HomeMy WebLinkAboutRESOLUTIONS - 07172001 - 2001-309 I t
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 17, 2001, by the following vote:
AYES: SUPERVISOR GIOIA, GERBER, De SAULNIER, GLOVER, and UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Resolution No. 2001/ 309
Subject:
Adopt the Memorandum of Understanding)
With the Deputy Sheriffs' Association )
Management 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: WJ1 1-7, J07
JOHN SWEETEN, Clerk of the Board of
Supervisors and County Administrator
ByDeput
L v
Contact: Human Resources De artment(Kathy Ito @ 5-1785)
cc: Labor Relations Unit
Personnel Services Unit Via H.R.
Auditor—Controller/Payroll
George Yamamoto, DSA
RESOLUTION NO. 2001/ 309
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS' ASSOCIATION
MANAGEMENT UNIT
OCTOBER 1 , 1998 - SEPTEMBER 30, 2001
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DEPUTY SHERIFFS' ASSOCIATION
MANAGEMENT UNIT
TABLE OF CONTENTS
SECTION 1 ASSOCIATION RECOGNITION
1 .1 Association Recognition ..................................................5
1.2 Association Business ......................................................6
SECTION 2 ASSOCIATION SECURITY
2.1 Dues Deduction...............................................................6
2.2 Maintenance of Membership ...........................................6
2.3 Withdrawal of Membership ..............................................7
2.4 Communicating With Employees.....................................7
2.5 Use of County Buildings ..................................................8
2.6 Advance Notice ...............................................................9
2.7 Assignment of Classes to Bargaining Units................... 10
SECTION 3 NO DISCRIMINATION .................................................. 11
SECTION 4 OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings................................................. 12
4.2 Association Representatives ......................................... 13
SECTION 5 SALARIES
5.1 General Wage Increases............................................... 13
5.2 Entrance Salary............................................................. 13
5.3 Anniversary Dates ......................................................... 13
5.4 Increments Within Range .............................................. 15
5.5 Part-Time Compensation..... ........................................ 16
5.6 Compensation for Portion of Month ............................... 16
5.7 Position'Reclassification................................................ 17
5.8 Salary Reallocation & Salary on Reallocation................ 17
5.9 Salary on Promotion...................................................... 19
5.10 Salary on Involuntary Demotion.....................................20
5.11 Salary on Voluntary Demotion .......................................20
5.12 Transfer.........................................................................21
5.13 Pay for Work in*Higher Classification ............................21
5.14 Payment........................................................................23
SECTION 6 DAYS & HOURS OF WORK
6.1 Normal Work Week .......................................................26
6.2 Shift Operations.............................................................26
SECTION 7 SENIORITY. WORKFORCE REDUCTION, LAYOFF &
REASSIGNMENT
7.1 Workforce Reduction .....................................................26
7.2 Separation Through Layoff............................................28
7.3 Notice ............................................................................35
7.4 Special Employment Lists .............................................35
7.5 Reassignment of Laid Off Employees ...........................35
SECTION 8 HOLIDAYS
8.1 Holidays Observed ........................................................36
8.2 Floating Holidays...........................................................37
8.3 Application of Holiday Credit .........................................37
8.4 Permanent Part-Time Employees .................................37
SECTION 9 VACATION LEAVE
9.1 Vacation Allowance .......................................................38
9.2 Vacation Accrual Rates .................................................38
9.3 Accrual During Leave Without Pay................................39
9.4 Vacation Allowance for Separated Employees ..............39
9.5 Pro-Rated Accruals .......................................................39
9.6 Vacation Leave on Reemployment from Layoff List.......39
SECTION 10 SICK LEAVE
10.1 Purpose.........................................................................39
10.2 Accrual ..........................................................................40
10.3 Administration of Sick Leave .........................................45
10.4 Sick Leave/Absenteeism ...............................................46
10.5 Disability........................................................................46
10.6 Workers' Compensation ................................................52
10.7 Accrual During Leave Without Pay................................53
SECTION 11 LEAVE OF ABSENCE
11 .1 Leave Without Pay ........................................................54
11.2 General Administration ..................................................54
11.3 Family Care or Medical Leave.......................................55
11.4 Pregnancy Disability.;.....................................................60
11.5 Group Health Plan Coverage.........................................60
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11.6 Leave Without Pay - Use of Accruals ............................61
11.7 Military Leave .................................................................62
11 .8 Return from Leave of Absence......................................63
.11 .9 Appeal of Denial ............................................................64
11.10 Salary Review While on Leave of Absence ...................65
11.11 Unauthorized Absence ..................................................65
SECTION 12 JURY DUTY AND WITNESS DUTY
12.1 Jury Duty: .....................................................................65
12.2 Witness Duty .................................................................67
SECTION 13 HEALTH, LIFE AND DENTAL CARE
13.1 Health Plan....................................................................68
13.2 Contra Costa Health Plan (CCHP) ................................69
13.3 - Health Plan Contribution................................................69
13.4 Dental Program .............................................................70
13.5 Dental Contribution........................................................70
13.6 Orthodontic Coverage ...................................................71
13.7 Rate Information............................................................72
13.8 Life Insurance Program .................................................72
13.9 Life Insurance Contribution...........................
13.10 Premium Payments .......................................................72
13.11 Extended Coverage.......................................................73
13.12 Retirement Coverage ....................................................74
13.13 Dual Coverage ..............................................................74
13.14 Employee Assistance Program......................................75
13.15 Health Care Spending Account .....................................77
SECTION 14 PROBAtIONARY PERIOD
14.1 Revised;Probationary Period.........................................77
14.2 Criteria.:............................... 78
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14.3 Rejection During Probation............................................78
14.4 Regular Appointment.....................................................79
14.5 Layoff During Probation.................................................81
SECTION 15 GENERAL TERMS & CONDITIONS OF EMPLOYMENT/
MANAGEMENT BENEFITS
15.1 Incentives......................................................................81
15.2 Differeritials ...................................................................83
15.3 Leaves t Pay for Time Not Worked ..............................84
15.4 Benefits & Allowances...................................................85
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15.5 Terms & Conditions of Employment ..............................91
15.6 Officer of the Day Program............................................92
SECTION 16 PROMOTION
16.1 Competitive Exam .........................................................94
16.2 Promotion Policy ...........................................................95
16.3 Open Exam ...................................................................95
16.4 Promotion Via Reclassification Without Exam ...............95
16.5 Requirements for Promotional Standing ........................96
16.6 Seniority Credits ............................................................96
16.7 Physical Examination ....................................................97
SECTION 17 RESIGNATIONS
17.1 Resignation in Good Standing.......................................97
17.2 Constructive Resignation...............................................97
17.3 Effective Resignation.....................................................98
17.4 Revocation ....................................................................98
17.5 Coerced Resignations ...................................................98
SECTION 18 DISMISSAL, SUSPENSION & DEMOTION
18.1 Cause for Disciplinary Action.........................................99
18.2 Skelly Requirements.................................................... 101
18.3 Employee Response ................................................... 102
18.4 Leave Pending Employee Response........................... 102
18.5 . Length of Suspension.................................................. 102
18.6 Procedure on Disciplinary Actions............................... 102
SECTION 19 GRIEVANCE PROCEDURE
19.1 Definition ..................................................................... 103
19.2 Compensation Complaints........................................... 105
19.3 Strike/Work Stoppage.................................................. 106
19.4 Merit Board.................................................................. 106
19.5 Filing by Association.................................................... 107
19.6 Letters of Reprimand................................................... 107
19.7 Corrective Counseling System .................................... 107
SECTION 20 DEPARTMENT INVESTIGATIONS............................. 111
SECTION 21 LABOR/MANAGEMENT COMMITTEE....................... 111
SECTION 22 RETIREMENT CONTRIBUTION ................................. 111
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SECTION 23 SAFETY ....................................................................... 114
SECTION 24 MILEAGE .................................................................... 114
SECTION 25 PAY WARRANT ERRORS ......................................... 114
SECTION 26 PROVISIONAL APPOINTMENT................................. 115
SECTION 27 PERSONNEL FILES ................................................... 117
SECTION 28 SERVICE 'AWARDS.................................................... 118
SECTION 29 REIMBURSEMENT FOR MEAL EXPENSES & CHARGE
FOR DETENTION DIVISION MEALS
29.1 Reimbursement for Meal Expenses............................. 119
29.2 Charge for detention Division Meals............................ 120
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SECTION 30 COMPENSATION FOR LOSS/DAMAGE TO
PERSONAL PROPERTY
30.1 Conditions ................................................................... 121
30.2 Policies & Practices..................................................... 122
SECTION 31 UNFAIR LABOR PRACTICE ...................................... 122
SECTION 32 LENGTH OF SERVICE DEFINITION .......................... 123
SECTION 33 UNIFORM ALLOWANCE
33.1 Uniform Allowance....................................................... 123
33.2 Uniform Allowance Method of Payment....................... 124
33.3 S.W.A.T: Uniform ........................................................ 124
SECTION 34- PEACE OFFICER TRAINING INCENTIVE PROGRAM
34.1 Management/Executive P.O.S.T. Certificate ............... 124
34.2 Advanced P.O.S.T. Certificate..................................... 125
34.3 Deletion of Continuing Education Program.................. 125
SECTION 35 CRITICAL INCIDENT.................................................. 126
SECTION 36 ADOPTION ................................................................. 126
SECTION 37 SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS
37.1 Scope of Agreement.................................................... 126
37.2 Separability of Provisions ............................................ 127
37.3 Personnel Management Regulations........................... 127
37.4 Duration of Agreement ................................................ 127
ATTACHMENT
A. Salary Listing for Management Unit
EXHIBITS - (INFORMATION/REFERENCE ONLY)
A. Medical/Dental/Life Insurance Adjustment
B. Pay Process Letter Dated June 17, 1999
C. Negotiations for Successor Agreement Letter Dated July 7, 1999
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
DEPUTY SHERIFFS' ASSOCIATION
MANAGEMENT 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 benefits for the period
commencing October 1 , 1998 and ending September 30,
2001 .
