SECTION 160
ADMINISTRATION OF PROVISIONS

The provisions of this part apply to all positions in the classified service. For purposes of equitable treatment and consistency of administration, unless otherwise indicated, the provisions of this part apply to all positions excluded from Civil Service status pursuant to Ordinance Code Section 3.12.040 and to those employees so designated by resolution of the Board of Supervisors. (Res. 5-92, 1/7/92; Res. 574-93, 11/6/93)

Any exception to these provisions must be authorized by the Board of Supervisors prior to the action, or in the case of a bona fide emergency, at the next scheduled Board of Supervisors meeting following the action. Actions are submitted through the agenda process by the Personnel Director in open session or through County Counsel in executive session under the provision of the Brown Act (Res. 113-95 04/04/95). California Constitution Article XI incorporates the concept derived from principles of public accountability that government employees should not be paid for time not worked for services not performed or authorized due to the need to be accountable to the taxpayers for the expenditure of public funds. (Contravention of this provision is referred to as a "gift of public funds.") Therefore, the County, as a subdivision of the State, must abide by the provisions of this Article in its compensation policies and practices. (Res. 230-93, 5/15/93)

SECTION 161
SALARIES

A. Salaries Specified by Resolution. Except as otherwise fixed by ordinance or statute, all compensation of County officers, deputies, assistants and employees shall be paid on an hourly basis at the rates and in the ranges and steps from time to time fixed by resolution of the Board of Supervisors. (Ord. 1430, 5/27/69)

B. General Adjustments in Salary Range. (Range Change for Class.) General adjustment in salary range occurring by virtue of general increases or decreases in cost of living or in salary levels shall be made by adjusting classes affected upward or downward to the appropriate salary range. When the salary range for a given class is revised upward or downward, the employees holding positions in that class shall have their existing salary adjusted to the same relative step in the new salary range, and such adjustment shall not alter the eligibility of the employee for consideration for a step increase under this plan, unless otherwise provided herein. (Ord. 489, 5/15/56)

C. Salary upon Original Appointment to a Budgeted Position.

1. When an appointment is made to a budgeted position, the starting pay will normally be the first step of the salary range for the position's classification.

2. New employees may be appointed to the second or third step upon approval of the

Department Head, and to the fourth or fifth step upon the recommendation of the

Department Head and with the approval of the Personnel Director. If a qualified candidate cannot be appointed below the sixth step, a Department Head may request sixth step or higher appointment subject to the Personnel Director's recommendation and approval by the County Administrative Officer. (Ord. 489, 5/14/56; Ord. 1095, 6/15/65; Ord. 1143, 1/4/66; Ord. 1383, 1/7/69; Res. 346-76; Rev. 2/14/78; Rev. 5/6/86; Res. 223-90, 4/17/90; Res. 617-93, 12/14/93; Rev. 6/18/18, BOS Item #11)

3. Notwithstanding the above, the appointing authority for employees in the class of Psychiatrist may appoint new employees at any step determined to be appropriate, subject to the approval of the Personnel Director. (Res. 376-77, 6/24/77)

D. Salary upon Original Extra-Help Appointment.

1. When an extra-help appointment is made the starting pay will normally be the first step in the salary range applicable to the position's classification.

2. New extra-help employees may be appointed to the second or third step upon approval of the Department Head, and the fourth or fifth step upon the recommendation of the Department Head and with the approval of the Personnel Director. If a qualified candidate cannot be appointed below the sixth step, a Department Head may request sixth step or higher appointment subject to the Personnel Director's recommendation and approval by the County Administrative Officer. (Res. 617-93, 12/14/93; Res. 463-97, 6/12/97; Rev. 6/18/18, BOS Item #11)

3. A Department Head, with the approval of the Personnel Director, may appoint a former employee as extra-help at the step that such former employee was receiving in a former class. (Ord. 489, 5/145/56; Ord. 2092, 2/18/75; Rev. 4/21/89; Res. 223-90, 4/17/90)

a. Provided, however, the appointing authority for employees in the critical licensed classes of Psychiatrist, Detention Registered Nurse, Detention Licensed Vocational Nurse, Clinical Laboratory Technician, Public Health Microbiologist, Radiological Technician and Pharmacist may appoint extra help employees at any steps determined to be appropriate, subject to the approval of the Personnel Director. (Res.

367-77, 6/24/77; amended 4/12/88, 2/6/90)

E. Employees Hired Above Minimum Salary Step. In any case where an employee has been hired at a step above the first step of a particular salary range, the employee shall occupy the step in the range at which hired for a period of 2080 hours of service and thereafter shall be eligible for consideration for a step advancement in the same manner as provided elsewhere in this section. (Ord. 489, 5/15/65; Ord. 1655, 11/23/71)

F. Step Placement upon Establishment of New Minimum Salary Step. When a minimum salary step above the first step in the salary range is established for a class, all employees in the class who are below the minimum salary step being established shall be advanced to the new minimum salary step and shall occupy the new minimum salary step for a period of 2080 hours of service and thereafter shall be eligible for consideration of a step advancement as provided elsewhere in this section. (Ord. 1079, 4/26/65; Res. 617-93, 12/14/93)

G. Requirements for Step Advancements. 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 advancement to the next higher step upon or after completion of each number of hours of service, specified herein below, up to and including the maximum step in the employee's salary range as set forth in the salary resolution of the County. Step advancement requires the recommendation of the appointing authority unless provided otherwise in the Memorandum of Understanding applicable to the employee. (Res. 466-88)

1. Requirements for Step Advancement. The steps of each salary range shall be interpreted and applied as follows, except as noted in subparagraph h below:

a. The first step in each schedule is the minimum rate and shall be the hiring rate for the class, except as provided in subsection C and F, above.

b. The second step may be paid at any time after 2080 hours of satisfactory or better service at the first step as evidenced by a meets job standards, exceeds job standards, or outstanding overall employee performance rating and upon recommendation of the appointing authority.

c. The third step may be paid at any time after 2080 hours of satisfactory or better service at the second step as evidenced by a meets job standards, exceeds job standards or outstanding overall employee performance rating and upon recommendation of the appointing authority.

d. The fourth step may be paid at any time after 2080 hours of satisfactory or better service at the third step as evidenced by a meets job standards, exceeds job standards or outstanding overall employee performance rating and upon recommendation of the appointing authority.

e. The fifth step may be paid at any time after 2080 hours of satisfactory or better service at the fourth step as evidenced by a meets job standards, exceeds job standards or outstanding overall employee performance rating and upon recommendation of the appointing authority.

f. The sixth step may be paid at any time after 2080 hours of satisfactory or better service at the fifth step as evidenced by a meets job standards, exceeds job standards or outstanding overall employee performance rating and upon recommendation of the appointing authority.

g. 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 overall employee performance rating and upon recommendation of the appointing authority.

h. In the event that a change in a statute or other regulation, or some other unusual occurrence shall result in an imbalance between classes or among employees in a class resulting in a hardship to those employees in a particular class, the Board of Supervisors may authorize advances in salary step to remove such hardships without compliance with the time limits as set forth in subparagraphs a, b, c, d, e, f, and g of this subsection.

2. Exception - Implementation of Transition from Twelve Step Salary Range to Seven Step

Salary Range - Effective for the Period January 10, 1998 through December 5, 2000.

a. Transition from Twelve Step Salary Ranges to Seven Step Ranges 1A through 0A. For employees who are transitioned from a twelve step salary range to seven step salary ranges 1A through 0A effective January 10, 1998, if the hourly rate of the employee is equal to the top step of the salary range, the employee shall be placed at the top step of the seven step salary range. Such employees shall receive the percentage salary adjustment for a general salary adjustment at the time such adjustment is effective. If the hourly rate of the employee is below the top step of the seven step salary range, s/he shall have his/her salary rate increased by 5.0% effective January 10, 1998, and shall not receive any general salary adjustment at the time such adjustment is effective. Such employees shall thereafter be eligible to receive a step advancement of

5.0% percent each 2080 hours of service at the current hourly rate, but not to exceed the top step of the salary range, and shall not receive any general adjustment to the salary rate at the time such adjustments are made.

b. Transition from Twelve Step Salary Range to Seven Step Salary Ranges UA through UX. For employees who are transitioned from a twelve step salary range to seven step ranges UA through UX, upon completion of the minimum number of step hours and other criteria for advancement to the next step in the twelve step range, an employee shall be placed at the hourly rate salary step in the seven step salary range which is closest to a 5.0% increase over the current hourly rate held in the twelve step salary range. (Res. 463-97, 12/16/97)

3. Effective Date of Step Advancement. Step advancements which would be effective the first week of the pay period shall have an effective date of the first day of that pay period; step advancements which would be effective the second week of the pay period shall have an effective date of the first day of the next pay period. (Res. 56-84, 2/7/84)

4. Performance Evaluation for Step Advancement. Failure of an employee's supervisor to present the employee with a performance evaluation within 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 recommendation of step advancement effective on the due date by the appointing authority. (Res. 56-84, 2/7/84)

H. 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.

a. 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 increase accrue by class, beginning from the most recent date of appointment, except as otherwise noted in this section (161). (Ord. 489, 5/15/56; Ord. 533, 7/2/57; Ord. 651, 10/10/60; Ord. 1530, 7/14/70; Ord. 1655, 11/23/71, Res. 376-77, 6/24/77; Rev. 4/21/81; Res. 154-83, 4/26/83)

I. Step Placement and Step Advancement Upon Appointment to Equal Class.

1. Definition. An equal class is one in which the hourly rate of the range for the new class is the same as for the current class at the fifth step for a class with a seven-step range. Transfer to a related higher class shall be defined as an equal class for step placement purposes, if the salary range for the related class is not more than five percent (5%) higher than the current class at the fifth step for a class with a seven-step range. (Res. 617-93, 12/14/93; Res. 463-

97, 12/16/97)

2. Step Placement. Upon appointment to an equal class, the employee shall retain the same step, or should the employee be at a higher step than exists in the range for the new class, the employee shall be placed at the maximum step in the range for the new class.

3. Step Advancement. Upon appointment to an equal class, hours of service accrued in the former class for purposes of step advancement shall apply to the new class.

4. Application. This provision shall apply to all appointments to an equal class, including transfer, return from provisional transfer, lateral reclassification, and reappointment to a former class which has a fifth step hourly rate which is the same. This provision shall apply to transfer to a related higher class. (Orig. 4/21/81; Res. 637-81; Res. 28-82; Res. 223-90, 4/17/9)

J. Step Placement and Step Advancement upon Appointment to Higher Class.

1. Definition. A higher class is one in which the hourly rate in the range for the new class is greater than the hourly rate in the range for the current class at the fifth step for a class with a seven-step salary range. (Res. 617-93, 12/14/93; Res. 463-97, 12/16/97)

2. Application. This provision shall apply to all types of appointment to a higher class including promotion (including alternate staffing), appointment to a former higher class and a "Work In a Higher Class" appointment. This provision will not include reappointment from displacement or transfer to a related higher class. (Res. 102-83, 3/22/83; Res. 223-90, 4/17/90)

3. Step Placement.

a. General Unit, Middle Management Unit, Executive Management Employees, Government Attorneys Association. The salary of the employees who are appointed to a higher class in the General Representation Unit, in the Middle Management Representation Unit, Government Attorneys Association, or in a class designated as Executive Management shall be placed at the step within the salary range for the higher class which will provide an increase above their salary step for their old class which is closest to 10%. For Middle Management Unit and Executive Management Employees, the appointing authority may request an advanced step placement, at the time of appointment, to a permanent assignment in the higher class (including promotion through upward reclassification or through alternate staffing) in accordance with Section 161 C, above of these Personnel Regulations. (Amended 8/11/84, 1/6/90; Res. 47-92, 2/29/92; Res. 80-2001, 3/13/01; Res. 87-08, 4/22/08.)

b. Detention Officer Unit, Law Enforcement Unit, Law Enforcement Middle Management Unit. The salary of employees who are appointed to a higher class in these units shall be adjusted to the step for the new class closest to but higher than their step in the salary range for their old class; provided, however, that such increase shall be equivalent to an increase of at least 5 percent within the limits of the new salary range.

(1) Notwithstanding the above (b), an employee being appointed to the higher class of Deputy Sheriff Trainee shall be placed at the step in the new class which is closest to the step of the old class. Notwithstanding other provisions of this part (161 J, Step Placement and Step Advancement upon Appointment to a Higher Class) and of part

161 I (Step Placement and Step Advancement upon Appointment to an Equal Class), an appointment to the class of Deputy Sheriff from the class of Deputy Sheriff Trainee shall be considered an appointment to a higher class, and an employee in the class of

Deputy Sheriff Trainee shall be placed at the next higher step in the class of Deputy Sheriff the first pay period following successful completion of the required POST basic academy (e.g., from step 3 in the class of Deputy Sheriff Trainee to step 4 in the class of Deputy Sheriff). (Res. 581-89, 8/19/89)

c. Exception: Law Enforcement Middle Management Unit and department heads and assistant department heads. When an employee is appointed to a higher class which is in the Law Enforcement Middle Management Unit or to a class designated as a department head or assistant department head, and all employees in the higher class are paying the P.E.R.S. employee contribution, calculation of step placement in the higher class is made as if the appointment to the higher class occurred prior to the salary adjustment for employee payment of the P.E.R.S. employee contribution. The Personnel Director shall maintain a record of the salary range for the higher class as if the County was paying the P.E.R.S. employee contribution, and this range will be used for determination of step advancement. (Res. 13-91, 2/2/91.)

4. Step Advancement. The beginning date for purposes of accrual of hours for step advancement shall be the most recent date of appointment to the higher class. (Ord. 489, 5/5/56; Ord. 1393, 2/24/69; Ord. 1655, 11/23/71; Rev. 4/21/81; Res. 637-81, 8/4/81; Res. 28-82, 1/26/82; Res. 102-83, 3/26/83; Res. 154-83, 4/26/83; Res. 422-84, 7/24/84)

K. Step Placement and Step Advancement upon Appointment to Lower Class or Downward Reclassification.

1. A lower class is one in which the hourly rate of the range for new class is less than the hourly rate of the range for the current class at the fifth step for a class with a seven-step range. (Res. 617-93, 12/14/93; Res. 463-97, 12/16/97)

2. Appointment to a Lower Class Other Than Downward Reclassification.

a. Application. The provisions of paragraphs (b) and (c) below shall apply to all types of appointment to a lower class, a Y-rate, including: demotion, appointment to a former class, displacement to a lower class, return from provisional promotion, and return from work in a higher class.

b. To class of previous service. If the employee had previously served in the lower class to which appointed, such employee shall have all time served in the higher class count as continuous service in the lower class for purposes of step placement and advancement.

c. To class with NO previous service. Upon appointment to a lower class, the employee's salary shall be adjusted to the same step in the new salary range that he/she was receiving in the salary range of the higher class and the employee shall receive credit for hours of service accrued in the step in the higher class for purposes of determining step advancement in the lower class.

3. Downward Reclassification.

a. Overfill Status. When an occupied regular or limited term position is reclassified downward, the probationary or permanent incumbent may retain the salary of their former class by being placed in an overfill status for a period not to exceed five years from the effective date of reclassification. The provision of overfill status is a protection device which is intended to reduce the impact of downward reclassification upon compensation and class seniority. While in an overfill status, the incumbent employee shall be eligible for step advancement, general salary adjustments and accrue seniority which would apply to the former class. All other benefits and rights of employee representation which are associated with the former class shall also apply to the incumbent employee while in the overfill status; provided, however, that if the class of the position being overfilled is not designated as management or is designated as a management trainee, the management employee in overfill status will be treated as a non-salaried employee with respect to: overtime, and any accrued compensatory time shall be paid off upon commencement of such overfill; salaried employee leave; and cash payment for administrative leave will not be authorized in any pay period in which there is overtime. (Rev. 12/7/91.) 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 for the former class. In such event, the reclassified employee's salary shall be adjusted on an equivalent step basis (i.e., 2nd step to 2nd step) within the salary range for the new class and no further application of the overfill 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) in 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) the termination of a five year overfill period, whichever of the foregoing occurs first. Upon such demotion the employee shall be placed at the step of the lower salary range which has the rate which is closest to but not less than their salary in the overfill class. In the event that the employee's salary in the overfill class is above the maximum salary rate for the lower class, the employee shall be Y-rated.

b. Y-Rate. An employee who is placed on Y-rate shall retain their current salary rate in the former class for a period of two years or until any step within the salary range for the new class rises to meet or exceed the frozen salary rate, whichever occurs first. The frozen salary rate shall be designated as a Y-rate. All other benefits and rights of employee representation which are associated with the new class to which reclassified shall apply to the incumbent employee while in the Y-rate status. Where the salary rate for any step within the range for the new class rises to meet or exceed the Y-rate salary, the employee's salary shall be adjusted to that step within the range which is closes 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. (Ord. 509, 12/4/66; Ord 1655, 11/23/71; Ord. 2145, 7/1/75; Rev. 2/14/78; Rev. 3/13/79; Rev. 5/29/79; Res. 637-81, 8/4/81; Res. 28-82)

L. Salary upon Reinstatement.

1. Employees reinstated to a position in the same or equal class pursuant to Section 3.28.080

of the Ordinance Code shall be appointed at the same step in the salary range for the class they were in when their employment was terminated.

