the seventy-two (72)
hours immediately following the incident.
SECTION 50 - STUDIES/PROJECTS/COMMITTEES
A. Fair Labor Standards Act (FLSA). Parties agree
to seek an opinion from the Department of Labor
regarding the following County proposal: "As
provided for under Section 7(k) of the Fair Labor
Standards Act (FLSA), overtime pay at the FLSA
overtime rate is only required for hours actually
worked in excess of the established 171 hour
maximum in each 28 day work period." DSA's
attorney shall provide the Association's position,
in writing, to County Counsel; the final letter is to
be mutually agreed upon. Parties will abide by
the decision of Department of Labor and maintain
status quo until decision received.
B. Labor/Management Committee.
1 . The parties agree to move the following
issues to the Labor/Management Committee
for further discussion:
Soft Body Armor
Utility Uniforms
DSA RANK & FILE - 157 - 1998-2001 MOU
SECTION 50 - STUDIES/PROJECTS/COMMITTEES
Firearms Training
Optional Firearms
Military Leave
2. The DSA and the Department will jointly
evaluate the feasibility of leasing rather than
purchasing department vehicles.
3. The DSA, the Department and the General
Services Department shall work jointly to
review and suggest modifications to the
vehicle maintenance program.
4. Effective upon approval of a new MOU, the
Labor/Management Committee is authorized
to discuss the additional duties of the Lead
Deputy Sheriff/Corporal assignments. The
Labor/Management Committee shall have no
authority to modify the assignment process
for either Lead Deputy Sheriff/Corporals as
set forth in Section 28.2.C, or non-sworn
Training Officers as set forth in Section 28.1 .
If the Labor/Management Committee fails to
reach agreement, the Sheriff's Department
reserves the right to meet and confer with
the DSA as required regarding the Lead
Deputy Sheriff/Corporal assignment.
DSA RANK & FILE - 158 - 1998 - 2001 MOU
SECTION 51 - ADOPTION
SECTION 51 - 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. It is understood that where it
is determined that an Ordinance is required to implement
any of the foregoing provisions, said provisions shall
become effective upon the first day of the month following
thirty (30) days after such Ordinance is adopted.
SECTION 52 - SCOPE OF AGREEMENT AND
SEPARABILITY OF PROVISION
52.1 Scope of Agreement. 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.
52.2 Separability 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.
DSA RANK & FILE - 159 - 1998-2001 MOU
SECTION 53 - PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING
52.3 Personnel Management Regulations. 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. It is recognized, however, that
certain provisions of the Personnel Management
Regulations may be supplementary to the provisions of
this MOU or deal with matters not within the scope of
representation and as such remain in full force and effect.
52.4 Duration of Agreement. This Agreement shall
continue in full force and effect from October 1 , 1998 to
and including September 30, 2001 .
SECTION 53 - 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 MOU;
provided, however, that only during the term of this MOU
which expires September 30, 2001 , 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
DSA RANK & FILE - 160 - 1998 - 2001 MOU
SECTION 53 - PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING
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 MOU in order to be considered a
past practice pursuant to this provision.
The execution of this MOU does not preclude the DSA
from continuing to negotiate with the County regarding the
establishment of a Labor-Management Trust Committee
and the authorities and responsibilities of said committee.
Date: s a
CONTRA COSTA OUNTY DSA
44L"
DSA RANK & FILE - 161 - 1998-2001 MOU
ATTACHMENTS
A. SHERIFF'S AIDE/SPECIALIST TRANSFER POLICY & PROCEDURE
B. CLASS & SALARY LISTING
C. EMPLOYEE RELATIONS ORDINANCE-UNFAIR PRACTICES
D. PROJECT POSITIONS
ATTACHMENT A
SHERIFF'S AIDE/SPECIALIST TRANSFER POLICY AND PROCEDURES
1 . When a Sheriff's Aide or Specialist vacancy occurs in any Division, the
Personnel Officer will announce the vacancy. Included in the announcement
will be a brief job description, the current job classification, and a contact
person in the Division where the vacancy exists. Interested individuals will
submit to the Personnel Officer notification of their interest, in writing, with
the prescribed period.
2. Only Sheriff's Aides with one year in their present position may qualify for
Aide openings; only Sheriff's Specialists with one year in their present
position may qualify for Specialist openings. If no interested Aides or
Specialists with one year in their current assignment apply or are deemed
qualified, incumbents with less than one year in their current assignment will
be considered. Sheriff's Aides are encouraged to apply for any Specialist
examinations administered through the County merit system but are not
eligible for direct transfer into Specialist positions.
3. A Selection Committee will be convened after the cut-off date to review the
applications. This Committee will be comprised of a) the Division Commander
(or designee) where the vacancy exists; b) the Personnel officer; and c) a
representative of the Deputy Sheriffs' Association (non-voting) .
4. The Selection Committee will consider the following areas when reviewing those
employees who have applied:
a. Job performance
b. Sick leave record
C. Seniority
d. Possession of special skills or training
5. The Committee will develop an informal recommendation list for the Sheriff to
review. The Sheriff will make the selection from the list. Employees will be
promptly notified of the Sheriff's selection.
G. Certification of names from the Personnel Department may be requested if:
a. No interest is shown by Department employees, or
b. If the Selection Committee, with the concurrence of the Sheriff,
determines that none of the applicants are qualified.
ATTACHMENT E
DEPUTY SHERIFFS' ASSOCIATION
RANK & FILE UNIT SALARIES
EFFECTIVE OCTOBER 1, 1998
SWORN UNIT
JOB CODE JOB TITLE SALARY RANGE
6DWA DEPUTY SHERIFF-CRIMINALIST 1 4003 - 4413
6DVB DEPUTY SHERIFF-CRIMINALIST II 4360 - 5299
6DTB DEPUTY SHERIFF-CRIMINALIST 111 5045 - 6132
6XWA DEPUTY SHERIFF 3836 - 4663
6XWB DEPUTY SHERIFF-56 HOUR 3836 - 4663
6XTA SERGEANT 4439 - 5395
NON-SWORN UNIT
JOB CODE JOB TITLE SALARY RANGE
6D7B CRIMINALISTICS LAB AIDE 2318 - 2818
6X7A DEPUTY SHERIFF-RECRUIT 2726 FLAT
64WH FINGERPRINT EXAMINER 1 3354 - 3698
64VG FINGERPRINT EXAMINER II 3727 - 4530
64WJ FINGERPRINT TECHNICIAN 1 2475 - 2729
64VH FINGERPRINT TECHNICIAN II 2650 - 3221
64HB LEAD FINGERPRINT EXAMINER 4005 - 4868
64HC LEAD FINGERPRINT TECHNICIAN 2851 - 3465
64VF SHERIFF'S AIDE 2459 - 2989
64WK SHERIFF'S DISPATCHER 1 3084 - 3400
64WM SHERIFF'S DISPATCHER II 3217 - 3411
64WR SHERIFF'S RANGER 2245 - 2729
64VE SHERIFF'S SPECIALIST 2929 - 3560
64HD SUPV SHERIFF'S DISPATCHER 3701 - 4498
