ARTICLE 1 MEMORANDUM OF UNDERSTANDING

This is a Memorandum of Understanding between the Management Negotiating

Team for the County of Santa Cruz and the Negotiating Team for the Santa

Cruz County Management Association (herein after "Association"). Both

parties agree that this Memorandum is a result of meeting and conferring in

good faith under the terms of State law and County regulations. This Memo-

randum of Understanding contains the complete results of negotiations be-

tween the County of Santa Cruz and the Santa Cruz County Management Associ-

ation for County employees in the Middle Management Representation Unit for

the period beginning November 3, 1997 and ending December 5, 2000. Both

parties agree that the results of these negotiations are equitable and fair

compensation for all employees in the Representation Unit. Both parties

agree to support and uphold the obligations conferred upon them by this

agreement. Unless otherwise indicated therein, all provisions shall become

effective December 27, 1997.

ARTICLE 2 RECOGNITION

The County of Santa Cruz recognizes the Santa Cruz County Management Asso-

ciation as the exclusive bargaining representative for all employees in

budgeted ("permanent") positions within the Middle Management Representa-

tion Unit. Such representation and this Memorandum shall not apply to ex-

tra-help.

ARTICLE 3 PEACEFUL PERFORMANCE OF COUNTY SERVICE

The Association, its agents and the employees it represents, agree that

there shall be no strike, work stoppage, or any other concerted interfer-

ence with operations, or any picketing, or any refusal to enter upon the

County's premises or work site during the term of this Memorandum of Under-

standing.

Any employee who participates in any of such prohibited activities shall be

subject to discharge or such lesser discipline as the County shall deter-

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

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

ticipated in such prohibited activity.

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

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

ference with operations, picketing, or refusal by employees to enter upon

the County's premises or work site, the County may immediately suspend or

revoke the voluntary payroll deductions provided, however, the Association

will have recourse to the Civil Service Commission as to the sole questions

whether the Association, or its staff or Board of Directors engaged in such

prohibited activity.

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The inclusion of this Article in this Memorandum of Understanding shall in

no way be deemed to preclude or stop the County or the Association from

seeking any form of legal or equitable relief to which it may be entitled

during the term of this Memorandum of Understanding or at any other time.

ARTICLE 4 EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION

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

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

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

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

an's status, or any other non-merit factor except where sex or physical

capability is determined to be a bona fide occupational qualification after

consideration of reasonable accommodation factors in relation to the essen-

tial job duties of the position. The parties also agree to support Affirma-

tive Action efforts which are intended to achieve equal employment opportu-

nity as provided for in Federal and State requirements.

ARTICLE 5 SAFETY

The Association and the County agree that it is in the best interests to

all concerned to provide a safe and healthy working environment. The County

abides by the safety standards established by the State Division of Indus-

trial Safety and pursuant to the Occupational Safety and Health Act.

In order to assure that health and safety hazards are dealt with on a time-

ly basis, the following procedures shall be used to deal with potential

hazards:

1. Employees shall report health or safety hazards to their immedi-

ate supervisor.

2. If the immediate supervisor is unable to abate the hazard, the

matter shall be referred to a Departmental Safety Representative

who will meet with the employee and immediate supervisor regard-

ing the matter. Each department head will designate a Department

Safety Representative.

3. If the matter cannot be resolved by the Department Safety Repre-

sentative it will be referred to the County Safety Officer for

resolution. The County Safety Officer shall make a reasonable

effort to investigate and act.

Additionally, the Association shall appoint one representative to meet with

the County Safety Officer each month regarding the County Safety Program.

Activities may include accompanying the Safety Officer on safety inspec-

tions, review of reports on hazards and development of advisory programs

and service on safe work practices.

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The County and the Management Association agree to participate in a Task

Force to address the areas of ergometric concern related to employee use of

video display terminals.

The County further agrees, pending issuance of CAL/OSHA standards in rela-

tionship to VTD use, to accommodate a female employee who provides a doc-

tor's certification of pregnancy, and further provides a doctor's certifi-

cation that the employee's use of a VTD would be disabling in relationship

to this pregnancy. Accommodation may include relief of VTD assigned respon-

sibilities or a disability leave without pay.

ARTICLE 6 PRODUCTIVITY

The parties to this agreement support the concept of high performance and

high productivity in order to provide a high level of service to the commu-

nity at reasonable cost. Except as otherwise provided in this agreement,

the parties agree to support changes initiated by the County which are

intended to increase the efficiency or effectiveness of County operations.

ARTICLE 7 NOTIFICATION OF CHANGE IN STATUS

7.1 NOTIFICATION OF CHANGE IN STATUS

A. It shall be the duty of the County to notify the Association

whenever the service of any County employee in a class in this

unit are engaged or terminated.

B. The County shall provide the Association on a quarterly basis

with a listing of employees filling positions in classes repre-

sented by the Association. The County shall bear the costs of

providing the listings.

C. The County Personnel Director may, at the request of the Associa-

tion, provide notice to employees in this representation unit of

Association meeting times and dates related to negotiations.

7.2 NOTIFICATION TO EMPLOYEE

The current Memorandum of Understanding (MOU) is available to employ-

ees on the mainframe computer OPRI system. Departments will make a

hard copy of the current MOU accessible to employees in this represen-

tation unit who do not have access to the mainframe computer system.

ARTICLE 8 ANNUAL PHYSICAL EXAMINATION & VISION CARE ALLOWANCE

Prior to December 7, 1991 employees in this representation unit received an

annual physical examination and vision care reimbursement allowance of $300

per year. On or after December 7, 1991, the annual physical examination and

vision care allowance shall no longer apply.

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Effective December 7, 1991 employees in this representation unit shall be

placed in the vision care plan.

Effective December 7, 1991, employees in this representation unit shall

receive a $0.12 an hour adjustment to their base hourly salary rate in lieu

of the previous physical examination reimbursement allowance.

ARTICLE 9 SCHEDULED HOURS

The authorized hours of a budgeted position constitute the normally sched-

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

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

full-time position, and 40 hours in a pay period are the normal schedule of

work hours for an employee in a half-time position). However, "normal" work

hours shall not be construed to mean a guarantee of hours of work.

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

or 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 Article 33. If an employ-

ee'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.

The scheduled hours of work of an employee may also be reduced pursuant to

Article 29.

ARTICLE 10 EFFECTIVE DATE OF TRANSACTIONS

Personnel/payroll transactions not effective on the first day of a pay

period shall have an effective date of the first day of the next pay peri-

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

Controller. Examples of such transactions include: transfers, promotions,

demotions. Step increases which would be effective the first week of the

pay period shall have an effective date of the first day of that pay peri-

od; step increases which would be effective the second

week of the pay period shall have an effective date of the first day of the

next pay period.

The following transactions are excluded from the provisions of this arti-

cle: original appointments; separations; leaves of absence without pay,

return from leave absence without pay; displacement; work in a higher class

appointment; return from work in a higher class appointment.

ARTICLE 11 PAY

11.1 A. Basic Pay Plan. The basic pay plan consists of the

salary ranges and the assignment of classes to such ranges pro-

vided for in the County Salary Resolution. Each employee shall be

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paid within the range for the class unless otherwise provided in

this Article (11).

B. General Salary Adjustments.

1. Effective January 10, 1998, the hourly rates for steps in

salary ranges for all classes in this Unit shall increase by

3.0%.

2. Effective February 6, 1999, the hourly rates for steps in

salary ranges for all classes in this Unit shall increase by

2.6%.

3. Effective March 4, 2000, the salary schedule for classes in

this Unit shall be modified as follows:

a. The existing first step shall be deleted. Individuals

at the first step shall be moved to the current step 2.

Thereafter, they shall be eligible for advancement to

the next step after 2080 hours of service.

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

the salary range approximately five (5%) percent above

the existing top step. Any employee at the current top

step who has completed 2080 hours of service at that

step shall be immediately eligible for advancement to

the new top step. Employees not yet qualified for

advancement to the new top step shall be eligible for

advancement in accordance with regular step advancement

rules.

