ARTICLE
1 MEMORANDUM OF UNDERSTANDING –
INTRODUCTION
This is a
Memorandum of Understanding between the Management Negotiation Team for the
Unless
otherwise specified herein, all provisions shall become effective the beginning
of the pay period following adoption by the Board of Supervisors.
The
ARTICLE
3 PEACEFUL PERFORMANCE OF
The Association
agrees that there shall be no strike, work stoppage, or any other concerted
interference with operations, or any picketing, or any refusal to enter upon
the County’s premises or work site during the term of this Memorandum of
Understanding. Any employee who
participates in any of such prohibited activities shall be subject to discharge
or such lesser discipline as the County shall determine; provided, however,
that the employee shall have recourse to the Civil Service Commission as to the
sole question of whether he/she in fact participated in such prohibited
activity.
If the
Association, its staff or Board of Directors engage in, cause, instigate,
encourage, condone, or ratify any strike, work stoppage, concerted interference
with operations, picketing or refusal by employees to enter upon the County’s
premises or work site, the County may immediately suspend or revoke the payroll
deductions provided; however, the Association shall have recourse to the Civil
Service Commission as to the sole question of whether the Association, its
staff or its Board of Directors engaged in such prohibited activity.
The
inclusion of this Article in the Memorandum of Understanding shall in no way be
deemed to preclude or stop the County or the Association from seeking any form
of legal or equitable relief to which it may be entitled during the term of the
Memorandum of Understanding or at any other time.
ARTICLE
4 COMPLIANCE WITH MEMORANDUM
In the
event of any violation of the terms of this Memorandum, responsible and
authorized Representatives of the Association or the County, or any individual
department head as the case may be, shall promptly take such affirmative action
as is within their power to correct and terminate such violation for the
purpose of brining such persons into compliance with the terms of this
Memorandum. Individuals acting or
conducting themselves in violation of the terms of this Memorandum shall be
subject to discipline, up to and including discharge. The County shall enforce the terms of this
Memorandum on the part of its supervisory personnel; the Association shall
enforce the terms of this Memorandum on the part of its members.
ARTICLE
5 EQUAL EMPLOMENT
The County
and the Association agree that no person employed or applying for employment
shall be discriminated against because of race, color, religion, disability,
medical condition (cancer related or genetic characteristic), pregnancy,
gender, national origin, ancestry, marital status, sex, sexual orientation, age
(over 18), veteran’s status, or any other non-merit factor except where sex or
physical capacity is determined to be a bona fide occupational qualification
after consideration of reasonable accommodation factors in relation to the
essential job duties of the position.
The parties also agree to support Affirmative Action efforts which are
intended to achieve equal employment opportunity as provided for in Federal,
State and County requirement.
It is the
duty of the County to make reasonable efforts to provide and maintain a safe
place of employment. The Association
will cooperate in urging all employees to perform their work in a safe
manner. It is the duty of all employees
to be alert to unsafe practices, equipment, and conditions and to report any
such unsafe practices, equipment, or conditions to their immediate supervisor.
If such
condition cannot be satisfactorily remedied by the immediate supervisor, the
employee may submit the matter in writing to the Departmental Safety Officer. If the employee does not receive a response
within a reasonable period of time, or finds the response unsatisfactory, he/she
may directly contact the County Safety Officer.
A failure
by the County to follow the process specified above in this Article (6) is
grievable. Substantive matters are not
grievable.
ARTICLE
7 ASSOCIATION SECURITY
The Association
recognizes its obligation to cooperate with the County to maximize service of
the highest quality and efficiency to the citizens of
7.2 NOTICE OF RECOGNIZED ASSOCIATION
The County
shall give a written notice to persons being processed for regular employment
in a class represented by the Association.
The notice shall contain the name and address of the Association and the
fact that the Association is the exclusive bargaining representative for the
employee’s unit and class. The County
shall give the employee a copy of the current Memorandum of Understanding.
7.3 INDEMNIFY AND HOLD HARMLESS
The Association
indemnifies and holds the County, its officers, and employees acting on behalf
of the County harmless, and agrees to defend the County, its officers, and
employees acting on behalf of the County, against any and all claims, demands,
suits and from liabilities of any nature which may arise out of or by reason of
any action taken or not taken by the County under the provisions of this
Article (7), Sections 1 through 4.
7.4 PAYROLL DEDUCTIONS AND PAYOVER
The County
shall deduct voluntary Association dues and premiums for approved Association
insurance programs from the pay of employees in the DA Inspectors
Representation Unit in conformity with County regulations. The County shall promptly pay over to the
designated payee all sums so deducted.
The parties
to this agreement support the concept of high performance and high productivity
in order to provide a high level of service to the community at reasonable
cost. The parties agree to reasonable
support changes initiated by Management which are intended to increase the
efficiency or effectiveness of County operations.
ARTICLE
9 ROTATION AND REASSIGNMENT EXPECTED
AND NORMAL
It is
understood and agreed that public safety officers covered by this Memorandum are
expected to rotate among shifts and are subject to periodic reassignment among
functions and geographic areas as a normal part of their work, and that such
changes are not punitive even though employees may lose (or gain) eligibility
for compensations items (such as night shift differential or on-call pay) or
benefit items (such as vacation accrual or holidays) in accordance with the
provisions of this Memorandum as a results of such rotation or reassignment.
ARTICLE 10 EFFECTIVE DATE OF TRANSACTIONS
Personnel/payroll
transactions not effective on the first day of a pay period shall have an
effective date of the first day of the next pay period, unless an exception is
approved by the Personnel Director and the Auditor-Controller. Examples of such transactions include:
transfers, promotions, demotions. Step
increases which would be effective the first week of the pay period shall have
an effective date of the first day of that pay period; step increases which
would be effective the second week of the pay period shall have an effective
date of the first day of the next pay period.
The
following transactions are excluded from the provision of this Article: leaves
of absence without pay; return from leave of absence without pay; displacement;
work in a higher class appointment; return from work in a higher class
appointment.
A.
General
The authorized hours of a budgeted position constitute the
normally scheduled hours of work for an employee in that position (e.g., eighty
hours in a pay period are the normal schedule of work hours for an employee in
a full-time position, and forty hours in a pay period are the normal schedule
of work hours for an employee in a half-time position.) However, “normal” work hours shall not be
construed to mean a guarantee of hours of work.
Scheduled hours of work for an employee may be less than those
authorized for the position occupied by that employee because of decreased
workload, weather, closure of facilities, and other short-term conditions.
The scheduled hours of work of an employee may be reduced on
a continuing basis: (1) by mutual agreement between the employee and the
department, with the approval of the County Administrative Office; or (2) by
Board of Supervisors’ action in accordance with Article 25. If an employee’s scheduled work hours are
reduced on a continuing basis, the authorized hours of the position should be
reduced accordingly to avoid a negative impact on the employee.
1.
Part-time
Employees. Authorized hours worked by an
employee in a budgeted, part time position in excess of the scheduled hours of
work of the position shall be compensation in cash at the employee’s base
hourly rate up to eighty (80) hours in a two-week period.
2.
When
the combination of hours worked and of paid leave of an employee exceed forty
(40) in a pay period, the employee shall receive “straight time overtime” in
cash at the employee’s base hourly rate for such excess hours; provided,
however, that hours worked in excess of forty (40) shall be compensated at time
and one-half in accordance with Article 15.
Such employees may, at the option of the department head, be granted
compensatory time at the rate of one hour compensatory time for each hour of
straight time overtime in lieu of compensation in cash. Such compensatory time shall be combined with
and subject to the maximum accrual limit provided for in Article 15, subsection
D.2.
A.
Basic
Pay Plan. The basic pay plan consists of
the salary ranges and assignment of classes to such ranges provided for in the
County salary resolution. Each employee
shall be paid within the range for the class unless otherwise provided.
B.
Salary
Adjustments. Each step in the salary
range shall be increased for all classes in the Unit as follows:
1.
Effective
the first pay period after Unit ratification and Board of Supervisor approval,
the cost of living increase will be 2.54%.
2.
Effective
C.
Equity
Adjustments. Each step in the salary
range shall be increased for all classes in the Unit as follows:
1.
Effective
the first pay period after Unit ratification and Board of Supervisor approval
the equity adjustment will be 2.0%.
2.
Effective
the pay period beginning
D.
Effective
the first pay period after Unit ratification and Board of Supervisor approval,
the County will allocate $550.00 per active employee on payroll as of
E.
Requirements
for Step Increases. Step advancements
are predicated upon merit and length of service, and each part-time or
full-time employee in a budgeted position may receive an increase at the
completion of each number of hours of service, specified herein below, up to
and including the maximum step in the employee’s salary range as set forth in
the salary resolution of the County.
The steps
of each salary range shall be interpreted and applied as follows:
1. The first step in each schedule is
the minimum rate and may be the hiring rate for the class.
2. The second step may be paid at any
time after 2080 hours of satisfactory or better service at the first step, as
evidenced by a “meets job standards” or “exceeds job standards” or “outstanding
overall employee performance” rating and upon the recommendation of the
appointing authority.