2. Employees reinstated to a lower class shall be appointed at the step in the salary range as

provided for in sub-section K 2 above for the purposes of step placement only.

3. The beginning date for purposes of accrual of hours of service for step advancement shall be the date of reinstatement. (Ord. 1079, 4/26/65; Rev. 4/21/81)

a. Exception - General Representation Unit For employees who are reinstated, the beginning date for purposes of accrual of hours of service for step advancement shall be the date of reinstatement; except that if the reinstatement is that of an employee who was laid off from a budgeted limited-term position and not more than twelve months has elapsed since such lay off, the employee shall receive credit for hours of service previously accrued in the step held when his/ her employment ended. (10/14/89)

M. Salary upon Reemployment and Reappointment from Displacement. Employees who are reemployed within 24 months of layoff in the same class from which laid off or displaced shall be placed in the same step of the salary range formerly attained while serving in that class, and shall receive credit for hours of service previously accrued in that step for purposes of determining step advancement, provided, however, that if this would result in a salary decrease for an employee being reappointed following displacement, the employee shall be placed in the step in the salary range for the previous class which would provide increase over the employee's current salary step. Should an employee being reappointed from displacement be placed at a higher step than previously attained in the prior class, hours of service for purposes of step advancement begin to accrue from the date of reappointment. (Ord. 2221, 12/16/65; Res. 102-83, 3/22/83)

N. Work In A Higher Class. An employee in a budgeted position who receives a temporary "Work in a Higher Class" assignment in accordance with Civil Service Rules shall receive the salary authorized for the higher class after 80 hours of service in the higher class, unless otherwise provided in the Memorandum of Understanding applicable to the employee. Step placement and advancement shall be in accordance with sub-section J, above. Step placement and advancement upon return from Work in a Higher Class assignment shall be in accordance with sub-section K 2, above. (Res. 269-70; Rev. 4/21/81; Res. 542-86)

O. Alternate Salary Ranges (Deep Class)

1. Purpose/Definition. Alternate salary ranges provide a means to compensate individuals who perform certain specified higher level technical or supervisory assignments within a class on a rotational basis. Alternate salary ranges may be established upon the recommendation of the Personnel Director and approval of the Board of Supervisors. The Personnel Director shall maintain a listing of approved criteria for each alternate salary range. Salary steps in an alternate range shall be set a specific percentage amount each step in the standard (base) salary range for the class. Alternate salary ranges shall apply only to the classifications and number of positions as designated by the Personnel Director and approved by the Board of Supervisors.

2. Class Title and Employment Status. Placement of an employee on an alternate salary range shall not affect the employee's class title or employment status.

3. Step Placement and Step Advancement - Alternate Salary Range. The same salary step and hours of service for purposes of step advancement shall apply in the alternate salary range as apply in the standard salary range for the employee's class. Placement on an alternate salary range for a class shall not effect an employee's step placement or hours of service for purposes of step advancement in the class.

4. Effective Dates. An eligible employee shall be placed at the appropriate alternate salary range on the first day of the first full pay period of assignment, with the prior approval of the

Personnel Director. Placement on an alternate salary range shall cease at the end of the last pay period of assignment, unless the employee separates prior to the end of the pay period.

5. Step Placement and Step Advancement - Appointment to another Class. An alternate salary range shall not be considered in determining step placement and step advancement upon appointment to an equal, higher or lower class. An employee shall be considered to be at the standard (base) salary range for purposes of determination of step placement and step advancement upon appointment to an equal, higher or lower class.

6. Salary upon Reinstatement, Reemployment or Reappointment from Displacement. An employee shall be considered to have been at the standard (base) salary range for a class or purposes of Sections 161 L (Salary upon Reinstatement), and 161 M (Salary upon Reemployment and Reappointment from Displacement) of these regulations. (Res. 8-93, 1/16/93.)

SECTION 162
HOURS OF WORK, OVERTIME

162.1 HOURS OF WORK/SCHEDULED HOURS A. Hours of Work

1. Basic Work Week. The basic work week for all County offices and departments shall consist of 40 hours, eight hours a day, five days a week. (Ord. 489, 5/15/56; Ord. 633, 5/28/60; Ord.

983A; 7/13/64)

2. Exclusion. County department heads, assistant department heads and other employees designated as management by the Board of Supervisors, and employees in the classes of Attorney I-DA through Attorney IV-DA, are hereby excluded from the basic work week of the

County. (Res. 269-74; Res. 466-88)

B. Scheduled Hours. 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 or 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 position). However, "normal" work hours shall not be construed to mean a guarantee of hours of work. Scheduled hours of work for an employee may be less than those authorized for the position occupied by that employee because of decreased workload, weather, closure of facilities, and other short-term conditions. The scheduled hours of work of an employee may be reduced on a continuing basis: (1) by mutual agreement between the employee and department, with the approval of the County Administrative Office; or (2) by Board of Supervisors action in accordance with layoff provisions. 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. (Res. 56-84, 2/7/84)

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 employee's base hourly rate up to the maximum Non-overtime hours in the work period applicable to the employee. (For work periods, see Section 162.2.) Such "straight time overtime" hours shall not be a factor or credit for purposes of step advancement or seniority accrual. Such straight time overtime hours shall be a factor for PERS contributions up to 40 hours per work week. 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 2, immediately below, for employees on the 7 day-12 hour work schedule in Detention

Facilities. (Res. 466-88)

a. Employees in Law Enforcement Unit. When the combination of hours worked and of paid leave of an employee exceed 80 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 80 shall be compensated at time and one-half in accordance with Section 162.2. Such employees, except those assigned to a 7 day/12 hour schedule in Detention Facilities, 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 Section 162.2.

2. Additional - Law Enforcement and Detention Officer Representation Units - 7/12 Schedule in Detention Facilities. Regular, active employees in these units working in Detention Facilities and assigned to a 7 day/12 hour work schedule may, under authorization and eligibility requirements set forth for each leave type, use up to 84 hours (if full-time; 42 hours if half- time) of paid leave in a pay period. Such paid leave is limited to vacation, sick leave, bereavement leave and court leave. This is not a guarantee of 84 hours of pay per period. This provision only applies when the assigned hours of work are less than 84 (if full-time; 42, if half-time) in a pay period and paid leave in the form of vacation, sick leave, bereavement leave and/or court leave has been authorized for which the employee is eligible. No overtime of hours or paid leave beyond 80 in a pay period, including any "straight time overtime", shall be a factor or credit for purposes of step advancement, contributions to PERS, paid leave accruals, or seniority accrual.

162.2 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. "Work Period"

a. "One Week Work Period" means seven consecutive days, commencing Friday at

midnight (12:01 a.m. Saturday) and ending the next Friday at midnight (12:00 a.m.), unless a different seven consecutive day (168 consecutive hour) period has been approved by the County Administrative Officer.

b. "Two Week Work Period" means two consecutive weeks which constitute a pay period, commencing Friday at midnight (12:01 a.m. Saturday) and ending the second Friday thereafter at midnight (12:00 a.m.).

3. "Overtime".

a. General Representation Unit. "Overtime" means authorized time worked in excess of

40 hours in a one-week work period except for the following:

(1) For dispatching personnel on the four day/10 hour work schedule in the Communications Division, "overtime" means authorized time worked in excess of the regular 10 hour work day or in excess of 40 hours in a week. This exception shall only apply for the period of time specified in advance by the County Administrative Officer. (Res. 678-86, 12/6/86)

b. Law Enforcement Representation Unit. "Overtime" means authorized time worked in excess:

(1) of 80 hours in a two week work period (pay period) for employees on a 7 day/12 hour work schedule.

(2) 40 hours in a one-week work period for employees not on a 7 day/12 hour work schedule. (Rev. 3/2/90)

c. Extra-help Employees. "Overtime" means authorized time worked in excess of 40 hours in a one-week work period for eligible employees. Extra-help employees in the classes of County Supervisor's Administrative Assistant and Supervisor's Staff Assistant are excluded from overtime and are on a two-week period. (Res. 19-93,

1/16/93.)

d. Management Employees.

(1) Trainee Management Employees. "Overtime" means authorized time worked in excess of 40 hours in a one-week work period.

(2) Management Employees other than management trainees. Effective November 9, 2013, management employees in budgeted positions (other than management trainees) shall not be eligible for overtime compensation except as provided in D of this Section (162.2).(Res. 482-93, 7/31/93; Res. 236-2013, 11/5/13)

e. Correctional Officer Representation Unit. "Overtime" means authorized time worked in excess of 80 hours per two-week work period.

f. Attorney I through IV-County Counsel, Chief Assistant County Counsel, District Attorney/Child Support Attorneys and Chief Deputy District Attorney. Employees in these classifications are not eligible for overtime compensation except as provided in D of this Section (162.2). (Res. 482-93, 7/31/93)

B. Authorization. Provided the budgetary limits are not exceeded, department heads may authorize overtime for employees within their department when the workload in the department dictates the need.

1. Emergencies. In cases of emergency (County Code 2.26.02), budgetary 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. (Res. 486-90)

2. Advance Approval Required. Employees cannot work overtime without the advance approval of department heads or their designated agents.

3. Time Off at Convenience of Department. Time off in lieu of overtime pay during the employee's

work period shall be granted at the convenience of the department.

4. Eligibility. All employees are eligible for overtime pay except as otherwise provided in

Section 162.2 A 3 (d) and (f), and not including the following: elected officials, County department heads, and employees in the classes of County Supervisor's Administrative Assistant and Supervisor's Staff Assistant. (Res.19-93, 1/26/93)

5. Exclusion from Eligibility. Employees may be excluded from over-time. Such exclusions shall be made according to position or class by the Board of Supervisors. In cases of emergency declared by the Board, the Board may authorize compensation for overtime to otherwise excluded employees.

C. Computation.

1. Hours Not Included. Unless specifically provided otherwise in this part (C), paid leave and 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; annual leave; court leave; compensatory time off; paid leave for participating in County examinations or selection interviews; paid leave for purposes of donating blood; administrative leave; mandatory leave with pay; and salaried employee leave.

2. Holidays.

a. These provisions do not apply to extra-help employees, who do not receive holiday leave, or to employees in the Correctional Officer and Law Enforcement

Representation Units who are assigned to a 7 day-12 hour schedule.

b. Holidays which occur on a day other than the employee's regularly scheduled work day shall not be counted as time worked for purposes of computing overtime.

c. Holidays which occur on employee's regular work day. When a holiday falls on an employee's 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 purposes of overtime computation. (Amended 1/6/90; 3/3/90, Res. 88-90)

3. Exception - General Representation Unit. Notwithstanding the other provisions on this part (C), all time in a paid status except compensatory time off will apply towards overtime for the following classes only:

Public Works Maintenance Worker I — IV Public Works Supervisor

Sanitation Maintenance Worker I — III Pump Maintenance Mechanic

Disposal Site Maintenance Worker

Heavy Equipment Operator Disposal Sites

Transfer Truck Driver

Heavy Equipment Mechanic I/II

Supervising Heavy Equipment Mechanic Public Works Dispatcher

Heavy Equipment Service Worker

Solid Waste Inspector I/II Environmental Program Coordinator Treatment Plant Operator in Training Treatment Plant Operations Supervisor Senior Treatment Plant Operator

Lead Heavy Equipment Operator

Cashier Disposal Site

Electrical Instrumentation Supervisor Electrical Instrumentation Technician I/II Treatment Plant Operator

(Res. 260-82, 6/15/82; Res. 450-92, 10/10/92; Res. 100-2006, 3/28/06)

D. Compensation.

1. Compensation for Overtime - General Unit Employees. Employees in this unit shall receive payment for all overtime hours worked in the amount of one and one-half times the employee's hourly salary rate, except as provided immediately below.

a. Upon the approval of the department head or his/her designee, employees may receive compensatory time for overtime worked in lieu of overtime pay. Compensatory time shall be compensated at the rate of one and one-half hours of compensatory time for each hour of overtime worked in lieu of compensation in cash. However, overtime shall be compensated in cash whenever and to the extent that overtime would result in a compensatory time balance to the credit of an employee in excess of 80 hours. (80 hours of compensatory time represents 53.3 hours of overtime work.)(Rev. 10/26/91)

(1) Compensatory Time Off. If an employee makes a request to take off accrued compensatory time and gives reasonable advance notice (i.e., at least two weeks in advance) and said time off request does not unduly disrupt the operation of the department, the appointing authority shall grant the request.

b. Departments cannot require employees to take compensatory time off for the purpose of avoiding overtime pay.

2. Compensation for Overtime - Extra-help Employees. Eligible extra-help employees shall receive payment for all overtime hours worked in the amount of one and one-half the employee's hourly salary rate. Extra-help employees shall not accrue compensatory time off in lieu of overtime pay.

3. Compensation for Overtime - Law Enforcement Unit.

a. Regular employees in this unit who are assigned to a 7 day-12 hour work schedule in Detention Facilities shall be on a "two 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 shall not be eligible for compensatory time.

b. Regular employees in this unit, except those assigned to a 7 day-12 hour schedule in

Detention Facilities shall receive payments for all overtime hours worked in the amount of one and one-half (1-1/2) times the employee's hourly salary rate. Employees may also, at the option of the department head, be granted compensatory time at the rate of one and one-half (1-1/2) hours of compensatory time for each hour worked between 40 and 43 in a two-week work period in lieu of compensation in cash, except for the following:

(1) Any authorized overtime worked beyond twenty-seven (27) hours shall be compensated in cash at one and one-half (1-1/2) times the employee's regular hourly rate. (Twenty-seven hours of overtime work will result in a compensatory time balance of 40.5 hours.) Accrued compensatory time shall be taken off at times designated by the various appointing authorities.

4. Compensation for Overtime - Management Employees.

a. Trainee Management Employees. Trainee management employees shall receive payment for all authorized overtime hours worked in the amount of one and one-half times their hourly salary rate.

b. Management employees other than management trainees.

(1) In the event of a strike by non-management employees or an emergency, the County Administrative Officer may authorize payment at time and one half for each overtime hour worked in the form of cash or compensatory time off. Accrued compensatory time shall be taken off at times designated by the various appointing authorities. Any balance of compensatory time to the employees credit upon separation of service shall be compensated at the employees hourly salary rate. (Res. 482-83, 7/31/93; Res 236-2013, 11/5/13)

5. Compensation for Overtime - Detention Officer Unit. Employees in this unit shall receive payment in cash for all overtime hours worked in the amount of one and one-half (1-1/2) the employee's hourly salary rate.

6. Compensation for Overtime - Government Attorney Association. In the event of a strike by other non-management employee or an emergency, the County Administrative Officer may authorize cash overtime for compensable overtime hours. (Res.

482-93, 7/31/93)

7. Payoff of Compensatory Time upon Moving from General Representation Unit or to the General Representation Unit. An employee who is appointed from another representation unit to a position in the General Representation Unit shall have any accrued compensatory time paid off at the time of appointment, and an employee moving from the General Representation Unit to another unit shall have any accrued compensatory time paid off at the time of appointment.

8. Payoff of Compensatory Time upon Appointment to Law Enforcement Middle Management Unit. An employee who is appointed to a position in the Law Enforcement Middle Management Representation Unit shall have any accrued compensatory time to his/her credit paid off at the time of appointment to this unit at the hourly rate salary for the previous class. (Effective 8/14/93; Res. 617-93)

9. 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 the period and shall not be shown on the timecard when any resultant compensatory time is taken off. (Ord. 1557, 12/5/70; Ord. 1646, 10/19/71; Ord. 2145, 7/1/75; Ord. 2353, 11/2/76; Res. 406-79, 7/17/79; Rev. 4/21/82; Res. 479-81, 6/16/81; Res. 637-81, 8/4/81; Res. 260- 82, 6/15/82; Res. 654a-85, 11/19/85; Res. 542-86; Res. 552-87, 8/11/87; Res. 466-88, 7/19/88; Res. 88-90, 3/3/90; Res. 489-90, 8/7/90; Res. 452-92, 10/10/92; Res. 19-93, 1/16/93; Res. 482-93, 7/31/93; Res. 617-93)

SECTION 163
PREMIUM PAY/PAY NOT FOR TIME WORKED

A. General. Differentials included in Section 164 shall not apply to premium pay for time not worked (e.g., on-call pay, emergency response standby pay, call back not worked, court appearance not worked).