r
DEPUTY SHERIFFS' ASSOCIATION
RANK & FILE UNIT SALARIES
EFFECTIVE APRIL 1, 1999
SWORN UNIT
JOB CODE JOB TITLE SALARY RANGE
6DWA DEPUTY SHERIFF-CRIMINALIST 1 4104 - 4525
6DVB DEPUTY SHERIFF-CRIMINALIST II 4470 - 5433
6DTB DEPUTY SHERIFF-CRIMINALIST III 5172 - 6287
6XWA DEPUTY SHERIFF 3933 - 4781
6XWB DEPUTY SHERIFF-56 HOUR 3933 - 4781
6XTA SERGEANT 4551 - 5532
NON-SWORN UNIT
JOB CODE JOB TITLE SALARY RANGE
6D7B CRIMINALISTICS LAB AIDE 2377 - 2889
6X7A DEPUTY SHERIFF-RECRUIT 2795 FLAT
64WH FINGERPRINT EXAMINER 1 3439 - 3791
64VG FINGERPRINT EXAMINER II 3821 - 4644
64WJ FINGERPRINT TECHNICIAN l 2538 - 2798
64VH FINGERPRINT TECHNICIAN II 2717 - 3303
64HB LEAD FINGERPRINT EXAMINER 4106 - 4991
64HC LEAD FINGERPRINT TECHNICIAN 2923 - 3553
64VF SHERIFF'S AIDE 2521 - 3064
64WK SHERIFF'S DISPATCHER 1 3162 - 3486
64WM SHERIFF'S DISPATCHER II 3299 - 4010
64WR SHERIFF'S RANGER 2302 - 2798
64VE SHERIFF'S SPECIALIST 3003 - 3650
64HD SUPV SHERIFF'S DISPATCHER 3794 - 4612
DEPUTY SHERIFFS' ASSOCIATION
RANK & FILE UNIT SALARIES
EFFECTIVE OCTOBER 1, 1999
SWORN UNIT
JOB CODE JOB TITLE SALARY RANGE
6DWA DEPUTY SHERIFF-CRIMINALIST 1 4229 - 4663
6DVB DEPUTY SHERIFF-CRIMINALIST II 4606 - 5599
6DTB DEPUTY SHERIFF-CRIMINALIST III 5330 - 6478
6XWA DEPUTY SHERIFF 4053 - 4926
6XWB DEPUTY SHERIFF-56 HOUR 4053 - 4926
6XTA SERGEANT 4690 - 5700
NON-SWORN UNIT
JOB CODE JOB TITLE SALARY RANGE
6D7B CRIMINALISTICS LAB AIDE 2449 - 2977
6X7A DEPUTY SHERIFF-RECRUIT 2880 FLAT
64WH FINGERPRINT EXAMINER 1 3544 - 3907
64VG FINGERPRINT EXAMINER II 3937 - 4786
64WJ FINGERPRINT TECHNICIAN 1 2615 - 2883
64VH FINGERPRINT TECHNICIAN II 2800 - 3403
64HB LEAD FINGERPRINT EXAMINER 4231 - 5143
64HC LEAD FINGERPRINT TECHNICIAN 3012 - 3661
64VF SHERIFF'S AIDE 2598 - 3158
64WK SHERIFF'S DISPATCHER 1 3422 - 3773
64WM SHERIFF'S DISPATCHER II 3748 - 4339
64WR SHERIFF'S RANGER 2372 - 2883
64VE SHERIFF'S SPECIALIST 3094 - 3761
64HD SUPV SHERIFF'S DISPATCHER 4106 - 4991
DEPUTY SHERIFFS' ASSOCIATION
RANK & FILE UNIT SALARIES
EFFECTIVE OCTOBER 1, 2000
SWORN UNIT
JOB CODE JOB TITLE SALARY RANGE
6DTC *DEPUTY SHERIFF-SR CRIMINALIST 5767 - 7009
6DWA DEPUTY SHERIFF-CRIMINALIST 1 4358 - 4805
6DVB DEPUTY SHERIFF-CRIMINALIST II 4746 - 5769
6DTB DEPUTY SHERIFF-CRIMINALIST III 5492 - 6676
6XWA DEPUTY SHERIFF 4176 - 5076
6XWB DEPUTY SHERIFF-56 HOUR 4176 - 5076
6XTA SERGEANT 4832 - 5874
* Class established December 1 , 2000
NON-SWORN UNIT
JOB CODE JOB TITLE SALARY RANGE
6D7B CRIMINALISTICS LAB AIDE 2529 - 3067
6X7A DEPUTY SHERIFF-RECRUIT 2968 FLAT
64WH FINGERPRINT EXAMINER 1 3835 - 4228
64VG FINGERPRINT EXAMINER II 4261 - 5179
64WJ FINGERPRINT TECHNICIAN 1 2830 - 3120
64VH FINGERPRINT TECHNICIAN II 3030 - 3683
64HB LEAD FINGERPRINT EXAMINER 4579 - 5565
64HC LEAD FINGERPRINT TECHNICIAN 3259 - 3962
64VF SHERIFF'S AIDE 2677 - 3254
64WK SHERIFF'S DISPATCHER 1 3526 - 3887
64WM SHERIFF'S DISPATCHER II 3862 - 4471
64WR SHERIFF'S RANGER 2444 - 2971
64VE SHERIFF'S SPECIALIST 3189 - 3876
64HD SUPV SHERIFF'S DISPATCHER 4231 - 5143
ATTACHMENT C
3T22.002--35-24.008 PERSONNEL
Chapter 34-23 C ap(cr 34-24
UNFAIR PRACTICES SANCTIONS
Seelio)ls: Sections:
22.W2 County. 214.002 Exclusio--
3"-22.004 Employee organizations. 34-24.004 Apinsl employee
organizations.
34-22.002 Comity. It is an unfair 31-24.006 Notice.
employe r-tmployee relations practice for the 34-24.008 Appesl.
county to:
(1) interfere uith,• restrain or coerce 34-24.002 Exclusive. Notwithstanding the
employees in the exercise of the rights provisions of Title 1, th- sanctions and appea!s
recognized or granted in this division; provided in this chapter are the only sanctions
(2) Dominate or interfere with the formation and 2ppeals provided by county ordinance or
of any employee organization or interfere with regulation for violations of the provisions of this
selection of a majority representative; _ division.(Ord. 70-17 § 1 (part), 1970).
(3) Contribute financial support to any
employee oreinization;or 3 4 - 2 4 .0 0 4 A g a i n s t a rn p l o v e e
(4) Refuse to meet and confer in good faith or!anizations.* The employee relations of5cer
(with representatives of formally organized mav, zfler reasonable notice, impose sanction(s)
employee organizations on matters within die for unfair emp)oyer-employee relations
scope of representation), or to refuse to consult practices, including but not limited to
with informally recognized employee suspension or revocation of privileges provid=d a
organizations on matters within the scope of rccognized employe: org2nizz6on, such as dries
repress ntstion. (Ord. 70-17 § i (part), 1970). deduction. (Ord. 70-17 § 1 (part), 1970).
34-22.004 Employee organizations. It is an 34-24.006 Notice. Tl)e employee rcla:io)is
unfair ernplover-employ--c relations practice for ofi-ictr shall immcdi�,tcly gve the employt-z
employee o:gan:zations or their representativeS organization written notice of tin- sanction(s)
or anembers to: moos-d. (Ord. 70-17 § I (part), 1970).
(1) lnt_rfere svit'h. res trair, or coerce
ennployets in the exercise of the rights 34-24.00S Appeal. Sznctious invoked b�-
recognized or granted in this division; the employee rel-tions officer may be appealed
(2) Coerce, attempt to coerce or discipline to the board within ten days of the rtlailii:^_ of
any member of an organization so as to hinder his notice, in which case the sanctions shall not
or impede the performance of his duties; be in force until the app-:rl h:,s h-en ruled upon
(3) Discriminat- against any employee with by the board. Such appeals shall be heard :in6
regard to the terms or conditions of membership decided at the next regular board meeting or an
because of race, color, creed, sex or national carli-r special meeting. (Ord. 70-17 § 1 (part),
origin; 1970).
(4) Refuse to consult, or meet and confer in
good faith, with management representatives on
matters within the scope of representation;or Chapter 34-26
(5) Initiate, engage in, cause, instigate,
encourage or condone a work stoppage of any DUES DEDUCTION
kind or other disruptive activities which art
detriincatA to tine conduct of county busincS: S_ctiuns:
and services. (O:d. 70-17 § 1 (pert), 1970). 3.5-26.002 Majority represen0tives.
34-26.004 New emp loyces in unit.
3.1-26.006 Other employees.
3,-26.004 AitIIioriz;!lion.
-Se 4;0-..c. 4 3507.
ATTACHMENT
The Deputy Sheriffs' Association and the County understand that the meet and
confer process with respect to the conditions of employment for project
classifications is unique and therefore differs from other regular classes
represented by the Sheriffs' Association in the following respects.
1. Project employees are not covered by the Merit System;
2. Project employees may be terminated at any time without regard
to the provisions of this Memorandum of Understanding, and without
right of appeal or hearing or recourse to the grievance procedure
specified herein;
3. Any provision of this Memorandum of Understanding which pertains to
layoff or seniority are not applicable to project employees.