3. The third step may be paid at any
time after 2080 hours of satisfactory or better service at the second step as
evidenced by a “meets job standards” or “exceeds job standards” or “outstanding
overall employee performance” rating and upon recommendation of the appointing
authority.
4. The fourth step may be paid at any
time after 2080 hours of satisfactory or better service at the third step as
evidenced by a “meets job standards” or “exceeds job standards” or “outstanding
overall employee performance” rating and upon recommendation of the appointing
authority.
5. The fifth step may be paid at any
time after 2080 hours of satisfactory or better service at the fourth step as
evidenced by a “meets job standards” or “exceeds job standards” or “outstanding
overall employee performance” rating and upon recommendation of the appointing
authority.
6. The sixth step may be paid at any
time after 2080 hours of satisfactory or better service at the fifth step as
evidenced by a “meets job standards” or “exceeds job standards” or “outstanding
overall employee performance” rating and upon recommendation of the appointing
authority.
7. The seventh step may be paid at any
time after 2080 hours of satisfactory or better service at the sixth step as
evidenced by a “meets job standards” or “exceeds job standards” or “outstanding
overall employee performance” rating and upon recommendation of the appointing
authority.
F.
Hours
of Service for Purposes of Step Advancement.
1. Defined. Paid hours of work and paid leave hours
accrued by an employee within the number of authorized hours for the position
occupied by the employee shall constitute hours of service. Hours worked in excess of the number of hours
authorized for the position, whether overtime or otherwise, shall not be
included in hours of service.
Exceptions. Military
leave and time off due to an occupational injury with the County shall be
considered hours of service for purposes of step advancement.
2. Beginning Date. Hours of service for purposes of step
increases accrue by class, beginning from the most recent date of appointment.
G.
Step
Placement and Step Advancement Upon Appointment to Equal class.
1.
Definition. An equal class is one in which the fifth step
hourly rate of the range for the new class is the same for the current class.
2.
Step
placement. Upon appointment to an equal
class, the employee shall retain the same step.
3.
Step
Advancement. Upon appointment to an
equal class, hours of service accrued in the former class for purposes of step
advancement shall apply to the new class.
4.
Application. This provision shall apply to all
appointments to an equal class, including: transfer, displacement to an equal
class, provisional transfer, return from provisional transfer, lateral
reclassification, and reappointment to a former class which has a fifth step
hourly rate which is the same.
H.
Step
Placement and Step Advancement Upon Appointment to Higher Class.
1.
Definition. A higher class is one in which the fifth step
hourly rate of the range for the new class is greater than the fifth step
hourly rate of the range for the current class.
2.
Application. This provision shall apply to all types of
appointment to a higher class, except a reappointment from displacement, and
shall include: promotion including promotion through upward reclassification or
through alternate staffing, appointment to a former higher class and a “worker
in a higher class” appointment.
3.
Step
Placement. The salary of employees who
are appointed to a higher class shall be adjusted to the step for the new class
closest to but higher than their old salary, provided, however, that such
increases shall be equivalent to an increase of at least 5 percent within the
limits of the new salary range.
4.
Step
Advancement. The beginning date for
purposes of accrual of hours of service for step advancement shall be the most
recent date of appointment to the higher class.
I.
Step
Placement and Step Advancement Upon Appointment to Lower Class or Downward
Reclassification.
1.
Definition. A lower class is one in which the fifth step
hourly rate of the range for the new class is less than the fifth step hourly
rate of the range for the current class.
2.
Appointment
to a Lower Class Other than Downward Reclassification.
a)
Application. The provisions of paragraphs (b) and (c)
below shall apply to all types of appointment to a lower class, except a
Y-rate, including: demotions,
appointment to a former class, displacement to a lower class, return from provisional
promotion, and return from work in a higher class.
b)
To
Class of Previous Service. If the
employee had previously served in the lower class to which appointed, such
employee shall have all time served in the higher class count as continuous
service in the lower class for purposes of step placement and advancement.
c)
To
class with NO previous service. Upon
appointment to a lower class, the employee’s salary shall be adjusted to the
same salary range of the new salary range that he/she was receiving in the
salary range of the higher class, and the employee shall receive credit for
hours of service accrued in the step in the higher class for purposes of
determining step advancement in the lower class.
3.
Downward
Reclassification.
a)
Overfill
Status. When an occupied regular or
limited term position is reclassified downward, the probationary or permanent
incumbent may retain the salary of their former class by being placed in an
overfill status for a period not to exceed five years from the effective date of
the reclassification. The provision of
overfill status is a protection device which is intended to reduce the impact
of downward reclassification upon compensation and class seniority. While in an overfill status, the incumbent
employee shall be eligible for step advancement, general salary adjustments and
accrue seniority which would apply to the former class. All other benefits and rights of employee
representation which are associated with the former class shall also apply to
the incumbent employee while in the overfill status.
Overfill provisions of the County shall be terminated at
such time as the equivalent step within the salary range for the new class
rises to meet or exceed the equivalent step in the salary range of the former
class. In such event, the reclassified
employee’s salary shall be adjusted on an equivalent step basis (i.e., 2nd
step to 2nd step) within the salary range for the new class and no
further application of the overfill of Y-rate protection provisions shall apply.
During the overfill period, the employee’s name shall be
certified to vacant positions in the former class:
1. In the same department in order of
seniority, and
2. Other department
An employee who is overfilling shall be demoted to the new
class upon:
3.
Refusal
of one offer of employment in the former class in the same department; or
4.
Refusal
of three offers of employment in the former class in other departments; or
5.
At
the termination of a five year overfill period, whichever of the foregoing
occurs first.
Upon such demotion the employee shall be placed at the step
of the lower salary range which has the rate which is closest to, but not less
than, their salary in the overfill class.
In the event that the employee’s salary in the overfill class is above
the maximum salary rate for the lower class, the employee shall be Y-rated.
b) Y-Rate. An employee who is placed on Y-rate shall
retain their current salary rate in the former class for a period of two years
or until any step within the salary range for the new class rises to meet or
exceed the frozen salary rate, whichever occurs first. The frozen salary rate shall be designated as
a Y-rate. All other benefits and rights
of employee representation which are associated with the new class to which
reclassified shall apply to the incumbent employee while in the Y-rate
status. Where the salary rate for any
step within the range for the new class rises to meet or exceed the Y-rate
salary, the employee’s salary shall be adjusted to that step within the range
which is closest to but not less than the Y-rate salary. If at the expiration of the two year Y-rate
period the employee’s salary rate is higher then the maximum established for
the lower class, the employee’s salary rate shall be adjusted to the maximum
for the lower class.
J.
Performance
Evaluation for Step Advancement. Failure
of an employee’s supervisor to present the employee with a performance
evaluation within thirty (30) calendar days of the due date, unless an
extension is mutually agreed upon, shall result in a satisfactory evaluation of
the employee as of the due date, and shall be considered to be a recommendation
of step advancement effective on the due date by the appointing authority.
A.
The
County agrees to provide the 2 percent at age 50 PERS retirement plan for all
safety members of this representation unit.
B.
In
2001 the County implemented the IRC 414, enabling employees in this Unit to pay
the PERS employee contribution. Since
implementation, the County no longer pays the employees’ PERS
contribution. In consideration of this
change, the parties agreed to a cost neutral one-time salary adjustment of 9
percent, representing the PERS employee contribution in lieu of the County
paying the PERS employee contribution.
C.
Implementation
of IRC Section 414(h)(2)
Pursuant to Internal Revenue Code Section 414(h)(2), the
County will designate the amount that the employee is required to pay for PERS
retirement benefits (9 percent) as being “picked-up” by the County and treated
as employer contributions for tax purposes only. By having the County use this process,
employees receive a form of deferred taxation in that taxes are paid on the
funds at the time the retirement benefit is received, rather than at the time
the retirement contributions are made.
Under current law, exercising the employer pick up option pursuant to
IRC Section 414(h)(2) results in no additional costs to the County. The parties agree that in the event that the
law changes such that costs are imposed on the County for exercising the
employer pick-up option under IRC Section 414(h)(2), the County shall
immediately cease designating the employee contributions as being “picked up”
by the County and such PERS contributions shall revert to being made on a
post-tax basis.
D.
Since
1988 the PERS 1959 survivors benefit at the third level has been provided as
allowed by Government Code Section 21382.4.
A.
The County’s monthly contribution toward health care
costs for active employees shall be as follows for the calendar year beginning
i.
Employee Only: 95%
of the 2007 premium for Blue Shield HMO
ii. Employee
Plus One: 75% of
the 2007 premium for Blue Shield HMO
iii. Employee
Plus Two or More: 75% of the 2007
premium for Blue Shield HMO
The County’s monthly contribution
toward health care costs for active employees shall be as follows for the
calendar year beginning
i.
Employee Only: 95%
of the 2008 premium for Blue Shield HMO
ii.
Employee Plus One 75%
of the 2008 premium for Blue Shield HMO
iii.
Employee Plus Two or More: 75% of the 2008 premium for Blue Shield HMO
The County’s monthly contribution
toward health care costs for active employees shall be as follows for the
calendar year beginning
i.
Employee Only: 95%
of the 2009 premium for Blue Shield HMO
ii.
