ARTICLE 1 MEMORANDUM OF UNDERSTANDING

ARTICLE 1 MEMORANDUM OF UNDERSTANDING - INTRODUCTION

This is a Memorandum of Understanding between the Management negotiating

Team for the County of Santa Cruz and the Operating Engineers, Local 3

Negotiating Team. Both parties agree that this Memorandum is a result of

meeting and conferring in good faith under the terms of State and County

regulations. This Memorandum of Understanding contains the complete results

of negotiations between the County of Santa Cruz and the Operating Engi-

neers, Local 3 for County Employees in the Law Enforcement Representation

Unit for the period beginning June 28, 1997 through June 30, 2000.

Unless otherwise specified herein, all provisions shall become effective

June 28, 1997.

ARTICLE 2 RECOGNITION

The County of Santa Cruz recognizes the Operating Engineers, Local 3,

(hereinafter referred to as "Union") as the exclusive bargaining represen-

tative for all employees in "permanent" (i.e., budgeted) positions within

the Law Enforcement Representation Unit.

ARTICLE 3 PEACEFUL PERFORMANCE OF COUNTY SERVICES

The Union, its agents and employees it represents, agree that there shall

be no strike, work stoppage, or any other concerted interference with oper-

ations, or any picketing, or any refusal to enter upon the County's premis-

es 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 deter-

mine; provided, however, that the employee shall have recourse to the Civil

Service Commission as to the sole question of whether he/she in fact par-

ticipated in such prohibited activity.

If the Union, its staff or Board of Directors engage in, cause, instigate,

encourage, condone, or ratify any strike, work stoppage, concerted inter-

ference 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 Union shall have re-

course to the Civil Service Commission as to the sole question of whether

the Union, or its staff or 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 estop the County or the Union 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 Union or the Employer, or any indi-

vidual department head as the case may be, shall promptly take such affir-

mative action as is within their power to correct and terminate such viola-

tion for the purpose of bringing 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 employer shall enforce the terms of this

Memorandum on the part of its supervisory personnel; the Union shall en-

force the terms of this Memorandum on the part of its members.

ARTICLE 5 EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION

The County and the Association agree that no person employed or applying

for employment shall be discriminated against because of race, color, reli-

gion, disability, medical condition (cancer related), national origin,

ancestry, marital status, sex, sexual orientation, age (over 40), 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 considera-

tion 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 and State requirements.

ARTICLE 6 SAFETY

It is the duty of the County to make reasonable efforts to provide and

maintain a safe place of employment. The Operating Engineers, Local 3, 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 con-

ditions to their immediate supervisor.

If such condition cannot be satisfactorily remedied by the immediate super-

visor, 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 in the Personnel Department.

The Sheriff-Coroner shall designate a Departmental Safety Officer to re-

ceive, review and make recommendations on all reported unsafe working con-

ditions.

A failure by the County to follow the process specified above in this Arti-

cle (6) is grievable. Substantive matters are not grievable.

ARTICLE 7 SHERIFF'S VEHICLES - SAFETY INSPECTION

The Departmental Safety Officer shall be responsible for the safety inspec-

tion and field testing of County maintained vehicles at 50,000 miles and

every 15,000 miles thereafter. Inadequate or unsafe running gear will be

replaced or repaired. Vehicles that are unsafe and cannot be restored to

safe condition will be removed from service.

The Union's safety specialist may examine patrol and prisoner transporta-

tion vehicles when three written reports of a specific safety hazard have

not been corrected. The Union's safety specialist may recommend improve-

ments to eliminate the safety hazard to the Director of General Services.

ARTICLE 8 PRODUCTIVITY

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 commu-

nity at reasonable cost. The parties agree to reasonably 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 compensation items (such as night shift differen-

tial or on-call pay) or benefit items (such as vacation accrual or holi-

days) in accordance with the provisions of this Memorandum as a result of

such rotation or reassignment.

ARTICLE 10 EFFECTIVE DATE OF TRANSACTION

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 peri-

od, unless an exception is approved by the Personnel Director and 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 peri-

od; 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 peri-

od.

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.

ARTICLE 11 SCHEDULED HOURS

A. General.

The authorized hours of a budgeted position constitute the normally

scheduled hours of work for an employee in that position (e.g., 80

hours in a pay period are the normal schedule of work hours for an

employee in a full-time position, and 40 hours in a pay period are the

normal schedule of work hours for an employee in a half-time posi-

tion). 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 facili-

ties, and other short-term conditions.

The scheduled hours of work of an employee may be reduced on a contin-

uing basis: (1) by mutual agreement between the employee and depart-

ment, with the approval of the County Administrative Office; or (2) by

Board of Supervisors action in accordance with Article 26. 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 compensated in cash at the employ-

ee's base hourly rate up to 80 hours in a two-week period. Such

hours shall not be a factor or credit for purposes of step ad-

vancement, paid leave accrual or use, pay differentials, or se-

niority accrual. Such employees may, under authorization and

eligibility requirements set forth for each leave type, use hours

of paid leave up to the number of scheduled hours of work of the

position in the pay period, except as provided in B, below, for

employees on the 7 day/12 hour work schedule.

2. When the combination of hours worked and of paid leave of an

employee exceed 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 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 of 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.

ARTICLE 12 PAY

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.*

1. Effective October 4, 1997, the salary schedule for classes in

this representation unit shall be modified as follows:

a. The existing first step shall be deleted. Individuals at

the first step shall be moved to the current step 2. There-

after, they shall be eligible for advancement to the next

step after 2080 hours of service.

b. An additional step shall be added to the top step of the

salary range approximately five (5%) above the existing top

step. Any employee at the current top step who has complet-

ed 2080 hours of service at that step shall be immediately

eligible for advancement to the new top step. Employees not

yet qualified for advancement to the new top step shall be

eligible for advancement in accordance with regular step

advancement rules.

c. The previous steps 2 through 7 will appear on the new salary

range as steps 1 through 6 and the new top step will be

identified as step 7.

2. Effective August 8, 1998, the hourly rates for steps in salary

ranges for all classes in this Unit shall increase by 11.0% as

employees concurrently commence paying the PERS employee contri-

bution of 9.0%.

__________________

* Also see Section 22.1

3. Effective June 24, 1999, the hourly rates for steps in salary

ranges for all classes in this Unit shall increase by 2.0%.

4. Effective December 9, 1999, the hourly rates for steps in salary

ranges for all classes in this Unit shall increase by 2.0%.

C. 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 comple-

tion 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 sat-

isfactory or better service at the first step as evidenced by a

meets job standards, 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 satis-

factory or better service at the second step as evidenced by a

meets job standards, exceeds job standards or outstanding overall

employee performance rating and upon recommendation of the ap-

pointing authority.

4. The fourth step may be paid at any time after 2080 hours of sat-

isfactory or better service at the third step, as evidenced by a

meets job standards, exceeds job standards or outstanding overall

employee performance rating and upon recommendation of the ap-

pointing authority.

5. The fifth step may be paid at any time after 2080 hours of satis-

factory or better service at the fourth step, as evidenced by a

meets job standards, exceeds job standards or outstanding overall

employee performance rating and upon recommendation of the ap-

pointing authority.