DEFINITIONS
DEFINITIONS
Appointing Authority: Department Head unless
otherwise provided by statute or ordinance.
Association: Deputy Sheriffs' Association.
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.
County: 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.
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.
DSA MGMT. UNIT - 2 - 1998 - 2001 MOU
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DEFINITIONS
Employee: 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: Al 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 service's 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.
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.
DSA MGMT. UNIT - 3 - 1998 - 2001 MOU
DEFINITIONS
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
consideration for reappointment under the Personnel
Management Regulations governing reemployment.
DSA MGMT. UNIT - 4 - 1998 - 2001 MOU
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SECTION 1 - RECOGNITION
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%) at 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' Management Unit and such organization
has been certified as such pursuant to Chapter 34-12 of
Board of Supervisor's Resolution 81/1165 by Board Order
dated September 21 , 1993. Represented classes in this
unit are:
Captain (6XDA)
Deputy Sheriff-Chief, Criminalistics Lab (6DDA)
Sheriffs Chief of Forensic Services (6DDB)
Lieutenant (6XHA)
Deputy Sheriff-Supervising Criminalist (6DHA)
DSA MGMT. UNIT - 5 - 1998 -2001 MOU
SECTION 2 -ASSOCIATION SECURITY
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
without any loss of pay or benefit, provided that at least
twenty-four (24) hour advance written request is made.
The 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 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
DSA MGMT. UNIT - 6 - 1998 - 2001 MOU
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SECTION 2 -ASSOCIATION SECURITY
thereafter so long � as the Association continues to
represent the position to which the employee is assigned,
unless the employee has exercised the option to cease
paying dues in accordance with Section 2.3.
2.3 Withdrawal of Membership. By notifying the
Auditor-Controller's Department in writing, between August
1 and August 31 , 2001 , any employee may withdraw from
Association membership and discontinue paying dues as
of the payroll period commencing September 1 , 2001 ,
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.
2.4 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
at specific locations in County buildings if arranged
DSA MGMT. UNIT - 7 - 1998 - 2001 MOU
SECTION 2 -ASSOCIATION SECURITY
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 an appeal, 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.
2.5 Use of County Buildings. The Association shall
be allowed the use of areas normally used for meeting
DSA MGMT. UNIT - 8 - 1998 - 2001 MOU
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SECTION 2 - ASSOCIATION SECURITY
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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;
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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.
2.6 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
DSA MGMT. UNIT - 9 - 1998 - 2001 MOU
SECTION 2 -ASSOCIATION SECURITY
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.
2.7 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.
b. Final Determination. This determination is final
unless within ten (10) days after notification a
DSA MGMT. UNIT _ 10 - 1998 - 2001 MOU
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SECTION 3 - NO DISCRIMINATION
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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 (1) 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 MGMT. UNIT - 11 - 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 to address appeals filed pursuant
under Section 24 - Management Complaint
Procedure of this MOU;
d. if they are designated as spokesperson or
representative of the Association and as such
make representations or presentations at
meetings or hearings on wages, salaries and
working conditions; provided in each case
advance arrangements for time away from the
employee's work station or assignment are made
with the appropriate department head or his
designee, and the County , agency calling the
meeting is responsible for determining that the
attendance of the particular employee(s) is
required.
DSA MGMT. UNIT - 12 - 1998 - 2001 MOU
SECTION 5 - SALARIES
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4.2 Association Representatives. Official
representatives of the Deputy Sheriffs' Management Unit
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.
SECTION 5 - SALARIES
5.1 General Wage Increases
October 1 , 1998: 3.5%
April 1 , 1999: 2.5%
October 1 , 1999: 3.0%
October V2000: 3.0%
5.2 Entrance Salary. New employees shall generally
be appointed at the minimum step of the salary range
established for the particular class of position to which the
appointment is made. However, the appointing authority
may fill a particular position at a step above the minimum
of the range.
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5.3 Anniversary Dates. Except as may otherwise be
provided for in deep class resolutions, anniversary dates
will be set as follows:
DSA MGMT. UNIT - 13 - 1998 - 2001 MOU
SECTION 5 - SALARIES
a. New Employees. The anniversary date of a new
employee is the first day of the calendar month
after the calendar month when the employee
successfully completes six (6) months service
provided however, if an employee began work on
the first regularly scheduled workday of the
month the anniversary date is the first day of the
calendar month when the employee successfully
completes six (6) months service.
b. Promotions. The anniversary date of a promoted
employee is determined as for a new employee in
Section 5.3.a above.
C. Demotions. The anniversary of a demoted
employee is the first day of the calendar month
after the calendar month when the demotion was
effective.
d. 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 percent (5%) of
the top step of the previous classification,
remains unchanged.
e. Reemployments. The anniversary of an
employee appointed from a reemployment list to
the first step of the applicable salary range and
not required to serve a probation period is
determined in the same way as the anniversary
DSA MGMT. UNIT - 14 - 1998 - 2001 MOU
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SECTION 5 - SALARIES
date is determined for a new employee who is
appointed the same date, classification and step
and who ;then successfully completes the
required probationary period.
f. Notwithstanding other provisions of this Section
5, the anniversary of an employee who is
appointed to a classified position from outside the
County's merit system at a rate above the
minimum salary for the employee's new class, or
who is transferred from another governmental
entity to this County's merit system, is one (1 )
year from the first day of the calendar month after
the calendar month when the employee was
appointed or . 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
5.2 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.
DSA MGMT. UNIT - 15 - 1998 - 2001 MOU
SECTION 5 - SALARIES
Except as herein provided, increments within range shall
not be granted more frequently than once a year, nor shall
more than one (1 ) step within-range increment be granted
at one time, except as otherwise provided in deep-class
resolutions. In case an appointing authority recommends
denial of .the within range increment on some particular
anniversary date, but recommends a special salary review
at some date before the next anniversary the special
salary review shall not affect the regular salary review on
the next anniversary date. Nothing herein shall be
construed to make the granting of increments mandatory
on the County. If the department verifies in writing that an
administrative or clerical error was made in failing to
submit the documents needed to advance an employee to
the next salary step on the first of the month when eligible,
said advancement shall be made retroactive to the first of
the month when eligible.
5.5 Part-Time Compensation. A part-time employee
shall be paid a' monthly salary in the same ratio to the full-
time monthly rate to which the employee would be entitled
as a full-time employee under the provisions of this
Section 5 as the number of hours per week in the
employee's part-time work schedule bears to the number
of hours in the full-time work schedule of the department.
5.6 Compensation for Portion of Month. Any
employee who works less than any full calendar month,
except when on earned vacation or authorized sick leave,
shall receive as compensation for services an amount
which is in the same ratio to the established monthly rate
as the number of days worked is to the actual working
days in such employee's normal work schedule for the
DSA MGMT. UNIT - 16 - 1998 - 2001 MOU
SECTION 5 - SALARIES
i
particular month; but . if the employment is intermittent,
compensation shall be on an hourly basis.
5.7 Position Reclassification. An employee who is
an incumbent of a position which is reclassified to a class
which is allocated to' the same range of the basic salary
schedule as is the class of the position before it was
reclassified, shall be paid at the same step of the range as
the employee received under the previous classification.
An incumbent of a position which is reclassified to a class
which is allocated to a lower range of the basic salary
schedule shall continue to receive the same salary as
before the reclassification, but if such salary is greater
than the maximum of the range of the class to which the
position has been reclassified, the salary of the incumbent
shall be reduced to -the maximum salary for the new
classification. The salary of an incumbent of a position
which is reclassified to a class which is allocated to a
range of the basic salary schedule greater than the range
of the class of the position before it was reclassified shall
be governed by the, provisions of Section 5.9 - Salary on
Promotion.
5.8 Salary Reallocation & 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
DSA MGMT. UNIT - 17 - 1998 - 2001 MOU
SECTION 5 - SALARIES
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
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
DSA MGMT. UNIT - 18 - 1998 - 2001 MOU
i
SECTION 5 - SALARIES
in the new class which equals the rate of pay
received before reallocation. In the event that the
steps in the range for the new class do not
contain the same rates as the range for the old
class, the incumbent shall be placed at the step
of the new range which is next above the salary
rate received in the old range; or if the new range
does not contain a higher step, the incumbent
shall be placed at the step which is next lower
than the salary received in the old range.
D. In the event of reallocation to a deep class, the
provisions ,of the deep class resolution and
incumbent ; salary allocations, if any, shall
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
DSA MGMT. UNIT - 19 - 1998 - 2001 MOU
SECTION 5 - SALARIES
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
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.
DSA MGMT. UNIT - 20 - 1998 - 2001 MOU
SECTION 5 - SALARIES
5.12 Transfer. An employee who is transferred from
one position to another as described under "Transfer" shall
be placed at the step in the salary range of the new class
which equals the rate of pay received before the transfer.
In the event that the steps in the range for the new class
do not contain the same rates as the range for the old
class, the employee shall be placed at the step of the new
range which is next above the salary rate received in the
old range; or if the new range does not contain a higher
step, the employee shall be placed at the step which is
next lower than the salary received in the old range. If the
transfer is to a deep class, the provisions of the deep class
resolution on salary of transfers, if any, shall apply in lieu
of the above provisions.
5.13 Pav for Work in Hiaher 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 (11th) 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.
DSA MGMT. UNIT - 21 - 1998 - 2001 MOU
SECTION 5 - SALARIES
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.
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 and special differentials accruing
to the employee in his/her permanent position
shall continue unless the employee is no longer
performing the duties which warrant the
differentials.