Employee Plus One: 75%
of the 2009 premium for blue Shield HMO
iii.
Employee Plus Two or More: 75% of the 2009 premium for Blue Shield HMO
B.
Employees in this representation unit hereby
authorize the County to make a payroll deduction in the amount equivalent to
the remainder of the premium required for the Public Employees Medical &
Hospital Care Program or any other PERS-approved, County-offered alternate
medical plan in which they and their dependents are enrolled.
C.
Employees hereby authorize the County to make a
payroll deduction for the payment of the required PERS administrative fee based
upon the plan selected by the employee.
D.
Should PERS require a contribution to the Public
Employees’ Contingency Reserve Fund, employees hereby authorize payroll
deductions equivalent to any such contribution required by PERS.
E.
Pre-Tax Dollar Program. The county will make available to members of
this representation unit a voluntary program of pre-tax dollar contributions as
provided in Internal Revenue Code Section 125.
F.
The County shall provide, at its cost, a vision plan
for active, eligible employees. Premiums
for dependent vision coverage shall be paid by the employee.
G.
No Cross Coverage:
An employee cannot be covered as a dependent in the same health plan.
H.
Indemnify, Hold Harmless, and Defend: The Association indemnifies and holds the
County, its officers, and employees acting on behalf of the County, harmless
and agrees to defend the County, its officers and employees acting on behalf of
the County, against any and all claims, demands, suits, and from liabilities of
any nature which may arise out of or by reason of actions taken or not taken by
the Association, or by the County under the provisions of this Article (14.1),
in administering the provisions of the County approved health plan, including
but not limited to, eligibility, coverage, benefits, conversion provisions,
continuation coverage, and exclusions, as well as any liability for any taxes
or penalties resulting from any conflicts with or violations of internal
Revenue Codes.
I.
Survivor Coverage:
Upon the death of an active employee who has dependents covered under a
medical plan offered through the County, the County shall provide coverage
under that plan five (5) months following the death of the employee for the
surviving eligible dependents.
The County agrees to pay the premium for eligible employees and
dependents for dental coverage during the term of this agreement. Dependents must be enrolled in the same
dental plan as the employee.
Employees in this representation unit shall be responsible for payment of
premiums to their Long Term Disability Plan.
The County agrees to maintain and pay the premium for a Life Insurance
Plan for employees in this unit. The
Life Insurance Plan will be for the employee only, and shall be a $50,000 term
policy with an AD&D provision.
14.5 EFFECTIVE
DATE FOR MEDICAL PLAN CONTRIBUTIONS
Contributions for coverage in the County-approved medical plans begin the
first day of employment. Coverage shall
be effective the first day of the month following the first day of employment.
14.6 CONTINUATION
OF INSURANCES DURING LEAVE OF ABSENCE WITHOUT PAY
A.
Employees granted leave of absence without pay of
one full pay period or longer must notify the Employee Insurance/Benefits
Division of the County Personnel Department and make arrangements for payment
of insurances in advance. As used herein
(Article 14.6), payment “in advance” means the last working day of the pay
period in which the payment is due. If
the last working day of the pay period is a holiday, payment must be received
by the Employee Insurance/Benefits Division of the County Personnel Department
by
An employee who is on a leave of
absence without pay must pay in advance for any insurance coverage during the
leave of absence of one full pay period or longer. The only exception to advance payment is in
the case of an emergency beyond the control of the employee and where payment
shall be made at the earliest possible time after the leave commences. If the employee does not pay for insurance
coverage during the leave of absence, he/she is treated like a new employee in
terms of when coverage begins for each type of insurance. Should employees and/or their dependents not
be covered during a leave of absence without pay, they will be treated as
initial enrollees for dental insurance for purposes of qualification period and
benefits, including deductions and co-payments, upon return of the employee to
active employment.
When an employee is on a leave of
absence without pay for any reason, and is not receiving benefits through the
Long Term Disability (LTD) Plan, coverage under employee insurance (e.g.,
health, dental, long-term disability) ceases for the employee and any dependents
the beginning of the first full pay period of leave of absence without pay,
except as provided in 1. and 2. immediately below:
1.
Family Care or Medical Leave (“FMLA Leave”). The County shall, as required by Federal or
State law, make the same contributions for employee insurances for eligible
employees on an approved FMLA leave of absence without pay as if the employee
were working or on paid leave. The
employee shall be responsible for payment in advance of his/her portion of
premium contributions for insurances during such leave of absence without
pay. Failure by the employee to make
required payments in advance shall result in the employee and any dependents
losing coverage under employee insurances.
2.
Continuation of Employee Coverage While Receiving
LTD Benefits (other than FMLA Leave).
The County’s contribution towards employees’ dental coverage, life
insurance coverage and LTD coverage shall continue during the period a current
employee receives benefits through the LTD plan, while on a leave of absence
without pay. An employee may be required
to pay for his/her own coverage in advance and be reimbursed when confirmation
is received that he/she is receiving LTD Benefits, provided that the employee
contract the Employee Insurance/benefits Division to apply for LTD and
provided, should the employee not receive LTD benefits, the employee must repay
the County all contributions for insurances during the leave of absence without
pay. The County shall have the right to
recover its contributions towards the employee’s coverage through attachment of
wages, including payoff upon separation, civil action, or other actions.
B.
Liability of Employee for Ineligible
Dependents. Employees shall be liable
for payment for all services received by ineligible dependents and for any
contributions made on the dependent’s behalf by the County. It is the responsibility of each employee to
notify the Employee Insurance/Benefits Division of the County Personnel
Department upon any enrolled dependent(s) becoming ineligible.
A.
Employees in this representation unit who retire
through PERS may enroll in a PERS medical plan, as provided under the Public
Employees’ Medical & Hospital Care Program and PERS regulations.
B.
The County agrees to contribute as shown below for
eligible retirees who are enrolled in a PERS Public Employees’ Medical and
Hospital Care Program medical plan or an alternate medical plan approved by
PERS and offered through the County. The
County’s monthly contribution is as follows:
January 2007, increase of $50.00
per month not to exceed the actual cost of the plan selected:
i.
Retiree only: $357.00
per month
ii.
Retiree plus one: $407.00 per month
iii.
Retiree plus two or more: $463.00 per month
Effective for medical coverage
beginning calendar year
Effective for medical coverage beginning
calendar year
C.
Nothing in this agreement guarantees continued
medical insurance coverage upon or after the expiration of this agreement and
the underlying Memorandum of Understanding for retirees, their dependents, or
their survivors. The County reserves the
right to make modifications to retiree medical coverage, including termination
of coverage, upon or after the termination of the Memorandum of Understanding.
A.
Definitions.
For the purposes of this section, the following terms are defined:
1.
“
2.
“Overtime” means authorized time worked in excess of
40 hours in a one-week work period.
3.
“One Week Work Period” means a seven consecutive day
period, commencing Friday at
B.
Authorization.
Provided that budgetary limits are not exceeded, department heads may
authorize overtime for employees within their department when the workload in
the department dictates the need.
1.
Emergencies.
In cases of emergency (
2.
Advance Approval required. Employees cannot work overtime without the
advance approval of department heads or their designated agents.
3.
Time Off at convenience of Department. Time off in lieu of overtime shall be granted
at the convenience of the department head.
4.
Eligibility.
All employees are eligible for overtime pay.
C.
Computation.
1.
Hours Not Included.
Unless specifically provided otherwise in this Article, paid time off
from work for any purpose shall not count as time worked for purposes of
overtime, including but not limited to:
sick leave; vacation; court leave; any balance of compensatory time;
paid leave for participation in County examination or selection interviews or
for purposes of donating blood; and mandatory leave with pay.
2.
Holidays.
a)
When a holiday falls on an employee’s regular work
day, the hours of holiday leave shall be counted as time worked for purposes of
computing overtime whether the holiday is worked or not, and hours worked on a
holiday shall be counted as time worked for the purposes of computing overtime.
A court appearance as defined by
Article 16.3 shall not constitute work on a holiday.
b)
Holidays which occur on a day other than on an
employee’s regularly scheduled work day shall not be counted as time worked for
purposes of computing overtime.
D.
Compensation for Overtime – DA Inspector Unit
Employees
Regular Employees in this Unit
shall be on a “one week work period” for purposes of overtime, and shall
receive payment in cash for all overtime worked in the amount of one and
one-half (1.5) times the employee’s hourly salary rate. Such employees may also, at the option of the
department head, be credited with compensatory time earned at the rate of one
and one-half (1.5) hours of compensatory time for each hour worked over 40 in a
one-week work period in lieu of compensation in cash, except for the following:
1.
Any authorized overtime worked beyond twenty-seven
(27) hours shall be compensated in cash at one and one-half (1.5) times the
employee’s regular hourly rate. (Twenty-seven hours of overtime work will
result in a compensatory time off balance of 40.5 hours.)
2.
It is understood that the FLSA “regular rate” will
apply for hours worked beyond 43 in a one-week work period.
ARTICLE 16 ON-CALL DUTY, CALL BACK PAY, COURT APPEARANCE PAY
A.
Defined.