EXHIBITS
(INFORMATION/REFERENCE ONLY)
A. SPECIALIZED ASSIGNMENTS
B. SHERIFF'S "OPEN DOOR" POLICY
C. MARSH CREEK DETENTION FACILITY SCHEDULING
D. COURT APPEARANCE OVERTIME
E. COMPENSATION FOR SERGEANTS ASSIGNED TO DEPUTY
SHERIFF POSITIONS
F. TRANSPORTATION BUREAU ASSIGNMENTS
G. POST ASSIGNMENTS
H. FIREARMS TRAINING POLICY
I. FLSA OVERTIME
J. EXTENSION OF PROBATION PERIOD FOR INJURED DEPUTY
SHERIFF
K. PRE-EMPLOYMENT AGREEMENT
L. CORONER'S DIVISION SHIFT
M. IDENTIFICATION OF SECTION 27 PROPOSALS
N. DETENTION FACILITY ASSIGNMENTS
O. TRANSFER LETTER
P. SCHEDULING
Q. MEDICAL/DENTAULIFE INSURANCE ADJUSTMENTS
R. LUNCH PERIOD
S. PAY PROCESS
T. SUCCESSOR AGREEMENT
EXHIBIT D
Sheriff-CoronerContra Richard K. Rainey
SHERIFF-CORONER
P.O. 391 Costa waren E RUP1
1inr1ezC2.California 94553-0039 LJl_J ll &tsisunl Sheriff
i)646- County
Gerald T.Mtloalnka
2404 Assistant Sheriff
Rodger L.Davis
Ass,stani Sher-l'
Contra Costa County
Deputy Sheriffs' Association
P.O. Box 333
Martinez. CA 94553
Attention: Bill Landis, President
Gentlemen:
This letter o:` agreement will serve to confirm certain agreements and
understandings reached as a result of meeting and conferring in good faith
between Contra Costa County (and the Sheriff's Department) and the Contra Costa
County Deputy Sheriffs' Association.
With regard to tfie M.O.U. section regarding Court Appearance Overtime
(Section 7.3, the parties agree to the following:
It is not the intention of the parties that a Deputy Sheriff/Sergeant receive
the full three hour minimum under this section if the appearance time for the
judicial proceeding is less than three hours prior to the start of the
employees scheduled shift or less than three hours following the end of the
employee's shift. In these instances, the Deputy Sheriff/Sergeant should be
paid for the amount of time between the scheduled court appearance and the
start or en the scheduled shift.
AkI
Sheriff-Coroner Deputy Sheri fs' Assoc. ersonnel Department
Date ��'� L Date A2-1p-4W Date �o�- �� r•
� inn nu e000 seem eA
B NOSSI NONNI BBmmO DmDOm 0B
e egeensn Cmeeoeo A
0 0000 ease° mc NONNI ee
MONO momm nm n311 °iee°� 1111 MR1H � eMe
mill� m Aeee9 �oo°�� o
e Aeeee eeo
mss sms mo
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Aeeemmmm
eeeNONNI� � ��iiil ' oe no
lill mmmm mmmm mm
mill gillimeAmn
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mono mono li1111 no
A ...n MOM mmomm ..... a
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1111 mill monoeases e .
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Ae � ee� ii=iiiaeeiie
I eases eoeee milli milli mme.
a um eases eases loll
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EXHIBIT C
(4ouutti of Ut uutra (�u��i-t
(Offirr of thr -2Itrriff
January 23, 2001 Warre�nE.Rupl 1
Mr. Rich Jensen, President
Deputy Sheriffs' Association
1780 Muir Road
Martinez, CA 94553
Dear President Jensen:
This letter will confirm certain understandings concerning the staff schedule of Deputy Sheriffs at
the Marsh Creek Detention Facility.
1) Effective Monday, July 5, 1993 the Marsh Creek Detention Facility will be considered a
"minimum security, sentenced male" facility. Housing unit Deputies will be assigned to
each dorm and will be responsible for general supervision of inmates.
2) Facility staffing shall be four Sergeants and eighteen Custody Deputies. Two of the
eighteen Deputies are relief positions. There is one contract Deputy position with Public
Works. Acceptable staffing per shift, before overtime, will be one Sergeant and four
Deputies.
3) Minimum staffing will be maintained by mandatory overtime and/or scheduled overtime
for short days. No call back shall be used to maintain the four(4)hour block on short days
under normal replacement.
4) The shift schedule attached hereto and marked "Attachment 1" shall be in effect at the
Marsh Creek Detention Facility. If the Sheriff intends to adopt a schedule other than as
described in "Attachment I", he shall meet and confer with- the Deputy Sheriffs'
Association prior to implementing the modified schedule.
5) The not-to-exceed population for Marsh Creek Detection Facility will be 300 sentenced
inmates. The facility will have 320 beds available(80 per dorm) without opening C Dorm
ny modifications.
Contra Costa Co ty Ontra Coe.Centy
Deputy Sheriffs' Assn. Sheriff
Date
Post Office Boz 391 - Martinez.California 94553-0039
(925)335-1500
"Community Policing Since 1850...."
'EXHIBIT B
Contra Personnel Department
CostaThird floor, Administration Bldg.
•71 651 Pine Street
�
n 'n}� Martinez, California 94553.1292
�J�Ju Il�/ (415)646-4064
tufty O. cisferman
Oi.ector of Pefsonnel
December 28, 1987
Mr. Al Earle. President
Deputy Sheriff's Association
P.O. Box 333
Martinez, CA 94553
Dear Mr. Earle:
This side letter confirms agreements reached between Contra Costa County and the
Deputy Sheriff's Association during negotiations for a new memorandum of
understanding commencing July 1 , 1987 regarding the Sheriff's "Open Door
Policy" .
The Sheriff's Department agrees to continue its present "open door policy" and
communications in the Labor-Management Committee such that the Deputy Sheriff's
Association can represent in a potential grievance employee(s) who do not wish
to be identified or associated with the grievance.
If the foregoing conforms with your understanding, please indicate your accep-
tance and approval in the space provided below.
Date
Deputy Sheriff's Association Contra Costa County
By By
IPMQ
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
BUREAU/LOCATION POSITION & RANK MINIMUM QUALIFICATIONS
Administrative Services
Administrative and Community
�e ices Sergeant None
Deputy 1 Year Patrol Experience
Professional Standards and
Resources Sergeant None
Depute 1 Year Patrol Experience
fC/
L / /
Deputy Sheriff's Ass iatt n Date
21/
Con Costa Court She&Coroner Date
EXHIBIT A
SHERIFF'S DEPARTMENT
Specialized Assignments
May 1985
Revised January 2001
BUREAUIWCATION POSMON& RANK MINIMUM QUALIFICATIONS
Custody Services Bureau
Detention Division
Administrative Sergeant None
Classification Sergeant None
Classification Deputy Completion of Probation
Custody Alternative Sergeant None
Custody Alternative Deputy Completion of Probation/Patrol Qualified
Transportation Sergeant None
Transportation Deputy Completion of Probation
Court Security Division
Sergeant None
Court Security Deputy Completion of Detention FTO
Support Services Bureau
Coroners Office
Coroner's Sergeant None
Coroner's Deputy I Year Patrol Experience
Technical Services Division
Civil Sergeant None
Civil Deputy 1 Year Patrol Experience
Emergency Services Division
Volunteer Services Sergeant None
Volunteer Services Deputy 1 Year Patrol Experience
Field Operations Bureau
Patrol Division
Administrative Sergeant None
Contract City Sergeant None
Contract City Deputy Completion of Patrol FTO
Special District Sergeant None
Special District Deputy Completion of Patrol FTO
Marine Patrol Sergeant None
Marine Patrol Deputy Completion of Patrol FI'O
J-Team Sergeant None
J-Team Deputy Completion of Patrol FTO
Helicopter Observer Deputy i Year Patrol Experience
Investigations Division
Team Leader Sergeant None
Investigator Deputy 1 Year Patrol Experience
EXHIBIT E
Sheriff-Coroner Richard K.Rainey
tC�-/tc^ntra SHERWF-CORONER
P.O.Boz 391 WSIa WA•r-.,E.Rupe
Martinet.C:ali(ornia 94553-0039 AasiSlanl Sherd:
s15)646- County Gerald T.Milosinka
2404 Assislanl Sheat:
Rodger L.Davis
Ass-slant Shefa:
September 22, 1988
Contra Costa County
Deputy Sheriffs' Association
P.O. Box 333
Martinez, CA 94553
Attention: Bill Landis. President
Gentlemen:
This side letter will serve to confirm agreement reached as a result of labor
Management negotiations between Contra Costa County Sheriff's Department and
the Contra Costa County Deputy Sheriffs' Association regarding compensation
paid to Sergeants while assigned to Deputy Sheriff positions.