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

salary range as steps 1 through 6 and the new top step

will be identified as step 7.

C. Equity Adjustments. The parties agree to the equity adjustments

shown below on Exhibit A.

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Exhibit A

Accounting Manager

Administrative Services Officer I, II and III

Assistant Chief of Fiscal Services-HSA

Assistant County Recorder

Assistant Vector Control Manager

Audit & Systems Manager

Budget & Tax Manager

Building Services Superintendent

Chief Auditor-Appraiser

Chief Building Inspector

Chief of Assessment Standards

Chief of Fiscal Services-HSA

Chief Pharmacist

Chief Welfare Fraud Investigator

Deputy Agricultural Commissioner/Sealer

Deputy Clerk-Board of Supvrs

Deputy Court Administrator

Director of Laboratory Services

Division Director-Valuation/Admin

Elections Manager

Family Support Manger

Fiscal Officer-HRA

Fiscal Officer-Planning

Health Center Manager

Information Services Division Manager

Information Systems Manager-HSA

Information Systems Manager-HRA

Probation Division Director

Social Services Data Systems Coordinator

Substance Abuse Program Manager

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11.2 REQUIREMENTS FOR STEP INCREASES

A. Step advancements are predicated upon merit and length of service, and

each part-time or full-time employee in a budgeted position may receive an

increase at the completion of each number of hours of service, specified

herein below, up to and including the maximum step in the employee's salary

range as set forth in the salary resolution of the County.

The steps of each salary range shall be interpreted and applied as

follows:

1. The first step in each salary range is the minimum rate and

may be the hiring rate for the class.

2. The second step may be paid at any time after 2080 hours of

satisfactory or better service at the first step as evi-

denced by a meets job standards, exceeds job standards or

outstanding overall employee performance rating and upon the

recommendation of the appointing authority.

3. The third step may be paid at any time after 2080 hours of

satisfactory or better service at the second step as evi-

denced by a meets job standards, exceeds job standards, or

outstanding overall employee performance rating and upon

recommendation of the appointing authority.

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

satisfactory or better service at the third step as evi-

denced by a meets job standards, exceeds job standards, or

outstanding overall employee performance rating and upon

recommendation of the appointing authority.

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

satisfactory or better service at the fourth step as evi-

denced by a meets job standards, exceeds job standards or

outstanding overall employee performance rating and upon

recommendation of the appointing authority.

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

satisfactory or better service at the fifth step as evi-

denced by a meets job standards, exceeds job standards or

outstanding overall employee performance rating and upon

recommendation of the appointing authority.

7. The seventh step may be paid at any time after 2080 hours of

satisfactory or better service at the sixth step as evi-

denced by a meets job standards, exceeds job standards, or

outstanding overall employee performance rating and upon

recommendation of the appointing authority.

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B. 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 posi-

tion, whether overtime or otherwise, shall not be included in

hours of service.

a. Exceptions. Military leave and time off due to an occupa-

tional 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 increas-

es accrue by class, beginning from the most recent date of ap-

pointment.

C. Failure of the employee's supervisor to complete an evaluation for

a step advancement in accordance with Article 12 shall be considered

to be a recommendation be appointing authority for step advancement

effective on the date the employee is eligible for step advancement.

11.3 Should a new employee (on original appointment) be appointed at an

advanced step in the salary range for a class in this unit, current employ-

ee at lower steps in the class with equal or higher qualifications will be

advanced to the same step, in accordance with the procedure outlined below.

Upon the appointment of a new employee to step 4 or a higher step in the

salary range for a class, the Personnel Director shall review the personnel

records on file of any current regular employees in the class to determine

whether any possess equal or higher qualifications. If the Personnel Direc-

tor determines that current employees in the class have equal or higher

qualifications, she/he shall approve the placement of such current employ-

ees to the same step as the new employee. The Personnel Director's determi-

nation shall be final.

11.4 STEP PLACEMENT AND STEP ADVANCEMENT UPON APPOINTMENT TO HIGHER CLASS

A. Definition. A higher class is one in which the fifth step hourly

rate of the range for the new class is greater than the fifth step

hourly rate of the range for the current class.

B. Application. This provision shall apply to all types of appointment

to a higher class, except a reappointment from displacement, including

promotion (including promotion through upward reclassification or

through alternate staffing), appointment to a former higher class and

a "work in a higher class" appointment.

C. Step Placement. The salary of employees who are appointed to a

higher class within the Middle Management Representation Unit shall be

placed at the step in the salary range for the higher class which will

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provide an increase above the salary step for the lower class which is

closest to 10%.

D. Step Advancement. The beginning date for purposes of accrual of

hours of service for step advancement shall be the most recent date of

appointment to the higher class.

11.5 STEP PLACEMENT AND STEP ADVANCEMENT UPON APPOINTMENT TO LOWER

CLASS OR DOWNWARD RECLASSIFICATION

A. Definition. A lower class is one in which the fifth step hourly

rate of the range for the new class is less than the fifth step hourly

rate of the range for the current class.

B. Appointment to a Lower Class Other than Downward Reclassification

1. Application. The provisions of paragraphs 2. and 3. below

shall apply to all types of appointment to a lower class, except

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.

2. 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.

3. 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.

C. Downward Reclassification.

1. 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 accrued seniority which would apply to the for-

mer class. All other benefits and rights of employee representa-

tion 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

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trainee, the employee will be treated as a non-salaried employee

with respect to: Article 14, Overtime, and any accrued compensa-

tory time shall be paid off upon commencement of such overfill;

Article 16, Salaried Employee; and Article 27, Administrative

Leave, and cash payment for administrative leave will not be

authorized in any pay period in which there is overtime.

Overfill provisions of the County shall be terminated at such

time as the equivalent step within the salary range for the new

class rises to meet or exceed the equivalent step in the salary

range of the former class. In such event, the reclassified em-

ployee'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 pro-

tection provisions shall apply.

During the overfill period, the employee's name shall be certi-

fied to vacant positions in the former class in (i) the same

department in order of seniority, and (ii) other departments. An

employee who is overfilling shall be demoted to the new class

upon:

(a) refusal of one offer of employment in the former class

in the same department; or

(b) refusal of three offers of employment in the former

class in other departments; or

(c) the termination of a five year overfill period, whichev-

er of the foregoing occurs first.

2. Y-Rate. An employee who is placed on the Y-rate shall retain

their current salary rate in the former class for a period of two

years or until any step within the salary range for the new class

rises to meet or exceed the frozen salary rate, whichever occurs

first. The frozen salary rate shall be designated as a Y-rate.

All other benefits and rights of employee representation which

are associated with the new class to which reclassified shall

apply to the incumbent employee while in the Y-rate status. Where

the salary rate for any step within the range for the new class

rises to meet or exceed the Y-rate salary, the employee's salary

shall be adjusted to that step within the range which is closest

to but not less than the Y-rate salary. If at the expiration of

the two year Y-rate period the employee's salary rate is higher

than the maximum established for the lower class, the employee's

salary rate shall be adjusted to the maximum for the lower class.

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ARTICLE 12 EMPLOYEE RIGHTS

12.1 ADVERSE ACTION

No adverse action shall be taken against any employee based upon ma-

terial and/or documentation of which the employee has not been

informed. A copy of any material and/or documentation used by the

department as a basis for substantiating the action shall be provided

the employee. "Adverse action" is defined as a dismissal, demotion,

suspension, placement at a lower salary step in the salary range of

the employee, written reprimand, or transfer for purposes of punish-

ment.

Nothing in this section shall be construed to modify County Code or

Civil Service Rule provisions regarding disciplinary actions -- i.e.,

dismissal, suspension, and demotion.

12.2 PERSONNEL FILES

The personnel file of each employee shall be maintained in the Person-

nel Department. Written material or drafts of written materials to be

placed in an employee's file shall bear the employee's signature or

verification that the employee received a copy.