On-call duty is defined as the requirement by the County for an employee
to leave a phone number where the employee can be reached during off-duty
hours, or carry a pager during off-duty hours, and the employee must be able to
report to a specified job site within a one hour period. To be assigned on-call duty, an employee must
be on a written on-call department schedule that has been approved by the
County Administrative Officer.
B.
County Administrative Officer Approval.
No employee may be compensated for
on-call duty until approved by the County Administrative Officer. Review by the County Administrative Officer
shall include a determination of the need for the use of on-call, and a
determination that the on-call situation is to be utilized to the advantage of
the County.
C.
Time Worker.
1. Time spent
in answering phone calls or responding to calls by phone is considered actual
hours worked which counts towards overtime.
2. An
employee who is called back to duty shall be considered on-call until he/she
reaches the job site unless engaged in productive work. Travel time to the job site shall not be
considered time worked unless productive work (e.g., use of a car phone or
portable radio to determine status of case, assign staff, call out equipment)
is done.
3. Time
worked shall be deducted from the prescribed on-call shift to determine the
appropriate on-call pay.
D.
Compensation.
An employee assigned on-call duty
shall be compensated at a rate of $2.25 per hour for a period when assigned to
be on-call.
A.
Defined.
Employees who are ordered to return
to their work site or another specified work site by the Department Head or a
designated representative following the termination of their normal work shift
shall be considered to be on call back unless otherwise provided in this
Article (16).
Responses to phone calls or
performing work at home shall not be considered call-back duty. Time spent in these tasks should be
considered time worked. Travel time to
and from the work site shall not be considered time worked, unless the employee
engages in productive work en route to the job site.
B.
Compensation.
Employees who are called back
shall be compensated for the actual time worked with a minimum of two (2) hours
of overtime compensation being allowed for all periods less than two (2)
hours. Overtime call back compensation
shall be administered consistent with the provisions of Article 15.
Employees
who are required to return to work to appear in court at a time other than
their regular shifts shall receive the pay rate of one and one-half (1.5) times
their base rate of pay with a minimum of four hours, except as follows:
A.
No
more than one four-hour minimum shall be paid for any one day.
B.
No
compensation shall be granted for the period the court is in lunch recess,
unless the lunch break falls within the four (4) hour minimum
C.
When
a court appearance occurs less than four hours from the beginning of a shift,
the employee shall receive court appearance pay at time and one-half his/her
base rate until his/her shift begins.
D.
This
four-hour minimum shall not apply when court time worked by an employee occurs
at the end of the employee’s regular working hours. However, all court appearance hours worked
shall be paid at time and one-half the base rate.
E.
No
employee shall be compensated for court pay and court leave simultaneously.
F.
All
court time worked shall count as time worked for the purposes of calculating
overtime.
G.
Employees
will distinguish on their time cards between hours actually worked during the
court appearance minimum (i.e., 26 R “Court Pay”) and time not worked during
the minimum (i.e., 26 G “Court Pay Not Worked”).
H.
Travel
time to and from the site of the court appearance shall not be considered time
worked.
Premium pay
differentials shall be applied as follows:
A.
Each
type of premium pay (e.g., night shift differential) shall be applied
separately against the base hourly rate of the employee receiving the
premium(s).
B.
Premium
pay differentials shall be applied to overtime hours.
C.
Each
of the premium pay differentials shall be paid at one and one-half (1.5) times
the specified rate for overtime hours.
D.
No
premium pay differentials shall be paid for the period an employee is receiving
on-call pay.
E.
Regardless
of whether overtime is compensated in cash or compensatory time, any
differentials/premium pay applicable in the work period when the overtime is
worked shall be shown on the timecard for that period, and shall not be shown
on the timecard when any resultant compensatory time is taken off.
A.
POST
Certificates
1.
Employees
in this representation unit who possess a POST Intermediate Certificate shall
be paid a differential above their base hourly salary rate for career incentive
of 2.2 percent. Effective
2.
Employees
in the representation unit who possess a POST Advanced Certificate shall be
paid a differential above their base hourly salary rate for career incentive of
3.7 percent. Effective
3.
The
maximum differential for possession of a POST Certificate is shown in 17.2, A
paragraph 2 (above.) No employee will receive career incentive for both an
intermediate and an Advanced POST Certificate.
B.
These
provisions shall apply only to employees in classes for which possession of a
POST Basic Certificate is required.
A.
The
County shall provide payment of an additional $0.50 per hour on the hourly rate
for hours worked where the position is designated as requiring bilingual
language skills at Level 1, and the employee is certified as qualified at Level
II by the County Personnel Director.
The County shall provide bilingual payment of an additional
$0.70 per hour on the hourly rate for hours worked where the position is
designated as requiring bilingual skills at Level II and the employee is
certified as qualified at Level II by the County Personnel Director.
The County shall provide bilingual payment of an additional
$0.85 per hour on the hourly rate for hours worked where the position is
designated as requiring bilingual skills at Level III and the employee is
certified as qualified at Level III by the County Personnel Director.
“Level I” is the ability to converse in the second
language(s) and to read English and translate orally into the second
language(s). “Level II” is the ability
to converse in the second language(s); to read English and translate orally
into the second language(s); read the second language(s) and translate orally
into English; and to write in the second language(s). “Level III” encompasses the ability to
perform at Level II plus additional specialized legal translation and writing
skills beyond Level II, including the preparation of international extradition
orders and other extensive legal documents for prosecution and extradition
purposes.
B.
Bilingual
pay shall be initiated at the beginning of the pay period after the criteria
outlined herein is met.
C.
The
County shall periodically review positions covered by these provisions to
determine the number, location, and level of bilingual skill required of
positions to be designated as requiring bilingual skills. The County may require re-testing of
employees for the purpose of certifying that employees possess the necessary
skill level.
D.
Bilingual
pay shall be removed when the criteria as outlined herein ceases to be met.
Effective
April 8, 2006 extra help employees will receive an extra-help differential of
$1.00 an hour in addition to their regular pay for all hours worked in lieu of
accruals and all other benefits.
ARTICLE
18 OTHER COMPENSATION PROVISIONS
A.
Allowance
1.
A
monthly allowance shall be provided to employees in the classes of DA Inspector
II and I, who, on a regular basis, provide his/her own vehicle for use on
County business in lieu of being assigned a County car. Such allowance shall include payment for all
in-County mileage. Private vehicle mileage
accumulated on County business for out-of-county travel shall be reimbursed at
the rate of $0.31 per mile.
The monthly allowance shall be $380 per month.
The recipients of this allowance will retain their vehicle a
minimum of two years from the date of radio equipment installation in their
vehicle. The employee shall pay for
radio installation costs if the vehicle is exchanges in less than two years.
2.
The
monthly automobile allowance provides compensation for all direct and indirect
costs associated with ownership, insurance (including deductible), maintenance
and operation of the employee’s automobile for all in-County mileage. Payment of automobile mileage reimbursement
for any out-of-county travel provides compensation for all direct and indirect costs
associated with ownership, insurance (including deductible), maintenance and
operation of the employee’s automobile for all mileage for any out-of-county
travel.
3.
Employees
must be authorized to use their private automobile(s) on County business by the
County Administrative Office. Each
employee must provide proof of insurance coverage on the automobile(s) to be
driven on County business in an amount of not less than:
a. $100,000 per accident bodily injury
and $50,000 per accident property damage; or
b. $100,000 combined single limit for
auto liability, including bodily injury and property damage.
4.
Employees
who receive the monthly automobile allowance shall maintain their vehicles in
good mechanical order. The District
Attorney shall notify the General Services Director if a vehicle appears unsafe
or inappropriate for use in law enforcement.
The General Services Director shall have the authority and right to
reject a vehicle that he/she deems unacceptable, unsafe, or inappropriate for
use.
B.
Assignment
of a
1.
Any
additional County vehicles will be assigned according to Section 2.32 of the
2.
Once
vehicles are made available, they shall be immediately assigned to employees in
this unit. In order to provide for the
orderly transition from automobile allowances to assigned vehicles, as vehicles
are made available, they shall be assigned to employees in this unit on a
volunteer first, then reverse seniority basis.
The District Attorney or Personnel Director shall advise the General
Services Director and Auditor-Controller of which vehicle is assigned to each
employee.
Employees in this unit who are assigned a County owned or
leased vehicle shall not receive an automobile allowance.
3.
County
owned equipment which is installed in a private vehicle shall be transferred to
County owned vehicles by the General Services Department. For leased vehicles, the District Attorney
shall arrange for authorization of the transfer of equipment with the leasing
company.
4.
It
is the intent of the parties that vehicles assigned to employees in this unit
will be authorized for permanent overnight assignment pursuant to the County
Procedures Manual.
5.
The
parties shall comply with the County Procedures Manual in implementing the
provisions of this Memorandum of Understanding.
When
employees are required to travel out of the
The County
agrees to refurbish, repair, or replace body armor, as appropriate, in
accordance with manufacturer specification.
The cost to the County for such refurbishment, repair, or replacement of
an employee’s body armor shall be limited to a maximum of $600 during the life
of this agreement.