DSA MGMT. UNIT - 22 - 1998 - 2001 MOU
i
SECTION 5 - SALARIES
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
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.
DSA MGMT. UNIT - 23 - 1998 - 2001 MOU
SECTION 5 - SALARIES
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 Pay 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
warrant advices shall be mailed directly to each
employee's home subject to the following:
a. Pay Warrants and pay warrant advices shall be
mailed no fewer than two (2) business days prior
to each appropriate pay date.
1 . 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.
2. 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
DSA MGMT. UNIT - 24 - 1998 - 2001 MOU
SECTION 5 - SALARIES
receiving the employee's request for a
replacement.
b. Payroll errors shall be corrected as follows:
1 . Errors of one hundred dollars ($100) gross or
more will be corrected within five (5) working
days.
2. Errors amounting to less than one hundred
dollars ($100) gross, shall be adjusted the
next pay period.
3. The hardship requirement will no longer
apply to payroll corrections.
4. Request for payroll corrections shall be
forwarded by the Department, not by the
employee, to the Auditor's Payroll Division.
5. Payroll adjustments would be by a paper
check as opposed to an electronic transfer.
6. Items 1 through 5 above notwithstanding, the
provisions of Section 25 — Pay Warrant
Errors of the current DSA MOU remain in
force and effect.
C. 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.
DSA MGMT. UNIT - 25 - 1998 - 2001 MOU
SECTION 6 - DAYS AND HOURS OF WORK
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 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
schedules to encompass the complete operational cycle
contemplated.
6.2 Shift Options. Nothing herein shall preclude the
Sheriff from assigning members of this unit to the same
shift pattern as a majority of employees they supervise.
SECTION 7 - SENIORITY, WORKFORCE REDUCTION.
LAYOFF & REASSIGNMENT
7.1 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.
DSA MGMT. UNIT - 26 - 1998 - 2001 MOU
i
SECTION 7- SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
i
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
or shortfalls when it is a viable operational
alternative for the department(s).
I
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.
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DSA MGMT. UNIT - 27 - '1998 - 2001 MOU
SECTION 7- SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
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.
7.2 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 Layoff. The order of layoff in a
department shall be based on inverse seniority in
the class of positions, the employee in that
DSA MGMT. UNIT - 28 - 1998 - 2001 MOU
I
SECTION 7- SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
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
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.
DSA MGMT. UNIT - 29 - 1998 -2001 MOU
SECTION 7- SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
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.
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.
DSA MGMT. UNIT - 30 - 1998 - 2001 MOU
SECTION 7- SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
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.
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
DSA MGMT. UNIT - 31 - 1998 - 2001 MOU
SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
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 Lavoff. 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
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 Lavoff and Reemployment 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.
DSA MGMT. UNIT - 32 - 1998 - 2001 MOU
I -
SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
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I
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 who
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 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:
I
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.
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DSA MGMT. UNIT - 33 - 1998 - 2001 MOU
SECTION 7- SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
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.
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.
DSA MGMT. UNIT - 34 - 1998 - 2001 MOU
SECTION 7 - SENIORITY, WORKFORCE REDUCTION, LAYOFF&
REASSIGNMENT
K. Removal of Names from Reemployment 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.
7.3 Notice. The County agrees to give employees
scheduled for layoff at least ten (10) work days notice prior
to their last day of employment.
7.4 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
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).
7.5 Reassignment of Laid Off Employees.
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
DSA MGMT. UNIT - 35 - 1998 - 2001 MOU
SECTION 8 - HOLIDAYS
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 8 - HOLIDAYS
8.1 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
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
November 11th, known as Veterans Day
Fourth Thursday in November, known as Thanksgiving Day
Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by
resolution designate as holidays.
Any holiday listed above which falls on a Saturday shall be
celebrated on the preceding Friday and any holiday listed
above which falls on a Sunday shall be celebrated on the
following Monday.
DSA MGMT. UNIT - 36 - 1998 — 2001 MOU
i
SECTION 8 - HOUDAYS
If amendments to Government Code 6700 and or 6701
become effective to delete any of the above as holidays or
to add new holidays,, such amendments shall be effective
for employees in this bargaining unit.
8.2 Floating Holidays. All employees shall accrue
two (2) hours of personal holiday credit per month. Such
personal holiday time may be taken in increments of one-
half (1/2) hours. No employee may accrue more than forty
(40) hours of personal holiday credit. On separation from
County service, the employee shall be paid for any unused
personal holiday credits at the employee's then current
pay rate.
8.3 Application of Holiday Credit. Employees on
the regular forty (40) hour 8:00 a.m. to 5:00 p.m. Monday
through Friday work;schedule shall be entitled to a holiday
whenever a holiday is observed pursuant to the schedule
cited above.
8.4 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) hours.
DSA MGMT. UNIT - 37 - 1998 - 2001 MOU
SECTION 9 - VACATION LEAVE
SECTION 9 - VACATION LEAVE
9.1 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 5.5 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.
9.2 Vacation Accrual Rates. All employees shall
accrue vacation credit 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
DSA MGMT. UNIT - 38 - 1998 - 2001 MOU
SECTION 10 - SICK LEAVE
9.3 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.
9.4 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.
9.5 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.
9.6 Vacation Leave on Reemployment From a
Layoff List. Employees with six 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 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.
SECTION 10 - SICK LEAVE
10.1 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
DSA MGMT. UNIT - 39 - 1998 - 2001 MOU
SECTION 10 - SICK LEAVE
may be used only as authorized; it is not paid time off
which employees may use for personal activities.
10.2 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 canceled, unless
the separation results from layoff in which case the
accumulated credits shall be restored if the employee is
reemployed in a permanent position within the period of
his layoff eligibility.
Upon retirement, an employee's accumulated sick leave
shall be converted to retirement time on the basis of one
(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.
DSA MGMT. UNIT - 40 - 1998 - 2001 MOU
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SECTION 10 - SICK LEAVE
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 10 permanent disability shall mean the
employee suffers from a disabling physical injury
or illness and is thereby prevented from engaging
in any County occupation for which he or she is
qualified by reason of education, training or
experience. Sick leave credits may be used
under this ; provision only when the following
requirements are met:
1 . An application for retirement due to disability
has been filed with the Retirement Board;
and
2. Satisfactory medical evidence of such
disability is received by the appointing
authority within thirty (30) days of the start of
use of sick leave for permanent disability.
The appointing authority may review medical
evidence and order further examination as
he deems necessary, and may terminate use
of sick leave when such further examination
demonstrates that the employee is not
disabled, or when the appointing authority
determines that the medical evidence
submitted by the employee is insufficient, or
where the above conditions have not been
met.
DSA MGMT. UNIT - 41 - 1998 - 2001 MOU
SECTION 10 - SICK LEAVE
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
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,
DSA MGMT. UNIT - 42 - 1998 - 2001 MOU
SECTION 10 - SICK LEAVE
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
and the projected date of the employee's
recovery from such disability.
e. Medical & ' 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
DSA MGMT. UNIT - 43 - 1998 - 2001 MOU
SECTION 10 - SICK LEAVE
for children and parents who may reside
outside of the employee's home. Such use of
sick leave credits shall be accounted for by
the department on a fiscal year basis. Any
balance of the forty (40) hours remaining at
the end of the fiscal year shall not be carried
over to the next year; departments shall
notify the employee if the maximum
allowance is reached. Authorization to use
sick leave for this purpose is contingent on
availability of accumulated sick leave credits;
it is not an additional allotment of sick leave
which employees may charge.
f. Emergency Care of Family. An employee may
use paid sick leave for working time used in
cases of illness, or injury to, an immediate family
member living in the employee's home, or for
children and parents who may reside outside of
the employee's home.
g. Death of Family Member. An employee may use
said sick leave credits for absence from work
because of a death in the employee's immediate
family, but this shall not exceed three (3) working
days plus up to two (2) days of work time for
necessary travel.
h. Definition of Immediate Family. For the purposes
of this Section 10 the immediate family shall be
restricted to the spouse, son, stepson, daughter,
stepdaughter, father, stepfather, mother,
stepmother, brother, sister, grandparent,
DSA MGMT. UNIT - 44 - 1998 - 2001 MOU
SECTION 10 - SICK LEAVE
grandchild, father-in-law, mother-in-law, son-in-
law, daughter-in-law, brother-in-law or sister-in-
law, of an employee.
10.3 Administration of Sick Leave. Accumulated
paid sick leave credits may not be used in the following
situations:
a. Self-inflicted Injury. 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.
C. Not in Pay Status. When the employee would
otherwise be eligible to use paid sick leave
credits but is not in a pay status.
The proper administration of sick leave is a responsibility
of the employee and the department head. 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. Employees
are responsible for keeping their department informed of
their continuing condition and probable date of return to
work. Employees are responsible for obtaining advance
approval from their appointing authority or designee for the
DSA MGMT. UNIT - 45 - 1998 - 2001 MOU
SECTION 10- SICK LEAVE
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.
10.4 Sick Leave/Absenteeism. 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. Record keeping 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.
The Department shall centralize the administration of its
sick leave/absenteeism program.
10.5 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
DSA MGMT. UNIT - 46 - 1998 - 2001 MOU
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SECTION 10 - SICK LEAVE
the employee, or whom the appointing authority
believes to be temporarily or permanently
physically or mentally incapacitated for the
performance of the employees duties.
B. An appointing authority who has reasonable
cause to believe that there are physical or mental
health conditions present in an employee which
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 psy,'chiatric 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. '
DSA MGMT. UNIT - 47 - 1998 - 2001 MOU
SECTION 10 - SICK LEAVE
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
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;
DSA MGMT. UNIT - 48 - 1998 - 2001 MOU
SECTION 10 - SICK LEAVE
3. a statement of the basis upon which the
action is being taken;
4. a statement that the employee may review
the materials upon which the action is taken;
5. a statement that the employee has until a
specified date (not less than seven (7) work
days from personal delivery or mailing of the
notice) to respond to the appointing authority
orally or in writing.