Employees shall be provided with copies of any written personnel re-

lated material except routine clerical transactions. The employee or

his/her designated representative shall be given a reasonable period

of time during normal working hours, and without loss of pay, to pre-

pare a written response to such material. The written response shall

be placed in the employee's personnel file.

An employee and/or his/her designated representative shall have the

right at any reasonable time without loss of pay to examine and/or

obtain a copy of any material from the employee's personnel file in

accordance with administrative procedures with the exception of ma-

terial that was obtained prior to the appointment of the employee

involved.

All personnel files, including the file maintained in the Personnel

Department and the operating department, shall be kept in confidence

and shall be available for inspection by only the named employee,

his/her designated representative, the Personnel Department in the

performance of duty, and the supervisor/administrator with the specif-

ic responsibility to know its contents. Employees may designate a

representative, who, upon authorization of the employee, shall have

access to that employee's personnel file for the purpose of assisting

or advocating the rights of such employee. Any person reviewing an

employee's file in the County Personnel Department (except for routine

clerical transactions) shall be noted and dated in the employee's

file.

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12.3 EVALUATION

Each employee's supervisor is responsible for evaluating the employees

performance. Failure of the supervisor to present the employee with an

evaluation within 30 calendar days of the due date, unless mutually

agreed upon in writing, shall result in a satisfactory overall perfor-

mance evaluation rating for the employee as of the due date. No exten-

sion will be granted beyond 90 days.

ARTICLE 13 MANAGEMENT TRAINEE DEFINED

For purposes of clarification under the Fair Labor Standards Act, a manage-

ment trainee is defined as follows:

A management trainee is an employee in a budgeted position who is

serving a probationary period in a management classification which is

identified in the class specification as the trainee level, and who

performs work of an "administrative," ..professional," or "executive"

nature.

It is anticipated that, by the completion of the probation period, the

employee will have progressed to a level where s/he is performing work

under only general supervision and is customarily and regularly exercising

discretion and independent judgment.

For informational purposes, an example of such a trainee class would be

Assistant Departmental Administrative Analyst.

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ARTICLE 14 OVERTIME

A. DEFINITIONS. For purposes of this Article, the following terms are de-

fined:

1. "Holiday" means those days specified in this Memorandum of

Understanding as holidays.

2. "One-Week Work Period" means seven consecutive days, commenc-

ing Friday at midnight (12:01 a.m. Saturday) and ending the next

Friday at midnight (12:00 a.m.), unless a different seven consec-

utive day (168 consecutive hour) period as been approved by the

County Administrative Officer.

3. "Two-Week Work Period" means an 80-hour period during two

weeks, commencing Friday at midnight (12:01 a.m. Saturday) and

ending the second Friday thereafter at midnight (12 a.m.).

4. "Overtime"

a. Trainee Management Employees. For trainee management

employees, compensable overtime means authorized time worked

in excess of 40 hours in a one-week work period.

b.Non-trainee Management Employees. For non-trainee manage-

ment employees, compensable overtime means authorized time

worked in excess of 90 hours per two-week work period.

B. AUTHORIZATION. Provided the budgetary limits are not exceeded, depart-

ment heads may authorize overtime for employees within their depart-

ment when the workload in the department dictates the need.

1. Emergencies. In cases of emergency, budgetary limits may be exceed-

ed but department heads shall report the action to the County Adminis-

trative officer on the first regular work day following the perfor-

mance of the overtime worked.

2. Advanced 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 shall be granted at the convenience of the department head.

4. Eligibility. All employees are eligible for overtime compensation

except as otherwise provided herein.

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 exclud-

ed employees.

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6. Eligibility-Physicians. Physicians in this representation unit may

be compensated for overtime subject to approval of the Health Services

Administrator and the County Administrative Officer.

C. COMPUTATION.

Unless specifically provided immediately below, paid time off from

work for any purpose shall not count as time worked for purposes of

overtime, including but not limited to: vacation, sick leave, compen-

satory time off, paid leave for participation in County examinations

or selection interviews or for purposes of donating blood, pay for

time not worked in the event of a natural disaster, mandatory leave

with pay, and required court leave.

1. Holidays.

a. When a holiday falls on an employee's regular work day, the

hours of holiday leave shall be counted as time worked for pur-

poses 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 computing overtime.

b. Holidays which occur on a day other than the employee's regu-

larly scheduled work day shall not be counted as time worked for

purposes of computing overtime.

D. COMPENSATION.

1. 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 FLSA "regular" hourly rate. (See

29 Code of Federal Regulations, Section 778.107 foward for definition

of FLSA " regular rate.")

2. Non-trainee Management Employees. For non-trainee management em-

ployees who are authorized to receive compensation for overtime by

Board action, the first sixty-seven (67) hours of authorized overtime

shall be credited as compensatory time earned at time and one-half for

each overtime hour worked. Any balance of compensation time existing

upon separation shall be compensated in cash at one and one-half times

the employee's hourly salary rate.

In the event of a strike by non-management employees or an emergency,

the County Administrative Officer may authorize cash payment for com-

pensable overtime hours.

E. CALL-BACK DUTY.

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.

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Responses to phone calls or performing work at home shall not be con-

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

time worked.

Travel time to and from the work site shall not be considered time

worked.

2. Compensation.

a. Standard. Employees, except those specified in b. and c. imme-

diately below, who are called back shall be compensated for actu-

al time worked, provided that a minimum of two hours of overtime

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.)

b. Exception - Trainees. 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. Exception - Physicians. Employees in the Middle Management

Representation Unit who are physicians (e.g., Assistant Health

Officer, Medical Director-HS Clinics, Program Chief-MH Services)

shall receive straight time overtime for the actual hours worked,

provided that a minimum of two hours of compensation shall be

allowed for all time worked on call back of less than two hours.

3. Call back compensation shall be administered consistent with the

provisions of this Article (14).

ARTICLE 15 PREMIUM PAY - GENERAL

A. APPLIED TO BASE HOURLY RATE.

Each type of premium pay (e.g., Night Shift Differential) shall be

applied separately against the base hourly rate of the employee re-

ceiving the premium(s).

B. NOT APPLIED TO OVERTIME.

Premium pay differentials shall not apply to overtime worked, except

for management trainees.

ARTICLE 16. OTHER PROVISIONS

1. The County may conduct and implement pay equity studies during the

term of the agreement and shall not be obliged to meet and confer or

reach agreement on such actions. The County shall notify the Associa-

tion of such actions prior to Board action.

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2. The County shall, within the limitations of Article 33.10 and Civil

Service Rules, certify a laid-off employee with the greatest seniority

in a class to the first extra-help assignment which occurs in that

class.

3. Should Federal legislation be implemented during the course of the

agreement which affects the County health plan, the parties agree to

reopen the agreement to consider the direct cost impact on the County

of this legislation.

4. Existing and newly appointed employees in the Middle Management Repre-

sentation Unit will have their paychecks automatically deposited in a

participating financial institution. New employees have two pay peri-

ods from the date of appointment to a position in this unit to com-

plete a payroll authorization form for a participating financial in-

stitution. Payroll authorization forms are available from the employ-

ee's departmental payroll clerk.

ARTICLE 17 ON-CALL DUTY

A. DEFINED. On-call duty is defined as the requirement by the County

for an employee to leave a phone number where the employee can be

reached during off-duty hours, or carry a pager during off duty hours,

and the employee must be able to report to a specified job site within

a one hour period. To be assigned on-call duty, an employee must be on

a written on-call departmental schedule that has been approved by the

County Administrative Officer.

B. COUNTY ADMINISTRATIVE OFFICER APPROVAL. No employee may be compen-

sated for on call duty until approved by the County Administrative

officer. Review by the County Administrative Officer shall include a

determination of the need for the use of on call, and a determination

that the on-call situation is to be utilized to the advantage of the

County.

C. TIME WORKED.

1. Time spent in answering phone calls or responding to calls by

phone is considered actual hours worked (which counts towards

overtime).

2. An employee who is called back to duty shall be considered

on-call until he/she reaches the job site. Travel time to the job

site shall not be considered time worked.