18.4 PAYMENT FOR EMPLOYEE EQUIPMENT DAMAGED OR
STOLEN
The
reimbursement of provisions of Title V, Section 400 of the County Procedures
Manual shall apply. For specific
guidelines on the reimbursement procedure, refer to the Personnel
Administration Manual, Section 2303 (PAM 2303).
ARTICLE
19 NOTICE OF CHANGES IN WORK SCHEDULE
Insofar as
practical, a minimum of two (2) calendar weeks advance notice shall be given to
employees in the DA Inspector Unit for changes in work assignment which affect:
A.
Regularly
scheduled working hours; and
B.
Normal
location for reporting to duty.
Nothing
herein shall limit the authority of management in making assignments to
different or additional locations, shifts, or work duties for the purpose of
meeting emergencies or critical staffing needs.
A.
Five
day/eight hour schedule: Employees on
the 5 day/8 hour schedule shall receive the holidays listed below:
1.
January
1, “New Year’s Day”
2.
The
third Monday in January, known as “Martin Luther King Day”
3.
The
third Monday in February, know as “President’s Day”
4.
March
31st, known as “Cesar Chavez Day”
5.
The
last Monday in May, known as “Memorial Day”
6.
July
4, “Independence Day”
7.
The
first Monday in September, known as “Labor Day”
8.
The
second Monday in October, known as “Columbus Day”
9.
November
11, known as “Veteran’s Day”
10. The Thursday in November appointed
as “Thanksgiving Day”
11. The last Friday in November, the day
after “Thanksgiving Day”
12. Half day on December 24, known as
“Christmas Eve”
13. December 25, “Christmas Day”
If January 1, March 31, July 4, November 11, or December 25
fall upon a Sunday, the Monday following is a
Statewide and local election days shall be regular County
work days.
B.
General
Provisions
1.
Abnormal
Work Schedule. Employees whose weekly
work schedule is different from a normal (i.e., eight hours a day, five days a
week) work schedule shall be granted the same number of hours off from their
work as employees on a normal work schedule are granted because of holidays.
2.
During
Paid Leave. A holiday falling within a
period of leave with pay shall not constitute a day of paid leave.
3.
Qualifications
for Pay. In order to qualify for holiday
compensation, the employee is required to work or be in a paid status (e.g.,
vacation, sick leave) on his/her last scheduled work day prior to the holiday
and his/her first scheduled work day following the holiday.
C.
1.
2.
Holidays
that occur on a day other than the part-time employee’s regularly scheduled
work day shall be compensated either by salary at straight time or allowing the
part-time employee to take time off in the same pay period for the hours which
are proportionate to the part-time position.
3.
In
order to qualify for holiday compensation, the part-time employee is required
to work or be in a paid status (i.e., vacation, sick leave, etc.) last scheduled
work day prior to the holiday and his/her first scheduled work day following
the holiday.
A.
Eligibility. Vacation benefits shall be provided in
accordance with the following:
1.
Full-Time
Employees. Each employee in a full-time
position shall be entitled to receive a vacation after completion of 2080 hours
of service from date of original appointment to a budgeted position.
No vacation shall accrue or be available to the employee
prior to the completion of the required 2080 hours.
2.
Part-Time
Employees. Each employee in a part-time
position shall be eligible to receive vacation after completing hours of
service equivalent to one year, provided, however, that the one year of service
shall be determine by multiplying the authorized weekly number of hours for the
position by 52. No vacation shall accrue
or be available to the employee prior to completion of the required hours of
service equivalent to one year.
3.
Extra
Help Employees. Extra Help employees
shall not earn vacation leave.
4.
Provisional
Employees on Original Appointment. If a
provisional employee is given a probationary appointment without a break in
service, the employee shall be granted credit for hours of service as a
provisional employee for purposes of earning vacation credit.
5.
Employees
Reappointed form Layoff. Employees who
are laid off and then reappointed with a period of 24 months of layoff shall
receive credit for hours of service accrued prior to layoff for purposes of
determining eligibility for vacation leave.
6.
Reinstated
Employees. Employees granted
reinstatement within a period of two years following resignation shall receive
credit for hours of service prior to resignation for purposes of determining
eligibility for vacation leave.
B.
Vacation
Allowance.
1.
Newly
appointed DA Inspector Representation Unit Employees on the 5 day/8 hour Work
Schedule.
a. Eligible full-time employees newly
appointed shall be credited with 112 hours of vacation upon completion of 2080
hours of service.
b. Eligible part-time employees newly
appointed shall be credited with vacation on a pro-rated basis proportionate to
the authorized hours of their positions upon completion of the required hours
of service under subsection A2 of this section.
c. Thereafter each eligible part-time
and full-time employee shall accumulate vacation leave for each subsequent
completed hour of service as follows:
2080 – 10,400 hours of service (approximately 1 through 4
years); .0538 hours per service (approximately 112 hours per year of full-time
service).
10,401 – 20,800 hours of service (approximately 5 through 9
years); .0731 hours per hour of service (approximately 152 hours per year of
full-time service).
20,801 – 31,200 hours of service (approximately 10 through
14 years); .0923 hours of per hour of service (approximately 192 hours per year
of full-time service).
31,201 hours of service and over (approximately 15 years and
over); .1115 hours per hour of service (approximately 232 hours per year of
full-time service).
C.
Limitations
On Use.
1.
At
Convenience of Department. Vacation
shall be taken at times designated by the department head.
2.
Maximum
Accrual. No employee shall be allowed to
accrue more than two and one-half (2 1/2) times the annual vacation accrual rate indicated for their
length of service on the 5 day/8 hour vacation accrual schedule.
3.
Increments. The department head may allow employees to
take vacation time off in increments as small as .01 hours.
4.
No
Loss of Credits. The department head
shall not cause an employee to lose earned credits.
5.
No
Duplication with Worker’s Compensation.
Accrued vacation may be pro-rated to add to Worker’s Compensation
temporary disability benefits in order to provide a compensation level equal to
the employee’s normal pay.
6.
Vacation
Loss Protection. Employees shall not be
eligible for compensation in cash for vacation in excess of the maximum accrual
rate except when so specified in an emergency declared by the County
Administrative Officer.
D.
Vacation
Payoff Upon Separation. Full-time and
part-time employees who are eligible for vacation under subsection A of this
section shall be paid the monetary value of any unearned vacation to their
credit at the time they separate from County service. Payoff of unused vacation upon separation
eliminates all earned vacation accrued to employees.
A.
Eligibility. Sick leave benefits shall only be provided to
those employees in budgeted positions in classes assigned to the DA Inspector
Representation Unit. Sick leave benefits
shall be provided in accordance with the following:
1.
Full-Time
Employee. Each employee in a full-time
position shall be entitled to receive sick leave after the completion of 1040
hours of service.
2.
Part-Time
Employees. Each employee in a part-time
position shall be eligible to receive sick leave after completing hours of service
equivalent to six months, provided, however, that the six months shall be
determined by multiplying the authorized weekly number of hours for the
position by 26.
3.
Extra-Help
Employees. Extra-Help employees shall
not earn sick leave.
4.
Provisional
Employees on Original Appointment. If a
provisional employee is given a probationary appointment without a break in
service, the employee shall be granted credit for hours of service as a
provisional employee for purposes of earning sick leave credit.
5.
Employees
Reappointed from Layoff. Employees who
are laid off and reappointed within a period of 24 months of layoff shall
receive credit for hours of service accumulated prior to layoff for purposes of
determining eligibility for sick leave.
6.
LC
4850 Leave. Employees receiving paid
leave pursuant to California Labor Code Section 4850 shall not accrue sick
leave.
B.
Sick
Leave Allowance.
1.
Employees
Reappointed from layoff (within 24 months).
a. Employees who were not eligible for sick leave
conversion at the time of layoff shall, upon reappointment, be credited with
all unused sick leave accrued at the time of layoff.
b. Conversion of unused sick leave at
the time of layoff eliminates all earned sick leave accrued by employees.
2.
Reinstated
Employees. Employees granted reinstatement
do not receive credit for any sick leave earned prior to their resignation.
3.
Accrual
– Employees in the DA Inspector Unit.
a. Eligible full-time employees shall
be credited with 48 hours of sick leave upon completion of 1040 hours of
service.
b. Eligible part-time employees shall
be credited with sick leave on a pro-rated basis proportionate to the
authorized hours of their position, upon completion of the required hours of
service under subsection A.2 of this Article.
c. Thereafter, each eligible part-time and
full-time employee shall accumulate .0462 hours of sick leave for each
subsequent completed hour of service (approximately 96 hours per year of
full-time service) up to the maximum accrual.
C.
Permissible
Uses
1.
Employee. Sick leave with pay may be used in case of a
bona fide illness of the employee upon approval of the department head.
2.
Family.
a. In conformance with State law,
employees shall be granted permission to use accrued sick leave to attend to
the illness of a child, parent or spouse/domestic partner of the employee. All conditions and restrictions placed by the
employer upon the use by an employee of sick leave also shall apply to the use
by an employee of such leave to attend to any illness of his or her child,
parent, or spouse/domestic partner. As
used in this paragraph: “child” means a biological, foster, or adopted child,
step-child, a legal ward, or a child of a person standing in loco parentis;
“parent” means a biological, foster, or adoptive parent, a step-parent, or a
legal guardian.