F. Pending response to the notice the appointing
authority for cause 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.
DSA MGMT. UNIT - 49 - 1998 - 2001 MOU
SECTION 10 - SICK LEAVE
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
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.
DSA MGMT. UNIT _ 50 - 1998 - 2001 MOU
SECTION 10 - SICK LEAVE
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
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.
The scope i of the Arbitrator's review shall be
restricted as follows:
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.
I
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 I paid one-half by the County and one-
DSA MGMT. UNIT - 51 - 1998 - 2001 MOU
SECTION 10 - SICK LEAVE
half by the employee or employee's
Association.
10.6 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
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 (1 ) year, full salary will continue by
R 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
DSA MGMT. UNIT . - 52 - 1998 - 2001 MOU
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SECTION 10 - SICK LEAVE
accruals are' exhausted, Workers' Compensation
benefits will ; be paid directly to the employee as
prescribed by Workers' Compensation laws.
D. Rehabilitation integration. An injured employee
who is eligible for Workers' Compensation
rehabilitation temporary disability benefits and
who has exhausted 4850 pay eligibility will
continue to receive full salary by integrating sick
leave and/or vacation accruals with Workers'
Compensation rehabilitation temporary disability
benefits. When these accruals are exhausted, the
rehabilitation temporary 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. Integration' 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/day (in hrs.)
W = Stat,,Iutory Workers' Compensation per mo.
S = Monthly salary
10.7 Accrual Durina Leave Without Pay. No
employee who has;been granted a leave without pay or an
unpaid military leave shall accrue any sick leave credits
DSA MGMT. UNIT - 53 - 1998 - 2001 MOU
SECTION 11 - LEAVE OF ABSENCE
during the time of such leave nor shall an employee who is
absent without pay accrue sick leave credits during the
absence.
SECTION 11 - LEAVE OF ABSENCE
11 .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.
11 .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;
DSA MGMT. UNIT - 54 - 1998 - 2001 MOU
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SECTION 11 - LEAVE OF ABSENCE
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.
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.
I
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.
11 .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: I 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
i
DSA MGMT. UNIT - 55 - 1998 - 2001 MOU
SECTION 11 - LEAVE OF ABSENCE
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,
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 Family Care Leave: A written
communication to the employer from a health
care provider of a person for whose care the
DSA MGMT. UNIT - 56 - 1998 - 2001 MOU
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SECTION 11 - LEAVE OF ABSENCE
i
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;
i
b. the probable duration of the condition;
c. ani estimate of the amount of time which
the employee needs to render care or
supervision;
d. a I 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:
DSA MGMT. UNIT - 57 - 1998 - 2001 MOU
SECTION 11 - LEAVE OF ABSENCE
a. the date, if known, on which the serious
health condition commenced;
b. the probable duration of the condition;
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 11 .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:
DSA MGMT. UNIT - 58 - 1998 - 2001 MOU
SECTION 11 - LEAVE OF ABSENCE
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
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 11 .6.13 below. When paid leave accruals
are used for ;a medical or family care leave, such
DSA MGMT. UNIT - 59 - 1998 - 2001 MOU
SECTION 11 - LEAVE OF ABSENCE
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
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.
11 .4 Pregnancy Disability Leave. Insofar as
pregnancy disability leave is used under Section 10.2.D -
Sick Leave Utilization for Pregnancy Disability, that time
will not be considered a part of the twelve (12) week family
care leave period.
11 .5 Group Health Plan Coverage.
A. Durina 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
11 .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 11 .3 above, the
DSA MGMT. UNIT - 60 - 1998 - 2001 MOU
SECTION 11 - LEAVE OF ABSENCE
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 11 .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.
11 .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 10, - 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 (FMLA1. . 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
DSA MGMT. UNIT 1 - 61 - 1998 - 2001 MOU
SECTION 11 - LEAVE OF ABSENCE
leave (if so entitled under Section 10 - 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.
C. Sick leave accruals may not be used during any
leave of absence, except as allowed under
Section 10 - Sick Leave.
11 .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.
DSA MGMT. UNIT - 62 - 1998 - 2001 MOU
SECTION 77 - LEAVE OFABSENCE
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.
I
-11 .8 Return From Leave of Absence.
I
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 1 writing at least fifteen (1 5) 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.
B. 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
DSA MGMT. UNIT - 63 - 1998 - 2001 MOU
SECTION 11 - LEAVE OFAESENCE
provisions of Section 7 - Seniority. Workforce
Reduction. Layoff. & Reassignment shall apply.
D. Reinstatement From Family Care or Medical
Leave of Absence. In the case of a family care or
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.
11 .9 Ataeal of Denial. The decision of the appointing
authority on granting or denying leave or early return
from 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.
DSA MGMT. UNIT - 64 - 1998 -2001 MOU
SECTION 12 - JURY DUTY AND WITNESS DUTY
11 .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.
11 .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
canceled 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 12 - JURY DUTY AND WITNESS DUTY
12.1 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.
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
DSA MGMT. UNIT - 65 - 1998 - 2001 MOU
SECTION 12 - JURY DUTY AND WITNESS DUTY
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.
An employee on short notice standby to report to court,
whose job duties make short notice response impossible
DSA MGMT. UNIT - 66 - 1998 - 2001 MOU
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SECTION 12 - JURY DUTY AND WITNESS DUTY
or impractical, shall be given alternate work assignments
for those days to enable them to respond to the court on
short notice. i
When an employee pis 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.
12.2 Witness ®utv. 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 i or they may take vacation leave or
leave without pay and retain all fees and expenses.
i
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.
I
Retention or waivers of fees shall be governed by the same
provisions as apply to jury duty as set forth in Section 16.1
above.
i
DSA MGMT. UNIT - 67 - 1998 - 2001 MOU
SECTION 13 - HEALTH, LIRE & DENTAL CARE
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 13 - HEALTH. LIFE & DENTAL CARE
13.1 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
or change covered expenses, benefit payments,
copayments on covered benefits, deductibles, lifetime
and/or annual maximum limits and eligibility rules, and
DSA MGMT. UNIT - 68 - 1998 - 2001 MOU
SECTION 13 - HEALTH, LIFE & DENTAL CARE
may implement cost control measures as they deem
appropriate.
13.2 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.
13.3 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
(100%) of the applicable premium of any plan,
the County's contribution will not exceed one
hundred percent (100%) of the applicable plan
premium.
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SECTION 13 - HEALTH, LIFE & DENTAL CARE
B. Countv'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.
13.4 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.
13.5 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
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
DSA MGMT. UNIT - 70 - 1998 - 2001 MOU
I
SECTION 13 - HEALTH, LIFE & DENTAL CARE
I
costs greater than the County's contributions identified
below during the duration of this shall be borne by the
employee:
i
a. Delta and Safeguard A: 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.
13.6 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
pay for those members not entitled to monthly payroll
deductions.
DSA MGMT. UNIT - 71 - 1998 - 2001 MOU
SECTION 13 - HEALTH, LIFE & DENTAL CARE
If Safeguard is eliminated without a replacement plan that
includes an orthodontics option, the County will subvent
the Delta Dental orthodontics option at 77%.
13.7 Rate Information. The County Benefits Service
Unit will make dental plan rate information and, to the
extent possible, CalPERS 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.
13.8 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.
13.9 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.
13.10 Premium Payments. Employee participation in
any health, dental, or life insurance plan is contingent
upon the employee authorizing payroll deduction by the
DSA MGMT. UNIT - 72 - 1998 - 2001 MOU
i
SECTION 13 - HEALTH, LIFE & DENTAL CARE
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. CaIPERS Plan (Includes Alternate CCHP Planl.
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 13.6 and
13.9) 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.
13.11 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.
An employee not eligible for continued coverage may
convert to individual health plan coverage (if available) or
DSA MGMT. UNIT - 73 - 1998 - 2001 MOU
SECTION 13 - HEALTH, LIFE& DENTAL CARE
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.
13.12 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.
13.13 Dual Coverage.
A. CalPERS Health Plan. Employees must adhere
to the rules as established by CalPERS.
DSA MGMT. UNIT - 74 - 1998 - 2001 MOU
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SECTION 13 - HEALTH, LIFE & DENTAL CARE
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 andor
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.
13.14 Employee Assistance Program. Any County
contract which provides an employee assistance program
applicable to DSA represented employees, 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
DSA MGMT. UNIT - 75 - 1998 - 2001 MOU
SECTION 13 - HEALTH, LIFE & DENTAL CARE
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
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
DSA MGMT. UNIT - 76 - 1998 - 2001 MOU
SECTION 14 - PROBATIONARY PERIOD
i
alcohol, drug, and mental health records and the
Federal Privacy Act of 1974.
d. The Association is a third-party beneficiary."
13.15 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.
SECTION 14 . PRObATIONARY PERIOD
r
14.1 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.
DSA MGMT. UNIT - 77 - 1998 - 2001 MOU
i
SECTION 14 - PROBATIONARY PERIOD
14.2 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.
14.3 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.
DSA MGMT. UNIT - 78 - 1998 - 2001 MOU
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SECTION 14 - PROBATIONARY PERIOD
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 they Director of Human Resources to the
Merit Board by 5:00 p.m. on the seventh (7th)
calendar day after the date of delivery to the
employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if
it finds probable cause to believe that the
rejection may have been based on grounds
prohibited in subsection (A), it may refer the
matter to 1 a Hearing Officer for hearing,
recommended findings of fact, conclusions of law
and decision, pursuant to the relevant provisions
of the Merit Board rules -in which proceedings the
rejected probationer has the burden of proof.