3. a. 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.

b. Employees eligible for overtime compensation. Time worked

16

shall be deducted from the prescribed on- call shift to deter-

mine the appropriate on-call pay, for employees eligible for

overtime compensation.

D. COMPENSATION

An employee assigned on-call duty shall be compensated at a rate of

$2.00 per hour for a period when assigned to be on-call (or $16.00 for

an eight hour period, $32.00 for a sixteen hour period, and $48.00

for a twenty-four hour period).

Effective on and after July 31, 1993, on-call duty shall be compensat-

ed at a rate of $1.00 per hour for a period when assigned to be on-

call.

E. No employee shall be compensated for on-call duty and call-back

duty simultaneously. (See Article 14 E.)

ARTICLE 18 DIFFERENTIALS

18.1 NIGHT SHIFT

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

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

lar work assignment shall be paid at a rate of five percent (5%) above

their regular salary step as and for a night shift differential.

18.2 BILINGUAL PAY DIFFERENTIAL

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

per hour on the hourly rate where: the position is designated as re-

quiring bilingual skills at Level One and the employee is certified as

qualified at Level One by the County Personnel Director. The County

shall provide bilingual payment of an additional $0.70 per hour on the

hourly rate where: the position is designated as requiring bilingual

skills at Level Two and the employee is certified as qualified at

Level Two by the County Personnel Director.

"Level One" is the ability to converse in the second language(s) and

to read English and translate orally into the second language(s).

"Level Two" is the ability to converse in the second language(s); to

read English and translate orally into the second language(s); read

the second language(s) and translate orally into English; and to write

in the second language(s).

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

after the criteria outlined herein are met.

C. The County shall periodically review positions covered by these

provisions to determine the number, location, language and/or level of

bilingual skill required of positions to be designated as requiring

17

bilingual skills. The County may require retesting of employees for

the purpose for certifying that employees possess the necessary skill

level.

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

cease to be met.

E. The provisions of this Article, 18.2, shall become effective July

3, 1993.

18.3 LONGEVITY DIFFERENTIAL

A. Prior to 5/2/98:

Employees in this representation unit who have completed 62,401 County

Service Hours shall be paid a Longevity Differential equivalent to 3%

of their base hourly rate.

B. On and After 5/2/98:

Employees in this representation unit who have completed 52,001 County

Service Hours (equivalent to approximately 25 years of full-time ser-

vice) shall be paid a Longevity Differential equivalent to 3% of their

base hourly rate.

ARTICLE 19 BUSINESS EXPENSE ALLOWANCE

Prior to December 7, 1991, eligible employees in this representation unit

received a business expense allowance of $150 per quarter. On and after

December 7, 1991, the business expense allowance shall no longer apply.

Effective December 7, 1991, employees in this representation unit received

a $0.29 an hour increase in their base hourly salary rate in lieu of re-

ceipt of the previous business expense allowance.

ARTICLE 20 REIMBURSEMENT FOR LICENSES OR CERTIFICATES

20.1 Employees shall, upon proper application, be reimbursed for the cost

of licenses or certificates required to perform their duties under the

following conditions:

A. 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;

provided, however, that reimbursement shall be provided for class

A and B license fees, where such licenses are required by class

specification. Maximum reimbursement shall be $150 per calendar

year, except as provided in paragraph B, immediately below.

18

B. Narcotics Certificate. Upon proper application, physicians in

budgeted positions in this representation unit who are required

in the class specification for their class to have a "controlled

substances registration certificate" are eligible for reimburse-

ment for fees paid by the employee for such certificates during a

calendar year, up to an additional amount of $150, to a total

maximum reimbursement not to exceed $300.

20.2 Upon proper application, employees in budgeted positions in the

classes of Fiscal Officer-HRA, Chief of Fiscal Services-HSA,

Accounting Manager, Budget and Tax Manager, Audit/Systems Manag-

er, Assistant Chief of Fiscal Services-HSA, and Fiscal Officer-

Planning shall be reimbursed up to a maximum of $200 for a Cer-

tified Public Accountant certificate or a Certified Internal

Auditor Certificate during a calendar year. Maximum reimburse-

ment during a calendar year shall be $200.

20.3 Reimbursement shall only apply to fees paid by the employee dur-

ing the calendar year. No reimbursement shall be paid for fees

of less than $5.

20.4 Extra-help employees are not eligible for reimbursement under

these provisions.

ARTICLE 21 AUTOMOBILE MILEAGE REIMBURSEMENT

A. The County agrees to reimburse employees for authorized use of

their private automobiles on County business at the Internal Revenue

Service maximum allowable rate (31.5 cents per mile as of December of

1997).

B. Changes to the above rate will commence the first day of the month

which occurs thirty (30) days after the publication of the change of

the IRS allowable rate in the Federal Register.

C. It is understood that payment of automobile mileage reimbursement

to an employee provides compensation for all direct and indirect costs

associated with ownership, insurance (including deductible), mainte-

nance, and operation of the employee's automobile(s) on County busi-

ness.

D. Employees must be authorized to use their private automobile(s) on

County business by the County Administrative Office. Effective Febru-

ary 1, 1984, each employee must provide proof of insurance coverage on

the automobile(s) to be driven on County business in an amount not

less than:

1. $100,000 per accident bodily injury and $50,000 per accident

property damage;

OR

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2. $100,000 combined single limit for auto liability, including

bodily injury and property damage.

E. In the event that an employee, required by his/her department head

to use a private automobile on County business, should incur property

damage in connection with a vehicle accident, and the employee is

unable to recover the costs of such property damage from either his/

her own insurance company or from any other driver, or other source,

such costs shall be paid to such employee of the County in the sum not

exceeding $150.00, provided that any claims the employee may have

against his/her insurance company or any third party have been liti-

gated or settled, and provided, further, that the employee is not

found guilty of a violation of the California Vehicle Code or Penal

Code in connection with the accident causing such damage.

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ARTICLE 22 MEALS

22.1 MEALS IN COUNTY DETENTION FACILITIES

Employees 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. The value of such

meal, if any, shall not be considered in the computation of any overtime

pay.

22.2 MEAL ALLOWANCE IN DECLARED EMERGENCY (PUBLIC WORKS)

The County Administrative Officer may approve, after the fact, meal allow-

ance payments to Public Works Department employees in this representation

unit for in-County meals under emergency conditions if the request is sub-

mitted 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 speci-

fied 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 required 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.

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23 INSURANCE BENEFITS

Timing of Payroll Deductions.

The County may take monthly payroll deductions in any one pay period

in a month for all insurances (including health plans, dental plans,

vision plan, long term disability plan, life insurance) for: employees

being newly appointed to a position in the the representation unit;

employees leaving the representation unit; and employees in this rep-

resentation unit who are beginning or returning from leaves of absence

without pay. The County may take monthly payroll deductions in any one

pay period in a month for all insurances on a regular basis for all

employees in this representation unit, provided there is agreement

with other employee organizations for such monthly payroll deductions

in any one pay period.

Plan Documents Controlling.

The following is a general description of the benefits available to

eligible representation unit employees and retirees. This description

is for informational purposes only and is not intended to create a

benefit or right in excess of those that are provided in the insurance

plan documents for health, dental, vision, long term disability and

life insurance, which are controlling. Copies of plan documents are

available through the Personnel Department.

23.1 Health Coverage.

A. Employees in this representation unit may enroll in a P.E.R.S.

health plan in accordance with the provisions of the Public Em-

ployees' Medical & Hospital Care Program. Employees have the

option of enrolling their eligible dependents in this program.

B. For the term of this amendment the County shall contribute to

P.E.R.S. Public Employees' Medical & Hospital Care Program the

following monthly amount for active, eligible employees in budg-

eted positions:

$ 170.00 Employee only

$ 250.00 Employee + one dependent

$ 344.00 Employee + two or more dependents

Employees in this representation unit hereby authorize the County

to make a payroll deduction in the amount equivalent to the re-

mainder of the premium required for Public Employees Medical &

Hospital Plan in which they are enrolled.