The Personnel Director or a department head may require
evidence in the form of a physician’s certificate and/or the County medical
director’s certificate of the adequacy of the reason for any absence.
D.
Limitations
On Use.
1.
Sick
leave is not allowed when the disability results from willful self-inflicted
illness, injury or misconduct, or in the event of a disability sustained on
leave of absence.
2.
Accrued
sick leave may be pro-rated to add to Worker’s Compensation temporary
disability benefits in order to provide a compensation level equal to the
employee’s normal pay.
3.
An
employee must use all sick leave accrued prior to going on a leave of absence
without pay for illness, injury, or incapacity to work.
E.
Maximum
Accrual
For employees in this unit, the maximum accrual for the
period
Sick leave may only be accrued up to a maximum balance of
1440 hours.
F.
Conversion
of Unused Sick Leave Upon Separation.
1.
Full-time
employees with 2080 – 10,400 Hours of Service.
Any employee in a full-time position who separates from County
employment upon a resignation in good standing, or by a layoff, retirement, or
death, and who has completed 2080 – 10,400 hours of service prior to such
separation shall thereupon be paid:
a. For employees in budgeted positions,
ten percent (10%) of the monetary value of any unused sick leave then to the
credit of such employee, less 160 hours equals the number of conversion hours
(i.e., accrued sick leave – 160, multiplied by .10). The maximum number of conversion hours shall
not exceed 300.
2.
Full-time
employees with 10,401 – 20,800 Hours of Service. Any employee in a full-time position who
separates from County employment upon resignation in good standing, or by a
layoff, retirement, or death, and who has completed 10,401 – 20,800 hours of
service prior to such separation shall thereupon be paid:
a. For employees in budgeted positions,
twenty-five percent (25%) of the monetary value of any unused sick leave then
to the credit of such employee, less 160 hours equals the number of conversion
hours (i.e., accrued sick leave – 160, multiplied by .25). The maximum number of conversion hours shall
not exceed 300.
3.
Full-time
employees with 20,801 and Over Hours of Service. Any employee in a full-time position who
separates from County employment upon a resignation in good standing, or by a
layoff, retirement, or death, and who has completed 20,801 hours of service
prior to such separation shall thereupon be paid:
a. For employees in budgeted positions,
fifty percent (50%) of the monetary value of any unused sick leave then to the
credit of such employee, less 160 hours equals the number of conversion hours
(i.e., accrued sick leave – 160, multiplied by .50). The maximum number of conversion hours shall
not exceed 300.
4.
Part-time
Employees. Each employee in a part-time
position shall be eligible for conversion of sick leave as set forth above in
subparagraphs 1, 2, and 3 of this subsection, provided, however, that the hours
of service required of part-time employees shall be computed on a pro-rated
basis proportionate to the number of authorized hours for the employee’s
position.
5.
Computation. The monetary value of the unused sick leave
shall be computed by multiplying the employee’s regular hourly rate of
compensation at the time of separation from employment by the number of
conversion hours of unused sick leave, not to exceed 300 hours.
6.
Elimination
of Sick Leave. Conversion of sick leave
at the time of separation eliminates all sick leave earned by the employee.
A.
All
employees shall be granted leave with pay from their work for such time as they
may be required to serve in a court of law:
1.
As
jurors; or
2.
As
witnesses on behalf of the County, unless such service is part of the
employee’s work assignment; or
3.
As
witnesses as required by subpoena based on their occupational expertise as
employees of the County, unless such service is part of the employee’s work.
B.
Accumulation
of credits for other paid leave shall continue in the same manner as would have
been the case had the employees actually been at work in their County positions
during the period of required court attendance.
C.
Any
employee assigned to swing or graveyard shift, for the hours of required court
leave, in accordance with A above, shall not be compensated for the period of
required court duty but shall receive equal time off as leave with pay during
the same or next work period and such leave with pay shall not be considered
time worked for purposes of overtime.
D.
Employees
required to service in a court of law in accordance with A above, on their day
off shall not be compensated for the period of required court leave but shall
receive equal time off as leave with pay during the same or next work period
and such leave with pay shall not be considered time worked for purposes of
overtime.
A.
Both
parties agree that all employees receiving paid leave under the provisions of
California Labor Code Section 4850 shall not accrue sick leave.
B.
Bereavement
Leave.
Employees in this representation unit shall be granted
bereavement leave with pay by his/her Appointing Authority the case of the
death of a spouse, a relative in the first degree, or the domestic partner of the
employee as recognized by the County after submission of an Affidavit of
Domestic Partnership. Relatives of the
first degree include the following: the
parents of the County employee, the grandparents of the County employee, the
sisters and brothers of the County employee, and the children of the County
employee. Children are defined as the
natural child of the employee, the adopted child of the employee, and the
step-child of the employee, and also include the children of the employee’s
domestic partner. A domestic partner of
an employee and the children of that domestic partner are recognized by the
County after submission of an Affidavit of Domestic Partnership. Such leave shall be limited to three (3) days
per occurrence for deaths occurring within
ARTICLE 21 LEAVE OF
ABSENCE WITHOUT PAY
A.
General
Provisions. The granting of any leave of
absence without pay shall be based on the presumption that the employee intends
to return to work upon the expiration of the leave and with the understanding
that the primary purpose of the leave of absence without pay is not to seek or
accept other employment. No leave of
absence shall be granted by a department when an employee has indicated that
he/she intends to terminate or is terminating from regular County service,
without the prior approval of both the Personnel Director and Risk Manager.
B.
Departmental
Leave of Absence Without Pay through 160 Working Hours. A departmental leave of absence without pay
shall not exceed 160 consecutive working hours for a full-time employee
(pro-rated for part-time, e.g., 80 hours for a half-time employee).
1.
Eligibility.
a. Permanent and Non-Civil Service
Employees. An employee who has permanent
or non-Civil Service status in their present class may be granted leave of
absence without pay by the appointing authority for the purpose of improving
the training of the employee for their position or career in the County
Service, or extended illness for which paid leave is not available, or in the
event of urgent personal affairs that require the full attention of the
employee.
b. Probationary and Provisional
Employees on Original Appointment.
Employees on an original appointment with probationary or provisional
status may be granted a departmental leave without pay by the appointing
authority in the case of illness or where it is clearly in the best interest of
the County and requires the full attention of the employee.
C.
County
Leaves of Absence Without Pay in Excess of 160 Working Hours. Regular employees may be granted a leave of
absence without pay in excess of 160 hours (pro-rated for part-time employees)
as provided in B above, subject to the prior approval of the Personnel
Director.
The maximum period of leave of absence without pay is one
(1) year pursuant to Civil Service Rule XI B.
D.
Right
of Return
1.
Permanent
Employees. The granting of a leave of
absence to an employee who has permanent status in his/her present class
guarantees the right of his/her return to a position in the same class in
his/her department at its expiration, or an earlier date mutually agreed upon
by the department and the employee.
2.
Probationary
and Provisional Employees on Original Appointment and Non-Civil Service
Employees. The granting of a leave of
absence without pay to an employee on an original appointment with probationary
or provisional status or in a position with non-Civil Service status does not
guarantee the right of return.
3.
Notwithstanding
other provisions of this Article (21), employees returning from an approved
Family Care or Medical Leave of Absence shall have the right to return to the
same or equivalent position as required by Federal or State law. (See Family Care and Medical Leave Notice at
the end of this Agreement, or Section 168.4 of the Personnel Regulations.)
E.
Effect
of Leave of Absence Without Pay on Service Hours. Leaves of absence without pay shall be
deducted from hours served for purposes of step advancement, probationary
period, and County service.
F.
Continuation
of Insurance Benefits During Leave Without Pay.
To assure continuation of insurance benefits, employees must notify the
Risk Management Division of the County Personnel Department when granted a
leave of absence without pay in excess of one pay period (see Article 14.6)
G.
Limitation
on Use
1.
Employees
must use all earned sick leave prior to the effective date of any leave of
absence without pay in case of illness.
2.
Employees
must use all accumulated compensatory time off prior to the effective date of
any leave of absence without pay.
3.
Departments
may establish conditions pertaining to the period of leave of absence without
pay and requirements for return from such leave which must be mutually agreed
upon before the leave is approved.
4.
Specific
beginning and ending dates must be identified for any leave without pay.
5.
Paid
leave shall not be received or earned for any period of leave of absence
without pay.
H.
Failure
to Return. Any employee who fails to
return upon the expiration of any leave of absence without pay shall be regarded
as having automatically resigned.
ARTICLE
22 ABSENCE WITHOUT LEAVE
An employee
absent from duty for a period which exceeds three working days without
authorized leave shall be considered to have abandoned his/her position and to
have automatically resigned.
Such
resignation shall be rescinded by the Appointing Authority if the employee can
show to the satisfaction of the Appointing Authority that it was impossible to
contact the department of employment, provided the employee contacts the
department at the first opportunity.
The employee may appeal the Appointing Authority’s determination to the Civil
Service Commission within the time provided for in Section 3.24.030. The appeal is solely limited to the questions
of whether it was impossible for the employee to contact the department of
employment, and that the employee did contact the department at the first
opportunity.