6. The sixth step may be paid at any time after 2080 hours of satis-

factory or better service at the fifth step as evidenced by a

meets job standards, exceeds job standards, or outstanding over-

all employee performance rating and upon the 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, exceeds job standards or outstanding over-

all employee performance rating and upon the recommendation of

the appointing authority.

D. 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 appoint-

ment.

E. 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 as for the cur-

rent 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 advance-

ment 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.

F. 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 appoint-

ment 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 "work 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% 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.

G. 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 Reclassifica-

tion.

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: demotion, appointment to a for-

mer class, displacement to a lower class, return from provi-

sional promotion, and return from work in a higher class.

b. To class of previous service. If the employee had previous-

ly served in the lower class to which appointed, such em-

ployee 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 per-

manent 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 reclassifica-

tion. The provision of overfill status is a protection de-

vice which is intended to reduce the impact of downward

reclassification upon compensation and class seniority.

While in and 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 applica-

tion of the overfill or 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 departments.

An employee who is overfilling shall be demoted to the new

class upon:

1. Refusal of one offer of employment in the former class

in the same department; or

2. Refusal of three offers of employment in the former

class in other departments; or

3. 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 employees 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

than the maximum established for the lower class,

the employee's salary rate shall be adjusted to the

maximum for the lower class.

H. Performance Evaluation for Step Advancement. Failure of an employee's

supervisor to present the employee with a performance evaluation with-

in 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 authori-

ty.

ARTICLE 13 RETIREMENT

A. Employee P.E.R.S. Retirement Contributions

1. Prior to August 8, 1998. The County shall continue to pay the

employees' P.E.R.S retirement contribution of nine (9.0%) percent

for employees in this representation unit through August 7, 1998.

The employer payment of the employee PERS contribution under this

agreement is not considered earnings and is not subject to FICA

or tax withholdings. Employees do not have the option to choose

to receive the employer payment of PERS contributions directly

instead of it being paid by the employer.

2. On and After August 8, 1998. Effective August 8, 1998, employees

in this unit will pay the PERS employee contribution, and the

County will no longer pay the employee's PERS contribution. In

consideration for this change, the parties have agreed to a cost

neutral one-time salary adjustment August 8, 1998, in lieu of the

County paying the PERS employee contribution. (See Article 12 B

2.)

B. The County agrees to provide the 2% at age 50 P.E.R.S.

retirement plan for all safety members of this representation

unit.

C. The P.E.R.S. 1959 survivors benefit has be increased to the third level

as provided in Government Code Section 21382.4.

D. Implementation of IRC Section 414(h)(2)

The County agrees to take the necessary steps to implement the employ-

er pick-up provisions of Internal Revenue Code Section 414 (h)(2) for

employees within this unit effective August 8, 1998.

Pursuant to Section 414(h)(2), the County will designate the amount

that the employee is required to pay for PERS retirement benefits

(9.0%) 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 desig-

nating the employee contributions as being "picked-up" by the County

and such PERS contributions shall revert to being made on a post-tax

basis.

ARTICLE 14 INSURANCES

14.1 HEALTH PLAN.

A. Effective June 28, 1997, the maximum biweekly County and employee

contribution for insurance coverage under the Union's Health and Wel-

fare Plan shall be as follows:

County Employee

$120.15 $ 4.49 for employee only

$168.53 $ 29.48 for employee plus one dependent

$199.55 $ 34.90 for employee plus two or more dependents

Employees in this representation unit hereby authorize the County to

make payroll deductions of the employee portion of the premiums for

insurance coverage under the Union's Health & Welfare Plan.

B. Adjustments.

1. Effective July 26, 1997, the County shall pay the first $15.00

per month for any increase in contributions for insurance cover-

age under the Union's Health and Welfare Plan and the employee

will pick-up the balance of any increase.

2. Effective July 25, 1998, the County shall pay the first $15.00

per month for any increase in contributions for insurance cover-

age under the Union's Health and Welfare Plan and the employee

will pick-up the balance of any increase.

3. Effective July 24, 1999, the County shall pay the first $15.00

per month for any increase in contributions for insurance cover-

age under the Union's Health and Welfare Plan and the employee

will pick-up the balance of any increase.

C. All dependents enrolled in the Health Plan must also be enrolled in

the same dental plan as the employee.

D. The Union shall provide the County written notice in advance of premi-

um rate increases and of any proposed changes to the current level of

benefits.

E. Indemnify, Hold Harmless and Defend.

The Union indemnifies and holds the County, its officers, and employ-

ees 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 Union, the Operating Engineers Health and Welfare Trust

Fund, the Health and Welfare Trust Fund administrator, or by the Coun-

ty under the provisions of this Article (14.1), in administering the

provisions of the Operating Engineers Health and Welfare Trust Fund,

including but not limited to, eligibility, coverage, benefits, conver-

sion 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.

14.2 DENTAL PLAN.

The County agrees to continue to pay the premium for eligible employees and

dependents for dental coverage during the term of this agreement.

All dependents enrolled in the dental plan must also be enrolled in the

Health Plan.

14.3 LONG TERM DISABILITY.

Coverage under the prior Long Term Disability Plan for employees in this

representation unit shall cease. Employees may make voluntary payroll

deductions for long term disability coverage through PORAC.

14.4 LIFE INSURANCE.

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 WHO AND WHEN COVERED.

A. Employee. For an employee appointed to a budgeted position, contribu-

tions for coverage begin the first day of the first full pay period of

employment for the Health Plan, Dental Plan, Life Insurance, and

Long-Term Disability Plan. Contributions for coverage cease in the

pay period in which the employee separates for any reason from a budg-

eted position.

B. Dependents (Health Plan, Dental Plan).

1. Contributions for eligible dependents for the Health Plan and

Dental Plan begin the first day of the first full pay period

after the enrollment of eligible dependents. Contributions for

eligible dependents cease in the pay period in which: (1) the

employee separates for any reason from a budgeted position; or

(2) the dependent is no longer eligible.

2. Eligibility for dependents is determined under the applicable

plan document for the Health Plan and for the Dental Plan. In

general, existing dependents (e.g., employee's spouse, employee's

unmarried children, employee's stepchild) must be enrolled at the

same time as the employee---when the employee is appointed to a

budgeted position. New dependents (e.g., the employee's new

spouse, the employee's new baby; the employee's newly adopted

child), must be added to the Health Plan and Dental Plan within

31 calendar days of marriage, birth or adoption. Coverage begins

the first day of the first full pay period after enrollment.

14.6 CONTINUATION OF INSURANCES DURING LEAVE OF ABSENCE WITHOUT PAY

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 day of the

pay period is a holiday, payment must be received by the Employee Insur-

ance/Benefit Section in the County Personnel Department by 5:00 p.m. on the

day preceding the holiday.

A. Employees granted leave of absence without pay of one full pay period

or longer must notify the Employee Insurances/Benefits Division of the

County Personnel Department and make arrangements for payment of in-

surances in advance.

An employee who is on a leave of absence without pay must pay in ad-

vance 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.

B. 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, life, dental,

long-term disability) cease 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 insur-

ances 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 insur-

ances.

Should the period of leave of absence without pay extend beyond

the duration of the approved FMLA leave for which the employee is

entitled, payment for continued employee insurance coverage shall

be as specified elsewhere in this Section (9.6).