D. If the Merit Board finds no probable cause for a
hearing, it shall deny the appeal. If, after hearing,
the Merit Board upholds the appeal, it shall direct
that the appellant be reinstated in the position
and the appellant shall begin a new probationary
period uriless the Merit Board specifically
reinstates the former period.
14.4 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
DSA MGMT. UNIT - 79 - 1998 - 2001 MOU
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SECTION 14 - 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 probationary period from a
position in the Merit System to which the employee had
been promoted or transferred from an eligible list, shall be
restored to a position in the department from which the
employee was promoted or transferred.
An employee dismissed for other than disciplinary reasons
within six (6) months after being promoted or transferred
from a position in the Merit System to a position not
included in the Merit System shall be restored to a position
in the classification in the department from which the
employee was promoted or transferred.
A probationary employee who has been rejected or has
resigned during probation shall not be restored to the
eligible list from which the employee was certified unless
the employee receives the affirmative recommendation
from the appointing authority and is certified by the
Director of Human Resources whose decision is final. The
DSA MGMT. UNIT - 80 - 1998 - 2001 MOU
SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
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.
14.5 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 probationary period if the position is in the
department from which the employee separated, displaced
Or voluntarily demoted in lieu of layoff.
SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
15.1 Incentives
A. Management 2.5% Lonaevity Pav Plan.
Employees who have completed ten (10) years of
service for the County shall receive a 2.5%
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SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
longevity differential. For purposes of determining
ten (10) years of service for this differential, the
records utilized for service award purposes will
control.
B. Deferred Compensation Incentive. The County's
supplemental contribution to employees who
participate in . the County's Deferred
Compensation Play will be forty dollars ($40) per
month. To be eligible for this incentive
supplement, employees must first contribute a
Base Contribution Amount to the deferred
compensation plan as follows:
Monthly Base
Current Contribution Amt.
Monthly Qualifying Base for Maintaining
Salary Contribution Amt. Proaram Eligibility
2,500 & below 250 50
2501 - 3334 500 50
3335 - 4167 750 50
4168 - 5000 1000 50
5001 - 5834 1500 100
5835 - 6667 2000 100
6668 & above 2250 100
Employees with a break in deferred compensation
contributions because of either an approved medical
leave or approved financial hardship withdrawal, shall
not be required to reestablish eligibility. Further,
employees who lose eligibility due to budgetary
constraints but maintain contributions at the required
level and later return to an eligible position, shall not
be required to reestablish eligibility.
DSA MGMT. UNIT - 82 - 1998 — 2001 MOU
i
SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
15.2 Differentials.
A. Phvsical Fitness Differential for Law Enforcement
Mana e� merit. Upon completion of fifteen (15)
years sworn service, employees shall be eligible
for a five percent (5%) base salary differential
contingent upon the employee's good faith effort
to maintain his/her physical health in accordance
with health 'fitness standards established by the
Wellness Division of the Human Resources
Department' in conjunction with the Sheriffs
Department.
B. Bilingual Pay Differential. A salary differential of
sixty-five dollars ($65.00) per month shall be paid
incumbents' of positions requiring bilingual
proficiency I as designated by the Appointing
Authority and the Director of Human Resources.
Said differential shall be prorated for employees
working less than full time and/or on an unpaid
leave of absence during any given month.
Designation of positions for which bilingual
proficiency i is required is the sole prerogative of
the County. The Association shall be notified
when such,designations are made.
C. Any Lieutenant who is directed to work in an on-
call status; in support of the Officer of the Day
Program shall receive fifty dollars ($50) per day,
not to exceed three hundred dollars ($300) per
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SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
week, for the period assigned to work in an on-
call status.
D. Sheriffs' Administrative Differential. Effective
February 1 , 1991 , the Sheriff-Coroner was
authorized to enter into agreements with contract
cities who have a Lieutenant assigned as the
Chief of Police, to pay a monthly administrative
differential, reimbursed by the individual city, in
an amount equal to one-half the percentage
differential between top step Lieutenant and top
step Captain. Lieutenants who are eligible to
receive this administrative differential shall do so .
in lieu- of any other watch-stander differentials for
which they may be eligible.
15.3 Leaves & Pay for Time Not Worked
A. Annual Management Administrative Leave. All
permanent full time sworn management
employees shall be credited with fifty (50) hours
of annual administrative leave. This time is non-
accruable and all balances will be zeroed out
effective December 31 st of each year. Permanent
part-time employees shall have such leave
prorated based on their position hours.
B. Furlough Days Without Pay. Subject to the prior
written approval of the appointing authority,
employees may elect to take furlough days or
hours without pay (pre-authorized absence
without pay), up to a maximum of fifteen (15)
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SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
calendar days for any one period. Longer pre-
authorized absences without pay are considered
leaves of absence without pay. Employees who
take furlough time shall have their compensation
for the portion of the month worked computed in
accord with Section 5.6 - Compensation for
Portion of Month of this MOU. Full time and part-
time employees who take furlough time shall
have their vacation, sick leave, floating holiday,
and any other payroll computed accruals
computed as though they had worked the
furlough time. When computing vacation, sick
leave, floating holiday, and other accrual credits
for employees taking furlough time, this provision
shall supersede Section 8.1 , 9.19 9.3, and 10.2 of
this MOU regarding the computation of vacation,
sick leave, floating holiday, and other accrual
credits as regards furlough time only. For payroll
purposes, furlough time (absence without pay
with prior authorization of the appointing
authority) shall be reported separately from other
absences without pay to the Auditor-Controller.
The existing VTO program shall be continued for
the life of the contract.
15.4 Benefits & Allowances
A. Personal Protective Equipment. The County shall
reimburse employees for safety shoes and
prescription safety eyeglasses in those
classifications which the County has determined
eligible for such reimbursement. The County will
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SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
reimburse eligible employees for safety shoes in
an amount not to exceed sixty dollars ($60) in
any calendar year. The County will, reimburse
eligible employees for prescription safety
eyeglasses which are approved by the County
and are obtained from such establishment as
required by the County.
B. 414H Participation. The County will continue
provisions of Section 414(h)(2) of the Internal
Revenue Code which allows the County Auditor-
Controller to reduce the gross monthly pay of
employees by an amount equal to the employee's
total contribution to the County Retirement
System before federal and state income taxes
are withheld and forward that amount to the
Retirement system. This program of deferred
retirement contribution will be universal and non-
voluntary as is required by statute.
C. Manaaement Life Insurance. Management
employees shall be provided with a $40,000 term
life insurance policy. Premiums for this insurance
shall be paid by the County with conditions of
eligibility reviewed annually.
D. Trainin . Employees shall be eligible for career
development training reimbursement in the
maximum amount of six hundred fifty ($650) per
fiscal year. The reimbursement of training
expenses shall be consistent with Administrative
Bulletins on Travel & Training. Registration and
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SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
i
tuition for career development education may be
reimbursed , for up to fifty percent (50%) of the
employee's ' net cost. Books necessary for
courses taken for career development education
may be reimbursed for up to one hundred percent
(100%) of the employee's net cost.
E. Management Development Policy. All employees
shall be authorized to attend professional training
programs, seminars and workshops a minimum
of thirty (30) hours annually, during normal work
hours, for the purpose of developing knowledge,
skills and ,abilities in the areas of supervision,
management and County policies and
procedures.
Departments are particularly encouraged to
provide generous professional development
opportunities (above the thirty (30) hour
minimum) 11 for people newly promoted into
positions of direct supervision.
Priority fors professional training programs shall be
afforded those offered through the Contra Costa
Training Institute. Other related and appropriate
training/education resources approved by the
department may also be considered.
To encourage personal and professional growth
which is beneficial to both the County and the
employee; the County provides reimbursement
for certain expenses incurred by employees for
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SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
job-related training (required training and career
development training/education. Provision for
eligibility and reimbursement are identified in
Administrative Bulletin 12.7, November 1 , 1989.
F. Lona-Term Disability Insurance. The County shall
continue in force all provisions of the Long-Term
Disability Insurance program with a replacement
limit of eighty-five percent (85%) of total monthly
base earnings reduced by any deductible
benefits. The premium for this Long-Term
Disability Insurance program shall be fully paid by
the County.
G. Vacation Buv Back. Employees may choose
reimbursement for up to one-third (1/3) of their
annual vacation accrual subject to the following
conditions:
1 . the choice can be made only once in each
calendar year;
2. payment shall be based on an hourly rate
determined by dividing the employee's
monthly salary by 173.33; and
3. If the employee is receiving 2.5%
Management Incentive, payment shall be
based on an hourly rate determined by
dividing the employee's monthly salary, plus
the 2.5% Management Incentive, by 173.33.
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SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
4. the maximum number of hours that may be
reimbursed in any year is one-third (1/3) of
the annual accrual.
In those instances where a lump-sum payment
has been made to management employees in
lieu of a retroactive general salary adjustment for
a portion .of the calendar year which is
subsequent i to exercise by a management
employee of the vacation buy-back provision
herein, thatemployee's vacation buy back shall
be adjusted to reflect the percentage difference in
base pay ,rates upon which the lump-sum
payment was computed provided that the period
covered by the lump-sum payment was inclusive
of the effective date of the vacation buy back.
H. Professional. Development. All employees shall
be eligible for reimbursement of up to one
hundred fifty dollars ($150) per fiscal year for .
memberships in professional organizations,
subscriptions to professional publications and
attendance fees at job-related professional
development activities. Authorization for
individual professional development
reimbursement requests shall be made by the
Department , Head. Reimbursement will occur
through the regular demand process with
demands being accompanied by proof of
payment (copy of invoice or canceled check).