B. Special Holiday Premium Pay - General Representation Unit.

1. Employees, other than Dispatching Personnel in the Communications Division of the Emergency Services Department who are assigned to the 4/10 schedule, who are in budgeted positions and who are required to work on Thanksgiving Day and/ or December

25, shall receive, in addition to holiday pay, one and one-half of their hourly salary rate for all hours worked on these days.

2. Employees in budgeted positions in the Public Works Department who are regularly assigned to the disposal sites, and in the Parks, Open Spaces, and Cultural Services Department, who are required to work on the last Monday in May, July 4 and/or the first Monday in September shall receive, in addition to holiday pay, one and one-half their hourly salary rate for all hours worked on these days. (Rev. 10/14/89)

3. Employees to which these special holiday compensation provisions apply shall not receive another day off in lieu of holiday pay.

4. An employee who is called back to work on the holidays specified in (1) and (2) above shall be compensated in accordance with the provision of this part (163 B), notwithstanding the provisions of Part 163 D (Call Back Premium Pay).

C. Dispatching Personnel in General Representation Unit on 4/10 Schedule-Pay on Certain Holidays. Employees in the General Representation Unit on the 4/10 schedule in the Emergency Services Department, Dispatching Division, are excluded from the provision of Section 163 B (Special Holiday Premium Pay). Employees in the General Representation Unit on the 4/10 schedule in the Emergency Services Department, Dispatching Division, who are required to work on Thanksgiving Day and/or December 25 shall receive one and one-half times their hourly salary rate for all hours worked on these days. This special rate of pay shall not apply to any hours of paid leave but shall apply towards overtime computation.

D. On-Call Duty.

1. Defined. On-call duty is defined as the requirement by the County for an employee to leave a phone number where the employee may be reached during off-duty hours, or carry a pager during off-duty hours, and the employee must be available to report to work within a one- hour period. To be assigned on-call duty, an employee must be on a written on-call departmental schedule that has been approved by the County Administrative Officer.

2. 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.

3. Time Worked.

a. Time spent in answering phone calls or responding to calls by phone is considered time worked which counts towards overtime.

b. An employee who is called back to duty shall be considered on call until he/she reaches the job site. Travel time to the job site shall not be considered time worked.

(1) Exception - Law Enforcement Unit. An employee who is called back to work shall be considered on-call until he/ she reaches the job site unless engaged in productive work. Travel time to the job site shall not be considered time worked unless productive work (e.g., use of a car or portable radio to determine status of case, assign staff, call out equipment) is done.

c. (1) Employees not eligible for overtime compensation. Employees not eligible for overtime compensation shall receive on-call pay for all hours when assigned on-call duty.

(2) Employees eligible for overtime compensation. Time worked shall be deducted from the prescribed on-call shift to determine the appropriate on-call pay, for employees eligible for overtime compensation.

4. Compensation.

a. Law Enforcement Representation Unit. Eligible employees in the Law Enforcement

Representation Unit assigned on-call duty shall be compensated at a rate of $2.25 per hour for a period when assigned to be on-call. (Res. 298-92, 6/20/92)

b. Law Enforcement Middle Management, Government Attorneys Association and County Counsel Attorneys. Eligible Employees in the Law Enforcement

Middle Management Unit, Government Attorneys Association and

County Counsel Attorneys, who are assigned on-call duty shall be compensated at a rate of $2.00 per hour for a period when assigned to be on- call.

c. Effective July 31, 1993, Executive Management employees shall not be eligible for compensation for on-call duty. (Res. 482-93)

5. Deduction for Call-Back Duty. No employee shall be compensated for on-call duty and call- back duty simultaneously. Hours worked while on-call shall be deducted from the prescribed on-call shift to determine the appropriate on-call pay. (Res. 279-75)

6. Employees subject to the provisions of F (Emergency Response- Social Work Staff) shall be excluded from the provisions of this Part (163 D).

E. Call Back Premium Pay.

1. Defined. Employees who are ordered to return to their work site or another specified work site by the department head or a designated agent, following the termination of their normal work shift shall be considered to be on call-back duty. Responses to phone calls or performing work at home shall not be considered call-back duty. Travel time to and from the work site shall not be considered time worked.

2. Exclusions. Extra-help employees, elected officials and department heads are not eligible for call-back pay.

3. Compensation.

a. General Representation Unit.

(1) Employees who are called back shall be compensated for the actual time worked at one and one-half (1-1/2) times their regular hourly rate provided that a minimum of two (2) hours of time and one-half compensation shall be allowed for all periods of work less than two (2) hours.

(2) Social work staff who receive pay for "emergency response" duty are excluded from these call-back provisions.

b. Management Employees.

(1) Standard. Employees, except those specified in (2) immediately below, who are called back shall be compensated for actual time worked, provided that a minimum of two hours of time and one-half compensation shall be allowed for all periods less than two hours.* (Time spent on phone calls shall be considered time worked, but the two hour minimum shall not apply.) *Such minimum compensation may be compensated in cash or compensatory time in accordance with Section 162.2.

(2) Exception - Trainee. Management trainees who are called back shall be compensated for actual time worked at their regular hourly rate. Such time worked shall count with other actual time worked towards overtime compensation.

c. Law Enforcement and Detention Officer Representation Units.

Employees who are called back shall be compensated for the actual time worked with a minimum of two (2) hours of time and one-half compensation being allowed for all periods less than two (2) hours. Hours worked beyond the two hour minimum shall be counted with other hours worked towards overtime.

d. Government Attorney Association. Employees in this unit are not eligible for call back pay.

4. Employees will distinguish on their time cards between hours actually worked during call back and time not worked during the minimum. (Res. 654a-85, 11/30/85)

F. Emergency Response - Social Work Staff.

1. Pursuant to Welfare and Institutions Code Section 16501 et seq., an incumbent in a position in the social worker and social work supervisor class series in the Human Resources Agency may be scheduled by the department head or a designated agent to be available and respond immediately to emergencies after normal hours of operation and be compensated as follows:

a. Standby Time. When scheduled to respond immediately to emergencies after normal hours of operation, the employee shall be compensated at the rate specified below per hour of assigned duty and such time when the employee is available to respond shall be considered time worked for purposes of overtime computation. The rate per hour for such standby time shall be: $5.00 per hour as of March of 1997; $5.15 an hour as of September of 1997; and $5.75 an hour as of March of 1998. (Res. 143-90, 3/31/90;

Res. 122-91, 3/30/91; Res. 385-96, 10/22/96; Res. 94-97, 3/97)

b. Response Time. When responding to an emergency in accordance with these provisions, either by phone or in person, the employee shall be paid for actual time worked at his/her regular hourly rate of pay.

c. Time worked under a. and b., immediately above, shall count towards overtime computation.

2. Employees subject to this provision (163 F) shall be excluded from the provisions of 163 D,

On-call Duty, and 163 F, Call Back. (Res. 601-84, 11/6/84; Res. 654a-85, 11/30/85)

G. Court Appearance Premium Pay.

1. Law Enforcement and Detention Officer Representation Units. Employees in the Law Enforcement Unit and Detention Officer Unit 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. All court time worked shall count as time worked for the purposes of calculating overtime.

f. 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").

g. Travel time to and from the site of the court appearance shall not be considered time worked. (Res. 362-91, 6/22/91)

h. No employee shall be compensated for court pay and court leave simultaneously. (Res. 144-2006, 5/2/06)

2. Law Enforcement Middle Management Unit.

a. Court Appearance-Subpoenaed as Arresting Officer. Employees in the Law Enforcement Middle Management Unit who, as the arresting officer, are required to appear in court at a time other than their regular shift shall receive $100.00 for that day's court appearances. Time spent in court appearances when subpoenaed as the arresting officer shall not be considered time worked.

b. Court Appearance-Other Subpoenas. Time spent in court appearances for any other subpoenas (i.e., when not the arresting officer) shall count, along with other time worked, towards overtime. (Added 10/27/90; Res. 115-92)

3. No employee shall be compensated for court appearance pay and court leave (Part 166.5 E) simultaneously. (Res. 466-88, 7/19/88)

SECTION 164
PAY DIFFERENTIALS

A. General.

Each type of differential pay shall be applied separately against the base hourly rate of the employee receiving the differential(s). Unless specifically provided otherwise in a Memorandum of Understanding or Federal law, pay differentials shall not apply to overtime worked. None of the differentials included in this Section shall apply for the periods an employee is receiving on-call pay or emergency response standby pay, or for call-back not worked or court appearance not worked. (Res. 56-84, 2/11/84; Res. 654a-85, 11/19/85; Res. 542-86)

B. Night Shift Differential.

1. General Unit.

a. Employees who work eight consecutive hours or more which includes at least four hours of work between the hours of 5:00 p.m. and 12:00 a.m. as a regular work assignment shall be paid a rate of $0.55/hour above their hourly salary rate for a swing shift differential.

b. Employees who work eight consecutive hours or more which includes at least four hours of work between the hours of 12:00 a.m. and 8:00 a.m. as a regular work assignment shall be paid a rate of $0.65/hour above their hourly salary rate for a graveyard shift differential.

c. The predominant number of hours scheduled in a shift determine the differential to be paid and the entire shift is to be paid at the appropriate shift differential. If equal hours are worked in each of the shift periods then the higher shift differential will be paid. If a split shift is worked where an individual works four hours and then is off for a period of time and then returns to complete the four hours, then the criteria of eight consecutive hours has not been met and there is no eligibility for the differential.

2. Management Employees and Employees in Government Attorney Association. Employees in budgeted positions designated as Management and in the Government Attorney Association 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 regular work assignment shall be paid at a rate of 5% above their base salary step as and for a night shift differential.

3. Law Enforcement Unit Employees. 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 regular work assignment shall be paid a differential of 5% an hour above their hourly salary rate as and for a night shift differential. (Res.298-92, 6/20/92)

4. Detention Officer Unit Employees. 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 regular work assignment shall be paid a differential of $0.75 an hour above their hourly salary rate as and for a night shift differential. (Res. 361-91, 6/22/91)

5. Extra-help employees. Extra-help 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 regular work assignment may be paid at the rate of 5 percent above their hourly salary rate as and for a night shift differential. Extra-help employees do not receive differentials on overtime hours or on paid leave.

6. Night shift differential is paid on hours of paid leave used during shifts where the employee is scheduled to 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 regular work assignment. (Res. 279-75; Res. 637 81; Res. 706-88, 1/7/89)

C. Field Training Officer Differential. Employees in budgeted positions in the class of Deputy Sheriff assigned by the Sheriff to duty as a Field Training Officer shall be paid 5% of their base hourly base salary for and as Field Training Officer differential. (2/26/83, Res.22-83; Res. 542-86; Res. 706-88, 1/7/89; Res. 298-92, 6/20/92)

D. Career Incentive Differential

1. Continuing Education Differential. This differential for the Law Enforcement Representation Unit was deleted February 2, 1990.

2. DA Inspectors:

a. POST Certificates

1. Employees in this representation unit who possess a POST Intermediate Certificate shall be paid an hourly rate equivalent to 3.5 percent above their base hourly rate for the career incentive. (Res. 20-06, 01/24/06)

2. Employees in this representation unit who possess a POST Advanced Certificate shall be paid an hourly rate equivalent to 5 percent above their base hourly rate for the career incentive. (Res. 20-06, 01/24/06)

3. The maximum differential for possession of a POST certificate is shown in part (2), immediately above. No employee will receive career incentive for both an Intermediate and an Advanced POST Certificate. (Res. 20-06, 01/24/06)

3. Sheriffs Chief Deputy & Undersheriff:

a. POST Certificates

1. Effective 1/14/06 Employees in these classifications who possess a POST Advanced Certificate shall be paid an hourly rate equivalent to 5 percent above their base hourly rate for the career incentive. (Res. 358-05, 12/13/05; Res. 294-2014, 12/9/14)

E. Detention Training Differential.

1. Prior to October 15, 1988 - Induction Training Pay. Correctional Officers, when assigned to train new employees for seven (7) or more full shifts within two (2) consecutive pay periods, shall receive a training differential of $75.00. Pay periods shall not be double counted for payment computation. The assignment of training responsibilities to Sheriff's Correctional Officers shall be at the discretion of the County.

2. On & After October 15, 1988 - Detention Training Differential. Employees in the class of

Sheriff's Correctional Officer assigned by the Sheriff to duty as a detention training officer shall be paid $0.50 per hour above their base hourly salary rate for and as a Detention Training Differential. A maximum of twelve (12) Sheriff's Detention Officers are eligible to receive this differential without the authorization of the County Administrative Officer. The assignment of training responsibilities (including: training, supervision and evaluation of new employees; cross-training of existing employees; preparation and updating of procedure manuals) to Sheriff's Detention Officers shall be at the discretion of the County. (Res. 486-90, 8/7/90; Rev. 3/22/97; Res. 40-2001, 2/13/01)

F. Agricultural Biologist Aide Lead Differential. One employee in a budgeted position in the class of Agricultural Biologist Aide who is assigned by the department head to provide field supervision to employees assigned to the pest trapping program, including reviewing the quality and quantity of work and ensuring that sufficient supplies are on hand, shall receive an additional

$0.40 an hour for as a Agricultural Biologist Aide Lead Differential. Such differential shall be effective on the first day of the first full pay period of assignment. Such differential shall cease at the end of the last pay period of assignment, unless the employee separates prior to the end of the pay period. Res. 93-98, 3/24/98; Res. 255-02, 6/18/02 Previous Supervising Attorney Differential was deleted 1/15/93, Res. 8-93.

G. Reserved. Previous AFDC Differential was abolished 5/99, Res. 196-99.

H. Reserved. Previous language regarding Detective Differential memorialized in the Law

Enforcement and Sheriffs Supervisory Memoranda of Understanding.

I. Child Psychiatrist Differential. An eligible employee in a budgeted position in the class of Psychiatrist shall receive a differential of 7.0% when assigned by the department head for and as a child psychiatrist. To be eligible for such differential, a majority of the employee's caseload must be Child Psychiatry, the employee's primary assignment must be Child Psychiatry duties, and the employee must be Board eligible or Board certified in Child Psychiatry. (Res. 306-98, 6/25/98;

Res. 255-02, 6/18/02; Res. 3-07, 1/9/07) Previous 164 I (Dispatcher Training Differential) was abolished 6/25/98. (Res. 599-84, 11/6/84; Res.306-98, 6/25/98).

J. Bilingual Pay Differential.

1. Definitions.

a. "Level I" is the ability to converse in the second language(s) and to read English and translate orally into the second language(s).

b. "Level II" is the ability to converse in the second languages(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).

c. "Level III" encompasses the ability to perform at Level II plus additional special legal translation and writing skills above Level II, including the preparation of international extradition orders and other extensive legal documents for prosecution and extradition purposes.

2. Compensation.

a. Level I. When the Personnel Director has designated the position as requiring language skills at Level I and has certified

(1) General Representation Unit, Law Enforcement Representation Unit, Sheriffs Correctional Officer Unit, Middle Management Association employees: bilingual compensation rates are reflected in the respective memoranda of understanding.

(2) Unrepresented employees: $1.00 an hour above the employee's base hourly rate. (Amended 7/3/93; 6/18/02 Res. 255-02; 9/30/14, Res. 245-14; Res. 229-17, 10/24/17)

b. Level II. When the Personnel Director has designated the position as requiring the language skills at Level II and has certified that the employee is qualified, the employee shall receive:

(1) General Representation Unit, Law Enforcement Representation Unit, Sheriffs Correctional Officer Representation Unit, Middle Management Association employees: bilingual compensation rates are reflected in the respective memoranda of understanding.

(2) Unrepresented employees: $1.35 an hour above the employee's base hourly rate. (Amended 7/3/93; 6/18/02 Res. 255-02; Res. 355-05 12/13/05; 9/30/14, Res. 245-14; Res. 229-17, 10/24/17)

c. Level III. When the Personnel Director has designated the position as requiring the language skills at Level III and has certified that the employee is qualified, the employee shall receive:

(1) Law Enforcement Representation Unit: bilingual compensation rate is reflected in the memoranda of understanding.

3. Unrepresented employee bilingual activation requests must be approved by the County Administrative Officer (9/30/14, Res. 245-14)

4. Bilingual pay shall be initiated at the beginning of the pay period after the criteria outlined herein are met.

5. The County shall periodically review positions covered by these provisions to determine the number, location and level of bilingual skill required of positions to be designated as requiring bilingual skills. The County may require retesting of employees for the purpose of certifying that employees possess the necessary skill level.