C. Employees hereby authorize the County to make a payroll deduction

for the payment of the required P.E.R.S. administrative fee based

upon the plan selected by the employee.

22

D. Should P.E.R.S. require a contribution to the Public Employees'

Contingency Reserve Fund, employees hereby authorize payroll

deductions equivalent to the contributions required by P.E.R.S.

E. H-Care Program. The County will make available to members of this

representation unit a voluntary program of pre-tax dollars in

accordance with Internal Revenue Code Section 125. The County

shall establish such a program for P.E.R.S. Health Plans no later

than for tax year 1995.

F. Reimbursement for Domestic Partner Coverage.

1. As of December of 1997, coverage for domestic partners is

not available through P.E.R.S. health plans.

2. In recognition of the health care needs of domestic partners

and their dependents, this reimbursement provision is in-

tended to remain in effect until PERS or an alternate health

plan makes coverage available for domestic partners.

In the event health plan coverage is made available to do-

mestic partners through P.E.R.S. health plan or an alternate

health plan, health coverage and reimbursement under this

provision (23.1 F) shall cease.

3. If the option for domestic partner coverage is made avail-

able through P.E.R.S. health plans or an alternate health

plan in the future, the County and the Union will make an

effort to have the enrollment provisions previously provided

through the County Health Plan apply to the other plan(s),

as feasible.

4. Available Plan(s) for Reimbursement. Reimbursement will

only be available for the sole purpose of obtaining health

coverage for domestic partners and their dependents who are

not eligible for enrollment in PERS health plans under the

following plans:

Blue Shield HMO

Blue Shield Preferred Benefits Plus

Blue Cross California Care

Blue Cross Prudent Buyer

The County and the Association are not responsible for the

administration or operation of such health plans.

5. Reimbursement.

The employee shall present proof of payment for coverage for

the domestic partner and any eligible dependents which iden-

tifies the plan, covered person(s), period of coverage and

premium.

23

Employees may be reimbursed for up to three months of cover-

age upon presentation of such proof, or on a month-by-month

basis.

The standard employer to employee reimbursement shall be:

$ 80.00 per month Domestic Partner only

$174.00 per month Domestic Partner and one or more

dependents who are not eligible for

enrollment in a PERS health plan

If premium costs exceed $80.00 per month for a domestic

partner only or $174.00 per month for a domestic partner and

one or more dependents, then the employee's out of pocket

expenses will not exceed $64.00 per month. Any premium

costs incurred above the employee's out of pocket limitation

shall be reimbursed by the County, excluding any alternate

health plan.

All County reimbursement for domestic partners and their

dependents will be reflected as additional income to the

employee.

6. The County and Association agree to participate in a labor-

management committee to make recommendations to the Board of

Supervisors regarding reimbursement for out of pocket ex-

penses incurred by employees with domestic partners under

these reimbursement health plans. The County will set aside

an amount, not to exceed $2100 per fiscal year, to fund

accepted recommendations. Unspent amounts shall revert to

the County.

23.2 DENTAL CARE. The County agrees to continue to pay the premiums for

eligible employees and their dependents for dental coverage under a dental

plan offered by the County during the term of this agreement.

Effective July 1988, the annual cap under the dental plan (non-capitation)

shall be $1200 per enrollee.

23.3 LONG TERM DISABILITY. The County agrees to pay the premium and to

maintain the long term disability plan with a $4,500 maximum insured salary

for the employees in the Middle Management Representation Unit. The County

agrees to pay for any increase in the premium for employee coverage for the

term disability plan during the term of this agreement.

23.4 LIFE INSURANCE. The County agrees to maintain and pay the premium for

a $50,000 life insurance plan with AD&D for eligible employees during the

term of this agreement. The amount of coverage decreases for employees age

70 and above in accordance with the terms of the plan document.

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23.5 VISION CARE.

A. The County agrees to pay the premium for the employee and to

maintain the vision plan during the term of this agreement. The

County agrees to pay for any increase in the premium for employee

coverage for vision care benefits during the term of this agree-

ment.

B. The vision plan will permit the one-time enrollment of a depen-

dent at any time through age five. Any dependent under age six

who is enrolled under the vision plan must continue in such cov-

erage for a minimum of one year, unless the employee separates

from County service prior to the end of that year.

C. Effective 5/6/95, the vision plan will be amended so that the

maximum contact lens reimbursement rate is equal to that for

frames and lenses.

23.6 PART-TIME EMPLOYEE BENEFITS. The County agrees to pay contributions

for employees who occupy part-time budgeted positions (i.e., at least 20

hours a week) in the same manner as is provided for regular full-time em-

ployees for health, dental, vision, life, and long-term disability insur-

ance benefits.

23.7 CONTINUATION OF INSURANCES DURING LEAVE OF ABSENCE WITHOUT PAY

As used herein (Article 23.7), payment "in advance" means the last working

day of the pay period in which the payment is due. If the last day of the

pay period is holiday, payment must be received by the Employee Insurance/

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

preceding the holiday.

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

period or longer must notify the Personnel Department and make

arrangements for payment of insurance premiums in advance.

For continuance of medical (health) coverage through P.E.R.S.,

the employee must apply to P.E.R.S. in advance of the leave of

absence without pay. Forms for this purpose are provided

through the Personnel Department.

The only exception to advance payment is in the case of an emer-

gency beyond the control of the employee and where payment shall

be made at the earliest possible time after the leave commence.

This exception only applies to payment for life, long-term dis-

ability, vision and dental insurances.

B. When an employee is on a leave of absence without pay for one

full pay period or longer for any reason, and is not receiving

benefits through the Long Term Disability (LTD) Plan, coverage

under employee insurances (e.g., health, life, dental, vision,

25

long-term disability) ceases for the employee and any dependents

the beginning of the first full pay period of leave of absence

without pay except as provided in 1 and 2, immediately below.

1. Family Care or Medical Leave ("FMLA Leave"). The County

shall, as required by Federal or State law, make the same

contributions for employee insurances for eligible employees

on an approved FMLA leave of absence without pay as if the

employee were working or on paid leave. The employee shall

be responsible for payment in advance of his/her portion of

premium contributions for insurances and for any P.E.R.S.

administrative fee during such leave of absence without pay.

Failure by the employee to make required payments in advance

shall result in the employee and any dependents losing cov-

erage under employee insurances.

Should the period of leave of absence without pay extend

beyond the duration of any approved FMLA leave for which the

employee is entitled, payments for continued employee insur-

ance coverage shall be as specified elsewhere in this Sec-

tion (23.7 B).

2. Continuation of Employee Insurance Coverage While Receiving

LTD Benefits.

a. The County's contribution towards employee's dental

coverage, vision coverage, life insurance coverage and

LTD coverage shall continue during the period a current

employee receives benefits through the LTD plan, while

on a leave of absence without pay. An employee may be

required to pay for the County's contribution towards

coverage in advance and be reimbursed by the County if

confirmation is received that he/she is receiving LTD

Benefits.

Employees are responsible for payments of the employee

portion of contributions for dental, vision, life and

LTD insurances during any leave of absence without pay

of one full pay period or longer. Failure by the em-

ployee to pay such contributions in advance shall re-

sult in the employee and any dependents losing coverage

under these plans.

b. The County's shall pay the employee only portion, not

to exceed $170.00 per month, towards P.E.R.S. health

insurance premium contributions during the period a

current employee receives benefits through the LTD

plan, while on a leave of absence without pay. An

employee may be required to pay the County's contribu-

tion towards coverage in advance and be reimbursed by

the County if confirmation is received that s/he is

receiving LTD benefits.

26

Employees are responsible for payment of the remainder

of the P.E.R.S. health insurance premium contribution

during any leave of absence without pay of one full pay

period or longer, including any P.E.R.S. administrative

fee. To continue coverage during the leave of absence

without pay, the employee must apply in advance of the

leave to PERS through the County Personnel Department

and make payments to continue coverage of the employee

and any eligible dependents. Failure by the employee

to pay such contributions in advance shall result in

the employee and any dependents losing coverage under

the plan.