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SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
I. Sick Leave Incentive Plan. Employees shall be
eligible for a payoff of unused sick leave accruals
at separation. This program is an incentive for
employees to safeguard sick leave accruals as
protection against wage loss due to time lost for
injury or illness. Payoff shall be approved by the
Director of Human Resources and can be
awarded only under the following conditions:
1 . The employee must have resigned in good
standing.
2. Payout is not available if the employee
retires.
3. The balance at resignation must be at least
seventy percent (70%) of accruals earned in
the preceding continuous period of
employment.
4. Payout shall be under the following
schedule:
Years of Permanent % of Unused
Continuous Service Sick Leave Paid
3 - 5years 30%
5 - 7years 40%
7+ years 50%
DSA MGMT. UNIT - 90 - 1998 - 2001 MOU
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SECTION 95 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
1565 Terms & Conditions of Employment.
A. Overtime Exclusion. In recognition of their
management status, employees shall continue to
be overtime exempt. The Office of the County
Administrator shall have authority to exclude
certain management classes from Overtime
Exemption. ; Provisional appointees to
management classes and employees receiving
higher pay for a higher management
classification who were not previously in a
management class shall be automatically placed
on the Overtime Exempt Exclusion List since they
are not eligible for management benefits.
B. Part-Time Employees. Part-time employees who.
work at least fifty percent (50%) of full time on a
continuing ; basis, shall be provided the
management benefits listed in this MOU on a full
or pro rata basis.
C. Permanent-Intermittent Employees. Permanent-
Intermittent employees are eligible for vacation
and sick leave benefits as defined in this MOU on
a pro rata basis.
D. Length of Service Credits. The length of service
credits of ;each permanent employee 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 except
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SECTION 15 - GENERAL TERMS & CONDITIONS OF
EMPLOYMENT/MANAGEMENT BENEFITS
that when an employee separates from . a
permanent position in good standing and is
subsequently reemployed in a permanent County
positions prior to the completion of two (2) years
from date of separation, the period of separation
will be bridged. Under these circumstances, the
service credits shall include all credits
accumulated at time of separation but shall not
include the period of separation. The service
credits of an employee shall be determined from
employee status records of the Human
Resources Department.
15.6 Officer of the Day Program,.
A. During the term of the 1998-2001 MOU, the
parties agree that the provisions regarding the
Officer of the Day Program will be subject to
review and revision at regular Labor Management
Committee meetings.
B. The Sheriff may assign Lieutenants on a full-time
basis to the Officer of the Day Program, subject
to the following:
1 . The Assistant Division Commander of the
Emergency Services Division shall typically
be responsible for providing routine relief for
absences of one week or more.
a. During periods that one or more of the
assigned Lieutenants is not available for
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EMPLOYMENT/MANAGEMENT BENEFITS
duty and the Assistant Emergency
Services Division Commander is not
available to provide relief, a Sergeant
may be temporarily assigned to the
Program in the capacity of an acting
Lieutenant.
2. The Officer of the Day Program shift
schedule and the order of shift rotations shall
be established/modified at the Labor
Management Committee pursuant to
paragraph A. above.
a. Once each year, during the annual
vacation sign-up, Lieutenants who are
assigned to the Officer of the Day
Program shall sign-up for their upcoming
shift assignments. The annual shift sign-
up will become effective on the first
Monday in January of the following year.
b. Following the annual sign-up, assigned
Lieutenants shall rotate shifts on the first
Monday of each calendar quarter.
c. Lieutenants who are assigned to the
Officer of the Day Program mid-year
shall assume the shift assignment and
rotation schedule of the Lieutenant who
is being replaced.
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SECTION 16 - PROMOTION
3. When making assignments to the Officer of
the Day Program, the Sheriff shall consider
those Lieutenants who have volunteered for
the assignment. Consideration also should
be given to avoid the involuntary assignment
of a Lieutenant who previously has been
assigned to the program.
4. Although the Sheriff shall retain the right to
determine the length of assignment, Officer
of the Day assignments normally will be
subject to the same rotation policy(ies) as
other Lieutenant assignments.
C. Lieutenants who are assigned to the Officer of the
Day Program, including the Assistant Emergency
Services Division Commander, shall receive
Holiday Overtime Pay.
D. if the Officer of the Day Program is discontinued,
the Sheriffs Office may reinstate Section 15.6 —
Watchstandina Conditions, of the October 1 , 1995
through September 30, 1998 MOU. If the Sheriff's
Office or the DSA proposes the development of
an alternative program, the Labor/Management
Committee will be convened.
SECTION 16 - PROMOTION
16.1 Competitive Exam. Promotion shall be by
competitive examination unless otherwise provided in this
MOU.
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SECTION 16 - PROMOTION
i
16.2 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.
16.3 Open Exam. If an examination for one of the
classes represented by the Association is proposed to be
announced on an Open only basis the Director of 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.
16.4 PromotioniVia Reclassification Without Exam.
Notwithstanding other provisions of this Section, an
employee may be promoted from one classification to a
higher classificationi and his position reclassified at the
request of the appointing authority and under the following
conditions:
a. An evaluation of the position(s) in question must
show that !the duties and responsibilities have
significantly increased and constitute a higher
level of work.
b. The incumbent of the position must have
performed at the higher level for one (1 ) year.
C. The incumbent must meet the minimum
education land experience requirements for the
higher class.
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SECTION 16 - PROMOTION
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.
16.5 Requirements for Promotional Standina. 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.
16.6 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.
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SECTION 17- RESIGNATIONS
16.7 Phvsical 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.
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SECTION 17 - 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.
17.1 Resianation 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.
17.2 Constructive Resianation. 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
DSA MGMT. UNIT j - 97 - 1998 -2001 MOU
SECTION 17- RESIGNATIONS
appointing authority to the employee at the
employee's last known address.
17.3 Effective Resignation. A resignation is effective
when delivered or spoken to the appointing authority,
operative either on that date or another date specified.
17.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the employee
and the appointing authority.
17.5 Coerced Resignations.
A. Time Limit. A resignation which the employee
believes has been coerced by the appointing
authority may be revoked within seven (7)
calendar days after its expression, by serving
written notice on the Director of 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
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SECTION '18 - DISMISSAL, SUSPENSION & DEMOTION
been believed to be coerced, this question shall
be handled as an appeal to the Merit Board.
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 18 - DISMISSAL. SUSPENSION & DEMOTION
18.1 Cause for �Dlscipllnary 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,
I
e. incompetence or inefficiency,
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SECTION 98 - DISMISSAL, SUSPENSION & DEMOTION
f. insubordination,
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,
DSA MGMT. UNIT - 100 - 1998 - 2001 MOU
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SECTION 18 - DISMISSAL, SUSPENSION & DEMOTION
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P. excessive or unexcused absenteeism and/or
tardiness, i
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 1 concerning an individual, or
unreasonably interfering with an individual's work
performance, or creating an intimidating and
hostile working environment.
18.2 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 i 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 i the employee, a Notice of Proposed
Action, which shall contain the following:
I
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.
i
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. !
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SECTION 18 - DISMISSAL, SUSPENSION & DEMOTION
d. A statement that the employee may review and
request copies of materials upon which the
proposed action is based.
e. A statement that the employee has seven (7)
calendar days to respond to the appointing
authority either orally or in writing.
18.3 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.
18.4 Leave Pendina 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.
18.5 - Length of Suspension. Suspensions without
pay shall not exceed thirty (30) days unless ordered by an
adjustment board or the Merit Board.
18.6 Procedure on Dismissal, Suspension or
Disciplinary Demotion.
A. In any disciplinary action to dismiss, suspend, or
demote an employee having permanent status in
DSA MGMT. UNIT - 102 - 1998 - 2001 MOU
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SECTION 19'--MANAGEMENT COMPLAINT PROCEDURE
a position in the merit system after having
complied with the Skelly requirements where
applicable, the appointing authority shall make an
order in writing stating specifically the causes for
the action.
B. Service of Order. Said order of dismissal,
suspension, or demotion shall be filed with the
Director of 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. Em13lo, eye Appeals from Order. The employee
may appeal an order of dismissal, suspension or
demotion to the Merit Board.
SECTION 19 = MANAGEMENT COMPLAINT
PROCEDURE
19.1 Definition.; Any dispute by an employee over the
application of any section of this MOU which cannot be
resolved administratively, or is not handled under the
jurisdiction of the County Merit Board may be addressed
under provisions of Resolution 83/987 (Management
Complaint Procedure) as follows:
Step 1 - Immediate Supervisor. Any management
employee (complainant) who believes that he/she has
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SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
been adversely affected by the application or interpretation
of a rule, regulation, or procedure or otherwise adversely
affected in a manner not within the scope of available
appeal avenues, may within thirty (30) calendar days
discuss the problem with his/her immediate supervisor. If
the problem is not resolved at this step, the employee may
use Step 2.
Step 2 - Department Head. If a complaint is not resolved in
Step 1 , the complainant may, with seven (7) calendar days
after the immediate supervisor's response, request an
appointment with his/her immediate supervisor. If the
problem is not resolved at this step, the complainant may
use Step 3 or Step 4.
Step 3 - Mediation. If a complaint is not resolved at Step 2,
the complainant may, within seven (7) calendar days after
the Department Head's response, file a written request
with the Director of Human Resources for mediation. This
request shall contain a description of the problem and the
specific issue. The Director of Human Resources, or his
designee shall meet with the complainant and Department
Head, or designee, within ten (10) work days and select a
mutually agreed-upon mediator. The mediation shall be
confidential and shall not become part of the complainant's
personnel record. If a resolution agreeable to the
complainant and the Department Head is reached, it may,
if mutually agreed, be reduced to writing. If the problem is
not resolved at this step, the complainant may use Step 4.