ARTICLE
23 GRIEVANCE PROCEDURE
The County
and Association recognize that early settlement of grievances is essential to
sound employee management relations. The
parties seek to establish a mutually satisfactory method for the settlement of
grievances of employees, or the Association.
In presenting a grievance, the aggrieved and/or his/her representative
is assured freedom from restraint, interference, coercion, discrimination, or
reprisal. Pursuant to this Memorandum of
Understanding and the County’s Procedures Manual, Section 160, Salary,
Compensation, and Leave provisions, which directly applies to employees in the
District Attorney Inspector Representation Unit, the procedures and provisions
herein are established in order to maintain a reasonable and uniform process
for dealing with disputes.
A.
Definition
1.
A
grievance may only be filed if it relates to:
a. A management interpretation of
application of provisions of this Memorandum of Understanding which adversely
affects an employee’s wages, hours, or conditions or employment; or
b. A management interpretation of
application of the County Procedures Manual, Section 160, Salary, Compensation,
and Leave provisions, which directly applies to employees in the District
Attorney Inspector Representation Unit and which adversely affects the
employee’s wages, hours, or conditions of employment.
2.
Specifically
excluded from the grievance procedure are:
a. Subjects involving amendment or
change of a Board of Supervisors resolution, ordinance, or minute order;
b. Dismissals, suspension, or reduction
in rank or classification;
c. Probationary dismissals upon
original appointment;
d. Content of performance evaluations;
e. Leaves of Absence, Article 21;
f.
Violation,
misinterpretation, or misapplication of Civil Service Rules or provisions of
the County code.
g. Equal Employment Opportunity or
harassment complaints;
h. Complaints regarding Workers’
Compensation or the applicable procedures for such complaints;
i.
Complaints
regarding occupational health and safety or the applicable procedures for such
complaints. (Failure by the County to follow the process specified in Article 6
is grievable.)
B.
Presentation
Employees shall have the right to present their own
grievances or do so through a representative of their own choice. Grievances may also be presented by a group
of employees or by the Association. No
grievance settlement may be made in violation of an existing rule, ordinance,
memorandum of understanding, minute order or resolution of the Board of
Supervisors or State law. Association
grievances shall comply with all foregoing provisions and procedures.
C.
General
Provisions
1.
The
provisions of this Article shall not abridge any rights to which an employee
may be entitled under the County’s limited Civil Service system, or merit
employment system, nor shall it be administered in a manner which would
abrogate any power which, under the limited Civil Service system, or merit
employment system, is the sole province and discretion of the Civil Service
Commission.
2.
Failure
of the employee to file a grievance or an appeal within the required time
limits at any step shall constitute an abandonment of the grievance. Failure of the County to respond within the
time limit of any step shall result in an automatic advancement of the
grievance to the next step.
3.
In
no event shall any grievance include a claim for money relief for more than a
sixty (60) day period prior to filing of the grievance.
4.
Time
limits specified in the processing of grievances may be waived in writing by
mutual agreement.
5.
Grievances
may, by mutual agreement, be referred back for further consideration or
discussion to a prior step or advance to a higher step of the grievance
procedure.
6.
No
hearing officer shall entertain, or make finding of fact or recommend on any
dispute unless such dispute involves a position in the District Attorney
Inspector Representation Unit and unless such dispute falls within the
definition of a grievance as set forth in this article.
D.
Procedure
1.
Informal
Grievance
Any employee who believes that he or she has a grievance may
discuss his/her complaint with the immediate supervisor in an attempt to
resolve the matter before it becomes the basis for a formal grievance.
2.
Formal
Grievance
a. Step One
Within twenty (20) calendar days of occurrence of discovery
of an alleged grievance, the grievance may be presented to the department head
or designated representative. The
grievance shall be submitted on a
(1). The name of the grievant(s);
(2). The specific nature of the
grievance;
(3). The date, time and place of
occurrence;
(4). Specific provision(s) of the
Memorandum of Understanding or Section 160 of the
(5). Any steps that were taken to secure
informal resolution;
(6). The corrective action desired; and
(7). The name of any person or
representative chosen by the employee to enter the grievance.
The employee shall be allowed reasonable time to meet with a
designated steward. A reasonable amount
of time will be granted the employee and steward to handle the initial
investigation and processing of the grievance.
The steward may discuss the problem with employees immediately concerned
in an attempt to achieve settlement of the matter.
The department head or designated representative shall
provide a written decision within twenty (20) days of receipt of the grievance.
b. Step Two
If the grievant(s) is not satisfied with the first step
decision, he or she may, within fourteen (14) calendar days after the receipt
of the decision, present a written appeal of the decision to the Personnel
Director or designated representative.
The Personnel Director or designated representative shall provide a
written decision within fourteen (14) calendar days of receipt of the appeal.
c. Step Three
The decision(s) of the Personnel Director may be appealed
within seven (7) calendar days to a hearing officer. The written appeal shall be filed with the
Personnel Director.
d. Hearing Officer
The hearing officer’s compensation and expenses shall be
borne equally by the grievant(s) and the County. Each party shall bear the costs of their own
presentation, including the preparation and post-hearing briefs, if any.
The County and the Association shall mutually agree upon or
jointly select a panel of seven hearing officers from names provided by the
State Conciliation Service. The County
and the Association may mutually agree to use a hearing officer not on the list
or to add to or modify the list. Members of the panel shall be advised of and
agree to the following:
(1). Within ten (10) calendar days of
receipt of the appeal at Step 3, one hearing officer shall be selected by
rotation from the panel. A hearing shall
be scheduled within thirty (30) calendar days of receipt of the appeal.
(2). Proceedings shall be recorded but
not transcribed except at the request of either party to the hearing. The party requesting the transcripts shall
bear the expense. Upon mutual agreement,
the County and the grievant may submit briefs to the hearing officer in lieu of
a hearing.
(3). Except when briefs are submitted as
specified in the preceding paragraph, it shall be the duty of the hearing
officer to hear and consider evidence submitted by the parties and to
thereafter make written findings of fact and recommend a disposition of the
grievance to the County Administrative Officer within fifteen (15) calendar
days of the conclusion of the hearing.
The hearing officer shall have no power to recommend amendment to the
Memorandum of Understanding, a resolution or minute order of the Board of
Supervisors, ordinance, State law, or written rule.
(4). The hearing officer’s findings of
fact and recommended disposition shall be forwarded to the County
Administrative Officer and to the grievant.
Within ten (10) calendar days of receipt, the County Administrative
Officer shall make a decision on the grievance.
(5). If any decision by the County
Administrative Officer requires action of the Board of Supervisors before it
can be placed in effect, the County Administrative Officer shall recommend to
the Board of Supervisors that it implement the decision.
ARTICLE
24 GRIEVANCE REPRESENTATIVES
The
Association agrees to notify the County of their Grievance
Representatives. One Grievance
Representative shall be allowed at each separate physical work location. If more than twenty-five employees are
assigned to one physical work location, one Grievance Representative shall be
allowed for each twenty-five employees or fraction thereof. The Association may request additional
Grievance Representatives where circumstances warrant such action. Department heads are authorized to grant such
requests where circumstances warrant.
A Grievance
Representative shall be authorized a reasonable amount of time off to evaluate
alleged grievances and advise employees regarding the processing of an alleged
grievance prior to submitting the grievance for processing. Grievance Representatives shall arrange with
their immediate supervisor prior to using County time to assist in grievance
processing.
The
involuntary separation of an employee because of lock of work, lack of funds,
reorganization, in the interest of economy or other reasons determined by the
Board of Supervisors to be in the best interest of County government.
25.2 PURPOSE OF LAYOFF PROVISION
To provide
a prompt and orderly process for reduction in the County workforce when
determined to be necessary by the Board of Supervisors.
The Board
of Supervisors shall determine the department in which the reduction is to be
made and the number and classes of positions to be eliminated.
Layoff
provisions shall apply only to the department in which a workforce reduction is
to occur and to the classes designated for layoff, or affected by displacement,
within that department.
The County
Personnel Department shall provide affected employees with two (2) weeks’
written notice of layoff and/or displacement.
Layoff
provisions shall not apply to a temporary layoff declared under the authority
of the Board of Supervisors of les than four (4) cumulative weeks per fiscal
year.
Whenever it
is necessary to lay off one or more employees in a department, the Personnel
Director will prepare a list of the order of layoff in accordance with the
following:
A.
Extra-help
employees performing work within the affected class(es) shall be laid off
first;
B.
A
call for volunteers, in order of seniority (to be considered a lay off). Such employees may not displace (bump) to
another class.
C.
Provisional
employees in the affected class(es) shall be laid off next:
D.
Probationary
employees working in the affected class(es) shall be laid off next:
E.
Permanent
employees working in the affected class(es) shall be laid off last in reverse
order of seniority as defined below in paragraph 25.7.
25.6 DISPLACEMENT (BUMPING) IN LIEU OF LAYOFF
Displacement
is the movement in a layoff of an employee to an equal or lower class on the
basis of seniority. (An employee cannot
displace to a higher class.)