23.8 Liability of Employee for Ineligible Dependents. Employees shall be

liable for payment for all services received under insurance plans by inel-

igible dependents and for any contributions made on the dependent's behalf

by the County.

It is the responsibility of each employee to notify the Employee Insur-

ances/Benefits Section of the Personnel Department upon any enrolled de-

pendent(s) become ineligible.

23.9 Each employee in this representation unit as of January 13, 1996

shall receive a one-time payment of $230.00 in-lieu of County payment of

the equivalent amount for employee insurance costs (e.g., deductibles,

copayments, premiums).

27

ARTICLE 24 VACATION

24.1 ELIGIBILITY.

A. Full-Time Employees. Each employee in a full-time position shall be

entitled to receive a vacation after the 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.

B. Part-Time Employees. Each employee in a part-time position shall be

eligible to receive vacation after completing hours of service equiva-

lent 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.

C. Extra-Help Employees. Extra-help employees shall not be eligible

for vacation.

D. Provisional Employees on Original Appointment. If a provisional

employee is given a probationary appointment without a break in ser-

vice, the employee shall be granted credit for hours of service as a

provisional employee for purposes of eligibility for vacation.

E. Employees Reappointed from Layoff Employees who are laid off and

then reappointed within a period of 24 months to layoff shall receive

credit for hours of service accrued prior to layoff for purposes of

determining eligibility for vacation leave.

24.2 VACATION ALLOWANCE

A. Newly Appointed Middle Management Employees.

1. Eligible full-time employees newly appointed shall be credited

with 122 hours of vacation upon completion of 2080 hours of ser-

vice.

2. 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 24.1 B of this section.

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

shall accumulate vacation leave for each subsequent completed

hours of service as follows:

28

2080-10,400 hours of service (approximately 1 through 5

years) .0587 hours per hour of service (approximately 15 1/4

days per year of service).

10,401-20,800 hours of service (approximately 6 through 10

years); .0779 hours per hour of service (approximately 20

1/4 days per year of service).

20,801-31,200 hours of service (approximately 11 through 15

years); .0971 hours per hour of service (approximately 25

1/4 days per year of service).

31,201 hours of service and over (approximately 16 years and

over); .1163 hours per hour of service (approximately 30 1/4

days per year of service).

D. Employees Reappointed from Layoff (Within 24 Months)

1. The original appointment date and hours of service completed

during prior employment with the County by reappointed employees

shall determine the vacation accrual rate.

2. Employees in budgeted positions who were not eligible for

vacation at the time of layoff shall, upon reappointment, be

credited with hours of service accrued prior to layoff for pur-

poses of determining the vacation accrual rate.

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

nates all earned vacation to employees.

24.3 LIMITATIONS ON USE

A. At Convenience of Department . Vacation shall be taken at time

designated by the various department heads.

B. Maximum Accrual. Vacation credits may only be accumulated to a

limit of 2.5 times the number of vacation hours being earned.

C. Increments. Department heads may allow employee to take vacation

time off in increments as small as .01 hours.

D. No Loss of Credits. No department head shall cause an employee to

lose earned credits.

E. Middle Management - Vacation Loss Protection. To the extent that a

department is unable to schedule vacation time off for an employee in

the Middle Management Unit, the vacation time of such employee which

would otherwise be lost due to being in excess of the maximum accrual

rate shall instead be compensated in cash.

On and after July 31, 1993, employees shall no longer be eligible for

compensation in cash for vacation in excess of the maximum accrual

29

rate except when so specified in an emergency declared by the County

Administrative Officer.

F. 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 nor-

mal pay.

24.4 VACATION PAYOFF UPON SEPARATION. Full-time and part-time employees who

are eligible for vacation under sub-section 24.1 of this section, shall be

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

they separate from the County service. Payoff of unused vacation upon sepa-

ration eliminates all earned vacation accrued to the employee.

ARTICLE 25 HOLIDAYS

A. HOLIDAYS SPECIFIED.

1. The following are holidays for eligible employees in this unit:

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

b. The third Monday in January, known as "Martin Luther King

Day"

c. The third Monday in February known as "President's Day"

d. The last Monday in May known as "Memorial Day"

e. July 4 known as "Independence Day"

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

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

h. November 11, known as "Veterans' Day"

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

j. The last Friday in November, - the day after "Thanksgiving

Day"

k. Half day on December 24, known as "Christmas Eve"

l. December 25,known as "Christmas Day"

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

Sunday, the Monday following is a Santa Cruz County holiday, and

if any of said dates fall upon a Saturday, the preceding Friday

is a Santa Cruz County holiday. Should December 25 fall on a

Saturday, the preceding Friday is a Santa Cruz County holiday and

the half-day on December 24 will be treated as a Santa Cruz Coun-

ty holiday for a half-day on the preceding Thursday. Should De-

cember 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.

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B. GENERAL PROVISIONS

1. Compensation

a. When a holiday falls on an employee's regular work day, the

employee shall be paid at the regular hourly salary rate for

his/her normal schedule of hours of work.

b. When a holiday falls on a day other than an employee's regu-

larly scheduled work day, the employee shall be paid at the

regular hourly salary rate for his/her normal schedule of

hours of work, or the employee may be allowed to take an

equal amount of time off on a work day in the same work

period in lieu of the holiday.

2. Abnormal Work Schedule. Employees whose weekly work schedule is

different from a normal work schedule shall be granted the same

number of hours off from their work as employees on a normal work

schedule are granted because of holidays.

3. Qualifications for Pay. In order to qualify for holiday compensa-

tion, the 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 follow-

ing the holiday.

4. During Paid Leave. A holiday falling within a period of leave

with pay shall not constitute a day of paid leave.

C. HOLIDAY COMPENSATION - REGULAR PART-TIME EMPLOYEES. Employees working

in regular part-time positions shall receive holiday benefits as fol-

lows:

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

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

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

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

tion for a holiday occurring during the work week).

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

regularly scheduled work day shall be compensated either by sala-

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

off in the same work period for the hours which are proportionate

to the part-time position.

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

ployee is required to work or be in a paid status (e.g., sick

leave, vacation) his/her last scheduled work day prior to the

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

day.

31

These provisions apply only to regular budgeted part-time positions

that require between 20 and 39 hours of work per week.

ARTICLE 26 SICK LEAVE

A. ELIGIBILITY

1. Full-time Employees. Each employee in a full-time position shall

be entitled to receive sick leave after the completion of 1040

hours of service.

2. Part-time Employees. Each employee in a part-time position shall

be eligible to receive sick leave after completing hours of ser-

vice equivalent to six months, provided, however, that the six

months shall be determined by multiplying the authorized weekly

number of hours for the position by 26.

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

leave.

4. Provisional Employees on original Appointment. If a provisional

employee is given a probationary appointment without a break in

service, the employee shall be granted credit for hours of ser-

vice as a provisional employee for purposes of earning sick leave

credit.

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

reappointed within a period of 24 months of layoff shall receive

credit for hours of service accumulated prior to layoff for pur-

poses of determining eligibility for sick leave.

B. SICK LEAVE ALLOWANCE.

1. Employees Reappointed from Layoff (within 24 months)

a. Employees who were not eligible for sick leave conversion at

the time of layoff shall, upon reappointment, be credited

with ail unused sick leave accrued at the time of layoff.

b. Conversion of unused sick leave at time of layoff eliminates

all earned sick leave accrued by employees.

2. Other Eligible Employees.

a. Eligible full-time employees shall be credited with 24 hours

of sick leave upon completion of 1040 hours of service.

b. Eligible part-time employees shall be credited with sick

leave on a prorated basis proportionate to the authorized

hours of their position, upon completion of the required

hours of service under subsection A 2 of this section.

32

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

shall accumulate .0231 hours of sick leave for each subse-

quent completed hour of service (approximately 6 days per

year of service).