2. Continuation of Employee Coverage While Receiving LTD Benefits

(other than FMLA leave). The County's contribution towards em-

ployee's dental coverage, life insurance coverage and LTD cover-

age shall continue during the period a current employee receives

benefits through the LTD plan, while on a leave of absence with-

out pay. An employee may be required to pay for his/ her own

coverage in advance and be reimbursed when confirmation is re-

ceived that he/she is receiving LTD Benefits, provided that the

employee contacts the Employee Insurance/Benefits Division to

apply for LTD and provided, should the employee not receive LTD

benefits, the employee must repay to 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.

C. 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 Coun-

ty. It is the responsibility of each employee to notify the Employee

Insurances/Benefits Division of the County Personnel Department upon

any enrolled dependent(s) becoming ineligible.

14.7 RETIREE HEALTH

A. The County shall pay $190.00 per month to the Operating Engineers

Health & Welfare Trust for employees who retire from County Service

from this representation unit and who choose (one time irrevocable

choice) to participate in the Operating Engineer Health & Welfare

Trust Plan upon separation from County Service, provided all of the

following conditions are met:

1. The employee files an application for monthly retirement benefits

through PERS at the time of separation; and

2. The employee is at least 50 years of age at the time of separa-

tion; and

3. The employee must have completed at least 20,800 continuous hours

of regular service with the County at the time of separation.

(Reappointment following layoff shall not constitute a break in

continuous service.)

Effective August of1997 , the County's payment under this provision

shall be increased from $190.00 to $200.00 per month.

Effective August of 1998, the County's payment under this provision

shall be increased from $200.00 to $210.00 per month.

Effective August of 1999, the County's payment under this provision

shall be increased from $210.00 to $220.00 per month.

B. This provision shall terminate should any of the following conditions

be met:

1. Upon death of the retired employee; or

2. Upon eligibility of the retired employee for Medicare;

3. Upon employment with another employer with whom the retired em-

ployee is eligible for health coverage.

C. Retirees or their survivors shall promptly notify the Operating Engi-

neers Health & Welfare Trust and County of conditions which terminate

eligibility.

D. The Operating Engineers Health & Welfare Trust shall bill the County

monthly, and shall remit any monies collected for ineligible persons.

E. Retired employees and/or their dependents who elect health coverage

under COBRA or its amendments shall not be eligible for coverage in

the Operating Engineers sponsored health plan under the provisions of

this Section (14.7).

ARTICLE 15 OVERTIME

A. Definitions. For purposes of this section, the following terms are

defined:

1. "Holiday" means those days specified by resolution of the Board

of Supervisors to be County Holidays.

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 midnight (12:01 a.m. on Saturday and ending

the first Friday thereafter at midnight (12:00 a.m.).

B. Authorization. Provided that budgetary limits are not exceeded, de-

partment heads may authorize overtime for employees within their de-

partment when the workload in the department dictates the need.

1. Emergencies. In cases of emergency (County Code 2.26.020), budg-

etary limits may be exceeded but department heads shall report

the action to the County Administrative Officer on the first

regular work day following the performance of the overtime

worked.

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 over-

time pay 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 exami-

nation 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 - Law Enforcement Unit Employees.

1. 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 (1-1/2) 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 hours of compensatory

time for each hour worked between 40 and 43 in a one-week work

period in lieu of compensation in cash, except for the following:

Any authorized overtime worked beyond twenty-seven (27) hours

shall be compensated in cash at one and one-half time the employ-

ee'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

16.1 ON-CALL DUTY

A. Defined.

On-call duty is defined as the requirement by the County for an em-

ployee to leave a phone number where the employee can be reached dur-

ing 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 Worked.

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 produc-

tive work. Travel time to the job site shall not be considered

time worked unless productive work (e.g., use of a car or port-

able 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.

16.2 CALL BACK PAY

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 con-

sidered call-back duty. Time spent in these tasks shall be considered

actual hours 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.

16.3 COURT APPEARANCE PAY

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 (1-1/2) 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.

ARTICLE 17 NOTICE ON CHANGES IN WORK SCHEDULE

In so far as practical, a minimum of two (2) calendar weeks advance notice

shall be given to employees in the Law Enforcement Unit for changes in work

assignment which affect:

a. Regular scheduled working hours;

b. Normal location for reporting to duty;

c. Uniformed or non-uniformed status of employees.

Nothing herein shall limit the authority of management in making assign-

ments to different or additional locations, shifts or work duties for the

purpose of meeting emergencies or critical staffing needs.

ARTICLE 18 PAID LEAVE

18.1 HOLIDAYS

A. 5 Day/8 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, known as "President's Day"

4. The last Monday in May, known as "Memorial Day"

5. July 4, "Independence Day"

6. The first Monday in September, known as "Labor Day"

7. The second Monday in October, known as "Columbus Day"

8. November 11, known as "Veterans Day"

9. The Thursday in November appointed as "Thanksgiving Day"

10. The last Friday in November, the day after "Thanksgiving Day"

11. Half day on Dec 24, known as "Christmas Eve"

12. December 25, " Christmas Day"

If January 1, July 4, November 11, or December 25 fall upon a Sunday,

the Monday following is a Santa Cruz County holiday, and if any of

said dates fall upon a Saturday, the preceding Friday is a Santa Cruz

County holiday. Should December 25 fall on a Saturday, the preceding

Friday is a Santa Cruz County holiday and the half-day on December 24

will be treated as a County holiday for a half-day on the preceding

Thursday. Should December 25 fall on a Sunday or Monday, the half-day

on December 24 will be treated as a Santa Cruz County holiday for a

half-day on the preceding Friday.

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 as

week) work schedule shall be granted the same number of hours off

from their work as employees on a normal work schedule are grant-

ed 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 compen-

sation, 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 follow-

ing the holiday.

4. Law Enforcement Representation Unit - 4/10 Schedule. Sheriff's

Department employees in the Law Enforcement Representation Unit

shall receive one day off per month (i.e., 12 days per year) in

lieu of the prescribed holidays, and are excluded from the provi-

sions of Part A of this section (Holidays).

D. Holiday Compensation - Part-Time Employees. Employees working in budg-

eted part-time positions that require between 20 and 39 hours of work

per week shall receive holiday benefits as follows:

1. Holiday compensation shall be provided only for hours which are

proportionate to those budgeted for the part-time employee's

position (e.g., an employee working in a 20-hour-a-week or half-

time position would receive four (4) hours of holiday compensa-

tion for a holiday occurring during the work week).

2. Holidays that occur on a day other than the part-time employee's

regularly scheduled work day shall be compensated either by sala-

ry at straight time or allowing the part-time employee to take

time off in the same pay period for the hours which are propor-

tionate to the part-time position.

3. In order to qualify for holiday compensation, the part-time em-

ployee is required to work or be in a paid status (i.e., vaca-

tion, sick leave, etc.) his/her last scheduled work day prior to

the holiday and his/her first scheduled work day following the

holiday.

18.2 VACATION

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 posi-

tion.

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 determined 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 re-

quired hours of service equivalent to one year.

3. Extra-Help Employees. Extra-help employees shall not earn vaca-

tion 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 ser-

vice as a provisional employee for purposes of earning vacation

credit.

5. Employees Reappointed from Layoff. Employees who are laid off

and then reappointed within 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 deter-

mining eligibility for vacation leave.