The County and the Association agree that effective October 1, 1988:
Sergeants may, at their discretion, volunteer and be assigned to wore
overtime in a Deputy Sheriff assignment. When this occurs, the Sergeant
will. be compensatedat at Deputy Sheriff .salary- step:next below that of the
volunteering Sergeant.- The above option may be utilized only when all
reasonable efforts to assign the overtime to Deputy Sheriffs have been
exhausted.
If the foregoing conforms to your understanding, please indicate your approval
and acceptance space provided below.
Co a Costa County ontra Co to County Contra Costa County
Sheriff-Coroner eputy Sheriffs' Assoc.
3 ��
ate
TY:mg
cc: Auditor-Controller
p:i EOUl.L 0;-P0GTUN47v EMPLOYER
EXHIBIT F
Ut nluttu of (tlunirtt (�u��t,
(Offirr of (lir -,@Nirrif f
January 23, 2001 Warren
srwyw Rup!
Mr. Rich Jensen, President
Deputy Sheriffs' Association
1780 Muir Road
Martinez, CA 94553
Dear President Jensen:
This letter is to confirm agreement between Contra Costa County, Office of the Sheriff, and the
Deputy Sheriffs' Association as follows:
With regard to the Transportation Unit within the Detention Division, the Sheriff and the Deputy
Sheriffs' Association agree that:
1) In order to be permanently assigned to the Transportation Unit, all personnel must have
completed their probationary period.
2) Only two Deputy Sheriff's in the Transportation Unit shall be allowed off on vacation
concurrently, except that existing rules and policies relative to vacation for voluntarily
and involuntarily transferred personnel shall continue to apply.
3) If there are not enough bidders to fill vacancies, vacancies may be filled by the
involuntary transfer of the least senior Deputy Sheriff who has completed probation.
4) All Deputies selected for the Transportation Unit agree to random drug and or alcohol
. testing as outlined in the Department of Transportation (DOT)guidelines.
5) Personnel requesting assignment to the Transportation Unit agree to stay a minimum of
18 months in that assignment due to licensing and training commitments.
If the foregoing confirms your understanding, please indicate approval and acceptance in the
space provided below:
Dated: 11/7-VX;/
arren E. 16pf Rich Je en
Sheriff Deputy riffs' Assn.
Post Office Box 391 • Martinez.California 94553-0039
(925) 335-1500
"Community Policing Since 1850...."
EXHIBIT G
Sheriff-Coroner Richard K.Rainey
tra SHERIFF-CpRONER
P.O.Box 391COSta wamen E Rupt
Martinez,California 945$$cD039 Assistant Sherill
15)372- Count/ Gerald T.MHOSInk■
646-2402 `J Assistant Sherirl
March 1, 1988
Contra Costa County
Deputy Sheriffs' Association
P.O. Box 333
Martinez, CA 94553
Attention: Bill Landis, President
Gentlemen:
This letter of agreement will serve to confirm the following agreement reached
as a result of meeting and conferring in good faith between Contra Costa County
(Sheriff's Department) and the Contra Costa County Deputy Sheriffs'
Association.
Deputy posts will be assigned on their respective shifts as follows:
1. The shift sergeant will solicit input from deputies as to the deputies'
choice of post assignment.
2. The shift sergeant will evaluate the experience level , knowledge and past
performance of each deputy and make post assignments based on who they
believe is the "most qualified" for the position. Seniority may .be
utilized as- a factor wllerg the supervisor determines who is - the "most
qualified".. (s,"CV 1,,42
3. The shift sergeant will assign deputies to posts to promote pride ,
accountability and consistency.
4. If the sergeant evaluates and concludes two deputies are equally qualified
for a post, seniority may be the deciding factor in making the selection.
If the foregoing conforms to your understanding, please indicate your approval
and acceptance in the space provided below.
ra Costa CountyContra Co a ounty Contra Costa County
Sheriff-Coroner Deputy Sheriffs' Assoc.
Date:
AN EOUAL OPPOnTUNIIY EMPLOvCA
EXHIBIT H
Contra Personnel Department
CostaCosThird floor, Administration Bldg.
w `u 6S1 Pine Street
Martinez, California 94553.1292
County I t (41S)646-4064
Harry O. eisterman
Director of Personnel
December 28, 1987
Mr. Al Earle, President
Deputy Sheriff's Association
P.O. Box 333
Martinez, CA 94553
Dear Mr, Earle:
The existing firearms training policy shall be maintained, except that deputies
shall be entitled to qualify quarterly, on the deputy's own time with the
department supplying the Rangemaster and with tFe department supplying the
ammunition.
There shall be advance notice and opportunity to sign up, with the department
providing enough different opportunities to cover people with different, shifts
and days off. There may be a one-day make-up mid-quarter.
Qualified Rangemasters mai satisfy their quarterly requalification by serving as
Rangemaster on their own time.
If the foregoing conforms with your understanding, please indicate your accep-
tance and approval in the space provided below.
Date ��Z_a-2 2-
Deputy
Deputy Sheriff's Association Contra Costa County .
BY BY
Ipma
INTERNATIONAL PERSONNEL 4AAcNAGEMENT ASSOCIATION MEMOLR
EXHIBIT 1
..Contra Personnel Department
costa�JlJS}� Third Floor, Adminisuadon Bldg.
W1 Pilw Succl
County
'�fi' Martinet, California 94553.1292
�. ou ly (4151 372.4064
"&rry O. citterman
Oiretrnr nl ('erto�e+cl
June 18, 1987
Contra Costa County
Deputy Sheriffs' Association
P.O. Box 333
Martinez, CA 94553
Attention: Al Earle, President
Gentlemen:
This letter of agreement will serve to confine the following agreements reached
as a result of meeting and conferring in good faith between Contra Costa County
(and the Sheriff's Department) and the Contra Costa County Deputy Sheriffs'
Association.
The County agrees that overtime will be categorized as (a) FLSA overtime for
hours scheduled and worked in excess of 171 hours in a given 28 day period; and
(b) H.O.U. overtime, which is based on work in addition to the scheduled
assignment.
The County further agrees:
1 . All overtime paid under this agreement will be at the rate
overtime is paid to Deputy Sheriffs in "5/8" shift
assignments;
2. To pay one-half hour for each hour of FLSA overtime (hours
scheduled and worked in excess of 171 hours up to 195 hours) ;
3. To pay for FLSA overtime in excess of 195 hours at 1 112
hours for each hour worked;
4. To pay M.O.U. overtime in accordance with paragraph 1 above;
5. Not to charge M,O.U. overtime worked against FLSA overtime;
6. This agreement will be retroactive to April 16, 1986 minus
any FLSA overtime previously paid deputies assigned t) the
Coroner's Division.
If the foregoing conforms to your understanding, please indicate your approval
and cceptance in he space provided below.
nuk
Con ra Costa Coun Contra Costa County Contra Costa County
Sheriff-Coroner Deputy Sheriffs' Assoc.
- 2-3 - 6 7
1pmtcl
DAT
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
EXHIBIT J
�nntltq of Crinatra (�n�;t,l
(1D1 firr n1 ilir �lirrifi
Warren E. Rupt
January 23, 2001 5"e`,"
Mr. Rich Jensen, President
Deputy Sheriffs' Association
1780 Muir Road
Martinez, CA 94553
Dear President Jensen:
This letter of agreement will serve to confirm certain agreements and
understandings reached as a result of meeting and conferring in good faith
between the Contra Costa County Sheriff's Department and the Contra Costa
County Deputy Sheriffs' Association.
In addition to the provisions of Section 18.4 in the 1985-87 Memorandum of
Understanding between Contra Costa County and the Deputy Sheriffs'
Association, the parties have agreed that the probationary period for the
classification Deputy Sheriff may be extended under the following conditions.
When a probationary Deputy Sheriff is injured and unable to perform the
full duties of Deputy Sheriff, the Sheriff may offer a light duty position to
the injured Deputy. The Sheriff, Deputy, and D.S.A. may then sign an
agreement that the probationary period for the injured Deputy Sheriff will
be extended by a length of time equal to the during of the light duty
assignment. The light duty assignment will not exceed nine months in
duration.
Contra Costa County Contra o County Contra Costa C unty
Deputy Sheriffs' Assn. Sheriff-Coroner
Post Office Box 391 • Martinez.California 94553-0039
(925) 335-1500
"Community Policing Since 1850...."