C. PERMISSIBLE USES. Sick leave with pay can only be used in case of a

bona fide illness of the employee upon the approval of the department

head. The Director or department head may require evidence in the form

of a physician's an/or the County medical director's certificate of

the adequacy of the reason for an absence.

D. LIMITATIONS ON USE.

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

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

of disability sustained on a leave of absence.

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

tion temporary disability benefits in order to provide a compen-

sation level equal to the employee's normal pay.

3. An employee may use all sick leave accrued prior to going on a

leave of absence without pay for illness, injury, or incapacity

to work.

4. An employee must use all accrued sick leave during an absence

from work for an occupational injury in County service.

E. MAXIMUM ACCRUAL. Sick leave and any unused portion thereof may only

accrue until it has reached a total of 1440 hours.

F. CONVERSION OF UNUSED SICK LEAVE UPON SEPARATION. Employees appointed

to budgeted positions shall be eligible for conversion of unused sick

leave upon separation as specified immediately below.

1. Any employee in a full-time position who separates from County

employment upon a resignation in good standing, or by a layoff,

retirement, or death, and who has completed:

2080 to 10,400 hours of service prior to such separation

shall thereupon be paid 10% of the monetary value of any

unused sick leave then to the credit of such employee to a

maximum of 450 hours.

10,401 to 20,800 hours of service prior to such separation

shall thereupon be paid 50% of the monetary value of any

unused sick leave then to the credit of such employee to a

maximum of 450 hours.

20,801 or more hours of service prior to such separation

33

shall thereupon be paid 75% of the monetary value of any

unused sick leave then to the credit of such employee to a

maximum of 450 hours.

2. Any employee in a part-time position shall be eligible for con-

version of sick leave as set forth in a. of this section provid-

ed, however, that the hours of service required of part-time

employees shall be computed on a prorated basis proportionate to

the number of authorized hours for the employee's position.

G. COMPUTATION. The monetary value of the unused sick leave shall be

computed by multiplying the employee's regular hourly rate of compen-

sation at the of separation from employment by the number of hours of

unused sick leave, not to exceed 450 hours.

H. All unused sick leave is eliminated upon separation of an employee.

ARTICLE 27 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, except elected County officers.

2. Extra-Help Employees. Extra-help employees shall not earn admin-

istrative leave.

3. Provisional Employees on Original Appointment. A provisional

employee on an original appointment to a position designated as

Management shall be eligible for administrative leave. Such an

employee shall be considered eligible for administrative leave

from the beginning date of the original, provisional appointment.

4. Reappointed Employees. Management employees who are reappointed

within two years of separation from a management position, wheth-

er 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 reappoint-

ment.

5. Reinstated Employees. Employees reinstated in a position desig-

nated as Management within two years after resignation shall be

eligible to begin earning administrative leave again. Such em-

ployees shall not receive an initial credit or advance of admin-

istrative leave upon reinstatement.

34

B. INITIAL CREDIT UPON APPOINTMENT

1. Initial Credit.

a. Full-time Management 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.

b. Part-time Management Employees. Eligible employees in part-

time positions shall be advanced an initial credit of admin-

istrative leave equal to the number of authorized weekly

hours of their position at the time of appointment to man-

agement position.

c. Initial Credit Earnings and Limitations. The initial credit

of 40 hours advanced to eligible employees is earned at the

rate of .0192 hours for each hour of service following ap-

pointment to a management position. Initial credit for ad-

ministrative leave is earned by the employee only during

their first year of employment in a management position or

during their first year of employment upon reappointment to

a management position provided that a 24 month period has

elapsed since their previous employment as a County Manage-

ment employee.

1. Should an employee's scheduled hours change during the

first year of employment in or reappointment to a man-

agement position, no change shall be made in the ini-

tial 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 adminis-

trative leave shall be deducted from continuing admin-

istrative leave or vacation hours to the employee's

credit.

C. CONTINUING ADMINISTRATIVE LEAVE.

In addition to the initial credit of administrative leave provided in para-

graphs 1 and 2 of subsection 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 designated as Management.

D. PERMISSIBLE USES.

1. Non-trainee management employees may elect to utilize any admin-

istrative leave to their credit for paid leave or may receive

cash payment for such administrative leave at their regular hour-

ly salary rate. Usage of administrative leave for paid leave

35

shall be subject to the same limitations as the use of vacation

leave except that no minimum period of employment shall be re-

quired 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 employee may utilize any administrative leave

to their credit for paid leave. Usage of administrative 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 uti-

lized.

E. MAXIMUM ACCRUAL. No Management employee shall be permitted to accrue

more than 120 hours of administrative leave to their credit.

F. SEPARATION FROM A MANAGEMENT POSITION.

1. Employees who separate from a Management position shall be paid

off for any administrative leave to their credit, except as noted

below.

2. Use of Initial Credit Before Earned. Employees who, for any rea-

son, separate from a management position prior to earning in full

the initial credit of administrative leave shall have any admin-

istrative 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.

36

ARTICLE 28 OTHER LEAVES WITH PAY

28.1 REQUIRED COURT LEAVE

A. Regular Employees.

1. 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:

a. as jurors; or

b. as witnesses on behalf of the County, unless such ser-

vice is part of the employee's work assignment; or

c. 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.

2. 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.

3. Any regular employee assigned to swing or graveyard shift

shall, for the hours of required court leave, be entitled to an

equal amount of time off as leave with pay during the same work

period.

4. Employees scheduled for required court attendance on their day

off shall have the time served credited as hours worked towards

their scheduled work period.

D. 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.

C. 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 the County positions.

28.2 BEREAVEMENT LEAVE

Employees in this representation unit shall be granted bereavement leave

with pay by his/her Appointing Authority in the case of the death of: a

spouse or the domestic partner of the employee as recognized by the County

after submission of an Affidavit of Domestic Partnership, a parent of the

employee/domestic partner, a step-parent of the employee or the employee's

spouse/domestic partner, a grandparent of the employee, a sister or brother

of the employee or the employee's spouse or domestic partner. The chil-

37

dren, 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 Cali-

fornia or five (5) days per occurrence for death occurring outside of Cali-

fornia. The hours of bereavement leave for part-time employees shall be

proportionate to the number of authorized hours of the employee 's posi-

tion.

F. Required Court Leave

1. Regular Employees.

Such leave shall be limited to three (3) days per occurrence for deaths

occurring within California or five (5) days per occurrence for deaths

occurring outside of California.

ARTICLE 29 NATURAL DISASTER

In the event of a natural disaster or equivalent event for which the Board

of Supervisors or County Administrative Officer deems it necessary to tem-

porarily close an affected County facility, the County Administrative Offi-

cer shall authorize pay for time not worked by employees in this unit sub-

ject to the limitations of this section. Employees ordered to leave work or

ordered not to report to work, shall receive "other leave with pay" as

follows:

First Eight Scheduled Hours - 1 hour for each scheduled work hour

missed

Second Eight Scheduled Hours - 1/2 hours for each scheduled work hour

missed which may be supplemented by vacation, administrative leave, or

compensatory time.

Third Eight Scheduled Hours - 1/2 hour for each scheduled work hour

missed which may be supplemented by vacation, administrative leave, or

compensatory time.

Additional Scheduled Hours - No compensation, except employee may use

vacation, administrative leave, or compensatory time.

38

ARTICLE 30 LEAVE OF ABSENCE WITHOUT PAY

(Also see Family Care and Medical Leave Notice at the end of this Agree-

ment or Section 168.4 of the Personnel Regulations.)

A. GENERAL PROVISIONS. The granting of any leave of absence without pay

shall be based on the presumption that the employee intends to return to

work upon the expiration of the leave and with the understanding that the

primary purpose of the leave of absence without pay is not to seek or ac-

cept 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 ter-

minating from regular County service without the prior approval of both the

Personnel Director and Risk Manager.

B. DEPARTMENTAL LEAVE OF ABSENCE WITHOUT PAY THROUGH 160 WORKING HOURS

1. A departmental leave of absence without pay shall not exceed 160

working hours for a full-time employee (prorated for part-time employ-

ees -- e.g., 80 hours for a half-time employee).