B. Vacation Allowance.

1. Newly Appointed Law Enforcement Representation Unit Employees on

the 5 Day/8 Hour Work Schedule.

a. Eligible full-time employees newly appointed shall be cred-

ited with 112 hours of vacation upon completion of 2080

hours of service.

b. Eligible part-time employees newly appointed shall be cred-

ited with vacation on a prorated basis proportionate to the

authorized hours of their positions upon completion of the

required hours of service under subsection A 2 of this sec-

tion.

c. Thereafter each eligible part-time and full-time employee

shall accumulate vacation leave for each subsequent complet-

ed hour of service as follows:

2,080 - 10,400 hours of service (approximately 1 thru 4

years); .0538 hours per hour of service (approximately 112

hours per year of full-time service).

10,401 - 20,800 hours of service (approximately 5 thru 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 thru 14

years); .0923 hours 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).

2. Newly Appointed Employees in the Law Enforcement Unit on the 4

Day/10 Hour Work Schedule.

a. Each eligible full-time employee newly appointed shall be

credited with 86 hours vacation upon completion of 2080

hours of service.

b. Eligible part-time employees newly appointed shall be cred-

ited with vacation on a prorated basis proportionate to the

authorized hours of their positions upon completion of the

required hours of service under subsection A 2 of this sec-

tion.

c. Thereafter, each eligible part-time and full-time employee

shall accumulate vacation leave for each subsequent complet-

ed hour of service as follows:

2080 - 10,400 hours of service (approximately 1 thru 4

years); .0413 hours per hour of service (approximately 86

hours per year of full-time service).

10,401 - 20,800 hours of service (approximately 5 thru 9

years); .0606 hours per hour of service (approximately 126

hours per year of full-time service).

20,801 - 31,200 hours of service (approximately 10 thru 14

years); .0798 hours per hour of service (approximately 166

hours per year of full-time service).

31,201 hours of service and over (approximately 15 years and

over); .0990 hours per hour of service (approximately 206

hours per year of full-time service).

3. Employees Moving from One Vacation Schedule to Another.

Current employees who move from one vacation schedule to another

shall retain their accumulated vacation credits and accrue vaca-

tion leave at the appropriate rate under the new schedule.

Should such employee's accrued vacation credits exceed the maxi-

mum accrual under the new schedule, the excess hours shall be

credited toward sick leave to the maximum allowable.

4. Employees Reappointed from Layoff (within 24 months).

a. The original appointment date and hours of service completed

during prior employment with the County by reappointed em-

ployees shall determine the vacation accrual rate.

b. Employees who were not eligible for vacation payoff at the

time of layoff shall, upon reappointment, be credited with

all unused vacation leave accrued at the date of layoff.

c. Payoff of unused vacation leave at the time of layoff elimi-

nates all earned vacation to employees.

5. Reinstated Employees. Reinstated employees are treated as new

employees for purposes of vacation accrual. Such employees do not

receive credit for any vacation leave earned prior to their res-

ignation.

C. Limitations On Use.

1. At Convenience of Department. Vacation shall be taken at times

designated by the various department heads.

2. Maximum Accrual. No employee shall be allowed to accrue more

than two times the annual vacation accrual rate indicated for

their length of service on the 5 day/8 hour vacation accrual

schedule.

3. Increments. Department heads may allow employees to take vaca-

tion time off in increments as small as .01 hours.

4. No Loss of Credits. No Department head shall cause an employee

to lose earned credits.

5. No Duplication with Worker's Compensation. Accrued vacation may

be prorated 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. To the extent that a department is

unable to schedule vacation time off for an employee in this

unit, the vacation time of such which would otherwise be lost due

to being in excess of the maximum accrual rates shall instead be

compensated in cash.

On and after October 9, 1993, employees shall no longer be eligi-

ble for compensation in cash for vacation in excess of the maxi-

mum accrual rate except when so specified in an emergency de-

clared by the County Administrative Officer.

D. Vacation Payoff Upon Separation. Full-time and part-time employee who

are eligible for vacation under subsection A of this section shall be

paid the monetary value of any earned vacation to their credit at the

time they separate from the County service. Payoff of unused vacation

upon separation eliminates all earned vacation accrued to employees.

18.3 SICK LEAVE

A. Eligibility. Sick leave benefits shall only be provided to those

employees in budgeted positions in classes assigned to the Law En-

forcement Representation Unit. Sick leave 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 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 ser-

vice 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 ser-

vice 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 deter mining eligibility for sick leave.

6. LC 4850 Leave. Employees receiving paid leave pursuant to Cali-

fornia 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 elimi-

nates 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 resigna-

tion.

3. Accrual - Employees in the Law Enforcement 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 prorated 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 subse-

quent completed hour of service (approximately 96 hours per

year of full-time service) up to the maximum accrual.

C. Permissible Uses. Sick leave with pay may be used in case of a bona

fide illness of the employee upon approval of the department head.

An employee may be granted leave not to exceed three working days in

order to care for a sick or injured member of the employee's immediate

family requiring care. The initial day of such leave shall be charged

to vacation. The second and third days of such leave shall be charged

to sick leave if necessary, with the approval of the department head.

"Immediate family" for this purpose means the employee's: spouse;

children; parents; grandparents; and sisters and brothers.

The Personnel Director or a Department Head may require evidence in

the form of a physician's and/or the County medical director's certif-

icate of the adequacy of the reason for any absence.

D. Limitations on Use.

1. Sick leave is not allowed when the disability results from will-

ful self-inflicted illness, injury or misconduct, or in the event

of disability sustained on leave of absence.

2. Accrued sick leave may be prorated to add to Workers' Compensa-

tion temporary disability benefits in order to provide a compen-

sation 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.

The maximum accrual prior to March 14, 1992, was 1440 hours.

For the period March 14, 1992 through June 14, 1996, the maximum sick

leave accrual was 600 hours; accruals in excess of 600 hours were

grandparented as of March 14, 1996.

Effective June 15, 1996, sick leave may only be accrued up to a maxi-

mum balance of 1440 hours.

F. Conversion of Unused Sick Leave Upon Separation.

1. Full-time Employees with 2080-10,400 Hours of Service. Any em-

ployee in a full-time position who separates from County employ-

ment upon a resignation in good standing, or by a lay-off, re-

tirement, or death, and who has completed 2080 - 10,400 hours of

service prior to such separation shall there upon be paid:

a. For employees in budgeted positions, 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 em-

ployment upon a resignation in good standing, or by a lay-off,

retirement, or death, and who has completed 10,401 - 20,800 hours

of service prior to such separation shall there upon be paid:

a. For employees in budgeted positions, 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 em-

ployment upon a resignation in good standing, or by a lay-off,

retirement, or death, and who has completed 20,801 or more hours

of service prior to such separation shall there upon be paid:

a. For employees in budgeted positions, 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 con version of sick leave as set forth above in

sub-paragraphs 1, 2, and 3 of this subsection, provided, however,

that the hours of service required of part-time employees shall

be computed on a prorated 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.

18.4 COURT LEAVE

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 grave yard shift, for the hours of

required court leave, in accordance with A, above, shall not be com-

pensated 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 serve 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.