6. Bilingual pay shall be removed when the criteria as outlined herein cease to be met.

K. Morgue Cleaning Allowance. One regular employee in the class of Custodian shall receive a differential of $0.75 per hour over his/her base hourly rate when assigned to clean the County Morgue for a full work period. The assignment may be changed among employees from work period to work period, but only one person shall receive the differential within a work period. (A work period is a period of seven consecutive 24 hours, or 168 consecutive hours.) (Res. 542-86; Rev. 10/26/91; Res. 100-2006, 3/28/06)

L. Longevity Differential.

1. General Representation Unit. Employees in budgeted positions in the General Representation Unit who have completed 52,000 (equivalent approximately 25 years of full- time employment) or more county service hours shall receive a differential equivalent to 3% of their base hourly salary rate as and for a longevity differential. (Res. 546-92; Res. 463-97)

2. Middle Management Unit. Employees in budgeted positions in the Middle Management Representation Unit who have completed 62,401 or more county service hours shall receive a differential equivalent to 3% of their base hourly salary rate as and for a longevity differential. Effective May 2, 1998, such differential shall be paid to employees who have completed 52,000 or more county service hours. Effective December 1, 2018, such differential shall be paid to employees that have completed 41,601 hours or more county service hours. (Res. 463-97, 12/16/97; Res. 229-17, 10/24/17). For the purposes of the longevity differential only, Middle Management employees with a break in service from Santa Cruz County service may be credited for previous service years with the County of Santa Cruz with the approval of the County Administrative Officer (CAO); and only for service years with the County of Santa Cruz, if the employees met or could meet the requirements under Civil Service Rules Section XIII B. (Reinstatement); the decision of the CAO shall be final. (Res. 337-07, 12/4/07)

3. Government Attorneys Association. Effective February 6, 1999, employees in budgeted positions in the Government Attorneys Association who have completed 52,000 (equivalent approximately 25 years of full-time employment) or more county service hours shall receive a differential equivalent to 3% of their base hourly salary rate as and for a longevity differential. (Res. 463-97, 12/16/97). Effective December 1, 2018, such differential shall be paid to employees that have completed 41,601 hours or more county service hours. (Res. 245-17, 11/24/17) For the purposes of the longevity differential only, Government Attorneys Association employees with a break in service from Santa Cruz County service may be credited for previous service years with the County of Santa Cruz with the approval of the County Administrative Officer (CAO); and only for service years with the County of Santa Cruz, if the employees met or could meet the requirements under Civil Service Rules Section XIII B. (Reinstatement); the decision of the CAO shall be final. (Res. 87-08, 4/22/08). Previous 164 L (Supervising Senior MH Clinician Differential) was abolished 3/19/91. Previous 164 L (Welfare Fraud Investigator Differential) was abolished 2/13/92. (Res. 167-91; Res. 450-91; Res. 115-93)

4. Executive Management Employees. Effective February 6, 1999, Executive Management employees in budgeted positions who have completed 52,000 (equivalent approximately 25 years of full-time employment) or more county service hours shall receive a differential equivalent to 3% of their base hourly salary rate as and for a longevity differential. Effective December 1, 2018, such differential shall be paid to employees that have completed 41,601 hours or more county service hours. (Res. 463-97, 12/16/97; Res. 229-17, 10/24/17). For the purposes of the longevity differential only, Executive Management employees with a break in service from Santa Cruz County service may be credited for previous service years with the County of Santa Cruz with the approval of the County Administrative Officer (CAO); and only for service years with the County of Santa Cruz, if the employees met or could meet the requirements under Civil Service Rules Section XIII B. (Reinstatement); the decision of the CAO shall be final. (Res. 339-07, 12/4/07)

5. All Bargaining Units. For the purposes of calculating County service hours towards longevity only, employees currently in budgeted positions who were employed in an extra-help position at the beginning of their employment and moved into a permanent position with no break in permanent employment, may have those extra-help hours counted as County service hours. Eligible employees must submit evidence and an affidavit, under penalty of perjury, to the County Administrative Office to demonstrate the individual was in a County budgeted position in an extra-help status who then moved into a permanent position with no break in permanent employment with the County. Any claims for retroactive application of this provision shall be limited to one year. Eligibility will be determined by the County Administrative Officer and all determinations are final. (Res. 341-2000, 10/17/00)

M. Supervising Detention Officer Differential. A regular employee in the class of Supervising Detention Officer shall receive a differential of $0.70 per hour over his/her base hourly rate when assigned for 80 or more consecutive hours as the acting jail watch commander in the absence of a Sheriff's Sergeant. (Res. 542-86, 9/23/86)

N. Attorney IV-County Counsel Assignment Differentials.

1. An employee in a budgeted position in the Class of Attorney IV County Counsel shall receive a differential of 7.5% above his or her salary for the Class of Attorney IV County Counsel when assigned by the County Counsel to litigate the complex civil cases and coordinate all civil litigation in the office. A maximum of one employee may be selected to receive this differential by the County Counsel. (Res. 201-2007, 06/22/07)

2. Additional 17.4% differential for Attorney IV (management team) was abolished on December 4, 2007. (Res. 339-07, 12/4/07)

O. Charge Detention Registered Nurse Differential. An employee in the class of Detention Registered Nurse may receive a salary differential over his/her base hourly rate of $0.80 when assigned on a regular basis as the charge nurse on a shift. The assignment shall include supervising, coordinating, scheduling, staffing and evaluating the work of subordinate staff. A maximum of five positions may be designated to receive the "charge nurse" differential with the approval of the Personnel Director. (Res. 225-87, 4/28/87)

P. Reserved. Previous Institutional Supervisor Differential was abolished on June 4, 2002 (Res. 237-02)

Q. Supervising Deputy Probation Officer III Differential. An employee in the class of Deputy Probation Officer III may receive a differential of ninety-four cents ($0.94) per hour over his/her base hourly rate when assigned on a regular basis to supervise, train, schedule and evaluate the work of a group of subordinate Probation Officers. The assignments shall include supervision of a section of the Probation Department which requires the incumbent to spend at least 30% of their time performing supervisory duties including reviewing and approving work, conducting on-the-job training, coordinating, evaluating and scheduling work of Deputy Probation Officers performing journey level or higher probation tasks. Additional tasks include implementing new programs, grants, or specially funded projects, program and policy development, and performing the most complex tasks. A maximum of nine positions may be designated to receive the Supervising Deputy Probation Officer III Differential with the approval of the Personnel Director. (Res. 609-89, 9/2/89; Res. 9-90, 1/20/90, Res. 445-97, 11/29/97)

R. Emergency Operations Center Coordinator. An employee in a budgeted position who is assigned on-call by the Director of Emergency Services shall receive a pay differential of $2.00 an hour for the hours assigned on call. (Res. 427-97, 11/15/97) (Res. 236-2013, 11/5/13) (Res.253-2020, 11/17/20) Previous Senior Trial Attorney Differential was abolished January 15, 1993. (Res. 8-93) The previous Nurse-Midwife Differential was abolished April 11, 1992. (Res. 142-92)

S. JTPA Summer Program Administration Differential. An employee in the classification of Employment and Training Specialist or Senior Employment and Training Specialist may receive a differential of $1.30 per hour over his/her hourly rate when assigned on a regular basis to plan, develop, supervise and/or administer the JTPA Summer Youth Employment Program and Summer Lunch Program. Three positions may be designated to receive the differential: one to coordinate the Summer Employment Program, one to coordinate the Summer Lunch Program, and one to perform administrative functions in support of these programs as well as develop Youth Crew projects. The differential may be approved by the Personnel Director each year for the duration of the JTPA Summer Programs (pay periods that most closely coincide with April 1 and September 30). (Res. 194-89, 4/11/89)

T. Reserved. Previous Child Protective Services differential was abolished 5/29/99, Res. 196-99.

U. Reserved. Previous Attorney III Courts Assignment as Family Support Commissioner was deleted. Santa Cruz County employees hired to work in the Courts became Superior Court of California employees on September 14, 2002. All provisions relating to Court employees have been deleted.

V. Main Jail Differential. The main jail differential of $0.50 per hour for certain employees in budgeted positions in specified classes when such employees' principal place of assigned duty was within the Santa Cruz County Jail was abolished October 19, 1991, when $0.50 an hour was added to the base salary for the following classes: Cook, Head Cook, Detention LVN, Detention RN, and Detention Nurse Supervisor. However, employees in other classes who were receiving the differential as of October 18, 1991, shall continue to receive the $0.50 per hour differential until such time as they leave their current assignment in a budgeted position in the Santa Cruz County Jail. (Orig. 10/14/89; Rev. 11/29/89, 2/3/90; Res. 599-91, 10/19/91)

W. Retraining Adjustment Pay Differential. A regular employee who takes a voluntary demotion that is for the purpose of changing career paths may be entitled to Retraining Adjustment Pay Differential provided the following conditions are met: the demotion is not in lieu of, or the result, of disciplinary action; the demotion is not the result of a lay-off; the demotion is not a return from work in a higher class; the payment is recommended by the employing Department Head and approved by the Personnel Director. This Retraining Adjustment Pay Differential will be effective from the date the employee begins work in the lower class. It will continue for 24 months or until the employee leaves the class to which they have demoted, whichever comes first. This Retraining

Adjustment Pay Differential shall be paid as an hourly rate differential that is equal to the difference between the employees hourly rate at the time of the voluntary demotion and the appropriate hourly rate in the new lower class. (Res. 223-90, 4/17/90)

X. Interim Department Head Assignment Differential. When there is a vacant department head position and a current employee is a budgeted position is assigned, with the approval of the County Administrative Officer and Personnel Director, to serve as the interim department head in addition to his/her regular duties, the employee shall receive a differential of 20% above his/her current base salary as an interim department head assignment differential. (Res. 299-97, 2/8/97) The previous Public Works Earthquake Crew Supervisor differential was abolished effective October 22, 1993. (Res. 30-92, 1/28/92; Res. 417-93, 6/25/93; Res. 617-92)

Y. Lifeguard Instructor Differential. An employee in the extra-help class of Lifeguard and Head Lifeguard who possesses the necessary qualifications as an instructor and who has completed the POSCS Department instruction training program shall receive $1.25 per hour as a Lifeguard Instructor Differential for hours worked when assigned as an instructor. This differential shall only apply to hours worked and shall not apply to any time not worked, including paid or unpaid leave, if any. The POSCS Department shall maintain records for three years of the hours when employees are assigned as lifeguards and instructors. This differential shall be effective upon completion of required programming and payroll procedures. (Res. 284-95, 6/27/95; Res. 100-2006, 3/28/06)

Z. Pharmacist in Charge Differential. An eligible employee in a budgeted position in the class of Pharmacist shall receive a differential of $1.00 per hour when assigned by the Health Services Administrator to be in charge of a branch pharmacy and to be responsible for compliance with Federal and State laws pertaining to the practice of pharmacy in that location. (Res. 306-98, 6/25/98)

AA. Special Assignment Differential. An employee in a budgeted or Extra-Help position may be assigned as the assistant department head or assigned to a special assignment on an on-going basis and receive a differential up to 10% when so assigned, with the prior approval of the County Administrative Officer.

To be eligible for this differential as the assistant department head, the employee must be in a class which is not designated as an assistant department head, the employee must have full responsibility for the overall operation of the department or the special assignment in the absence of the department head, and the requesting department does not have an employee occupying a position designated as an assistant department head.

To be eligible for this differential as a special assignment, the employee must have full responsibility for the overall management of a specialized and complex assignment, or performs a highly skilled function, and the employee is not currently occupying a position designated as an assistant department head.

This differential shall be effective on the first day of the first full pay period of assignment. This differential shall cease at the end of the last pay period of assignment, unless the employee separates prior to the end of the pay period. (Res. 306-98, 6/25/98; Res. 80-2001, 3/13/01; Res. 309-2008, 12/16/08; Res. 204-15, 6/23/15, Res. 209-16, 9/13/16)

AB. Environmental Health First Responder: A registered, qualified employee in a budgeted position who is assigned on a regular basis by the Director of Health Services and approved by the

Personnel Director to work side by side with law enforcement and fire personnel at hazardous materials spills, fires where chemicals are present, and potential bioterrorism events shall receive a differential of five percent (5%) above his/her salary when assigned first responder responsibilities on an ongoing basis. The Health Services Director shall only recommend differentials sufficient to ensure minimum coverage for twenty-four hours a day, seven days a week. (Res. 402-2002, 11/5/02)

AC. San Benito County Child Support Services Regionalization Differential: An employee in a budgeted position in the class of the Director of Child Support Services and Administrative

Services Manager in the Child Support Services Department, with prior approval of the County

Administrative Officer, may receive a differential of five percent (5%) above his/her base salary when the employee assumes the full range of responsibility of administrative management of the San Benito County Child Support Services.

This differential shall be effective on the first day of the first full pay period of assignment, unless the employee separates prior to the end of the pay period. This differential is only effective if the State reimburses the County for the cost. (Res. 402-2002, 11/5/02)

AD. Previous Extra Help Differential Abolished. (Res. 204-2015, 6/23/2015)

AE. Land Surveyor Differential: An employee in a budgeted position appointed by the Board as the County Surveyor, if that individual is a person other than the Public Works Director, shall receive an additional five percent (5%) differential above the base salary. To be eligible for this differential the employee must hold a Land Surveyor License issued by the State of California, or be otherwise eligible to practice the profession of land surveying , and be assigned to review, sign and seal Records of Survey; review, sign and seal Certificates of Correction; review, sign and seal Corner Records submitted by private surveyors prior to filing with the County Surveyor; review, sign and seal Parcel Maps submitted by private surveyors; review, sign and seal Final Maps submitted by private surveyors, and submit them to the Board of Supervisors for final approval prior to recording; oversee the Countys Monument Preservation activities; and, maintain files and indexes of recorded maps and other survey-related documents and provide copies of those items to the public. A maximum of one employee may be appointed to receive this differential by the Board. (Res. 304-2008, 12/9/08)

AF. Field Safety Training Officer Differential: Employees in budgeted positions in the class of Group Supervisor II, Deputy Probation Officer II or Deputy Probation Officer III, and who have successfully completed the required 40-hour POST certified training officer course, who are assigned by the Probation Chief, or designee, to duty as a Field Safety Training Officer shall be paid 5% above their base salary for actual hours worked as a Field Safety Training Officer. A maximum of five (5) employees at any given time may be assigned by the Probation Department to receive this differential. Employees in the class of Group Supervisor II must be assigned to the Alternative to Detention Unit or the Evening Center to be eligible. (Res. 172-18, 6/26/18)

AG. Santa Cruz County Anti-Crime Team Differentials:

The purpose of this differential is to compensate peace officers who are routinely and consistently assigned to the enforcement of unlawful gang activities.

Commander- Employees in budgeted positions in the class of District Attorney Inspector I, II or III who are assigned by the District Attorney, or designee, to duty as a Commander for the Santa Cruz County Anti-Crime Team shall be paid 8% above their base salary for actual hours worked as a Commander. No more than one person at any given time may be assigned by the District Attorneys Office to receive this differential.

Line Supervisor - Employees in budgeted positions in the class of District Attorney Inspector I, II or III who are assigned by the District Attorney, or designee, to duty as a Line Supervisor for the Santa Cruz County Anti-Crime Team shall be paid 4% above their base salary for actual hours worked as a Line Supervisor. No more than one person at any given time may be assigned by the District Attorneys Office to receive this differential. (Res. 272-2022, 10/25/22)

SECTION 165
OTHER COMPENSATION PROVISIONS

A. Return of Fees to County. Except as otherwise expressly provided by law as compensation to such officers or employees, all commissions, fees, and prerequisites received by any officer or employee of the County for services rendered in his/her official capacity shall become the property of the County treasury within the time and in the manner provided by law. (Ord. 527, 5/28/56; Ord. 1430, 5/27/69)

B. Reimbursement of Expenses of County Officers and Employees. County officers and employees and members of the Board of Supervisors shall be entitled to receive reimbursement for their actual and necessary expenses incurred while traveling on County business pursuant to the provisions of Chapter 2.32 of the County Code and such regulations theretofore and hereafter developed by the County Administrative Officer and approved by the Board of Supervisors for travel authorization and reimbursement. (Ord. 1624, 8/3/71)

C. Meal Allowance.

1. Management Employees. All County department heads, assistant department heads, and other management employees, shall be entitled to meal allowance payments when required to work away from home on County business for a minimum of two hours after the end of the regular work day, or two hours before the beginning of the regular work day, or when required to work away from home on County business on a day which is not a regular work day for a minimum of four hours. The meal allowance payments shall be in the amount of the maximum rates specified in Section 115 of the County Procedures Manual. (Res. 279-75) Employees who are engaged on County business within the County shall be entitled to meal allowance payments for in-County meals within the amounts specified in Title I, Section 100, of the County Procedures Manual, provided that:

a. The department head has approved prior to the meal, work at a schedule official

meeting which will require the employee to be away from a home a minimum of two hours before or after the regular work day; or

b. The department head has approved prior to the meal, overtime work by a management employee which will require the employee to be away from home for a minimum of two hours before or after the regular work day.