Mediation is not required and the complainant may skip
this step and proceed to Step 4 with a request like that for
Step 3.
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SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
Step 4 - Adiustment 'Panel. If the problem is not resolved
at Step 3 or if Step 3 is-skipped (see above) complainant
may, within seven (7) calendar days after the mediator's or
Department Head's response, submit his/her complaint in
writing to the Director of Human Resources or designee,
who shall promptly convene an adjustment panel of three
management employees. As used herein "management
employees" includes management employees of both the
County and Fire Protection Districts. The complainant and
the Department Heed shall each select one (1 ) panel
member, which two (2) shall select the third (3rd) member.
The panel shall hear evidence and arguments regarding
the complaint and shall render a statement of findings and
recommendation to the complainant and the Department
Head, with copies to,the County Administrator and Director
of Human Resources.
Step 5 - Once-Annual Right to Arbitration. Within ten (10)
calendar days of exhaustion of this procedure through
Step 4, the Deputy Sheriffs' Association may request a
meeting and/or discussion with the Sheriff about the
complaint. The Deputy Sheriffs' Association may, only
once per MOU year, take such complaint to binding
arbitration as described in Step 5, Section 24.1 -
Grievance Procedure of the October 1 , 1991-September
30, 1995 MOU between the parties.
19.2 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.
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SECTION 99 - MANAGEMENT COMPLAINT 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.
19.3 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.
19.4 Merit Board.
A. All grievances of employees in representation
units represented by the Association shall be
processed under Section 19 unless the employee
elects to apply to the Merit Board on matters
within its jurisdiction.
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SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
B. No action under Steps 3 and 4 of Subsection
19.1 above; shall be taken if action on the
management complaint has been taken by the
Merit Board, or if the management complaint is
pending before the Merit Board.
19.5 Filing by Association. The Association may file
a management complaint 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.
19.6 Letters of Reprimand. Letters of reprimand are
subject to the management complaint procedure. 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
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.
19.7 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
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SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
disciplinary measures. It will hereafter consist of three (3)
phases, or levels, with procedures and policies for
administration developed within the Department.
Placement into the Corrective Counseling System is not
subject to the management complaint 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 evaluations 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:
a. Hearing Officer. The phase placement appeal will
be heard by a 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
DSA MGMT. UNIT - 108 - 1998 - 2001 MOU
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SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
i
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 1(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. 1
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d. The Hearing. For Phase I and II actions, the
employee may submit a written request for
hearing to the Commander not in the employee's
chain of command. The Commander will review
the request land determine if there is a basis for a
formal hearing. An alternate informal process
exists which would allow the employee and
his/her representative to meet and discuss the
phase placement in accordance with the
established open door policy of the Department.
For Phase III appeals, the Commander will
determine iI the parties to be present at the
hearing, except that the affected employee will be
present, sand a maximum of two (2)
representatives of the employee's choice.
DSA MGMT. UNIT _ 109 - 1998 - 2001 MOU
SECTION 19 - MANAGEMENT COMPLAINT PROCEDURE
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 Commander 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.
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.
DSA MGMT. UNIT - 110 - 1998 - 2001 MOU
SECTION 20 - DEPARTMENT INVESTIGATIONS
SECTION 20 - 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 21 - LABORNMANAGEMENT COMMITTEE
Matters of concern to employees in this unit may be raised
by the Department or the DSA in the existing Labor-
Management Committee.
SECTION 22 - 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
County Employees' Retirement Association
without the County paying any part of the
employee's share. The County will pay the
DSA IVIGMT. UNIT - 111 - 1998 -2001 MOU
SECTION 22 - RETIREMENT CONTRIBUTION
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 , 19981
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
established by the County Employees'
Retirement Association and shall be
DSA MGMT. UNIT - 142 - 1998 - 2001 MOU
SECTION 22 - RETIREMENT CONTRIBUTION
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 CCCERA's
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 $40,000 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 111 and/or the impact
of Tier III on the County's retirement
costs as specified in the previous
DSA MGMT. UNIT - 113 - 1998 - 2001 MOU
SECTION 23 - SAFETY
paragraph, the County will apply the
same proportional cost rationale and
formula to this section.
SECTION 23 - 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 24 - 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 25 - 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-
Controller's department that the error will be corrected and
a new warrant issued within forty-eight (48) hours,
DSA MGMT. UNIT - 114 - 1998 - 2001 MOU
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SECTION 26 - PROVISIONAL APPOINTMENT
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exclusive of Saturdays, Sundays and holidays from the
time the department is made aware of and verifies that the
pay warrant is in error;.
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Pay errors discovered by the County 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.
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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 i the employee, an Association
representative mays be present at a meeting with
management to discuss a repayment schedule in the case
of overpayments to the employee.
SECTION 26 - PROVISIONAL APPOINTMENT
Whenever an appointing authority makes a request for
personnel to fill ai position in a class for which no
reemployment or employment list is available, or in a class
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DSA MGMT. UNIT - 115 - 1998 - 2001 MOU
SECTION 26 - PROVISIONAL APPOINTMENT
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.
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.
DSA MGMT. UNIT - 116 - 1998 - 2001 MOU
SECTION 27 - PERSONNEL FILES
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 27 - 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
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.
DSA MGMT. UNIT - 117 - 1998 - 2001 MOU
SECTION 28 - SERVICE AWARDS
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. 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.
SECTION 28 - 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:
DSA MGMT. UNIT - 1`18 - 1998 - 2001 MOU
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SECTION 29 - REIMBURSEMENT FOR MEAL EXPENSES & CHARGE
FOR DETENTION DIVISION MEALS
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 11 with pay at each five (5) year
anniversary.
SECTION 29 - REIMBURSEMENT FOR MEAL
EXPENSES & CHARGE FOR DETENTION DIVISION
MEALS
29.1 Reimbursement for Meal Expenses.
Employees shall be i reimbursed for meal expenses under
the following circumstances and in the amount specified:
a. When the i 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.
OSA MGMT. UNIT - 119 - 1998 - 2001 MOU
SECTION 29 - REIMBURSEMENT FOR MEAL EXPENSES & CHARGE
FOR DETENTION DMSION MEALS
b. When the employee is required to stay over to
attend consecutive or continuing afternoon and
night sessions of a board or commission.
C. 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.
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.
29.2 Charge for Detention Division Meals.
Personnel represented by the DSA and permanently
assigned to the Detention Division will have fifteen dollars
($15) 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.
DSA MGMT. UNIT - 120 - 1998 - 2001 MOU
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SECTION 30 - COMPENSATION FOR LOSS OR DAMAGE TO
PERSONAL PROPERTY
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SECTION 30 - COMPENSATION FOR LOSS OR
DAMAGE TO PERSONAL PROPERTY
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30.1 Condliflons.i 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 iso not compensated.
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C. Employee tools or equipment provided without
the express approval of the department head and
automobiles are excluded from reimbursement.
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d. The loss or damage must have occurred in the
line of duty.
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e. The loss for damage was not a result of
negligence 1 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.
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g. The loss or� damage to an employee's dentures or
other prosthetic devices did not occur
DSA MGMT. UNIT 1 - 121 - 1998 - 2001 MOU
SECTION 31 - 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.
30.2 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 31 - UNFAIR LABOR PRACTICE
Either the County or the Association may file an unfair
labor practice as defined in Chapter 34-22 of the Board of
Supervisors Resolution 81/1165 against the other.
Allegations of an unfair labor practice, if not resolved in
DSA MGMT. UNIT - 122 - 1998 - 2001 MOU
SECTION 32 - LENGTH OF SERVICE DEFINITION (for service awards
and vacation accruals)
discussions between the parties, shall be heard by a
mutually agreed upon impartial third party.
SECTION 32 - 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 33 - UNIFORM ALLOWANCE/S.W.A.T.
UNIFORM
33.1 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
DSA MGMT. UNIT - 123 - 1998 — 2001 MOU
SECTION 34 - PEACE OFFICER TRAINING INCENTIVE PROGRAM
increased by fifty dollars ($50) for a total of seven hundred
twenty-five dollars ($725) per year. Effective July 1 , 20011
the uniform allowance will be increased by seventy-five
dollars ($75) for a total of eight hundred dollars ($800) per
year.
33.2 Uniform Allowance Method of Payment.
Employees who are eligible for the uniform allowance will
receive such allowance included in their monthly pay
warrants.
33.3 S.W.A.T. Uniform. The department shall provide
all employees accepted into S.W.A.T. with the necessary
uniform and equipment.
SECTION 34 - PEACE OFFICER TRAINING INCENTIVE
PROGRAM
34.1 ManagemenVExecutive P.O.S.T. Certificate.
Provisions of Section 17 - Peace Officer Training of the
County Salary Regulations are in effect for incumbents in
the classes of Captain, Chief-Criminalistics Laboratory and
Sheriffs Chief of Forensic Services as follows:
a. A permanent career incentive allowance of two
and one-half percent (2.5%) monthly base pay
shall be awarded for the possession of a
Management and/or Executive P.O.S.T.
Certificate and possession of an approved
Baccalaureate Degree.
DSA MGMT. UNIT - 124 - 1998.- 2001 MOU
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SECTION 34 - PEACE.OFFICER TRAINING INCENTIVE PROGRAM
b. A permanent career incentive allowance of five
percent (5%)' monthly base pay shall be awarded
for the possession of a Management and/or
Executive P.O.S.T. Certificate and possession of
an approved ;Master's Degree.
34.2 Advanced P.O.S.T. Certificate. Provisions of
Section 17 Peace Officer Training of the County Salary
Regulations are in effect for incumbents in the classes of
Lieutenant and Supervising Criminalist as follows:
a. A permanent career incentive allowance of two
and one-half percent (2.5%) monthly base pay
shall be awarded for the possession of an
Advanced P O.S.T. Certificate and possession of
an approved' Baccalaureate Degree.
b. A permanent career incentive allowance of five
percent (5%) monthly base pay shall be awarded
for the possession of an Advanced P.O.S.T.