18.5 OTHER LEAVE

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 in 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 grand-

parents of the County employee, the sisters and brothers of the County

employee, and the children of the County employee. Children are de-

fined 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 California or five (5) days occurring outside

of California.

ARTICLE 19 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 con-

secutive working hours for a full- time employee (prorated 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 train-

ing of the employee for their position or career in the

County Service, of extended illness for which paid leave is

not available, or in the event of urgent personal affairs

that requires the full attention of the employee.

b. Probationary and Provisional Employees on Original Appoint-

ment. 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 ill-

ness or where it is clearly in the best interest of the

County and requires the full attention of the employee.

C. County Leave 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 (prorated 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 her/ his present class guar-

antees the right of her/his return to a position in the same

class in her/his 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 with out 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 the provisions of this Article (21), employees

returning from an approved Family Care or Medical Leave of Ab-

sence 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 Employee

Insurances/Benefits Section 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 expira-

tion of any leave of absence without pay shall be regarded as having

automatically resigned.

ARTICLE 20 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 em-

ployee 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 did contact

the department at the first opportunity.

ARTICLE 21 PREMIUM PAY

21.1 PREMIUM PAY - GENERAL

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 re-

ceiving the premium(s).

B. Effective April 5, 1986, premium pay differentials shall be applied to

overtime hours.

C. Effective April 5, 1986, each of the premium pay differentials shall

be paid at one and one-half times the specified rate for overtime

hours.

D. No premium pay differentials shall be paid for the periods 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.

21.2 NIGHT SHIFT DIFFERENTIAL

Employees who work eight consecutive hours or more which includes at least

four hours of work between the hours of 6:00 p.m. and 8:00 a.m. as a regu-

lar work assignment shall be paid a differential above their regular salary

rate as and for a night shift differential.

This differential shall be 5.0% of the employee's regular base hourly rate.

21.3 CAREER INCENTIVE

A. POST Certificates

1. It is incumbent on the employee to notify the Sheriff's Office

when they believe they may be eligible to receive a POST certifi-

cate. The Sheriff's Office will submit the application as soon

as the necessary supporting documentation is received from the

employee. The employee will be notified in writing when the ap-

plication is submitted to POST.

2. Employees in the unit who are eligible for career incentive shall

receive the appropriate differential one pay period after the

Sheriff's Office submits an application to the State of Califor-

nia Department of Justice for a POST certificate or on the em-

ployee's eligibility date, whichever is later, and the Office

submits to payroll the necessary payroll forms.

If, after receiving the application, POST determines that the

employee is not eligible for the applicable certificate, the

employee will cease to receive the career incentive differential

until such time as the POST certificate is actually received.

3. Differential.

a. A differential of $0.52 an hour above the employee's base

hourly salary rate shall apply for a POST Intermediate cer-

tificate.

b. A differential of $0.96 an hour above the employee's base

hourly salary rate shall apply for a POST Advanced certifi-

cate.

c. The maximum differential for possession of a POST certifi-

cate is shown in part b, immediately above. No employee

will receive career incentive for both an Intermediate and

an Advanced POST certificate.

B. These provisions shall apply only to regular employees in classes for

which possession of a POST Basic certificate is required.

21.4 DETECTIVE DIFFERENTIAL

Employees in Deputy Sheriff positions regularly assigned to the Investiga-

tion Division of the Sheriff's Office shall receive a pay differential

above their base hourly rate. Employees in the class of Deputy Sheriff who

are temporarily assigned to investigation work in the Investigation Bureau

by the Sheriff shall receive a pay differential above their base hourly

salary rate with the prior approval of the County Administrative Office,

following completion of the first full pay period of such assignment.

This differential shall be equal to 5.0% of the top step hourly salary rate

for the class of Deputy Sheriff.

21.5 FIELD TRAINING OFFICER

Employees in the class of Deputy Sheriff assigned by the Sheriff to duty as

a Field Training Officer shall be paid above their regular base hourly rate

salary for and as a Field Training Officer as differential.

This differential shall be 5.0% of the base hourly salary rate.

21.6 BILINGUAL PAY

A. The County shall provide payment of an additional $0.50 per hour

above the hourly salary rate for hours worked where the position is

designated as requiring bilingual language skills at Level I and the

employee is certified as qualified at Level I by the County Personnel

Director.

The County shall provide bilingual payment of an additional $0.70 per

hour above the hourly salary rate for hours worked where the position

is designated as requiring bilingual skills at Level II and the em-

ployee 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 above the hourly salary rate for hours worked where the position

is designated as requiring bilingual skills at Level III and the em-

ployee 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 per-

form at Level II plus additional specialized legal translation and

writing skills beyond Level II, including the preparation of interna-

tional extradition orders and other extensive legal documents for

prosecution and extradition purposes.

B. Bilingual pay shall initiated at the beginning of the pay period after

the criteria outlined herein are met.

C. The County shall periodically review positions covered by these provi-

sions to determine the number, location, and level of bilingual skill

required of positions to be designated as requiring bilingual skills.

The County may require retesting of employees for the purpose of cer-

tifying that employees possess the necessary skill level.

D. Bilingual pay shall be removed when the criteria as outlined herein

cease to be met.

ARTICLE 22 OTHER COMPENSATION PROVISIONS

22.1 UNIFORM ALLOWANCE

A. The County agrees to provide replacements for worn out or damaged

uniforms for Sheriff's Department employees in the Law Enforcement

Representation Unit that have passed their probationary period, pro-

vided that uniforms are not damaged through gross negligence. Items

covered by this program are:

Shirts Shoes

Pants Hat

Jackets Ties

Uniforms replaced under this provision shall be replaced on an equiva-

lent Class basis, i.e., Class A pants may be exchanged for Class A

pants.

These items are not to be used other than while working for the County

or while traveling to and from work.

For any boots/shoes replaced on and after March 14, 1992, the amount

of reimbursement shall not exceed $91.32.

B. Uniform Cleaning Allowance.

Employees in the classes in this representation unit have received

adjustments to their base hourly salary rate as compensation for the

cleaning of required uniforms.

Effective January 30, 1993, employees in the classes listed below

shall receive a $0.02 per hour adjustment to their base hourly salary

rate. (Such employees previously received $0.22 in their base hourly

rates.)

22.2 MEALS IN DETENTION FACILITIES

Employees in this unit who are required to remain at their posts in a de-

tention facility for the entire shift shall be provided with one meal, and

only one meal, per shift.

22.3 EXCEPTIONAL TRAVEL

When employees are required to travel out of the Santa Cruz County area for

such law enforcement activities as court appearances, criminal investiga-

tions and/or prisoner transportation, the reimbursement provisions of Sec-

tion 100, Travel Rules and Regulations and Claiming Procedures, of Title I

of the County Procedures Manual shall apply.

22.4 BODY ARMOR

The County agrees to refurbish, repair, or replace body armor, as appropri-

ate, in accordance with manufacturer specifications. The cost to the County

for such refurbishment, repair, or replacement of an employee's body armor

shall be limited to a maximum of $400 during the life of this agreement.

ARTICLE 23 UNION SECURITY

23.1 RELATIONSHIP AFFIRMATION

The Union recognizes its obligation to cooperate with the County to maxi-

mize service of the highest quality and efficiency to the citizens of Santa

Cruz County, consistent with its obligations to the employees it repre-

sents. County and Union affirm the principal that harmonious labor manage-

ment relations are to be promoted and furthered.