2. Meal Allowance in Declared Emergency (Public Works) for employees in the General and Middle Management Units, the County Administrative Officer may approve, meals under emergency conditions if the request is submitted within ten working days. Approval of the department head or his/her designee and the County Administrative Officer must accompany the claim. Meal allowance payments shall be in the amount of the maximum rate specified in Section 115 of the County Procedures Manual. Meal payment for breakfast is allowable if the required emergency work begins at least two hours before the beginning of the regular work day. Meal payment for lunch is allowable: (1) if the required emergency work begins at least two hours before the beginning of the regular work day and ends at least two hours after the ending of the regular work day; or (2) at least 12 hours of emergency work occurs, and the regular lunch period falls within those hours. Meal payment for dinner is allowable: (1) if the required emergency work extends at least two hours after the ending of the regular work day; or (2) at least 16 consecutive hours of emergency work is required on any non-workday, two of which fall after the ending of the employee's regular work day. (Rev. 10/19/91, 12/7/91; Res. 115-93; Res. 255-02, 6/18/02)

D. Business Expense Allowance.

1. The previous Business Expense Allowance was abolished July 30, 1993. Any Business Expense Allowance due eligible employees for service during the quarter prior to abolishment of the previous allowance is payable in accordance with the previous provision. (Res. 482-93)

2. Effective July 31, 1993, a Business Expense Allowance of $100 a year is established. Said allowance shall be payable once a fiscal year to eligible full-time and part-time employees who occupy a budgeted position on the last day of the pay period which concludes the first quarter of the fiscal year. Payment shall be made the first pay period following the end of the quarter. Eligible employees are those in classes designated as Executive Management and in classes in the Government Attorneys Association but excluding management trainees who have not attained permanent status in their class. (Res. 482-93, 7/31/93) (Res. 279-75; Res. 93-79; Res. 637-81; Res. 888-81; 11/30/85; Res. 542-86; Res. 188-87, 4/7/87; Res. 552-87; Res. 536-88, 8/9/88; Res. 486-90, 8/7/90; Res. 655-91, 12/7/91; res.482-93)

E. Special Expense and Automobile Allowance.

1. Private Automobile Mileage Reimbursement. County employees who use privately owned motor vehicles for County business as provided in Section 2.32.200 of the County Code shall be reimbursed for such use as follows:

a. For employees in the General, Middle Management, and Law Enforcement Middle Management Representation Units, the maximum IRS allowable rate shall be the mileage reimbursement rate. Changes to this rate will be effective the first day of the month which occurs (30) days after publication of the change to the IRS allowable rate in the Federal Register. (Res. 482-93, 8/1/93)

b. For employees in the classes of DA Inspector II or I who are receiving an automobile allowance, the mileage reimbursement rate shall be $0.25 per mile for out-of-county mileage.

c. For all other employees, the mileage reimbursement rate shall be: $0.25 per mile for the first 900 miles traveled in any given month; and $0.19 per mile for all mileage in excess of 900 miles traveled in any given month. Employees who receive automobile allowances, employees in the Government Attorneys Association, and Executive Management employees (other than management trainees and employees in the class of Supervisor's Staff Assistant), shall not be reimbursed for in-county mileage. Res. 575-90, 11/1/90; Res. 577-91, 10/1/91; 675-91, 12/21/91; Rev. 2/1/92; Res. 482-93)

2. Automobile Allowance.

a. Executive Management and Government Attorneys Association members. The previous automobile allowance for Executive Management and Government Attorneys Association members has been abolished. The salary placement for these groups, with the exception of those designated as management trainees and Supervisor's Staff Assistant, takes into account that such employees do not receive an automobile allowance. Such salary placement shall be considered payment for all in-county mileage. On occasion it may be necessary to assign or otherwise allow the use of a County vehicle to employees in these groups for in-county travel to promote operational efficiencies on the part of the County. During any period of time that any employee in these groups have such use of any County vehicle to promote operational efficiencies on the part of the County, the salary of such employee shall be reduced in the amount of $14.80 per day unless the use is incidental to the employee's performance of his/her duties and does not exceed a total of five (5) days in a fiscal year. Private vehicle mileage accumulated on County business for out-of-county travel shall be subject to the appropriate rate for privately owned motor vehicle reimbursement, or a County vehicle may be used for such out-of- county travel. (Res. 577-91; Res. 529-92, 1/2/93; Res. 482-83, 7/31/93; Res. 328-95, 8/8/95)

b. Executive Managers, Government Attorneys Association performing the duties as a Planning Commissioner are permitted to use County vehicles as often as necessary to execute the duties of the Planning Commission without being charged

$14.80 per day. Executive Managers, Government Attorneys Association shall be reimbursed at the maximum IRS allowable rate for mileage incurred on their personal vehicle while acting as a Planning Commissioner. (Res.200-2007, 6/22/07)

c. DA Inspection Staff.

(1) Subject to approval of the District Attorney, an allowance of $370 per month shall be provided to employees in budgeted positions in the classes of DA Inspector II and I who, on a regular basis, provide his/her own vehicle for use on County business in lieu of being assigned a County car. Such allowance shall include payment of all in-county mileage. The rates as outlined in paragraph E.1.a and b of this Section (165) shall apply to private vehicle mileage accumulated on County business for out-of-county travel. Employees shall not be entitled to any automobile allowance during any period that they have the use of any County vehicle pursuant to a regular or permanent

assignment. (Res. 675-91; 113-95)

(2) The recipients of these allowances will retain their vehicle a minimum of two years from the date of radio equipment installation in their vehicles. The employee shall pay for radio installation costs if the vehicle is exchanged in less than two years.

(3) These vehicle allowances will be provided in lieu of the assignment of a County vehicle on an attrition basis as County vehicles assigned to eligible employees are phased out of operation. (Res. 113-95)

d. General Provisions.

(1) The monthly vehicle allowance provides compensation for all direct and indirect costs associated with ownership, insurance (including deductible), maintenance and operation of the employee's vehicle for any travel covered by the allowance. Payment of automobile mileage reimbursement under paragraph E.1.a and b of this Section (165) provides compensation for all direct and indirect costs associated with ownership, insurance (including deductible), maintenance and operation of the employee's vehicle for any travel covered by such reimbursement.

(2) Eligible employees who are appointed to or separate from positions covered by these vehicle allowances during a month shall receive a prorated amount of the allowance proportionate to their service during said month.

(3) Eligible part-time employees shall receive a prorated amount of the applicable allowance proportionate to the authorized hours of their position. (Res. 342-82, 7/27/82; 536-82, 12/14/82; Rev. 12/31/83; Res. 17A-85, 12/29/85; Res. 654a-85, 11/19/85; Res. 552-87, 8/11/87; Res. 576-87, 9/1/87; Res. 536-88, 8/2/88; Res. 489-90; Res. 577-91; Res. 675-91; Res.529-92)

3. Special Expense. Each member of the Board of Supervisors shall be entitled to reimbursement as provided herein for all reasonably necessary expenses incurred by the Supervisor in connection with performing the duties and responsibilities of an elected head of County government which are not presently reimbursed by the County, including but not limited to, luncheons, dinners, meetings and conferences attended within the County. The maximum amount of expense reimbursable to any Supervisor under this resolution shall be $800 per calendar year. Reimbursement shall be claimed by submitting appropriate claims to the Auditor-Controller on a monthly basis. (Res. 278-75; Res. 788-77; Rev. 5/15/79; Rev. 4/21/81; Res. 580-81; Res. 637-81; Res. 888-81; Res. 484-89, 6/30/89; Res. 192-2003, 6/19/03)

F. Meals Provided in Detention (Locked) Facilities.

1. General Representation Unit. Employees in this unit regularly required to remain in a locked facility (Sheriff's Detention Facility; Juvenile Hall) during their shift shall be entitled to receive one meal, and only one meal, served during the shift. (Res. 279-75; Rev. 4/12/81; Res. 255-02, 6/18/02)

2. Law Enforcement and Detention Officer Representation Units. Employees in these units who are required to remain at their posts in a detention facility for the entire shift shall be provided with one meal, and only one meal, per shift.

3. Middle Management Representation Unit. Employees in this unit in budgeted positions who are regularly required to remain in a County detention facility during their shift shall be entitled to receive one meal and only one meal, served during the shift. (Res. 422-84, 7/24/84; Res. 542-86)

G. Uniform Replacement-Sheriff's Department. Sheriff's Department employees in the Law Enforcement Unit, Detention Officer Unit, Law Enforcement Middle Management Unit, Undersheriff and Sheriff's Chief Deputy classifications, and who have passed their probationary period are to be provided replacements for worn out or damaged uniforms, provided that uniforms are not damaged through gross negligence. Items covered by this program are: shirts, pants, jackets, shoes, hat, ties and sweaters, utility belts (under/over,) key holders, O.C. Holder, and handcuff holder (Correctional Officers). Uniforms replaced under this provision shall be replaced on an equivalent 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. The maximum amount of reimbursement for replacement of shoes/boot shall not exceed $110.00. The maximum amount of reimbursement for replacement of shoes/boots shall not exceed $91.32 for employees in the Detention Officer Unit effective August 29, 1992. (Res. 291-75; Res. 330-79; Res. 888-81; Res. 541-84; Res. 542-86; Res. 486-90, 8/7/90; Res. 106-92, 3/14/92; Rev. 8/29/92; Res. 289-01, 6/26/01; Res. 358-05, 12/13/05, Res. 28-2015, 2/24/15)

H. Reserved. Previous Physical Exam and Health Expense Allowance was abolished July 31, 1993. (Res. 482-93, 7/31/93)

I. Reimbursement for Licenses or Certificates.

1. Required Licenses and Certificates.

a. Executive Management employees and Government Attorneys Association. Employees in budgeted positions designated as Executive Management and in the Government Attorneys Association shall, upon proper application, be reimbursed for the cost of licenses or certificates required to perform their duties under the following conditions:

(1) Licenses and certificates must be required by Federal, State or County laws, or by class specifications. Fees for California Driver's Licenses shall not be reimbursed under these provisions.

(2) Reimbursement shall only apply to fees paid by the employee during the calendar year. No reimbursement shall be made for fees of less than $5. Maximum reimbursement shall be $200 per calendar year, except has follows:

(a) Employees who are required to be members of the State Bar of California shall, upon proper application, be reimbursed up to an additional amount of $278, to a total maximum reimbursement not to exceed $478 or the basic bar fee, whichever is less.

(b) Upon approval by the Health Services Administrator, physicians in budgeted positions who are required to have a "controlled substances registration certificate" are eligible for reimbursement for fees paid by the employee for such certificates up to an additional amount of $150, total a total maximum reimbursement not to exceed $350.

b. Other Employees. Employees in budgeted positions may be reimbursed for licenses or certificates during the term of and pursuant to a particular Memorandum of Understanding. (7/19/88; Res. 88-90, 3/3/90; 1/8/98; Res. 80-01, 3/13/01)

2. Reimbursement for Non-Required Licenses or Certificates.

a. Executive Management Employees and Government Attorneys Association, for the period of February 6, 2001, through February 3, 2004, the County will provide $2400 in funds for Executive Management employees and employees in the Government Attorneys Association for reimbursement for job- related but not required license and/or certificates, and for reimbursement for professional association dues for professional associations for which dues are inseparable from certification and/or licensure. The maximum reimbursement shall be

$200 per calendar year. Reimbursement shall only apply to fees paid by the employee during the calendar year in which reimbursement is received. No reimbursement shall be paid for fees of less than $5. Reimbursement requests must be approved by the

County Administrative Officer, whose decision shall be final. Employees shall not be reimbursed under this provision and the provisions regarding required licenses and/or certificates, in Section 165 I.1, above.

b. General Representation Unit. Employees in the General Representation Unit may receive reimbursement for the job-related but not required licenses, for tuition reimbursement and for professional association dues for professional associations for which dues are inseparable from certification and/or licensure, within the dollar amounts, maximum reimbursement amounts, and other required specified in the current Memorandum of Understanding. (7/19/88; Res. 88-90, 3/3/90; 1/8/98; Res. 80-01, 3/13/01)

J. Tuition Reimbursement. Employees in budgeted positions may receive tuition reimbursement during the term of and pursuant to a particular Memorandum of Understanding. See Memoranda of Understanding for the Detention Officer Representation Unit (Article 24.3) and General Representation Unit (Article 25). (Res. 466-88, 7/19/88)

K. Reserved. Previous Education/Deferred Compensation Allowance was abolished July 31,

1993. (Res. 482-93) (Res. 615-88, 10/4/88; Res. 30-89, 1/24/89; Res. 88-90, 1/6/90)

L. Uniform Replacement-Fire Prevention Inspector. The County shall provide replacement for worn out or damaged uniforms for employees in budgeted positions in the class of Fire Prevention Inspector that have passed their probation period, provided that uniforms are not damaged through gross negligence. Employees are responsible for provision of uniform items upon appointment.

The County shall not provide uniform articles to employees. Items covered by this program are: shirts, jackets, pants, shoes/boots, ties, hats. Uniform replacement under this provision shall be on an equivalent class basis--- i.e., class A pants replaced with class A plants. These items are not to be used other than while working for the County and while traveling to and from work. The amount of reimbursement for replacement of shoes/boots shall not exceed $100.00. Uniform articles to be surveyed for damage or wear shall be provided to the appointing authority. (Res. 188-90, 4/14/90)

M. Change of Venue Allowance. An employee in the Government Attorneys Association who is assigned a change of venue case in another county shall receive, commencing on the eleventh (11th) trial day, a $20.00 per trial day change of venue allowance, provided that the site of the trial is located in any county other than Santa Cruz, Monterey, San Benito, Santa Clara or San Mateo. (1/21/89)

N. Reserved. Previous 165 N, Physical Exam Allowance, was deleted 6/30/91.

O. Reserved. Previous 165 O, Professional Expense Reimbursement Allowance, was deleted 6/30/91.

P. Reserved. Previous 165 P, Annual Physical Examination and Vision Care Allowance was deleted 12/7/91. (Res. 655-91).

Q. Body Armor. Undersheriff and Sheriffs Chief Deputy. The County agrees to refurbish, repair, or replace body armor, as appropriate, in accordance with manufacturer specifications. The cost to the County for such refurbishment, repair, or replacement of an employees body armor shall be limited to a maximum of $600 every two years. (Res. 358-05, 12/13/05, Res. 28-2015, 2/24/15)

R. Relocation Assistance. The County Administrative Officer is authorized to approve requests for relocation assistance for difficult to recruit classifications, up to a maximum of $10,000, based on actual costs. (Res. 76-2006, 3/7/06)

S. Advanced Accrual Rates. The County Administrative Officer is authorized to allow for the advanced setting of accrual rates for leaves based upon the number of years of service with other public agencies for difficult to recruit classifications. (Res. 90-2006, 3/28/06)

T. Animal Services Dispatch/Coordinator Pay and Animal Control Officer Pay. The County Administrative Officer is authorized to allow for the advanced setting of accrual rates for leaves based upon the number of years of service with other public agencies for difficult to recruit classifications. (Res. 90-2006, 3/28/06)

A. Animal Services Dispatch/Coordinator Pay. Eligible employees in a budgeted position in the Animal Shelter shall receive a 5% base pay increase when assigned by the Animal Shelter General Manager to provide backup coverage as part of a regular and ongoing work assignment for the Animal Services Dispatcher position and the Animal Services Coordinator position. Only one employee for the Dispatch position and one employee from each shelter for the Coordinator position may be assigned this pay at a time. The pay shall apply to only those hours in which the employee is scheduled to perform the coverage duties. Employees receiving this pay may not simultaneously receive work in a higher class pay.

B. Animal Control Officer Pay. One eligible employee in a budgeted position in the class of Animal Control Officer I/II shall receive a 5% base pay increase when assigned by the Animal Shelter General Manager to perform lead duties as backup coverage for the Animal Services Field Manager position in that employee's absence. The pay shall apply to only those hours in which the employee is scheduled to perform the coverage duties. The employee receiving this pay may not simultaneously receive work in a higher class pay.

U. Elected Official Service Credit Accrual. Elected Officials of the County shall accrue service credit at the rate of .0231 hours for each hour of service. Elected Officials are considered full-time employees. The Service Credit Accrual may only accrue until it has reached a total of 1440 hours. Such accrual may not be paid off or utilized during time of service for any purpose and shall be available to eligible employees only upon separation from the elected County office as provided below.

1. Conversion upon Separation. Each eligible employee who leaves elected County office upon separation in good standing, retirement or death shall thereupon be paid 75 percent of the monetary value of the service credit accrual to a maximum of 450 hours. (Res. 188-87, 4/7/87, Amended Res 202-2015, 6/23/15)

SECTION 165. 1 ELECTIONS (SPECIAL PAY)

A. County Clerk. The County Clerk shall be paid the sum of $600 a year for every year that an election is held throughout the State of California.