If an
employee who is to be laid off had permanent status in an equal or lower class
in the department in which layoff occurs, such employee shall be offered a
vacant position in the equal or lower class in the department, or he/she may
displace an employee of that department having less seniority as defined in
paragraph 25.7. Any employee thus
displaced may in the same manner displace another employee. Should an employee have the right to displace
in more than one class, he/she shall displace first in the highest class in
which he/she has rights. Should am
employee have the right to displace to two or more equal, lower classes, he/she
shall displace first to the most recently occupied equal class.
25.7 SENIORITY FOR PURPOSES OF LAYOFF AND
DISPLACEMENT
Seniority
rights for purposes of layoff and displacement and in voluntary reduction
authorized hours shall be available only to County employees in the Classified
Service that have attained permanent status.
Seniority
credits for purposes of layoff, displacement and involuntary reduction in
authorized hours shall be determined by crediting one seniority point for each
full 80 hours of service in a class while in continuous County service.
A.
Authorized
hours of service are the number of hours formally established for a position by
the Board of Supervisors of County Administrative Officer action. Hours worked in excess of the number of hours
authorized, whether overtime or otherwise, shall not be included in
determination of seniority credit.
B.
For purposes of seniority only, an employee who is laid off
and reappointed to a regular position within two years of layoff shall not be
considered to have terminated. However,
no seniority credit shall accrue for such an employee during the period of
layoff.
For purposes of layoff, displacement, and involuntary
reduction in authorized hours, seniority credit shall accrue for classes in
which permanent status has been obtained.
Seniority may be accumulated when moving from one department to another
(e.g., through promotion, transfer, or demotion), however, it shall only apply
to the department in which a workforce reduction is to occur and only for
classes designated for layoff or affected by displacement or involuntary
reduction in authorized hours within the department.
Seniority credit for prior service in higher or equal levels
in which permanent status was obtained shall be applied to a current class in
which permanent status has been obtained.
Permanent service in two classes at the same level shall be
combined and accrue to the most recent class for seniority credit.
Seniority in the current class shall be added to seniority
in the next lower class in which permanent status has been obtained for
purposes of displacement.
Determination of the relationship between existing classes
with respect to higher, equal, or lower status shall be based upon the current
relationship of the fifth step salary for the classes.
If an employee has achieved permanent status in a class
which has been abolished, seniority credit will be applied to an equal or the
nearest lower level class, if any, in which the employee has achieved permanent
status based on the salary relationship in existence at the time the class was
abolished.
Probationary and provisional service in a class will not be
credited for seniority in the class unless permanent status is achieved,
probationary and provisional service and “work in a higher class” shall be
counted for seniority credit in the next lower class in which the employee has
achieved permanent status in continuous service.
Employees who have been promoted from a lower class to a
higher class through a reclassification action since
25.8
To the
extent possible under Civil Service Rules, employees should not lose their
seniority credit under this Article because classes have been revised,
established, abolished, or retitled.
All
employees shall be provided an opportunity, through their employing department,
to review the record of service for which they have been given seniority
credit. Such records of service shall be
made available to the employee upon request, but no more than once a year. Employees shall be provided an opportunity to
submit information supporting a differing conclusion. Determination of credit for prior service for
revised, established, abolished, or retitled classes may be appealed to the
Personnel Director. The findings of the
Personnel Director shall be final and not subject to further review.
25.9 RETENTION OF REEMPLOYMENT LIST STATUS
Laid off
employees having permanent status at the time of layoff, or permanent employees
who displaced to a lower class on the basis of prior permanent status in the
lower class, or permanent employees who have had the authorized hours of their
positions involuntarily reduced, shall be certified to openings from
reemployment lists established for each class in which they have reemployment
rights.
Such
employees shall be placed on the Departmental Reemployment List in order of
seniority, and such employees shall also be placed on a County-wide
Reemployment List as a block in no particular order.
A.
Departmental
Reemployment rights
If an opening occurs in the department from which employees
were laid off, those on the reemployment list will be certified to positions in
the class from which they were separated on a one-to-one basis in order of
seniority. A Departmental Overfill List
is the only list that shall have precedence over a Departmental Reemployment
List. (Civil Service Rules, Section IV.)
A department may request selective certification of bilingually
qualified employees from a Departmental Reemployment List for a vacant position
that is designated as a bilingual pursuant to Article 17.3. If there is no Departmental Reemployment List,
the order of certification shall be: (1) County-wide Overfill list: (2)
County-wide Reemployment List: and (3) other employment lists as specified in
Civil Service Rules VI B 2.
B.
County-wide
Reemployment Lists
If an opening occurs in a class in departments other than
the one in which the layoff took place, the Personnel Director shall certify
the County-wide Overfill Lists for that class to the other department(s). If there is no County-wide Overfill List for
the class, the next list to be certified shall be the County-wide Reemployment
List. Names on such a County-wide
Reemployment List shall be certified together as a block in no particular
order.
A department may request selective certification of
bilingually qualified employees from a County-wide Overfill List for a vacant
position that is designated as bilingual pursuant to Article 17.3. If there is no County-wide Overfill List, the
order of certification shall be: (1)
County-wide Reemployment List; and (2) other employment lists as specified in
Civil Service Rule VI B 2.
C.
Retention
of Reemployment List Status
A laid off employee shall remain on the Reemployment Lists
for the class until either of the following occurs:
1.
He/she
refuses one offer or an interview or one offer of reemployment in the class
from which he/she was laid off or displaced;
OR
2.
Twenty-four
(24) months have elapsed from the date of layoff or displacement.
A laid off employee’s name may also be removed from
reemployment lists on evidence that the person cannot be located by postal
authorities. The name of a person on a
reemployment list who fails to reply within ten (10) working days to a written
certification notice shall be removed from the reemployment lists for the
class. Such persons name may be restored
to the list upon written request by the person.
25.10 PREFERENTIAL CONSIDERATION
The
Personnel Department will, within the latitude of the Civil Service Rules,
attempt to assist probationary and permanent employees subject to layoff as a
result of the application of these provisions.
To avail themselves of this assistance, such employee(s) shall submit
complete, up-to-date employment applications upon request of the Personnel
Department. Assistance to be provided to
such employees by the Personnel Department will entail:
A.
Referral
of laid off probationary employees on a “re-entry” list for consideration of
appointments to the class from which laid off, along with persons on other
eligible lists.
B.
Referral
of reemployment lists as alternate lists to vacancies in other classes for
which there are no employment lists, in accordance with Civil Service Rules.
C.
Referral
of “re-entry” lists as alternative lists to vacancies in other classes for
which there are no employment lists in accordance with Civil Service Rules.
D.
Job
search training for groups of affected employees, within staffing and ongoing
workload limitations.
E.
Counseling
with respect to placement in other County jobs, within staffing and ongoing
workload limitations. Employees whose
names remain on a reemployment lists may compete in promotional examinations
pursuant to Civil Service Rule VIII
25.11 EMPLOYEES APPOINTED TO LIMITED-TERM POSITIONS
Notwithstanding
any other provisions of this Article (25) an employee appointed to positions
designated as limited-term by the Board of Supervisors shall be laid off at the
expiration of that limited-term position without regard to other provisions of
the Article.
25.12 OTHER MEANS OF ATTAINING PERMANENT STATUS FOR
PURPOSES OF SENIORITY
For
purposes of layoff only, an employee with hours of service equivalent to at
least six month continuous probationary service in a class may be considered to
have attained permanent status in that class, provided all the criteria
specified below are met:
A.
The
employee has completed hours of service equivalent to at least six months
continuous probationary service in a higher class in the same class series.
B.
The
appointment to the higher class in the class series, as described in A, above,
immediately followed the probationary service in the lower class.
C.
Each
performance evaluation pursuant to Civil Service Rules X (A) received in both
classes had an overall rating of satisfactory or better.
D.
The
employee submits a written request to his/her appointing authority which
specified the class in which he/she wishes to have permanent status for
purposes of layoff applied, and the appointing authority concurs with C, above.
E.
The
Personnel Director verifies that sufficient hours of service were attained in
probationary status, service in the two classes was continuous and interrupted,
and that the two classes are in the same class series.
The County
will meet and confer on the impact of any subsequent temporary layoff,
notwithstanding the duration of this agreement or any other provision of law related
to the duration of this agreement.
A.
Existing
and newly appointed employees in the representation unit will have their
paychecks automatically deposited in a participating financial
institution. New employees have two pay
periods from the date of appointment to complete a payroll authorization form
for a participating financial institution.
Payroll authorization forms are available from the employee’s
departmental payroll clerk.
B.
Should
Federal legislation be enacted which requires that members of this unit be
covered by Social Security and/or Medicare, the parties agree to reopen this
agreement to consider the impact on the County of such mandatory benefits.
C.
The
County agrees to provide hepatitis inoculations on a voluntary basis to
employees in this representation unit.
In the
event that any provision of this Memorandum of Understanding be declared by a
court of competent jurisdiction to be illegal or unenforceable, that provision
of the Memorandum of Understanding shall be null and void, but such
nullification shall not affect any other provisions of this Memorandum of
Understanding, all of which other provisions shall remain in full force and
effect.