23.2 NOTICE OF RECOGNIZED UNION

The County shall give a written notice to persons being processed for regu-

lar employment in a class represented by the Union. The notice shall con-

tain the name and address of the Union and the fact that the Union 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 Under-

standing.

23.3 AGENCY SHOP

A. Except as provided in Section 23.4 of this Article (Article 23), each

person appointed to a class in the Law Enforcement Representation Unit

on or after January 28, 1984 shall, and as a condition precedent to

employment, be required to execute an authorization for the monthly

payroll deduction of Union dues, or of a service fee not to exceed

Union dues, and shall continue said authorization during the period of

employment. Said authorization shall be made on a form provided by the

Union and approved by the County. The Union shall receive copies of

executed authorization forms from the County Personnel Department.

Payroll deductions shall commence on the third pay period of employ-

ment.

B. Except as provided in Section 23.4 of this Article (Article 23), each

person employed in the Law Enforcement Representation Unit on or be-

fore February 24, 1984 shall be liable for payroll deduction of Union

dues, or of a service fee not to exceed Union dues during the term of

this Memorandum of Understanding. Commencing three pay periods follow-

ing the effective date of this section and continuing for the duration

of this Memorandum of Understanding, the County shall make a monthly

payroll deduction of Union dues or a service fee not to exceed Union

dues or a charitable contribution as provided in Section 23.4(B). This

obligation supersedes the provisions of Section F of the County's

employee relations resolution.

23.4 EXCLUSIONS

A. Employees in positions currently designated as confidential employees

are excluded from the provisions of this Article (Article 23). Posi-

tions, if any, currently designated as confidential are listed on

Attachment A. Employees designated as confidential may be changed by

the County in accordance with provisions of the Memorandum of Under-

standing and of the County's Employee Relations Resolution.

B. Any employee who is a member of a bona fide religion, body or sect

which has historically held conscientious objections to joining or

financially supporting public employee organizations shall not be

required to join or financially support the Union as a condition of

employment, and is excluded from the provisions of Section 23.3 of

this Article. Such employee shall authorize a monthly payroll deduc-

tion in an amount equal to service fees to a non-religious, non-labor,

charitable organization exempt from taxation under Section 501 (c) (3)

of the Internal Revenue Code. Said payroll deduction shall be made to

an organization for which payroll deductions have been arranged

through the County Auditor-Controller.

Each person requesting exemption from the provisions of Sections 23.3

(A) and 23.3 (B) of this Article shall file a claim with the Union on

a form provided by the Union and approved by the County. A claim for a

religious exemption from Section 23.3 (A) must be filed with the Coun-

ty Personnel Department as a condition precedent to employment.

A claim for a religious exemption under Section 23.3 (B) of this arti-

cle must be filed by February 24, 1984 at the County Personnel Depart-

ment on a form provided by the Union, approved by the County, and

available from the County Personnel Department. Claims received after

February 24, 1984 will not be considered.

Should an employee request termination of dues deduction or service

fee equivalent because the employee asserts he/she has become a member

of a bona fide religion, body, or sect which has historically held

conscientious objection to joining or financially supporting employee

organizations, the employee must file a claim of religious exemption

at the County Personnel Department on a form provided by the Union,

approved by the County, and available from the County Personnel De-

partment. Such claims filed with the County shall be promptly forward-

ed to the Union for processing. The Union shall review all claims for

religious exemption and notify the employee and the County of approval

or denial of the claim within 40 calendar days of receipt by the

Union.

Deduction of charitable contributions shall begin following resolution

of the employee claim for religious exemption. If the exemption is

approved, any service fee collected from the employee since date of

filing shall be returned to the Auditor-Controller for distribution in

accordance with the second paragraph of Section 23.4 (B) of this Arti-

cle.

23.5 FINANCIAL REPORT

The Union shall maintain an adequate itemized record of its expenditures

and financial transactions and shall make available annually to the County

and to the employees who are in the unit, within 60 days after the end of

its fiscal year, a detailed written financial report thereof in the form of

a balance sheet and an operating statement, certified as to accuracy by its

president and treasurer or corresponding principal officer, or by a certi-

fied public accountant.

23.6 VOTE TO RESCIND AGENCY SHOP PROVISION

Section 23.3 of this article may be rescinded by a majority vote of all

employees in the unit covered by Section 23.3 provided that:

1. A request for such a vote is supported by a petition submitted to

the County Employee Relations Officer containing the signatures

of at least 40% of the employees in the unit covered by Section

23.3. An employee signature will be counted only if the employee

is in paid status at the time the petition is submitted and the

signature is dated within the ninety (90) day period prior to the

submission of the petition;

2. The vote is by secret ballot of employees in paid status on the

last day of the pay period preceding the election; and

3. Such vote may be taken at any time during the term of this Memo-

randum of Understanding, but in no event shall there be more than

one vote taken during such term.

The election shall be conducted by the State Conciliation Service and the

cost of the election shall be fully paid by the proponents. The proponents

shall post a $500 bond with the County Employee Relations Officer at the

time of filing the petitions requesting a vote to rescind Section 23.3 of

this Article.

23.7 ENFORCEMENT/SEPARABILITY

In the event that any provision of Article 23.3 is declared by a court of

competent jurisdiction to be illegal or unenforceable, all employees in the

representation unit, who are members of the union, shall remain members

during the period covered by this Memorandum of Understanding, and shall

remain subject to all provisions of this Memorandum of Understanding which

have not been declared to be illegal or unenforceable, provided however,

that such members may only withdraw their membership during the month of

October of any year. Such employee desiring to revoke his/her authorization

for union dues, shall forward a letter by U.S. mail to the County Personnel

Department, 701 Ocean St., Santa Cruz, California, 95060, setting forth his

or her desire to revoke said authorization and may include reason thereof.

To be considered, a letter shall be received by the County Personnel De-

partment no later than the last working day in October. The Personnel De-

partment shall promptly forward a copy of said letter to the union.

New employees hired under the provisions of 23.7 shall be required to exe-

cute an authorization form. The authorization form shall include a state-

ment that the Union and the County have entered into a Memorandum of Under-

standing, that the employee is required to authorize payroll deductions of

Union dues or a service fee not to exceed Union dues as a condition of

employment, and that such authorization may be revoked within the first

thirty calendar days of employment upon proper written notice of the em-

ployee within said thirty day period as set forth. Each such employee

shall, upon completion of the authorization form, receive a copy of said

authorization form which shall be deemed proper notice of his or her right

to revoke said authorization.

The Union shall receive from County Personnel Department copies of the

authorization form.

Any employee desiring to revoke his or her authorization for union dues or

service fee not to exceed Union dues shall during the first 30 calendar

days of employment or during the month of October forward a letter through

the U.S. mail to the County Personnel Department, 701 Ocean Street, Santa

Cruz, CA. 95060, setting forth his or her desire to revoke said authoriza-

tion and may include reasons thereof. To be considered the letter must be

received no later than 30 calendar days of employment or during the month

of October. The Personnel Department shall promptly forward a copy of said

letter to the Union.

Failure to timely notify the Personnel Department shall be deemed an aban-

donment of the right to revocation until the next appropriate time period.