B. Election Officers and Workers. The election officers and workers hereinafter appointed to serve in an election conducted by the County of Santa Cruz shall receive for their services the following compensation:

1. Election Precinct Boards. At each primary and general election held throughout the County, and at each special or district election held throughout the County or in any portion of the County, said election being held under the supervision of the County Clerk, the following stipend shall be paid to the members of the precinct board in each precinct and shall constitute payment for all services, including, but not limited to, the members use of his or her own private automobile:

Each Inspector: $100.00

Each Multiple Precinct Inspector: $200.00

Each Clerk: $75.00

Each Half-time Inspector: $50.00

Each Roving Inspector: $200.00

Each Roving Voting System Troubleshooter: $140.00

Each Half-time Clerk: $37.50

Each Closer: $30.00

Reimbursement for attending training: $20.00 (Person must serve in the polls to receive reimbursement.)

Reimbursement for attending Insight Optical Scan/AVC Edge II certification class and managing equipment at the polls: $30.00 (Person must serve in the polls to receive reimbursement.)

Reimbursement for leading break-out groups in Optical Scan/AVC Edge II certification classes: $100.00 per day.

Persons serving in a stand-by capacity for any of the positions listed above shall be paid at the same rate as the position for which they are standing by.

2. Central Election Day Workers. At each primary and general election held throughout the County, and at each special or district election held throughout the County or in any portion of the County, said election being held under the supervision of the County Clerk, the Central Election Day Workers shall be compensated at any hourly rate equivalent to the first step hourly rate for the County classification of Clerk II. Such Central Election Day Workers shall be paid through the County payroll system for administrative purposes and be subject to appropriate payroll deductions. A Central Election Day Worker may not be an employee of the County Clerk/Elections Department. The County Clerk shall be responsible for submitted required documentation for employment of such Central Election Day Workers to the Personnel Department and Auditor's Office in accordance with prescribed deadlines for approval in advance of employment. Completion of Federal W-4 and I-9 forms are required for such workers. Central Election Day Workers are hired to work two days on an election related function prior to, on, or after Election Day.

3. Miscellaneous Election Workers. For each primary and general election held throughout the County, and for each special or district election held throughout the County or in any portion of the County, said election being held under the supervision of the County Clerk, miscellaneous election workers whose employment may extend beyond election day, but, in no case may the duration of employment exceed three calendar weeks, shall be compensated at an hourly rate equivalent to the first step hourly rate for the County job classification of Clerk II. Such election workers shall be paid through the County payroll system for administrative purposes and be subject to appropriate payroll deductions. Such election workers may not be current County employees. The County Clerk shall be responsible for submitted required documentation for employment of such election workers to the Personnel Department and Auditor's Office in accordance with prescribed deadlines for approval in advance of employment. Completion of Federal W-4 and I-9 forms are required of such employees.

4. County Employees. The amount of compensation paid to a County employee who voluntarily serves as an election worker shall be at the same rate as is paid to election workers who are not County employees. County employees may receive annual leave or vacation pay in addition to any they receive while serving in the capacity of an election precinct board member or Central Election Day Worker listed in Sections 165.1 B 1 and 2, above. Employees of the County Clerk/Elections Department may not serve as Central Election Day Workers enumerated in 165.1 B 2, above. No County employee may serve as miscellaneous election worker as enumerated in 165.1 B 3, above.

5. County Employees serving in the polls in the capacity of a county employee. County Employees may serve for the regular work shift as "other duty as assigned." These employees are paid their regular pay through their departments for their service on Election Day and for the time to attend poll worker training prior to Election Day.

6. Election Day and/or Night Boards. Persons who serve on boards Election Day and/or night who are not being paid through any of the classifications above, shall be paid as follows:

Ballot Card Readers: $100.00 per day

Logic and Accuracy Board: $160.00 per day

All other boards: $80.00 per day

Inspector Hotline Operator: $100.00

7. Polling Place Facility. Each facility used as a polling place shall be paid $50.00 per voting precinct.

8. Training Facility. Each facility used as a training facility shall be paid $100.00 per day.

9. Cell Phone reimbursement. An Election Officer who uses a personal cell phone in excess of the monthly allotment of minutes shall be reimbursed the amount of the bill resulting from that overage upon submission of a statement or bill. The reimbursement is for calls used for election business.

C. Use of Personal Vehicles. The County Clerk shall be responsible for verifying that any person who uses their personal vehicle while serving as an election official has the valid California driver's license and required insurance prior to any use of the vehicle.

Orig. 5/76; Rev. 2/14/81; Res. 95-84, 2/28/84; Res. 526-84, 9/11/84; Res. 656-85, 10/8/85; Res. 104-88, 3/8/88; Res. 241-98, 6/2/98; Res. 37-2004, 2/24/2004; Res. 261-2006, 8/22/2006.

SECTION 166
LEAVE WITH PAY

166.1 HOLIDAYS

A. Specified. The County observes as holidays those days specified in Memoranda of Understanding for employees in representation units and specified by resolution of the Board of Supervisors for unrepresented employees and employees in the Government Attorneys Association. The Board has established the following dates as Santa Cruz County holidays for unrepresented employees:

1. Eligible Employees. The following are holidays for eligible employees:

a. January 1, known as "New Year's Day"

b. The third Monday in January, known as "Martin Luther King Day" (Res. 28-84, 1/10/84)

c. The third Monday in February, known as "President's Day" d. March 31, known as Cesar Chavez Day"

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

f. July 4, known as "Independence Day"

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

h. The second Monday in October, known as Columbus Day" i. November 11, known as "Veteran's Day"

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

k. The last Friday in November - the day after "Thanksgiving Day"

l. Half-day on December 24, known as "Christmas Eve". Effective calendar year 2018 and beyond, Christmas Eve shall be a full holiday. (Res. 229-17, 10/24/17; Res.245- 17, 11/14/17)

m. December 25, known as "Christmas Day"

n. Plus every other day appointed by the President or Governor for a public fast, thanksgiving, or holiday, if granted as a paid holiday for federal or state employees.

2.

a. If January 1, March 31, 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 Santa Cruz 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.

b. Statewide and local election days shall be regular County work days. (Res. 100 2006, 3/28/06)

B. General Provisions.

1. Abnormal Work Schedule. Eligible employees whose weekly work schedule is different from a normal work schedule shall be granted the same number of hours of holiday leave as employees on a normal work schedule are granted because of holidays.

2. During Paid Leave. A holiday falling within a period of leave with pay shall not constitute a day of paid leave for an eligible employee.

3. Qualifications for Pay. In order to qualify for holiday compensation, the eligible employee is required to work or be in a paid status (e.g., sick leave, vacation) his/her last scheduled work day prior to the holiday and his/her first scheduled work day following the holiday.

4. Law Enforcement Representation Unit - 4 day/10 hour Schedule. Sheriff's Department employees on the 4 day/10 hour schedule shall receive one day off per month (i.e., 12 days per year) in lieu of prescribed holidays and are excluded from the provisions of part A of this section (166.1).

5. Employees in the General Representation Unit on the 4/10 Schedule in the Emergency Services Department, Dispatching Division. Regular employees on the 4 day/10 hour schedule in the General Representation Unit in the Emergency Services Department, Dispatching Division, shall receive a day off approximately every four weeks (i.e., 13 days per year) in lieu of holidays and are excluded from the provisions of part A of this section (166.1).

C. Exclusions.

1. Excluded Employees. Elected officials and extra-help employees shall not be eligible to receive holiday leave or compensation.

2. Correctional Officer Unit Employees on 7 Day/12 Hour Schedule. Regular employees in the Correctional Officer Unit who are assigned to a 7 day/12 hour schedule in Detention Facilities are excluded from all provisions of this section (166.1), except for the following: Employees in this unit who are assigned to a 7 day/12 hour schedule in Detention Facilities shall receive 7.07% of their base pay as a holiday differential in lieu of and for holidays. Payment of holiday pay differential shall be twice yearly, prorated on the length of active, regular service on the 7/12 schedule in Detention Facilities. These semi-annual payments shall be made on the first pay day in June and December. "Base pay" means the hourly rate salary step of the employee for paid hours of work and paid hours of leave while in active service within the authorized hours of the position. (Res. 260-82, 6/15/82; Res. 422-84, 7/24/84; Res. 542-86; Res. 136-2006, 5/2/06)

D. Holiday Compensation - Regular Part-Time Employees. Employees working in regular part- time

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 compensation 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 salary at straight time or allowing the part-time employee to take time off in the same pay period for the hours which are proportionate to the part-time position.

3. In order to qualify for holiday compensation, the part-time employee is required to work or be in a paid status (e.g., sick leave, annual leave) his/her last scheduled work day prior to the holiday and his/her first scheduled work day following the holiday. These provisions apply only to regular budgeted part-time positions that require between 20 and 39 hours of work per week. (Res. 376-77, 6/24/77; Rev. 4/21/81; Res. 637-81, 8/4/81; Res. 95-82, 3/16/82; Res. 260-82, 6/15/82; Res. 28-84, 1/10/84)

166.2 ANNUAL LEAVE (GENERAL REPRESENTATION UNIT)

A. Eligibility. Annual leave benefits shall only be provided to those employees in classes assigned to the General Representation Unit. Such annual leave benefits shall be provided in accordance with the following:

1. Full-time Employees. Each employee in a full-time position shall be eligible to receive annual leave after the completion of 1040 hours of service from date of original appointment to a budgeted position. No annual leave shall accrue or be available to the employee prior to the completion of the required 1040 hours.

2. Part-time Employees. Each employee in a part-time position shall be eligible to receive annual leave after completing hours of service equivalent to six months; provided, however, that the six months of service be determined by multiplying the authorized weekly number of hours for the position by 26. No annual leave shall accrue or be available to the employee prior to the completion of the hours of service equivalent to six months.

3. Extra-Help Employees. Extra-help employees shall not earn annual leave.

4. Provisional Employees on Original Appointment. If a provision employee is given a probationary appointment without a break in service, the employee shall be granted credit for hours of service as a provisional employee for purposes of earning annual leave credit.

5. Employees Reappointed from Layoff. Employees who are laid off from a budgeted position 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 annual leave.

6. Reinstated Employees. Employees granted reinstatement within a period of two years following resignation shall be considered as a new employee for purposes of annual leave unless the reinstatement follows layoff from a budgeted position.

B. Annual Leave Allowance.

1. Newly Appointed Employee (Not on 4/10 Schedule in Dispatching Division -

Communications Department).

a. Eligible full-time employees newly appointed shall be credited with approximately 88 hours of annual leave upon completion of 1040 hours of service.

b. Eligible part-time employees newly appointed shall be credited with annual leave 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 section.

c. Thereafter each eligible part-time and full-time employee shall accumulate annual leave for each subsequent completed hour of service as follows:

1040-10,400 hours of service (approximately six month through five years); .0846 hours per hour of service (approximately 22 days per year of service).

10,401-20,800 hours of service (approximately six through ten years); .1038 hours per hour of service (approximately 27 days per year of service).

20,801-31,200 hours of service (approximately 11 through 15 years); .1231 hours per hour of service (approximately 32 days per year of service).

31,201 hours of service and over (approximately 16 years and over); .1423 hours per hour of service (approximately 37 days per year of service).

2. Newly Appointed Employees on 4/10 Schedule in Dispatching Division - Emergency Services. The following applies to regular employees on a 4/10 work schedule in the Dispatching Division of the Emergency Services Department:

a. Eligible full-time employees newly appointed shall be credited with approximately 69 hours of annual leave upon completion of 1040 hours of service.

b. Eligible part-time employees newly appointed shall be credited with annual leave 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 section.

c. Thereafter, each eligible full-time and part-time employee shall accumulate annual leave for subsequent completed hour of service as follows:

1040-10,400 hours of service (approximately six months through five years); .0663 hours per hour of service (approximately 138 hours per year of full-time service).

10,401-20,800 hours of service (approximately six months through ten years); .0856 hours per hour of service (approximately 178 hours per year of full-time service).

20,801-31,200 hours of service (approximately 11 through 15 years); .1048 hours per hour of service (approximately 218 hours per year of full-time service).

31,201 hours of service and over (approximately 16 years and over); .1240 hours per hour of service (approximately 258 hours per year of full-time service).

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

a. Hours of service completed during prior employment with the County by reappointed employees shall be used in determining the annual leave accrual rate.

b. Employees in budgeted positions who were not eligible for annual leave at the time of layoff shall, upon reappointment, be credited with hours of service accrued prior to layoff for purposes of determining the annual leave accrual rate.

c. Payoff of unused annual leave at the time of layoff eliminates all earned annual leave accrued to employees.

4. Employee Moving From another Representation Unit to General Representation Unit.

Current employees who move from another representation unit to the General Representation Unit shall have any balance of vacation hours accrued added to annual leave and such hours shall be subject to the conditions outlined herein for annual leave. Such employees shall then accrue annual leave as specified herein. Such employees shall have any balance of sick leave accrued retained as sick leave credit for use in the case of a bona fide illness subject to the provisions of subsection C 3 b of Annual Leave.

C. Conditions and Limitations of Use.

1. Purpose. Annual leave is a benefit provided for the employee in lieu of vacation and sick leave.

2. Accruals. Employees receiving annual leave accruals shall not accrue vacation or sick leave benefits.

3. Vacation and Sick Leave Benefits Accrued Prior to July 21, 1979.

a. Vacation Accruals. Any balance of vacation hours accrued to an employee in the

General Representation Unit as of midnight on July 20, 1979 shall be added to annual leave and such hours shall be subject to the conditions outlined here-in for annual leave.

b. Sick Leave Accruals. Any balance of sick leave accrued to an employee in the General

Representation Unit as of midnight on July 20, 1979 shall be retained as a sick leave credit for use in the case of a bona fide illness of the employee and subject to provisions as outlined in the Salary, Compensation and Leave Provisions, Subsection

166.4 A, C and D, Sick Leave. For those who terminate employment after the July 20,

1979 date with a sick leave balance remaining to their credit, the provisions as outlined in Subsection 166.4, paragraph F, Conversion of Sick Leave upon Separation shall apply.

c. Regular Employees with Less Than 6 Months Service Upon Conversion to Annual Leave. Employees with less than 1040 hours (approximately 6 months) service at the time of conversion to annual shall be given credit for sick leave and vacation accruals up to midnight on July 20, 1979. Such accruals shall be applied as outlined in paragraphs a and b, above; however, no employee will be eligible to receive such benefits until they have completed 1040 hours of service.

4. Employee Illness. Annual leave with pay can be used in the case of a bona fide illness or incapacity of the employee upon the approval of the department head. The Personnel Director or department head may require evidence in the form of a physician's and/or the County Medical Director's certificate of the adequacy of the reason for any absence due to illness or incapacity of the employee. Any employee who is a member of a bona fide religion, body or sect which has historically held objections to medical science and practices may appeal the requirement to the County Administrative Officer. Employees shall be given reasonable written advance notice of any requirements to provide medical verification. (Res.466-88)

5. Scheduling of Annual Leave. The scheduling of annual leave shall be determined by the department head after mutual consideration of employee convenience and administrative requirements.

6. Care of Immediate Family. An employee may be granted permission to use annual leave in order that he/she may care for a sick or injured member of his/her immediate family requiring his/her care, or in order that he/she may obtain medical consultation to preserve his/her health. Immediate family shall mean son or daughter including variation of step or foster, spouse, parents, grandparents, brother or sister of the employee or any person living in the immediate household of the employee. (Amended 10/14/89)

7. Maximum Accrual. Annual leave credits may only be accumulated to a limit of two and one- half (2 1/2) times the number of annual leave hours being earned in a year. (Amended 10/14/89)

8. Increments. Department heads may allow employees to take annual leave time off in increments as small as .01 hours.

9. No Loss of Credits. No department head shall cause an employee to lose earned annual leave credits.

10. No Duplication with Worker's Compensation. Accrued annual leave 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.

D. Annual Leave Payoff upon Separation. Full-time and part-time employees who are eligible for annual leave under subsection A of this section (166.2) shall be paid the monetary value of any earned annual leave to their credit at the time they separate from County service. Payoff of unused annual leave upon separation eliminates all earned annual leave accrued to employees. (Res. 406-79; Res. 403-79, 7/17/79; Rev. 4/21/81; Res. 637-81; Res. 95-82, 3/16/82; Res. 422-84, 7/24/84; Res. 542-86; Rev. 10/19/91)

166.3 VACATION

A. Eligibility. Vacation benefits shall only be provided to those employees in classes assigned to the Executive Management, the Middle Management Representation Unit, the Law Enforcement Middle Management Representation Unit, the Law Enforcement Representation Unit, the Detention Officer Representation Unit, and the Government Attorneys Association. Such vacation benefits shall be provided in accordance with the following:

1. Full-Time Employees. Each employee in a full-time position shall be entitled to receive a vacation after completion of 2080 hours of service from date of original appointment to a budgeted position. No vacation shall accrue or be available to the employee prior to the completion of the required 2080 hours of service.