EXHIBIT K
Sheriff-Coroner . Richard K.Ralney
Contra SHERIFF-CORONER
P.O.Sox 391 Costa 1k1%.«n E.Rup(
Vartlnez. California 94553-0039 Assistant Sherill
115) 372-2402 County Gerald T.Mltoslnks
Assistant Sheriff
March S. 1986
Contra Costa County f
Deputy Sheriff' s Association
P.O. 8ox 333
Martinez, CA 94553
Attention: Obie Anderson, President
Gentlemen:
This letter of agreement will serve to confirm certain agreements and
understandings reached as a result of meeting and conferring in good - faith
between Contra Costa County (and the Sheriff's Department) and the Contra
Costa County Deputy Sheriffs' Association.
The parties have agreed as follows:
1. The Sheriff' s Department may, at its sole discretion, require
candidates for Deputy Sheriff and Deputy Sheriff Recruit to sign a
"Pre-employment Agreement" (attached hereto) prior to permanent hire
with the Department.
2. The Deputy Sheriffs' Association (DSA) has no role, rights, or
responsibilities, on either side, with reference to said agreements,
except as specifically provided hereafter in section/paragraph 5.
3. The pre-employment agreement states that a newly hired Deputy
Sheriff/Deputy Sheriff Recruit agrees to remain employed with the
Sheriff's Department for 30 months from the date of hire or
promotion to Deputy Sheriff. Should the employee resign within that
period of time to accept a law enforcement position with another
agency, the employee is required to reimburse the County for certain
salary costs described in the attached schedule.
4. The Reimbursement Schedule will be updated annually at the beginning
of each year to reflect any changes in salary or training costs.
5. The County will not invoke its rights in whole or in part (i .e. , it
could invoke it partially) under said Pre-employment Agreement, if
the degree of invocation of the section would work an injustice.
"Injustice" here involves the expectations of the County, what the
new employee knew or should have reasonably foreseen when he/she was
hired, intervening unexpected occurrences or illnesses, and so on.
This paragraph contemplates that the County (Sheriff's Department)
may invoke the economic pay back partially, and the partial
invocation would not result in an injustice. The protections of
this section (5) may be invoked under the grievance procedure only
by the Deputy Sheriffs' Association.
- • . nnr nTllt,ITV C. 0f "JV(n
Deputy Sheriffs' Association
March 5, 1986
Page 2
6. The current M.O.U. (1985-1987, signed November 19, 1985) is hereby
modified as follows:
a) Section 23.4(1) is-modified to allow four (4) Immediate
Arbitrations in any fiscal year.
b) Section 23.4(M) is modified as follows: "Until such time as
four (4) arbitrations in a fiscal year have been held. . ."
�} Section 23.4(N) is eliminated completely from the M.O.U.
If the foregoing conforms to your understanding, please indicate your
approval and acceptance in the space provided
7,
Contra Costa County C tra osta County ontra Costa bvnty
Deputy Sheriffs' Association Sheriff-Coroner
Date
• ' ' EXHIBIT L
Sheriff-Coronera,chwd K.Rainey}}
�trC+ S"ERWF-C..RONE=
P.O.Box 39'. Costa WW"n E Nuel
!
Inez-3C �f ia 94553-00�9 Assistant Shentf
[4 C Counfi� r U,fas,ni,,
Assistant Sf:eriff
April 7. 1926
Ccntra Costa Ccutj
Deputy Seri;. As_7zda tion
P.O. acx 31-3
I"._rtinez, CA _
Attention: Cti= r`.fCErSCr., ?reside
G=_ntie^..e^:
Thi l..__2r• P- Ecr_=M2n-7_ i1'1 �'�_ �J c_-rf;rm certain Cr_r== _--
UnCerstarc:ncs r as a res::?= o7 = ird conferrir ;.l
be:::een Ccrt-: C;,s_a C:,unty (air t:le Cepartment) t:_ _
Costa County Deputy Sheriffs' Assccia:c .
The parties have agreed as follows:
1. The shit: in the Ccroner' s Division previously known as the "2f hour"
shift will be increased in lenoth to 24 hours and ten (:C) mi:ut2s.
There is no change in the number or days worked or rotation of txr<
days.
2. On the 2t hour, 10 minute shift, the hcurs between 10:00 p.m. and 6:CC
a.m. :ri;l be designated "sdee? t: '" in accordance wit; F.L.S.a.
provisic:: .
a) from gett:. - -=
hcers c` s'.=_D on - a part --;j': .r sif=t. the ent:r=
r..-n. and 6:CO a.m. wiii be counted as ::cr..
b) If the De-Duty has at le7-st five hours sleep time 2va:iib1e bet:.e
10:00 p.�. a^c 6:00 a .m. , th-2 sisep time provision w.:i be in
effect f:,r that shift. the five hcurs minimum siee period
result fro.. no more than tao distinct sleep periods t:,tal i ffy f i v
hours (i .e. , 3 + 2; 4 + 1) . If three separate sleep periods axs:
be totel e^ t^ reach the ci ri r,.un fide hours (2+2+1) the entire t ...e
between 1C :.-:. and 6 a.m. will be t:crk time.
C) If Vic- C.'.=: :: :.S in (u; are Ge:, the total sleep _':T.2 fcr -
Shift i= de=_==ed fror.. tie total 2: hour. 10 mi:ut; sai.t .;,r
cccoutinc =.L ...A. work It is understood that slcc-p -e
refers t: E opportunity to sleep. free frcn wcrk.-relat=C
interru;:.:r.s
3. On the 24 hour, 10 minute shift, there wi l l be two thirty minute meal
periods which will not count as cork time under F.L.S.A. These periods
will be flexibly scheduled to allow the Deputy an uninterrupted meal
period. If work interruptions prevent the Deputy from having a
particular meal period, that 30 minutes period will be c2unted as work
time for the shift.
4. Deputy Sheriffs who are assigned to the 24 hours, 10 mirut2 sn::t and
work overtime (as defined by M.O.U. or F.L.S.A. ) will be c3mpenszt2d in
the same manner as Oeputy Sheriffs Working "5-8" or "4-10" shirts. This
does not prevent Deputy Sheriffs in the 24 hour, 10 minute shift frcr
electing to accrue "comp time" under M.O.U. or F.L.S.A. provisions.
5. The provisions in (:) through (4) above take effect April 16, 1986.
After a threz month period either the Sheriff or the Deputy Sheriffs'
Association may reques further me_= and confer regardine tie continuer.
provisions of this acrc—sment, and this agreement shall cezse.
ont a Costa County Contra Costa County Contra Costa runty
Sheriff-Coroner j Deputy Sheriff's
Association
zz, 1
Date
EXHIBIT M
Contra Personnel Department
Costa ` Administration Bldg.
�n
- 651 Pine Street
County Martinez. California 94553-1292
August 14, 1992
Carl D. Carey, President
Deputy Sheriffs' Assn.
1780 Muir Road
Martinez CA 94553
Dear Mr. Carey:
This letter will serve to identify the proposals as listed in Section 27.A, Physical
Fitness Health Care. These proposals are from the negotiation package dated 1989.
Department #2: Eliminate Safe Driving Award.
Department #7: Develop a physical fitness maintenance program.
BSA #16: Smoking Program
DSA 117: Physical Health
DSA 418: Sick Leave Incentive Program
DSA 947: Annual Physical
DSA #80: Wellness Program
This letter in no way circumvents the agreement reached and defincd in Section 27.A
of the current MOU between DSA and the Contra Costa County, and is not grievable.
If the foregoing conforms to your understanding, please indicate your approval and
acceptance in the space provided below.
Dated: Q I Z9 4Z
CONTRA COSTA COUNTY DEPUTY SHERIFFS' ASSN .
Richard K. Heyne Carl D. Carey, Pres lent
Employee Relations er
SHERIFF'S DEP4RTMENT
Ic and }�. R tney,
She f-Coroner
Writ:y w
OSA/Scct27.E►1i
EXHIBIT N
COntt -Personnel Department
r, .
Costa • • ` Administration Sidg.
^ s 651 Pine Sheet
Martinez, Catikxnia 94553-1292
r•
August 10, 1992
Carl D. Carey, President
Deputy Sheriffs' Assn.
1780 Muir Road
Martinez CA 94553
RE: DETENTION FACILITY ASSIGNMENTS
Dear Mr. Carey:
This Side Letter memorializes agreement reached during 1991-1992 MOU negotiations
regarding Detention Facility Assignments. It is agreed that:
Employees working in the Detention Division can express their preference to work
in a specific facility, other than the one in which they are presently working, for the
following quarter. This preference must be submitted on or before the 15th of the'
second month .of the shift on a form developed for this purpose via the chain of
command.