23.8 INDEMNIFY AND HOLD HARMLESS

The Union indemnifies and holds the County, it's officers, and employees

acting on behalf of the County, harmless and agrees to defend the County,

it's 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 (Article 23), Sections 1 through 6.

23.9 PAYROLL DEDUCTIONS AND PAYOVER

The County shall deduct union dues or service fees and premiums for ap-

proved Union insurance programs from the pay of employees in the Law En-

forcement Representation Unit in conformity with County regulations. The

County shall promptly pay over to the designated payee all sums so deduct-

ed.

ARTICLE 24 GRIEVANCE PROCEDURE

The County and Union recognize that early settlement of grievances is es-

sential to sound employee management relations. The parties seek to estab-

lish a mutually satisfactory method for the settlement of grievances of

employees, or the Union. 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 Un-

derstanding and the County's Procedures Manual, Section 160, Salary, Com-

pensation and Leave Provisions, which directly applies to employees in the

Law Enforcement Representation Unit, the procedures and provisions herein

are established in order to maintain a reasonable and uniform process for

dealing with disputes.

DEFINITION

A. A grievance may only be filed if it relates to:

1. A management interpretation of application of provisions of this

Memorandum of Understanding which adversely affects an employee's

wages, hours or conditions of employment; or

2. A management interpretation of application of the County Proce-

dures Manual, Section 160, Salary, Compensation and Leave Provi-

sions, which directly applies to employees in the Law Enforcement

Representation Unit and which adversely affects the employee's

wages, hours, or conditions of employment.

B. Specifically excluded from the grievance procedure are:

1. Subjects involving amendment or change of a Board of Supervisors

resolution, ordinance, or minute order;

2. Dismissals, suspension, or reduction in rank or classification;

3. Probationary dismissals upon original appointment;

4. Content of performance evaluations;

5. Leaves of Absence, Article 19; and

6. Violation, misinterpretation, or misapplication of Civil Service

Rules or provisions of the County Code.

7. Affirmative action or harassment complaints.

8. Complaints regarding Workers' Compensation or the applicable

procedures for such complaints.

9. Complaints regarding occupational health and safety or the appli-

cable procedures for such complaints. (Failure by the County to

follow the process specified in Article 6 is grievable.)

PRESENTATION

Employees shall have the right to present their own grievance or do so

through a representative of their own choice. Grievances may also be pre-

sented by a group of employees or by the Union. No grievance settlement may

be made in violation of an existing rule, ordinance, memorandum of under-

standing, minute order or resolution of the Board of Supervisors or State

law. Union grievances shall comply with all foregoing provisions and proce-

dures.

GENERAL PROVISIONS

A. 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.

B. 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.

C. 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.

D. Time limits specified in the processing of grievances may be waived by

mutual agreement in writing.

E. 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.

F. No hearing officer shall entertain, or make finding of fact or recom-

mend on any dispute unless such dispute involves a position in the Law

Enforcement Representation Unit and unless such dispute falls within

the definition of a grievance as set forth in the Article.

PROCEDURE

A. 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 re-

solve the matter before it becomes the basis for a formal grievance.

B. FORMAL GRIEVANCE

1. STEP 1

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 County of Santa Cruz Grievance Form and shall contain the following

information:

a. The name of the grievant(s);

b. The specific nature of the grievance;

c. The date, time and place of occurrence;

d. Specific provision(s) of the Memorandum of Understanding or

Section 160 of the County Procedures Manual alleged to have

been violated;

e. Any steps that were taken to secure informal resolution;

f. The corrective action desired; and

g. The name of any person or representative chosen by the em-

ployee to enter the grievance.

The employee shall be allowed reasonable time to meet with a designat-

ed 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 immedi-

ately concerned and attempt to achieve settlement of the matter.

The department head or designated representative shall provide a writ-

ten decision within twenty (20) days of receipt of the grievance.

2. STEP 2

If the grievant(s) is not satisfied with the first step decision, s/he

may, within fourteen (14) calendar days after receipt of the decision,

present a written appeal of the decision to the Personnel Director or

designated representative. The Personnel Director or designated rep-

resentative shall provide a written decision within fourteen (14)

calendar days of receipt of the appeal.

3. STEP 3

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.

4. 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

its own presentation, including the preparation and post hearing

briefs, if any.

The County and the Union shall mutually agree upon or jointly select a

panel of seven hearing officers from names provided by the State Con-

ciliation Service. The County and the Union 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:

a. 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.

b. Proceedings shall be recorded but not transcribed except at

the request of either party to the hearing. The party re-

questing the transcripts shall bear the expense. Upon mutu-

al agreement, the County and the grievant may submit briefs

to the hearing officer in lieu of a hearing.

c. Except when briefs are submitted as specified in the preced-

ing, 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 amend-

ment to the Memorandum of Understanding, a resolution or

minute order of the Board of Supervisors, ordinance, State

law, or written rule.

d. The hearing officer's findings of fact and recommended dis-

position 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.

e. If any decision by the County Administrative Officer re-

quires 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 25 GRIEVANCE REPRESENTATIVES

The Union 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 phys-

ical work location one Grievance Representative shall be allowed for each

twenty-five employees or fraction thereof. The Union may request additional

Grievance Representatives where circumstances warrant such action. Depart-

ment heads are authorized to grant such requests where circumstances war-

rant.

A Grievance Representative shall be authorized a reasonable amount of time

off to evaluate alleged grievances and advise employee regarding the pro-

cessing of an alleged grievance prior to submitting the grievance for pro-

cessing. Grievance Representatives shall arrange with their immediate su-

pervisor prior to using County time to assist in grievance processing.

ARTICLE 26 LAYOFF PROVISIONS

26.1 LAYOFF DEFINED

The involuntary separation of an employee because of lack of work, lack of

funds, reorganization, in the interest of economy or other reasons deter-

mined by the Board of Supervisors to be in the best interest of County

government.

26.2 PURPOSE OF LAYOFF PROVISION

To provide a prompt and orderly process for reduction in the County work-

force when determined to be necessary by the Board of Supervisors.

26.3 DECISION PROCESS

The Board of Supervisors shall determine the department in which the reduc-

tion is to be made and the number and classes of positions to be eliminat-

ed.

26.4 SCOPE OF APPLICATION

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.

Effective November 1, 1983, the County Personnel Department shall provide

affected employees with two (2) weeks written notice of layoff and/or dis-

placement.

Layoff provisions shall not apply to a temporary layoff declared under the

authority of the Board of Supervisors of less than four (4) cumulative

weeks per fiscal year.

26.5 ORDER OF LAY OFF

Whenever it is necessary to layoff one or more employees in a department,

the Personnel Director will prepare a list of the order of layoff in accor-

dance with the following:

A. Extra-help employees performing work within the affected class(es)

shall be laid off first;

B. Provisional employees in the affected class(es) shall be laid off

next;

C. Probationary employees working in the affected class(es) shall be laid

off next;

D. Permanent employees working in the affected class(es) who have re-

ceived a substandard evaluation on their last two scheduled perfor-

mance evaluations shall be laid off next in reverse order of seniori-

ty, i.e., the employee with the least seniority as defined in 26.7,

below, being the first to be laid off; and

E. Permanent employees with a standard evaluation or better on at least

one of their last two scheduled performance evaluations working in the

affected class(es) shall be laid off last in reverse order of seniori-

ty as defined below in "26.7."