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 the completion of the required hours of service equivalent to one year.

3. Elected County Officers. Elected County officers under bond shall not be subject to these vacation provisions.

4. Eligible Executive Management Employees are all executive management employees except elected officials.

5. Extra-Help Employees. Extra-help employees shall not earn vacation leave.

6. Provisional Employees on Original Appointment. If a provisional employee is given a probationary appointment without a break in service, the employee shall be granted credit for hours of service as a provisional employee for purposes of earning vacation credit.

7. Employees Reappointed from Layoff. Employees who are laid off from a budgeted position 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

8. Reinstated Employees. Employees granted reinstatement within a period of two years following separation shall be considered a new employee for purposes of vacation eligibility and accrual unless the reinstatement follows layoff from a budgeted position. (Res. 56-84, 2/7/84)

a. Exception - Law Enforcement Unit. Employees in the Law Enforcement Unit who are granted reinstatement within period of two years following separation shall be considered a new employee for purposes of vacation accrual but shall be given a credit for hours of service accrual prior to separation for purposes of determining eligibility for vacation leave. (Res. 106-92, 3/14/92)

B. Vacation Allowance.

1. Newly Appointed Employees in the Middle Management Unit, Government Attorneys Association (Res 87-08, 4/22/08) and eligible Executive Management Employees.

a. Eligible full-time employees newly appointed shall be credited with 128 hours of vacation upon completion of 2080 hours of service.

b. Eligible part-time employees newly appointed shall be credited 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 section.

c. Thereafter, each eligible part-time and full-time employee shall accumulate vacation leave for each subsequent completed hours of service as follows:

2080-10,400 hours of service (approximately one year through five years); .0615 hours per hour of service (approximately 16 days per year of service).

10,401-20,800 hours of service (approximately six through ten years); .0807 hours per hour of service approximately 21 days per year of service).

20,801-31,200 hours of service (approximately 11 through 15 years); 0.1 hours per hour of service (approximately 26 days per year of service).

31,201 hours of service and over (approximately 16 years and over); .1192 hours per hour of service (approximately 31 days per year of service).

2. Newly Appointed Employees in the Law Enforcement Unit, Correctional Officer Unit and Law Enforcement Middle Management Unit on the 5 Day/8 Hour Work Schedule.

a. Eligible full-time employees newly appointed shall be credited with 112 hours of vacation upon completion of 2080 hours of service.

b. Eligible part-time employees newly appointed shall be credited with vacation on a prorated basis proportionate to the authorized hours of their positions upon completion of the required hours of service under subsection A 2 of this section.

c. Thereafter, each eligible part-time and full-time employee shall accumulate vacation leave for each subsequent completed hour of service as follows:

2080-10,400 hours of service (approximately one year through five years); .0538 hours per hour of service (approximately 112 hours per year of full-time service).

10,401-20,800 hours of service (approximately six through ten years); .0731 hours per hour of service (approximately 152 hours per year of full-time service).

20,801-31,200 hours of service (approximately 11 through 15 years); .0923 hours per hour of service (approximately 192 hours per year of full time service).

31,201 hours of service and over (approximately 16 years and over); .1115 hours per hour of service (approximately 232 hours per year of full-time service).

3. Newly Appointed Employees in the Law Enforcement Unit, Sheriffs Supervisory Unit, and Law Enforcement Middle Management Unit on the 4 Day/10 Hour Work Schedule.

a. Each eligible full-time employee newly appointed shall be credited with 86 hours of vacation upon completion of 2080 hours of service.

b. Eligible part-time employees newly appointed shall be credited 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 section.

c. Thereafter each eligible part-time and full-time employee shall accumulate vacation leave for each subsequent completed hour of service as follows:

2080-10,400 hours of service (approximately one year through five years); .0413 hours per hour of service approximately 86 hours per year of full-time service).

10,401-20,800 hours of service (approximately six through ten years); .0606 hours per hour of service (approximately 126 hours per year of full-time service)

20,801-31,200 hours of service (approximately 11 through 15 years); .0798 hours per hour of service (approximately 166 hours per year of full-time service)

31,201 hours of service and over (approximately 16 years and over); .0990 hours per hour of service (approximately 206 hours per year of full-time service) (Res. 133-2006, 5/2/06)

4. Newly Appointed Employees in Law Enforcement Unit and Correctional Officer Unit on the 7 Day/12 Hour Work Schedule.

a. Each eligible full-time employee newly appointed shall be credited with 80 hours of vacation upon completion of 2080 hours of service

b. Eligible part-time employees newly appointed shall be credited 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 section.

c. Thereafter each eligible part-time and full-time employee shall accumulate vacation leave for each subsequent completed hour of service as follows:

2080-10,400 hours of service (approximately one year through five years); .0385 hours per hour of service approximately 80 hours per year of full-time service).

10,401-20,800 hours of service (approximately six through ten years); .0577 hours per hour of service (approximately 120 hours per year of full-time service)

20,801-31,200 hours of service (approximately 11 through 15 years); .0769 hours per hour of service (approximately 160 hours per year of full-time service)

31,201 hours of service and over (approximately 16 years and over); .0962 hours per hour of service (approximately 200 hours per year of full-time service) (Res. 260-85, 6/15/82)

5. Employees Moving from One Vacation Schedule to Another. Current employees who move from one vacation schedule to another among (1), (2), (3), and (4) immediately preceding, shall retain their accumulated vacation credits and accrue vacation leave at the appropriate rate under the new schedule. Should such employee's accrued vacation credits exceed the maximum accrual under the new schedule, the excess hours shall be credited toward sick leave to the maximum allowable.

6. Employees Moving from General Representation Unit to another Representation Unit.

Current employees who move from the General Representation Unit to another representation unit shall have any balance of annual leave hours accrued added to vacation leave and such hours shall be subject to the conditions outlined herein for vacation. Such employees shall accumulate vacation leave at the appropriate rate under new vacation schedule. Should such employee's accrued annual leave hours exceed the maximum accrual provided under the appropriate vacation schedule, the excess hours shall be credited toward sick leave to the maximum allowable.

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

a. Hours of service completed during prior employment with the County by reappointed employees shall be used to determine the vacation accrual rate.

b. Employees in budgeted positions who were not eligible for vacation payoff at the time of layoff shall, upon reappointment, be credited hours of service accrued prior to layoff for purposes of determining the vacation accrual rate.

c. Payoff of unused vacation leave at the time of layoff eliminates all earned vacation to employees.

C. Limitations on Use.

1. At Convenience of Department. Vacation shall be taken at times designated by the various department heads.

2. Maximum Accrual.

a. Correctional Officer Unit. 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.

b. All Eligible Employees Other Than Detention Officer Unit Vacation credits may only be accumulated to a limit 2.5 times the number of vacation hours being earned. (Res. 482-93, 7/31/93)

3. Increments. Department heads may allow employees to take vacation 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. Law Enforcement Unit, Government Attorneys Association, Middle Management Unit, Law Enforcement Middle Management Unit Detention Officer Unit, and eligible Executive Management Employees - Vacation Loss Protection. To the extent that a department is unable to schedule vacation time for an employee in these units, the vacation time off of such employee, which would otherwise be lost due to being in excess of the maximum accrual rates, shall instead be compensated in cash, except as provided immediately below: On and after July 31, 1993, Executive Management employees and employees in the Middle Management Representation Unit shall no longer be eligible for compensation in cash for vacation in excess of the maximum accrual rate except when so specified in an emergency declared by the County Administrative Officer. (Res. 482-93, 7/31/93) On and after August 14, 1993, employees in the Law Enforcement Middle Management Unit shall no longer be eligible for compensation in cash for vacation in excess of the maximum accrual rate except when so specified in an emergency declared by the County Administrative Officer. (Res. 617-93) On and after October 9, 1993, employees in the Law Enforcement Representation Unit shall no longer be eligible for compensation in cash for vacation in excess of the maximum accrual rate except when so specified in an emergency declared by the County Administrative Officer. (Res.617-93)

6. 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. (1444, 7/1/69; Ord. 1531, 7/14/70; Ord. 1726, 6/20/72; Ord. 2221, 12/16/75; Civil Service Commission Rule XV; Res. 421-77, 7/19/77; Res. 376-77, 6/24/77; Res. 406-79, 7/17/79; Res. 664-79, 12/11/79; Rev. 4/21/81; Res. 637-81, 8/4/81; Res. 706-81, 9/15/81; Res. 56-84, 2/7/84; Res. 422-84, 7/24/84; Res. 17A-85, 12/29/84; Rev. 12/10/85; Res. 542-86; Res. 188-87, 4/7/87; Res. 466-88, 7/19/88; Res. 106-92, 3/14/92; Res. 482-93, 7/31/93; Res. 617-93)

166.4  Sick Leave

166.5 ADMINISTRATIVE LEAVE A. Eligibility.

1. Full-Time/Part-Time Management Employees. Employees in full-time and part-time positions designated as management by the Board of Supervisors including members of the Board of Supervisors but excluding other elected County officials. Elected department heads shall not be eligible for administrative leave. Such elected department heads receive additional salary in lieu of administrative leave.

2. Government Attorneys Association. Employees in full-time and part-time budgeted positions in the Government Attorneys Association are eligible for administrative leave.

3. Extra-Help Employees. Extra-help employees shall not earn administrative leave.

4. Provisional Employees on Original Appointment. A provisional employee on an original appointment to a position designated as management or to a position to the Government Attorneys Association shall be eligible for administrative leave. Such employee shall be considered eligible for administrative leave from the beginning date of the original, provisional appointment.

5. Reappointed Employees. Employees who are reappointed within two years of separation from a management position or a position in the Government Attorneys Association, whether by layoff or other reason, shall begin earning administrative leave upon reappointment. Such employees shall not receive an initial credit or advance of administrative leave upon reappointment.

6. Reinstated Employees. Employees reinstated in a position designated as management or to a position in the Government Attorney Association within two years after resignation shall be eligible to begin earning administrative leave again. Such employees shall not receive an initial credit or advance of administrative leave upon reinstatement.

B. Initial Credit Upon Appointment.

1. Initial Credit.
   1. Full-Time Employees. Eligible employees in full-time positions shall be advanced an initial credit of 40 hours of administrative leave at the time of appointment to a management position or to a position in the Government Attorneys Association. Members of the Board of Supervisors are considered full-time employees. (Res. 260-85, 6/1/82)
   2. Part-Time Employees. Eligible employees in part-time positions shall be advanced an initial credit of administrative leave equal to the number of authorized weekly hours of their position at the time of appointment to a management position or a position in the Government Attorneys Association.
   3. Initial Credit Earnings and Limitations. The initial credit advanced to eligible employees is earned at the rate of .0192 hours for each hour of service following appointment. Initial credit for administrative leave is earned by the employee only during their first year of employment or during their first year of employment upon reappointment provided that a 24-month period has lapsed since their previous employment as a County management employee or as an employee in the Government Attorneys Association. The initial credit shall be used as paid time off only.
      1. Should an employee's scheduled hours change during the first year of employment in or reappointment, no change shall be made in the initial credit received by the employee.
      2. Should the employee not work sufficient hours during the first year of employment to earn credit for the initial hours advanced, the unearned advanced administrative leave shall be deducted from continuing administrative leave or vacation hours to the employee's credit.

C. Continuing Administrative Leave. In addition to the initial credit of administrative leave provided in sub-section B of this section, each eligible employee shall earn .0385 hours of administrative leave for each hour of service (approximately 80 hours per year full-time employees) in a part-time or full-time position.

D. Permissible Uses.

1. Non-trainee management employees and employees in the Government Attorneys Association may elect to utilize any administrative leave to their credit for paid leave or may receive cash payment for such administrative leave at their regular hourly salary rate. Usage of administrative leave for paid leave shall be subject to the same limitations as the use of vacation leave except that no minimum period of employment shall be required at any time before administrative leave may be utilized. Such employees may request at any time a cash payment for all or a portion of the unused administrative leave to their credit.

2. Trainee management employees and Supervisor's Staff Assistants may utilize any administrative leave to their credit for paid leave. Usage of administrative leave for paid leave shall be subject to the same limitations as the use of vacation leave except that no minimum period of employment shall be required at any time before administrative leave may be utilized. (Res. 654a-85, 11/19/85; Res. 552-87, 8/11/87)

3. Effective calendar year 2018, all administrative leave hours accrued must be used as paid time off or cashed out by the last pay date of each calendar year. Unused administrative leave shall not be carried over to future years with the exception of the initial credit upon appointment to a management position which shall be used as paid time only.

E. Maximum Accrual. No eligible employee shall be permitted to accrue more than 120 hours of administrative leave to his or her credit at any time without utilizing the administrative leave for paid leave or cash payment.

F. Separation.

1. Employees who separate from a management position or a position in the Government Attorneys Association shall be paid off for any administrative leave to their credit, including any unused Initial Credit, except as noted below.

2. Use of Initial Credit Before Earned. Employees who, for any reason, separate from a position prior to earning in full the initial credit of administrative leave shall have any administrative leave or vacation leave hours their credit thereupon reduced to the extent the initial credit has been used but not yet earned. In the event the employees do not have sufficient administrative leave or vacation leave hours to their credit to permit the deduction of unearned advanced administrative leave, the monetary value of the unearned advanced administrative leave shall be offset against the separation pay of the employee or otherwise be a charge against the employee. (Res. 664-79; Rev. 4/21/81; Res. 260-82, 6/15/82; Res.654a-85, 11/19/85; Res. 552-87, 8/11/87; 162-88, 4/2/88; Res. 466-88, 7/19/88; Res. 229-17, 10/24/17; Res. 245-17, 11/14/17)

SECTION 166.6 OTHER LEAVES WITH PAY

A. Donation of Blood. All employees may be granted leave with pay from their work for two hours at the time of donating and for purpose of donating blood. Time off from work to donate blood may be taken with the prior approval by the department head. (Res. 422-84, 7/24/84; Res. 255-02, 6/18/02)

B. County Interviews/Examinations. Employees shall be granted leave with pay from their work for a reasonable period of time to participate as candidates in examinations or selection interviews for promotional opportunities with the County, provided they request such leave in advance. (Res. 637-81, 8/4/81; Res. 255-002, 6/18/02)

C. Mandatory Leave with Pay. An appointing authority, with the concurrence of the Personnel Director, may require that an employee be absent from work with pay when necessary for the protection or wellbeing of the employee, fellow employees or the public, provided that such leave with pay shall not continue for more than five working days. (Res. 610-83, 12/13/83; Res. 51-19, 03/26/19)

In the event that the department determines that an internal investigation will require in excess of five days for completion, the County Administrative Officer may authorize additional leave up to six (6) months. (Res. 113-95, 04/04/95; Res. 51-19, 03/26/19)

D. Reserved. Previous Salaried Employee Leave provision was abolished 5/18/93 (Res. 230-92) (Res. 162-88, 3/8/88; Res. 19-93, 1/16/93)

E. Bereavement Leave.

1. Defined: Law Enforcement, Correctional Officer, Sheriff's Supervisory, Law Enforcement Middle Management, and DA Inspector Representation Units: 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 grandparents of the County employee, the sisters and brothers of the County employee, and the children of the County employee. Children are defined as the natural child of the employee, the adopted child of the employee, and the step-child of the employee, and also include the children of the employee's domestic partner. A domestic partner of an employee and the children of that domestic partner are recognized by the County after submission of an Affidavit of Domestic Partnership. Such leave shall be limited to three (3) days per occurrence for deaths occurring within California or five (5) days occurring outside of California.

2. Defined: General Unit, Government Attorneys Association, Middle Management Unit, and eligible Executive Management employees. Eligible employees shall be granted bereavement leave with pay by his/her Appointing Authority in the case of the death of the following family members: The parents of the employee, the parents of the employee's spouse/domestic partner, the step-parents of the employee and/or the employee's spouse/domestic partner, the grandparents of the employee. The brother or sister of the employee, the brother or sister of the spouse/domestic partner of the employee. The children, grandchildren, step-children or adopted children of the employee or of the employee's spouse/domestic partner. Family members listed above pertaining to the employee's 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 within

California or five (5) days per occurrence for death occurring outside of California.

3. Part-time Employees. The hours of bereavement leave for part-time employees shall be proportionate to the number of authorized hours of the employee's position.