The following criteria will be taken into consideration when determining facility
assignment:
• Employee skills, abilities, training and experience.
• Division operational needs.
Employee performance evaluations and any other indices of employee
performance including special recognition the employee has received.
• Employee department seniority.
The decision of (lie Depat-tment is final.
Upon request, employees will be advised of the reason(s) for denial of their request
for facility relocation. This request will be directed to the Division Commander.
If the foregoing conforms to your understanding, please indicate your approval and
acceptance in the space provided below.
Dated: 24 /QZ
CONTRA COSTA COUNTY DEPUTY SHERIFFS' ASSN.
0
Richard K. Heyn Carl D. Carey, Presid
Employee Relation a ager
SHERIFF'S DE TIIIENT
and inW, S1 erif� oncr
wa:yba
OSA/d(ass lgn.sl
EXHIBIT O
ContraPersonnel Department
j
Co
WJIa • . Administration Bldg.
651 Pine Street
County � Martinez. California 94553-1292
August 10, 1992
Carl D. Carey, President
Deputy Sheriffs' Assn.
1780 Muir Road
Martinez CA 94553
RE: TRANSFER LETTER
Dear Mr. Carey:
This Side Letter confirms the following agreement:
For those employees scheduled to be transferred at the beginning of a quarter to a
new division, the Department will make its best efforts to have the transfer letter in.
the personal possession of the transferring employee prior to the establishment of
the quarterly shift signup. If said letter is not provided prior to shift signup, upon
request, the Department will furnish the DSA President or designee, of the
reason(s) that said letter was not provided prior to the shift signup.
If the foregoing conforms to your understanding, please indicate your approval and
acceptance in the space provided below.
Dated:- R Zg 9 L
CONTRA COSTA COUNTY DEPUTY SHERIFFS' ASSN.
` LL.cSL
Richard K. Heyn Carl D. Carey, resi
Employee Relatio gager
SHERIFF'S DEPA MENT
is and ainey, Sheri over
Not:yw /
OSA/ar•ns tcr.�l
EXHIBIT P
Human Resources
COntra Department
Costa `
Administration Bldg.
County651 Pine Street.Third Floor
r'''� Martinez,California 94553-1292
(510)335-1764
April 8, 1997 Leslie T.Knight
Director of Human Resources
Louis Kroll, President
Deputy Sheriffs' Association
1780 Muir Road
Martinez CA 94553
RE: SCHEDULING
Dear Mr, Kroll:
This letter confirming the agreement reached May 17, 1996 during the negotiations
concerning the 1995-98 Memorandum of Ur:derstanding (MOU) between the County
and the Deputy Sheriffs' Association (DSA) rescinds and replaces the side letter of
February 16, 1990 included in the 1991-95 MOU as Exhibit B.
1. Effective January 3, 1983, the Rehabilitation Center shall work a mutually
agreed upon schedule consisting primarily of twelve (12) hour days (excluding
two (2) to four (4) positions.
2. Effective January 3, 1983, sworn personnel assigned to the Patrol Division and
regularly working the graveyard shift only, shall work a schedule consisting of
four (4) days per week, ten (10) hours per day.
3. Effective January 1983, sworn personnel assigned to the Patrol Division and
regularly working days or the swing shift, shall work a schedule consisting of five
(5) days per week, eight (8) hours per day.
4. In consideration of the above modifications, the parties further agree to the
following additional conditions:
A. The Department agrees to schedule vacations to prevent loss of accrued
and accruing vacation provided that the individual employee give sixty
(60) calendar days advance written notice to the Division Commander that
he/she is approaching his/her maximum accrual.
B. Effective January 3, 1983 the following operational guidelines for the
minimum staffing of the patrol division shall be established. These staffing
levels shall- be interpreted as the minimum number of officers to be on
duty for each particular patrol watch. These levels are subject to change
by the Sheriff at any time for any of the following reasons:
1. To compensate for personnel shortages due to training needs.
2. To compensate for personnel shortages due to vacancies
occurring because:
a. There exists a lack of well-qualified lateral transfers or well-
qualified persons on the regular eligible list, or
b. The Sheriff elects to leave positions vacant in lieu of layoffs
or demotions; provided, however, that in no event will the
refusal of the Sheriff to fill an allocated, budgeted position
for any other reason than those set forth above constitute an
exception under this part.
3. Fiscal restraints that require reduction in authorized strength of the
Department or necessary reductions in expenditures to meet
budgeted levels.
4. Assignment of personnel to specialized duties to meet temporary
operational needs of the Department.
5. Any emergency situations.
STAFFING LEVELS
SHIFT MON. TUES. WED. THURS. FRI. SAT. SUN.
Graveyard 9 9 9 9 11 11 11
Day 16 15 16 16 16 16 16
Swing 17 17 17 17 19 19 .9
Nothing herein is intended to preclude employees being scheduled for either a 4/10 or
5/8 work week (i.e. Training Bureau) by mutual agreement between the employee and
the Sheriff or designee.
If the foregoing conforms to your understanding, please indicate your approval and
acceptance in the space provided below.
r
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Dated: 7[t o Iq 7
Contra Costa County Deputy Sheriffs' Association
}
Kathy to Luis Kroll, resident
Labor Relations Manager
r
cc: Rob Henderson, Undersheriff
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EXHIBIT Q
TENTATIVE AGREEMENT
MEDICAUDENTAULIFE INSURANCE ADJUSTMENTS
COVERAGES OFFERED
Effective January 1, 2000, the County will terminate its contract with Safeguard A
& B Dental and offer the Delta and PMI Delta Care Dental plans.
DENTAL PLAN SUBVENTION
Effective January 1, 2000, the County subvention for Dental plans will be as
follows:
Delta Dental 78%
PMI Delta Care 78% at 3 year rate guarantee
Dental Only County pays all but 0.1
DELTA DENTAL PLAN ENHANCEMENTS
Increase Annual Maximum from $1200 per member to:
$1400 1/1/2000
$1500 1/1/2001
$1600 1/1/2002
DOMESTIC PARTNER
Domestic Partner and dependents eligible to participate in dental coverage
contingent upon meeting eligibility and enrollment requirements.
LIFE INSURANCE
Effective January 1, 2000 increase coverage from $3000 to $7500 for employees
enrolled in either a health and/or dental plan.
i
HEALTH CARE SPENDING ACCOUNT j
Effective January 1, 2000, increase the amount employees may set aside from
their paycheck for health care expenses, not reimbursed by any other health
benefits plan with before tax dollars from $ 400 to $3000 per year.
OPEN ENROLLMENT
Open enrollment shall be held September 1 through October 15, 2000 for
coverage effective January 1, 2001. Open enrollment for coverage effective
January 1, 2002 shall be dependent on the outcome of negotiations.
TENTATIVE AGREEMENT
Dated:
FOR THE COUNTY FOR THE DEPUTY SHERIFFS'
ASSO IA ON
EXHIBIT R
Contra Human Resources
' : Department
Costa �+
.. .. Administration Bldg.
� " 651 Pine Street
County' Martinez. California 94553-1292
`J Tri K
April 21, 1999
Mr. George Yamamoto, President
Deputy Sheriffs' Association
1780 Muir Road
Martinez CA 94553
Dear Mr. Yamamoto:
This Letter of Understanding confirms agreements reached on February
25, 1999 related to hours worked by all members in the Rank & File Unit of
the Deputy Sheriffs' Association (DSA) assigned to the Investigation
Division in a field assignment in the Contra Costa County Sheriff's Office.
This agreement excludes contract positions with the District Attorney's
Office. Effective upon adoption by the Board of Supervisors, the parties
agree as follows:
1 . Notwithstanding Section 44 - Lunch Period of the DSA MOU, the
above-described employees shall work a straight eight (8) hour day
which includes a meal period not to exceed thirty (30) minutes.
2. Said employees shall utilize the same radio reporting procedure as
employees assigned to the Patrol Division.