26.6 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 26.7. 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 an 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.

26.7 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 seniori-

ty point for each full 80 hours of authorized service in a class while in

continuous County service.

A. Authorized hours of service are the number of hours formally estab-

lished for a position by the Board of Supervisors or County Adminis-

trative 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. Continuous County service is service uninterrupted by termination and

Provided that those hours of a leave of absence without pay which

exceed 152 consecutive hours shall be deducted from the authorized

hours of service total for purposes of determining seniority credit.

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 author-

ized 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 reduc-

tion is to occur and only for classes designated for layoff or affected by

displacement or involuntary reduction in authorized hours within the de-

partment.

Seniority credit for prior service in higher or equal levels in which per-

manent 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 in the class

without a break in service. If permanent status is not achieved, proba-

tionary 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 July 1, 1977, shall have one-half

of their seniority credits in the lower class applied to the higher class

upon completion of probation in the higher class.

26.8 OPPORTUNITY FOR EMPLOYEE REVIEW

To the extent possible under Civil Service Rules, employees should not lose

their seniority credit under this article because classes have been re-

vised, 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 no later than April 15 of each year. Employees shall be provided

an opportunity to submit information supporting a differing conclusion.

Determination of credit for prior service for revised, established, abol-

ished or retitled classes may be appealed to the Personnel Director. The

findings of the Personnel Director shall be final and not subject to fur-

ther review.

26.9 RETENTION OF REEMPLOYMENT LIST STATUS

Laid off employees having permanent status at the time of lay off, or per-

manent employees who displaced to a lower class on the basis of prior per-

manent status in the lower class, or permanent employees who have had the

authorized hours of their positions involuntarily reduced, shall be certi-

fied 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 bloc in no

particular order.

A. Departmental Reemployment Lists

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 in 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 quali-

fied employees from a Departmental Reemployment List for a vacant

position that is designated as bilingual pursuant to Article 21.6. 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

Rule VI B 2.

B. Countywide 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

bloc in no particular order.

A department may request selective certification of bilingually quali-

fied employees from a County-wide Overfill List for a vacant position

that is designated as bilingual pursuant to Article 21.6. 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 spec-

ified 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 of an interview or one offer of

reemployment in the class from which he/she was laid off or

displaced;

2. 24 months have elapsed from the date of layoff or displace-

ment.

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 re-

moved from the reemployment lists for the class. Such persons name

may be restored to the list upon written request by the person.

26.10 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 them-

selves of this assistance, such employee shall submit complete, up-to-date

employment applications upon request of the Personnel Department. Assis-

tance 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 on-going workload limitations.

E. Counseling with respect to placement in other County jobs, within

staffing and on-going workload limitations. Employees whose names

remain on a reemployment list may compete in promotional examinations

pursuant to Civil Service Rule VIII.

26.11 EMPLOYEES APPOINTED TO LIMITED-TERM POSITIONS

Notwithstanding any other provisions of this Article (Article 26), an em-

ployee appointed to positions designated as limited- term by the Board of

Supervisors shall be laid off at the expiration of that limited-term posi-

tion with out regard to other provisions of the Article.

26.12 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 months 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 Rule X (A) re-

ceived in both classes had an overall rating of satisfactory or bet-

ter.

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 con-

tinuous and uninterrupted, and that the two classes are in the same

class series.

ARTICLE 27 OTHER PROVISIONS

A. Existing and newly appointed employees in the representation unit will

have their paychecks automatically deposited in a participating finan-

cial institution. New employees have two pay periods from the date of

appointment to complete a payroll authorization form for a participat-

ing financial institution. Pay roll authorization forms are available

from the employee's departmental payroll clerk.

B. The County agrees to provide hepatitis inoculations on a voluntary

basis to employees in this representation unit.

ARTICLE 28 RE-OPENERS

A. 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.

B. Should Federal legislation be implemented during the course of this

agreement which affects the Operating Engineer's Health and Welfare

Plan, the parties agree to reopen this agreement to consider the im-

pact on this unit's Health and Welfare Plan.

ARTICLE 29 UNPAID DAYS OFF

The County agrees that there will be no temporary layoffs for this repre-

sentation unit through August 12, 1998, and that 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.

ARTICLE 30 SEVERABILITY

In the event that any provision of this Memorandum of Understanding be

declared by a court of competent jurisdiction to be illegal or unenforce-

able, 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.

FAMILY CARE AND MEDICAL LEAVE ACTS OF 1993

Under new Federal and State law - the Federal Family & Medical Leave Act and

State Family Care & Medical Leave Act (FMLA) - which are effective 2/5/94, em-

ployees in the Law Enforcement Representation Unit have new rights concerning

certain leaves of absence for up to 12 weeks per calendar year. Employees are

eligible under FMLA if they have worked for the County for a least one year and

have a total of 1000 hour of a combination of both time worked and paid leave

within the 25 pay period preceding the requested leave, provided, however, that

the County will waive the 1000 hour requirement for those pay period which com-

prise calendar (tax) year 1994.

REASONS FOR TAKING LEAVE:

Notwithstanding the provisions of Article 21, FMLA leave must be granted to

eligible employees for any of the following reasons:

o for care for the employee's child after birth, or placement for adoption or

foster care;

o to care for the employee's spouse, son or daughter or parent, or domestic

partner who has an affidavit on file with the County Health Plan, who has a

serious health condition;

o for a serious health condition that makes the employee unable to perform

the employee's job.

For employees in the Law Enforcement Representation Unit, all accrued compensa-

tory time must be used prior to any leave of absence without pay. Any sick leave

must be used prior to any leave of absence without pay for any employee's ill-

ness, injury or incapacity to work. Employees may elect to use accrued vacation

in lieu of leave of absence without pay for the period of FMLA leave.

ADVANCE NOTICE AND MEDICAL CERTIFICATION:

The employee must provide advance leave notice and medical certification. The

leave may be denied if requirements are not met.

o The employee must ordinarily provide 30 days advance notice when the leave

is foreseeable.

o Medical certification is required to support a request for leave because of

a serious medical condition, and may require second or third opinions at

the County's expense. A fitness for duty certification to return to work is

required for leaves of four weeks or more, and may be required for leaves

of less than four weeks.

Documentation will also be required for other FMLA leave (i.e., for care of

employee's child after birth, or placement for adoption or foster care).

JOB BENEFITS AND PROTECTION:

o For the duration of the FMLA leave the County must maintain the employee's

insurance coverage under group health plans and make the same contributions

as if the employee was continuously employed (i.e., in paid status) for the

duration of the leave, notwithstanding the provisions of Article 14.6 of

the Memorandum of Understanding. (For other---non-FMLA---leaves of absence

without pay, the provisions of Article 14.6 with respect to employee and

County contributions during a leave of absence without pay will apply.)

o Upon timely return from FMLA leave, employees must be restored to their

original or equivalent positions with equivalent pay, benefits and other

employment terms.

o The use of FMLA leave cannot result in the loss of any employment benefit

that accrued prior to the start the the FMLA leave.

The provisions of FMLA do not limit the employee's right to request, and the

County's right to approve or deny, other (non-FMLA) paid or unpaid leave.

Law Enforcement FMLA Notice