4. Exclusions.

a. Elected County Officers. Elected County officers under bond shall not be subject to these bereavement leave provisions.

b. Extra-help Employees. Extra-help employees shall not be eligible for bereavement leave. (Ord. 489, 5/15/56; Ord. 504, 9/25/56; Ord. 1531, 7/14/70; Ord. 1655, 11/23/71; Ord. 1727, 6/20/74; Ord. 2145, 7/1/75; Res. 637-81, 8/4/81; Res. 56-84, 2/7/84; Res. 542-86; Res. 106-92, 3/14/92; Res. 617-93, 8/14/93; Res. 305-97, 8/5/97)

F. Required Court Leave.

1. Regular Employees.

a. During Working Hours. All employees except extra-help 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 assignment.

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, or the period of time taken off as provided in 3. and 4., below.

c. Any employee assigned to swing or graveyard shift, for the hours of required court leave, in accordance with 1., above, shall not be compensated for the period of required court duty but shall receive equal time off as leave with pay during the same or next work period and such leave with pay shall not be considered time worked for purposes of overtime.

d. Employees required to serve in a court of law in accordance with 1, 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.

e. No employee shall be compensated for court attendance pay (163.G) and court leave simultaneously.

2. Extra-Help Employees. Extra-help employees scheduled to work on a day when required to serve as jurors in a court of law shall be granted leave with pay for jury duty only.

3. Salary While on Jury Duty. No deductions shall be made from the salary of employees while on jury duty if they have waived or remitted to the County the fee for jury duty. If they have not so waived or remitted the jury fee, they shall be paid only for the time actually worked in their County positions. (Ord. 564, 7/28/58; Ord. 489, 5/15/56; Ord. 504, 11/25/56; Ord. 1655, 11/23/71; Ord. 2145, 7/1/75; Res. 376-77, 6/24/77; Res. 637-81, 8/4/81; Res. 95-82, 3/16/82; Res. 422-84, 7/24/84; Res. 542-86)

G. Assault Leave. When an employee in the General Representation Unit sustains a physical injury in the course of employment as a result of physical contact with another person which requires medical attention, and providing the injury is reported immediately to the employee's supervisor, she/he shall receive his/her hourly salary rate for regularly scheduled work hours each working day when disabled during the three day waiting period provided by the California Workers' Compensation Act.

H. Natural Disaster/Emergency Leave. In the event of a natural disaster or other conditions for which the Board of Supervisors or County Administrative Officer deems it is necessary to temporarily close an affected County facility, and/or to send employees home for their own health and safety, the County Administrative Officer May Authorize pay for these circumstances.

Subject to the provisions outlined above, pay shall only be authorized at the employees base hourly rate of pay. These hours shall not be treated as service hours for any other purpose. (DOC-2020-498, 6/16/20)

166.7 DISABLED SAFETY EMPLOYEES.

Whenever safety employees become entitled to a leave of absence due to a disability or injury or illness arising out of and in the course of their duties, pursuant to California Labor Code Section

4850, and such employees are absent from duty with pay for a period of 30 days, such employees may be reassigned at the request of the appointing authority and upon the approval of the Director to a special inactive position to permit an appointment to the employees' regular positions. Upon completion of such a reassignment, the employees' vacated positions may be filled through regular appointment procedures. (Ord. 1287, 1/23/68) It shall be the responsibility of the appointing authority to request sufficient funds for the additional position from the Board of Supervisors

SECTION 167
TERMINATION OF NON-CIVIL SERVICE MANAGEMENT EMPLOYEES

A. Employees in positions listed in Subdivision B below shall be entitled to written notice of termination of employment with the County. Such a terminated employee shall be paid severance pay in the amount equivalent to six months of the employee's regular pay, unless the employee is terminated for cause, in which case no severance shall be paid. (Res. 23-2005 2/8/05; Res. 142-76; Res. 788-77; Rev. 4/28/8; Res. 466-88, 7/19/88; Res. 489-75, 12/16/95; Res. 76-2006, 3/7/06; Rev. 6/18/18, BOS Item #11)

B. Included Positions

County Administrative Officer

Assistant County Administrative Officer

Agricultural Commissioner/Director of Weights & Measures

Chief Probation Officer

County Counsel

Director of General Services

Director of Parks, Open Spaces and Cultural Services

Director of Public Works

Health Services Agency Director

Human Services Department Director

Personnel Director

Planning Director

SECTION 168
LEAVE WITHOUT PAY*

168.1 LEAVE OF ABSENCE WITHOUT PAY

A. 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. (Res. 486-90, 8/7/90)

B. Departmental Leave of Absence without Pay.

1. Full-time Employees. A departmental leave of absence without pay shall not exceed 160 working hours. (Res. 106-92)

2. Part-time Employees. A departmental leave of absence without pay shall not exceed hours proportionate to 160 for a full-time employee (e.g., 80 for an employee whose scheduled hours are 20 per week, 120 for an employee whose scheduled hours are 30 per week).

3. 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:

(1) for the purpose of improving the training of the employee for their position or career in the County Service; or

(2) for extended illness for which paid leave is not available; or

(3) in the event of urgent personal affairs that required the full attention of the employees; or

(4) for other personal reasons (other than to seek or accept employment), provided such leave is granted in consistent manner for similarly situated employees.

*NOTE: See Section 168.4 regarding Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) Leaves of Absence.

b. Probationary and Provisional Employees on Original Appointment. Employees on an original appointment with probationary or provisional status may be granted a departmental leave without pay by the appointing authority in the case of illness or where it is clearly in the best interest of the County and requires the full attention of the employee.

c. Extra-Help Employees. Extra-help employees are not eligible for leave of absence without pay.

C. County Leaves of Absence without Pay. Employees may be granted a leave of absence without pay in excess of those provided in paragraphs 1 and 2 of B, above, subject to the prior approval of the Personnel Director. (Res. 706-81, 9/15/81; Res. 106-92) The maximum period of leave of absence without pay is one (1) year, except for a leave of absence for an accepted workers compensation injury, pursuant to Civil Service Rule XI B. (Res. 106-92)

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 guarantees the right of her/his return to a position in the same class in her/his department at his expiration, or an earlier date mutually agreed upon by the department and the employee. (Ord. 489; Ord. 1113; Ord. 1655)

2. Probationary and Provisional Employees on Original Appointment and Non-Civil Service Employees. The granting of a leave of absence without pay to an employee on an original appointment with probationary or provisional status or in a position with non-Civil Service status does not guarantee the right of return.

E. Effect of Leave of Absence without Pay on Service Hours. During any unpaid period of an FMLA/CFRA Leave an employee will not accrue service hours for purposes of step advancement, probationary period, or County service hours, except as may be required by Worker's Compensation provisions. Similarly, no paid leave (e.g. vacation, annual leave, sick leave, administrative leave) will accrue during any leave of absence without pay.

F. Limitation on Use.

1. Employees must use all accumulated compensatory time off prior to the effective date of any leave of absence.

2. Employees must use all earned sick leave prior to the effective date of any leave of absence without pay in case of illness.

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.

G. Failure to Return. Any employee who fails to return upon the expiration of any leave of absence without pay shall be regarded as having automatically resigned. (Ord. 489, 5/15/56; Ord. 1113, 8/3/65; Ord. 1655, 11/23/71; Res. 376-77, 6/24/77; Res. 637-81, 8/4/81; Res. 706-81, 9/15/81)

H. Continuation of Insurance Benefits during Leave without Pay. To assure continuation of insurance benefits, employees must notify the Benefits Division of the County Personnel Department when granted a leave of absence without pay in excess of one pay period. (Res. 422-84, 7/24/84) (Amended 2/5/94, Res. 39-94)

168.2 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 position and to have automatically resigned. Such resignation shall be rescinded by the appointing authority if the employee can show to the satisfaction of the appointing authority that it was impossible to contact the department of employment, provided the employee contacts the department at the first opportunity. The employee may appeal the appointing authority's determination to the Civil Service Commission within the time provided for in County Code Section 4.05.610. The appeal is solely limited to the question of whether it was impossible for the employee to contact the department of employment, and did contact the department at the first opportunity. (Res. 376-77, 6/24/77)

168.3 SUSPENSION

Employees on suspension shall not receive any paid leave for the period of suspension, nor accrue hours of service for purposes of step advancement or completion of probation.

168.4 FAMILY AND MEDICAL LEAVE ACT (FMLA) and CALIFORNIA FAMILY RIGHTS ACT (CFRA) LEAVES OF ABSENCE*

All County employees who meet eligibility criteria and provide appropriate certification for a Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA) Leave of Absence (hereafter referred to as FMLA/CFRA Leave of Absence) as defined under State and Federal law and the provisions below shall be entitled to 12 weeks of paid or unpaid leave in any calendar year.

A. County employees are eligible for FMLA/CFRA Leave of Absence if they have worked for the County for at least one year and have a total of 1000 hours of a combination of time worked and paid leave within the twenty five (25) pay periods preceding the requested leave. Further, the County permits use of FMLA/CFRA Leave of Absence to care for an employee's domestic partner who has a qualifying serious illness and an Affidavit of Domestic Partnership on file with the Benefits Division of the Personnel Department.

B. Any leave of absence request meeting the eligibility criteria for an FMLA/CFRA Leave of Absence, and appropriately certified as such, will be designated as an FMLA/CFRA Leave of Absence.

C. During an approved FMLA/CFRA Leave of Absence without pay, County contributions for employee insurances for the employee and covered dependents will continue in the same manner as if the employee was in paid status.

D. Employees returning from an approved FMLA/CFRA Leave of Absence shall have the right to return to the same or equivalent position, unless otherwise provided in Federal or State law.

E. During any unpaid period of an FMLA/CFRA Leave an employee will not accrue service hours for purposes of step advancement, probationary period, or County service hours. Similarly, no paid leave (e.g. vacation, annual leave, sick leave, administrative leave) will accrue during any leave of absence without pay.

*See Section 168.1 for other leaves of absence without pay, which are not covered by the Federal Family and Medical Leave Act of 1993 (FMLA) Final Rule, January 2009 and the Moore-Brown- Roberti California Family Rights Act of 1993 (CFRA). (Section 168.4 added 2/5/94, Res. 39-94)

SECTION 169
EMPLOYMENT OF RETIRED ANNUITANTS

1. This regulation applies to those employees who are retired from a CalPERS agency and accept employment with the County of Santa Cruz (hereinafter "retired annuitants").
2. Effective January 1, 2013, in most cases, a retired annuitant must have a bona fide separation in service of at least 180 days before beginning post-retirement employment.
3. A retired annuitant is limited to working 960 hours per fiscal year. A retired annuitant is prohibited from "volunteering" hours.
4. A retired annuitant's compensation must be paid at an hourly rate that is neither more nor less than the monthly base salary paid to other employees performing comparable duties divided by 173.333.
5. A retired annuitant must be appointed for a limited duration. Limited duration shall mean that a retired annuitant may be hired to a) fill a vacant budgeted position as an interim while a recruitment is taking place; or b) to prevent a stoppage of public business; or c) assist on a special project; or d) help reduce or eliminate a backlog of work; or e) perform work in excess of what a regular employee is able to do.
6. A retired annuitant appointment must have a beginning date and an end date.
7. A retired annuitant must possess some previous experience or special skill, as determined by the Department Head, which makes the retired annuitant the appropriate party to perform the desired work.
8. All retired annuitant appointments are subject to the recommendation of the Personnel Director and the approval of the County Administrative Officer. (Res. 194-2014, 8/19/14)

APPENDIX A: CRITERIA FOR ALTERNATE SALARY RANGES UNDER SECTION 161 O

1. ALTERNATE RANGES B AND C - DA/CHILD SUPPORT ATTORNEY CLASSES - 8/08

ALTERNATE RANGE B

The hourly rate salary for each step in alternate range B shall be 5.0% above the hourly rate for each step in the standard (base) salary range.

Alternate range B shall apply to an employee in a budgeted position in the classes of Child Support Attorney III or Child Support Attorney IV, when assigned responsibility to supervise a working unit of other attorneys, providing that such application is consistent with the allocations designated by the Personnel Director. The assignments shall include: assignment and review of cases of subordinate staff; preparation of employee performance evaluations for subordinate staff; provision of technical and administrative supervision and advice and training to subordinate staff; maintaining liaison with related departments and agencies on the types of cases for which responsible.

A maximum of one employee may be placed at alternate range B for Child Support Attorney III and Child Support Attorney IV.

ALTERNATE RANGE C

The hourly rate salary for each step in alternate range C shall be 10% above the hourly rate salary for each step in the standard (base) salary range.

Alternate range C shall apply to an employee in a budgeted position in the class of Attorney III - DA or Attorney IV-DA who are assigned responsibility as an expert attorney with responsibility for the litigation and negotiation of the most complex and intricate civil and criminal cases, including high profile major cases, and responsibility for the technical and administrative supervision, advice, and training of subordinate staff. Additionally, the determination of eligibility for this alternate salary range will be at the sole discretion of the District Attorney, and each employee shall report directly to the District Attorney or Chief Deputy District Attorney. Employees who have successfully completed the required mandatory probationary period of six (6) months, may be eligible for placement at alternate range C. The maximum allocation for the alternate range C shall be nine (9) positions.

(Originated 1/93 Amended 7/97, 7/98, 2/2001, 7/02, 8/12/08 Res. #190-2008, 6/23/15 Res. #811, 11/16/21 Res. #292)

2. PLANNER IV - ALTERNATE RANGE B CRITERIA
(12/14/93; Res. 184-2014, 6/24/14)

The alternate rate salary for each step in the alternate range B shall be 5% above the hourly rate for each step in the standard (base) salary range for Planner IV. Alternate range B shall apply to an employee in a budgeted position in the class of Planner IV when assigned as the Zoning Administrator or Code Compliance Administrator. The Zoning Administrator assignment shall include: reviewing and making decisions on development proposals with respect to zoning adjustment and land use applications by conducting public hearings and issuing findings, including issuing development permits, coastal permits, variances, and other special reviews; assists other departments, various committees and the public in interpreting the Zoning Ordinance; ensuring that private development conforms with environmental and all other applicable County regulations; hearing and ruling on all administrative appeals. The Code Compliance Administrator assignment shall include: supervisory responsibility of the Code Compliance section; coordinate resolution of code cases; analyze complex land use scenarios and apply investigative techniques based on a thorough application of the Zoning and Environmental regulations; conduct field investigations; issue notices of violation; prepare cases for administrative hearing review; and represent the County at public hearings and trials. A maximum of one employee, who has successfully completed the required mandatory probationary period of six (6) months, may be placed at alternate range B for Planner IV. Employees placed in alternate range B will be subject to a review for continued eligibility during each six-month period of assignment.

3. WASTEWATER DISPOSAL TECHNICIAN - ALTERNATE RANGE B CRITERIA (6/12/99)

The hourly rate for alternate range B shall be set at salary range JI. Alternate range B shall apply to an employee in a budgeted position in the class of Wastewater Disposal Technician when assigned responsibility to administer the San Lorenzo Valley Watershed Loan Program, provided that such application is consistent with the allocations designated by the Personnel Director. The assignment shall include: Interface with the State of California and lending institutions to develop and implement specific measures for the SLV Watershed Loan Program, including procedures, fees, budgets and forms. Coordinate loan applications and processing. Prepare reports necessary to comply with State loan program requirements. Investigate and develop measures to provide funding for property owners that cannot qualify for standard loans. Advise and counsel eligible property owners about requirements for obtaining Environmental Health Services repair permits and gaining Certificate of Compliance and securing low interest loans to finance repairs. Inspect properties to determine eligibility and ensure compliance with Environmental Health Services codes and lending stipulations. Issue Certificate of Qualification for projects. Coordinate loan process with lenders, public agencies, title and escrow companies, appraisers, contractors and applicants. Assist in securing necessary permits and bid packets. Monitor repair progress. Approve progress payments and disbursements of loan proceeds. Certify satisfactory completion of work. Provide information concerning loan program to the public and other interested parties.

4. PROGRAM MANAGER - HSD & ASSISTANT DIVISION DIRECTOR - HSD - ALTERNATE RANGE B CRITERIA (Res. 170-2017, 6/27/17; Res. 265-2017, 12/12/17; 6/13/23)

The alternate salary for each step in the alternate range B shall be 5% above the hourly rate for each step in the standard (base) salary range for, Program Manager - HSD or Assistant Division Director - HSD.

Alternate range B shall apply to an eligible employee in a budgeted position in the class of, Program Manager - HSD or Assistant Division Director - HSD when assigned by the Human Services Director to work in the Family and Children's Services Division or Adult Protective Services Program.

PERSONNEL REGULATIONS AND REFERENCES OF Santa Cruz COUNTY SECTION 160 SALARY, COMPENSATION AND LEAVE

NOTE: Section 160 was originally adopted as Resolution 247-76 on 5/18/76; was recodified 2/14/78; was recodified 7/24/84, Res. 422-84; was recodified 9/23/86, Res. 542-86; was recodified 7/19/88, Res. 466 88; was recodified 8/7/90, Res. 486-90; was updated 3/16/93, Res. 115-92; and updated 12/14/93, Res. 617-93.