Certificate and possession of an approved
Master's Degree.
34.3 Deletion of Continuing Education Program.
Effective October '1 , 1996, all sworn management
employees will receive a one-time only two and one-half
percent (2.5%) increase in base salary in exchange for the
elimination of the continuing education program.
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DSA MGMT. UNIT - 125 - 1998 - 2001 MOU
SECTION 35 - CRITICAL INCIDENT
SECTION 35 - 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 forty-eight (48)
hours immediately following the incident.
SECTION 36 - 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 37 - SCOPE OF AGREEMENT &
SEPARABILITY OF PROVISION
37.1 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
DSA MGMT. UNIT - 126 - 1998 - 2001 MOU
SECTION 37 - SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISION
prohibit the parties from changing the terms of this MOU
by mutual agreement.
37.2 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.
37.3 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.
37.4 Duration of Agreement. This Agreement shall
continue in full force and effect from October 1 , 1998 to
and including September 30, 2001 .
DSA MGMT. UNIT - 127 - 1998 - 2001 MOU
SECTION 37 - SCOPE OF AGREEMENT a SEPARABILITY OF
PROVISION
Dated: -7 /5 lo I
CONTRA COSTA COUNTY DEPU Y HERIFF ' ASSN.
DSA MGMT. UNIT - 128 - 1998 - 2001 MOU
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ATTACHMENT
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A. Salary Listing for Management Unit
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ATTACHMENT A
DEPUTY SHERIFFS' ASSOCIATION
MANAGEMENT UNIT SALARIES
EFFECTIVE OCTOBER 1, 1998
JOB CODE JOB TITLE SALARY RANGE
6XDA CAPTAIN 6298 - 7655
6DHA SUPERVISING CRIMINALIST 5648 - 6865
6XHA LIEUTENANT 5346 - 6498
6DDB CHIEF OF FORENSIC SERVICES
* Class established September 1, 1999.
EFFECTIVE APRIL 1 , 9999
JOB CODE JOB TITLE SALARY RANGE
6XDA CAPTAIN 6457 - 7849
6DHA SUPERVISING CRIMINALIST 5791 - 7039
6XHA LIEUTENANT 5481 - 6662
6DDB CHIEF OF FORENSIC SERVICES
*Class established September 1, 1999.
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DEPUTY SHERIFFS' ASSOCIATION
MANAGEMENT UNIT SALARIES
EFFECTIVE OCTOBER 1, 1999
JOB CODE JOB TITLE SALARY RANGE
6XDA CAPTAIN 6654 - 8088
6DHA SUPERVISING CRIMINALIST 5967 - 7253
6XHA LIEUTENANT 5648 - 6865
6DDB CHIEF OF FORENSIC SERVICES 6988 — 8494*
*Class established September 1, 1999; the salary listed was effective September
1, 1999.
EFFECTIVE OCTOBER 1, 2000
JOB CODE JOB TITLE SALARY RANGE
6XDA CAPTAIN 6856 - 8334
6DHA SUPERVISING CRIMINALIST 6149 - 7474
6XHA LIEUTENANT 5820 - 7074
6DDB CHIEF OF FORENSIC SERVICES 7201 - 8752
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EXHIBITS
(Information/Reference Only)
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A. Medical/Dental/Life Insurance Adjustments
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B. Pay Process, Letter Dated June 17,1999
C. Negotiations I for Successor Agreement Letter
Dated July 911999
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EXHIBIT A
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
PELTA 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.
HEALTH CARE SPENDING ACCOUNT
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 $2400 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 IAON
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ContraEXHIBIT 6 Human Resources
Costa Department
".Ounty - Adrninistration Bldg.
651 Pine Street,Third Floor
Martinez,Caidornia 94553-1292
June 17, 1999 1 (510)335-1770
Leslie T.Knight
Oiredor of Human Resources
Mr. George Yamamoto, President
Deputy Sheriffs' Association
1780 Muir Road
Martinez CA 94553
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Dear Mr. Yamamoto:
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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 151.
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Date: 7 - gt
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CONTRA COSTA COUNTY DEPUTY SHERIFFS' ASSOCIATION
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ISHERIFF'S OFFICE
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f:unions\dsa%neg\coproplbiweekly
cc: Auditor-Controller
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30ntra Human Resource;
� ` '� •• EXHIBIT C Department
:_ osta
"1 Adrninistration Bldg.
• '��1 ' �.,� 651 Pine Street.Third Floor
Martinez,California 94553-1292
(925)335-1770
July 9, 1999 Leslie T.Knight
Director of Human Resources
Mr. George Yamamoto, President
Deputy Sheriffs' Association
1780 Muir Road
Martinez CA 94553
Dear Mr. Yamamoto:
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.
If the foregoing conforms to your understanding, please indicate your
approval and acceptance in the space provided below.
Date:
CONTRA COSTA COUNTY DEPUTY SHERIFFS' ASSOCIATION
f:unionsWsaMegW-15-2001
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SUBJECT INDEX
Adoption.................... : ..................................................... 126
Administrative Leave .......................................................... 84
Anniversary Dates............................................................... 13
Assignment of Classes ....................................................... 10
Attendance at Meetings ...................................................... 12
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Benefits & Allowances. ........................................................ 85
BilingualPay ....................................................................... 83
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Career Development Training............................................. 86
Compensation Complaints................................................ 105
Compensation for Portion of Month .................................... 16
Corrective Counseling System ......................................... 107
County Buildings ....... ..
!......................................... ................ 8
Critical Incident .........l....................................................... 126
Damage to Personal Property........................................... 121
Days & Hours of Work ........................................................ 26
Deferred Compensation...................................................... 82
Definitions .................!........:.................................................. 2
Demotion.................. ........................................................ 99
Dental Contribution ............................................................. 70
Dental Program
Department Investigations ................................................ 111
Detention Division Meals .................................................. 120
Differentials ..............:.......................................................... 83
Disability ................. ......................................................... 46
DisciplinaryAction .............................................................. 99
Dismissal .................!.......................................................... 99
DuesDeduction .................................................................... 6
Duration of Agreement...................................................... 127
Employee Assistance Program........................................... 75
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FamilyCare Leave.............................................................. 55
FurloughDays..................................................................... 84
Health Care Spending Account........................................... 77
HealthPlan ......................................................................... 68
Health Plan Contribution ..................................................... 69
Holidays .........:......................................
HolidayCredit ..................................................................... 37
Incentives............................................................................ 81
Increments .......................................................................... 15
JuryDuty............................................................................. 65
Labor Management Committee ........................................ 111
Layoffs ................................................................................ 28
Layoff During Probation ...................................................... 81
Leave of Absence ............................................................... 54
Length of Service Definition .............................................. 123
Letters of Reprimand ........................................................ 107
LifeInsurance ..................................................................... 72
Life Insurance — Management ............................................ 86
Long Term Disability Insurance .......................................... 88
Maintenance of Membership................................................. 6
Management Longevity Pay ............................................... 81
Management Complaint Procedure .................................. 103
Management Development Policy ...................................... 87
Meal Expenses ................................................................. 119
Mediation .......................................................................... 104
MedicalLeave..................................................................... 55
MeritBoard ...................................................................... 106
Mileage ............................................................................. 114
MilitaryLeave...................................................................... 62
No Discrimination................................................................ 11
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Officer of the Day Differential.............................................. 83
Officer of the Day Program ................................................. 92
Orthodontic Coverage ....................................................... 71
Overtime Exclusion .............................................................. 91
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Part-Time Compensation .................................................... 16
Pay for Work in Higher' Classification ................................. 21
Payment.....................1......................................................'. 23
Pay Warrant Errors ........................................................... 114
Peace Officer Training ...................................................... 124
Personal Property Reimbursement................................... 121
Personal Protective Equipment .......................................... 85
Personnel Files ..........'....................................................... 117
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Physical Fitness Differential................................................ 83
Position Reclassification .................................................... 17
Pregnancy Disability Leave ...............
Probationary Period ..!......................................................... 77
Professional Development.................................................. 89
Promotion
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Provisional Appointment ................................................... 115
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Reassignment of Laid Off Employees ................................ 35
Reductionin Salary...'.......................................................... 99
Reimbursement for Meal Expenses.................................. 119
Rejection During Probation ................................................. 78
Resignations ........... :
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Retirement Contribution .................................................... 111
Retirement Coverage.......................................................... 74
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Safety................................................................................ 114
Salaries............................................................................... 13
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Salary on Involuntary, Demotion.......................................... 20
Salary on Promotioni........................................................... 19
Salary on Voluntary Demotion ............................................ 20
SalaryReallocation ..'........................................................... 17
Scope of Agreement'......................................................... 126
Seniority Credits..... J .......................................................... 96
Separation Through Layoff ................................................. 28
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ServiceAwards ......................................................... ..... 118
ShiftOptions ....................................................................... 26
SickLeave .......................................................................... 39
Sick Leave Accrual .............................................................. 40
Sick Leave Incentive Plan................................................... 90
Skelly Requirements .......................................................... 101
Strike/Work Stoppage ....................................................... 106
Suspension ......................................................................... 99
S.W.A.T. Uniform .............................................................. 124
Terms & Conditions of Employment ................................... 91
Unfair Labor Practice ........................................................ 122
Uniform Allowance............................................................ 123 -
Vacation Accrual Rates ...................................................... 38
Vacation Buy Back.............................................................. 88
Withdrawal of Membership ................................................... 7
WitnessDuty....................................................................... 67
Workers' Compensation...................................................... 52
Workforce Reduction .......................................................... 26
WorkWeek ......................................................................... 26