- 3. &ai s-for 1�
4. The current incumbents in the administrative sworn and non-sworn
positions assigned to the Investigation Division may select either (a)
a one-half (1/2) hour paid lunch or (b), a one (1 ) hour lunch period
with one-half (1/2) hour of the one (1 ) hour lunch period paid. This
choice is available for the duration of the current MOU or until such
time as the position/assignment is vacated. Upon expiration of the
current MOU, or upon replacement of the current incumbent, which
0-
li
ever comes first, the lunch period for administrative swom and non-
sworn personnel assigned to the Investigation Division will be a one
(1) hour unpaid lunch period.
If the foregoing conforms to your understanding, please indicate your
approval and acceptance in the space provided below.
Date: 7 �(
CONTRA COSTA COUNTY DEPUTY SHERIFFS' ASSOCIATION
SHERIFF'S OFFICE
f:unions\dsa\neg\coprop\lunch s.l.
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EXHIBIT S
Contra Human Resources
Costa Department
""�ount ( _ Administration Bldg.
651 Pine Street,Third Floor
r Martinez.California 94553.1292
June 17, 1999 (510)335-1770
Leslie T.Knight
Director of Human Resources
Mr. George Yamamoto, President
Deputy Sheriffs' Association
1780 Muir Road
Martinez CA 94553
Dear Mr. Yamamoto:
In the event that the County and the Labor Coalition reach agreement to implement a
bi-weekly, semi-monthly, or monthly pay process with an annualized hourly rate during
the term of the Memorandum of Understanding (MOU) between Contra Costa County
and the Deputy Sheriffs' Association (DSA) Rank & File and Management Units, said
agreement will also be applied to DSA during the terms of such MOUs.
Once the new pay cycle process goes into effect (the first year of implementation), the
County will continue to pay the monthly uniform allowance to eligible DSA employees
through the end of the current fiscal year (6/30). Effective with the next July pay period,
the County will stop paying the uniform allowance on a monthly basis. Beginning on the
first pay day in the next following December, and each December thereafter, the
County will pay the uniform allowance in a separate annual pay warrant to those
employees in permanent pay status on each November 1".
Date:
CONTRA COSTA COUNTY DEPUTY SHERIFFS' ASSOCIATION
j1V1 .. 1X1 1 pA
4;�4
SHERIFF'S OFFICE
is unions\dsaMeg\coprop\biweekly
cc: Auditor-Controller
EXHIBIT T
Contra -= - i Human Resources
Costa Department
:�
Administration Bldg.
C -aunty %•�;�.� 651 Pine Street,Third Floor
1bOM Martinez, California 94553-1292
(925)335-1770
I
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July 9, 1999 I Leslie T.Knight
Director of Human Resources
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Mr. George Yamamoto, President
Deputy Sheriffs' Association
1780 Muir Road
Martinez CA 94553
I
Dear Mr. Yamamoto:
I
This Letter of Understanding confirms; agreement between Contra Costa
County and the Deputy Sheriffs' Association that negotiations for the
successor agreement of the MOU commencing October 1 , 1998 and
ending September 30, 2001, will begin April 15, 2001 .
I
If the foregoing conforms to your understanding, please indicate your
approval and acceptance in the space provided below.
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Date: Ct -
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CONTRA COSTA COUNTY DEPUTY SHERIFFS' ASSOCIATION
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SUBJECT INDEX
Adjustment Board.......................................................................... 125
Adoption........................................................................................ 159
AgencyShop..................................................................................... 6
AnniversaryDates........................................................................... 18
Arbitration...................................................................................... 125
Assignment of Classes to Bargaining Units..................................... 14
Association Representatives ........................................................... 17
Attendance at Meetings .................................................................. 16
BilingualPay ................................................................................. 153
Call-Back Time................................................................................ 35
Canine Allowance .......................................................................... 153
Certification Rules ......................................................................... 113
Classification Scheduling ................................................................ 42
Compensation Complaints ........................................................... 129
Compensation for Portion of Month................................................. 21
CompensatoryTime........................................................................ 32
Contra Costa Health Plan (CCHP) .................................................. 97
CoronerOvertime............................................................................ 35
Corrective Counseling System ...................................................... 132
CountyBuildings ............................................................................. 13
Critical Incident.............................................................................. 157
Court Appearance Overtime............................................................ 34
Damage to Personal Property ....................................................... 149
Days & Hours of Work..................................................................... 30
Definitions ......................................................................................... 2
Demotion....................................................................................... 119
Dental Contribution ......................................................................... 98
Dental Program ............................................................................... 98
Department Investigations.............................................................. 135
Detention Division Meals............................................................... 147
Detention Division Transfer Policy................................................... 39
Disability.......................................................................................... 70
Disciplinary Action......................................................................... 119
Dismissal....................................................................................... 119
Dispatchers................................................................................... 112
DSAPresident................................................................................. 17
DuesDeduction................................................................................. 6
Duration of Agreement .................................................................. 160
EntranceSalary............................................................................... 18
Family Care Leave .......................................................................... 83
FLSA............................................................................................. 157
Grievance Procedure .................................................................... 123
Health Care Spending Account ..................................................... 105
HealthPlan ..................................................................................... 96
Health Plan Contribution ................................................................. 97
Holidays .......................................................................................... 52
Holiday Compensation Time ........................................................... 56
Immediate Arbitration .................................................................... 126
Immediate Family (Sick Leave) ....................................................... 68
IncentiveProgram ......................................................................... 155
Increments Within Range ................................................................ 20
Internal Affairs Scheduling .............................................................. 42
Investigation Division Home Garaging ............................................ 41
Investigation Division Scheduling .................................................... 42
Investigators.................................................................................. 138
JuryDuty......................................................................................... 93
Labor/Management Committee ..................................................... 135
Layoff.............................................................................................. 45
Layoff During Probation....................................................::........... 109
Lead Deputy Sheriff/Corporal Assignment .................................... 137
Leaveof Absence ........................................................................... 82
Leave Without Pay — Use of Accruals ............................................. 89
Length of Service Definition .......................................................... 151
Letters of Reprimand..................................................................... 131
Life Insurance Program................................................................. 100
LunchPeriod................................................................................. 153
Maintenance of Membership ........................................................... 10
Marine Patrol Scheduling ................................................................ 42
Medical & Dental Appointments ...................................................... 67
MedicalLeave................................................................................. 83
MeritBoard .................................................................................. 131
Mileage ......................................................................................... 141
MilitaryLeave.................................................................................. 90
NoDiscrimination ............................................................................ 15
Non-Sworn Training Officer Program ............................................ 137
OpenExam ................................................................................... 113
On-Call Duty.................................................................................... 35
Orthodontic Coverage ..................................................................... 99
Overtime ......................................................................................... 32
Part-Time Compensation ................................................................ 21
PastPractices ............................................................................... 169
Pay for Work in Higher Classification .............................................. 26
Payment.......................................................................................... 27
Pay Warrant Errors ....................................................................... 141
Peace Officer Training .................................................................. 155
Permanent Part-Time Employee Benefits ..................................... 151
Permanent-intermittent Employee Benefits................................... 152
Personal Property Reimbursement ............................................... 149
PersonnelFiles ............................................................................. 144
Physical Examination .................................................................... 115
Physical Fitness Health Care ........................................................ 136
Pregnancy Disability Leave ............................................................. 88
PremiumPays............................................................................... 137
ProbationaryPeriod ...................................................................... 106
PromotionPolicy ........................................................................... 113
Provisional Appointment....................................................
Provisional Employee Benefits...................................................... 152
Reassignment of Laid Off Employees ............................................. 52
Reduction in Sala 119
Regular Appointment..................................................................... 108
Reimbursement for Meal Expenses .............................................. 147
Rejection During Probation ........................................................... 107
Residency Requirements .............................................................. 110
Resignations ................................................................................. 117
Retirement Contribution ................................................................ 138
Retirement Coverage .................................................................... 102
Safety............................................................................................ 141
Salaries ........................................................................................... 18
Scope of Agreement & Separability of Provisions ......................... 159
Seniority Credits............................................................................ 115
Service Awards ............................................................................. 146
Shift Differential for Non-Sworn Employees .................................. 111
SickLeave ...................................................................................... 63
i»
Skelly Requirements ..................................................................... 121
Strike/Work Stoppage ................................................................... 130
Suspension ................................................................................... 119
S.W.A.T. Uniform .......................................................................... 155
Transfer......................................................................................... 115
TransportationBureau..................................................................... 41
Unauthorized Absence .................................................................... 93
Unfair Labor Practice .................................................................... 150
UniformAllowance ........................................................................ 154
Vacation Accrual Rates................................................................... 59
VacationLeave ............................................................................... 58
Withdrawal of Membership............................................................... 11
WitnessDuty................................................................................... 95
WorkScheduling ............................................................................ 36
Workers' Compensation .................................................................. 75
Workers' Compensation for Non-Sworn Employees........................ 77
WorkforceReduction....................................................................... 43
WorkWeek ..................................................................................... 30
'f.. WHEN RECORDED,R TCIR'-TO CLERK, IIII III III I III II III III I IIII II III III I IIII I III III II
BOARD OF SUP!-.RVISORS CONTRA COSTA Co Recorder Office
STEPHEN L, WEIR, Clerk-Recorder
DDC— 2001-0211221-00
Monday, JUL 23, 2001 14:25:55
FRE $0.00
Tt 1 Pd $0.00 Nbr-0000454461
Irc/R9/1-2
BOARD OF SUPERVISORS,CONTRA COSTA COUNTY,CALIFORNIA
In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE and NOTICE
Notice of Completion of Contract with ) OF COMPLETION
JW& Sons ) (C.C.§3086,3893)
Budget Line Item No.6971-4538 ) RESOLUTION NO. 2001/333
Authorization No. 0927-WH538B )
The Board of Supervisors RESOLVES THAT:
The County of Contra Costa on August 26, 1999, contracted with JW & Sons for the construction of the new
Clinical and Public Health Laboratory, 2500 Alhambra Ave, Martinez, Budget Line Item No. 6971-4538,
Authorization No 0927-WH538B, with The American Insurance Company as surety, for work performed at the
Contra Costa Regional Medical Center site,and
The County Administrator reports that said work has been inspected and complies with the approved plans and
specifications, and recommends its acceptance as complete as of July 12, 2001.
Therefore, said work is accepted as recommended above, and the Clerk shall file with the County Recorder a copy
of this Resolution and Notice as a Notice of Completion for said contract.
PASSED 13Y THE BOARD on July 17,2001 by the following vote:
AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER, GERBER AND UILKDIA
NOES: NONE
ABSENT: NONE
CERTIFICATION and VERIFICATION
I certify that the foregoing is a true and correct copy of a resolution and acceptance duly adopted and entered on the
minutes of the Boards' meeting on the above date. I declare under penalty of perjury that the foregoing is true and
correct.
Dated: TtII.Y 17, 2001 John Sweeten, Clerk of the
At Martinez,California. Board of Supervisors and
County Administrator
ol
By__ _
Originator: County Administrator's Office
cc: County Administrator's Office
Auditor-Controller
General Service Department-Accounting
Contractor(Via O'Brien Kreitzberg)
Surety(Via O'Brien Kreitzberg)
County Recorder
RESOLUTION NO. 2001/333 Page 1 of 1
TO: BOARD"'OF SUPERVISORS
FROM: JOHN SWEETEN, COUNTY ADMINISTRATOR
;z Costa
DATE: July 17, 2001
COST';-COUt"� GT County
SUBJECT: ADOPT RESOLUTION ACCEPTING THE
CONTRACTED WORK AT THE NEW CLINICAL AND PUBLIC HEALTH
LABORATORY, 2500 ALHAMBRA AVE, MARTINEZ (WH538B)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. ADOPT Resolution accepting the contracted. work performed by JW & Sons for the
construction of the new Clinical and Public Health Laboratory, 2500 Alhambra Ave,
Martinez, Budget Line Item No. 6971-4538, Authorization No. 0927-WH538B.
2. AUTHORIZE the clerk to file with the County Recorder a copy of this resolution and
Notice as a Notice of Completion for said contract.
BACKGROUND:
On August 26, 1999, Contra Costa County contracted with JW & Sons and The American
Insurance Company, the bonding agency, for the construction of the new Clinical and Public
Health Laboratory, 2500 Alhambra Ave, Martinez. The Architect and Construction Manager
determined that the project was substantially complete on April 6, 2001.
The County Administrator reports that said work has been inspected and complies with
approved plans and specifications, and recommends its acceptance as complete as of July
12, 2001.
,2 >M�t�T�TEE CONTINUED ON ATTACHMENT: ✓YES SIGNATURE'-- - - -- -- - ---------------OMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND& ION OF BOARD CO
[,AP-PROVE OTHER
SIGNATURE(S):
ACTION OF BOARD APPROVE AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
XX UNANIMOUS(ABSENT None ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED JULY 17, 2001
CONTACT: JOHN SWEETEN, CLERK OF THE
BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
CC: Laura Lockwood,CAO
CAO Finance
Auditor/Controller
GSD Accounting
O'Brien Kreitzberg(via CAO)
Consultant(via CAO)
BY DEPUTY
TO: BOARD OF SUPERVISORSontra
--
FROM: JOHN SWEETEN, COUNTY ADMINISTRATOR •: _ _ -
__ . Costa
DATE: July 17, 2001
County
SUBJECT: ADOPT RESOLUTION ACCEPTING THE
CONTRACTED WORK AT THE NEW CLINICAL AND PUBLIC HEALTH
LABORATORY, 2500 ALHAMBRA AVE, MARTINEZ (WH538B)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. ADOPT Resolution accepting the contracted work performed by JW & Sons for the
construction of the new Clinical and Public Health Laboratory, 2500 Alhambra Ave,
Martinez, Budget Line Item No. 6971-4538, Authorization No. 0927-WH538B.
2. AUTHORIZE the clerk to file with the County Recorder a copy of this resolution and
Notice as a Notice of Completion for said contract.
BACKGROUND:
On August 26, 1999, Contra Costa County contracted with JW & Sons and The American
Insurance Company, the bonding agency, for the construction of the new Clinical and Public
Health Laboratory, 2500 Alhambra Ave, Martinez. The Architect and Construction Manager
determined that the project was substantially complete on April 6, 2001.
The County Administrator reports that said work has been inspected and complies with
approved plans and specifications, and recommends its acceptance as complete as of July
12, 2001.
CONTINUED ON ATTACHMENT: _YES SIGNATURE:
-----�---�-------------------------- - --- -- -= -= ---- -------�------ -- ----------
'�RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO MITTEE
L, PROVE OTHER
SIGNATURE(S):
ACTION OF BOARD APPROVE AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
XX
UNANIMOUS(ABSENT None ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED JULY 17, 2001
CONTACT: JOHN SWEETEN,CLERK OF THE
BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
CC: Laura Lockwood,CAO
CAO Finance
Auditor/Controller
GSD Accounting
O'Brien Kreitzberg(via CAO)
Consultant(via CAO)
BY , DEPUTY
WHEN RECORDED, RETURN TO CLERK,
BOARD OF SUPERVISORS
BOARD OF SUPERVISORS,CONTRA COSTA COUNTY,CALIFORNIA
In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE and NOTICE
Notice of Completion of Contract with ) OF COMPLETION
JW& Sons ) (C.C.§3086,3893)
Budget Line Item No. 6971-4538 ) RESOLUTION NO. 2001/333
Authorization No. 0927-WH538B )
The Board of Supervisors RESOLVES THAT:
The County of Contra Costa on August 26, 1999, contracted with JW & Sons for the construction of the new
Clinical and Public Health Laboratory, 2500 Alhambra Ave, Martinez, Budget Line Item No. 6971-4538,
Authorization No 0927-WH538B, with The American Insurance Company as surety, for work performed at the
Contra Costa Regional Medical Center site,and
The County Administrator reports that said work has been inspected and complies with the approved plans and
specifications, and recommends its acceptance as complete as of July 12,2001.
Therefore, said work is accepted as recommended above, and the Clerk shall file with the County Recorder a copy
of this Resolution and Notice as a Notice of Completion for said contract.
PASSED BY THE BOARD on July 17,2001 by the following vote:
AYES:
NOES:
ABSENT:
CERTIFICATION and VERIFICATION
I certify that the foregoing is a true and correct copy of a resolution and acceptance duly adopted and entered on the
minutes of the Boards' meeting on the above date. I declare under penalty of perjury that the foregoing is true and
correct.
Dated: Ii TI.Y 17, 2001 John Sweeten,Clerk of the
At Martinez,California. Board of Supervisors and
County Administrator
By
Originator: County Administrator's Office
cc: County Administrator's Office
Auditor-Controller
General Service Department-Accounting
Contractor(Via O'Brien Kreitzberg)
Surety(Via O'Brien Kreitzberg)
County Recorder
RESOLUTION NO. 2001/333 Page I of I