2. 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 author-

ity for the purpose of improving the training of the employee for

their position or career in the County Service, of extended ill-

ness for which paid leave is not available, or in the event of

urgent personal affairs that require the full attention of the

employee.

b. Probationary and Provisional Employees on Original Appoint-

ment. Employees on an original appointment with probationary or

provisional status may be granted a departmental leave without

pay by the appointing authority in the case of 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 (IN EXCESS OF 160 WORKING HOURS).

Employees may be granted a leave of absence without pay in excess of 160

hours (prorated for part-time employees) in accordance with paragraphs 2

(a) and (b) of Section B of this Article subject to the prior approval of

the Personnel Director.

The maximum period of leave of absence without pay is one (1) year, pursu-

ant to Civil Service Rule XI D.

39

D. RIGHT OF RETURN.

1. Permanent Employees. The granting of a leave of absence to an em-

ployee 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 its expiration, or an earlier date mutually agreed upon

by the department and the employee.

2. Probationary and Provisional Employees on Original Appointment and

Non-Civil Service Employees. The granting of a leave of absence with-

out pay to an employee on an original appointment with probationary or

provisional status or in a position with non-Civil Service status does

not guarantee the right of return.

3. Notwithstanding other provisions of this Article, employees return-

ing from an approved Family Care or Medical Leave of Absence shall

have the right to return to the same or equivalent position as re-

quired by Federal or State law.

E. EFFECT OF LEAVE OF ABSENCE WITHOUT PAY ON SERVICE HOURS. Leaves of

absence without pay shall be deducted from hours served for purposes

of step advancement, probationary period, and County service, except

as may be required by Worker's Compensation provisions.

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 automati-

cally resigned.

H. CONTINUATION OF INSURANCE BENEFITS DURING LEAVE WITHOUT PAY. To assure

continuation of insurance benefits, employees must notify the Employee

Insurances/Benefits Section of the County Personnel Department when granted

a leave of absence without pay in excess of one pay period.

40

ARTICLE 31 ABSENCE WITHOUT LEAVE. An employee absent from duty for a period

which exceeds three working days without authorized leave shall be consid-

ered 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 em-

ployee contacts the department at the first opportunity.

The employee may appeal the appointing authority's determination to the

Civil Service Commission within the time provided for in Section 4.05.610.

The appeal is solely limited to the questions of whether it was impossible

for the employee to contact the department of employment, and did contact

the department at the first opportunity.

41

ARTICLE 32 RETIREMENT

32.1 RETIREMENT CONTRIBUTIONS

A. The County previously agreed, subject to the conditions specified

herein (Article 32.1), to amend its contract with P.E.R.S. to provide

the 2% at age 55 Retirement Plan for employees in this representation

unit.

1. When employees in the Middle Management Representation Unit are

in the 2% at age 55 miscellaneous P.E.R.S. retirement plan, the

total of County contributions for them for P.E.R.S. (including

the Employer PERS Contribution and any payment by the County of

the Employee PERS Contribution) shall not exceed 12.915%. (The

Social Security Offset shall not be a factor in the maximum

amount of County Contributions.) The employee shall be responsi-

ble for payment of all PERS retirement contributions in excess of

the cap on County contributions.

Attached Exhibit A provides illustrative examples of this provi-

sion.

2. The parties agree that the provision in paragraph (1), immediate-

ly above, of this Article (32.1) shall be a part of the subse-

quent Memorandum of Understanding for this representation unit,

notwithstanding any other provision of this agreement or of law.

3. The employer payment of the employee PERS contribution under this

agreement is not considered earnings and is not subject to FICA

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

to receive the employee pick up PERS contribution directly in-

stead of it being paid by the employer.

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

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

that the employee is required to pay for PERS retirement benefits, in

accordance with Sub-section A 1 of this Article (32.1) immediately

above, as being "picked-up" by the County and treated as employer

contributions for tax purposes only. By having the County use this

process, employees receive a form of deferred taxation in that taxes

are paid on the funds at the time the retirement benefit is received

rather than at the time the retirement contributions are made. Under

current law, exercising the employer pick-up option pursuant to IRC

Section 414(h)(2) results in no additional costs to the County. The

parties agree that, in the event that the law changes such that costs

are imposed on the County for exercising the employer pick-up option

under IRC Section 414(h)(2), the County shall immediately cease desig-

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

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

basis.

42

32.2 RETIRED EMPLOYEES

1. Effective 9/1/94, employees in this representation unit who re-

tire through P.E.R.S. may enroll in a P.E.R.S. health plan as

provided under the Public Employees' Medical & Hospital Care

Program.

Beginning the month of September 1994 and for the term of this

Memorandum of Understanding, the County agrees to contribute

$55.00 per month for eligible retirees from this representation

unit who are enrolled in a P.E.R.S. Public Employees' Medical &

Hospital Program health plan.* Retirees shall be responsible for

the remainder of the premium.

2. Nothing in this agreement guarantees retirees, their dependents

or their survivors continued health coverage upon or after the

expiration of this Memorandum of Understanding. The County re-

serves the right to make modifications to retiree health cover-

age, including termination of coverage, upon or after the termi-

nation of this amendment or the underlying Memorandum of Under-

standing.

*Plus scheduled annual increases of 5% of the County's monthly

contribution for employees until the County contribution for

retirees equals the County contribution for employees, as re-

quired by P.E.R.S.

43

EXHIBIT A

The following are examples which illustrate the provisions of the

Article 32.1 with respect to the maximum payment by the County of

employer and employee contributions when miscellaneous employes are

placed in the 2% at age 55 PERS miscellaneous employee retirement

plan. Please note that the Social Security Offset is not a factor in

the maximum amount of County Contributions.

1. Assume the employer PERS contribution equals 5.515% and the employee

contribution equals 7.000%.

5.515% employer PERS contribution rate

_7.000% employee PERS contribution rate

12.515% Total

-12.915% Maximum County Contribution under Article 9.1 formula

0 Difference - amount of PERS contribution by County employees

2. Assume the employer PERS contribution equals 5.915% and the employee

contribution equals 7.000%.

5.915% employer PERS contribution rate

7.000% employee PERS contribution rate

12.915% Total

-12.915% Maximum County contribution under Article 9.1 formula

0 Difference - amount of PERS contribution by County employees

3. Assume the employer PERS contribution rates equals 9.459% and the

employee PERS contribution rate equals 7.000%.

9.459% employer PERS contribution rate

_7.000% employee PERS contribution rate

16.459% Total

-12.915% Maximum County contribution under Article 9.1 formula

3.544% Difference - amount of PERS contribution by County employees

44

ARTICLE 33 LAYOFF PROVISIONS

33.1 LAYOFF DEFINED. The involuntary separation of an employee because of

lack of work, lack of funds, reorganization, in the interest of economy or

other reasons determined by the Board of Supervisors to be in the best

interest of County government.

33.2 PURPOSE OF LAYOFF PROVISION. To provide a prompt and orderly process

for reduction in the County workforce when determined to be necessary by

the Board of Supervisors.

33.3 DECISION PROCESS. The Board of Supervisors shall determine the depart-

ment in which the reduction is to be made and the number and classes of

positions to be eliminated.

33.4 SCOPE OF APPLICATION. Layoff provisions shall apply only to the de-

partment in which a workforce reduction is to occur and to the classes

designated for layoff, or affected by displacement, within that department.

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

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

placement.

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

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

weeks per fiscal year.

33.5 ORDER OF LAYOFF. Whenever it is necessary to layoff one or more em-

ployees in a department, the Personnel Director will prepare a list of the

order of layoff in accordance with the following:

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

shall be laid off first;

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

next;

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

laid off next;

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

received a substandard evaluation on their last two scheduled perfor-

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

ty, i.e., the employee with the least seniority as defined in 33.7

below being the first to be laid off; and

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

least one of their last two scheduled performance evaluations working

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

seniority as defined below in "33.7".

45

Notwithstanding the above, an appointing authority may make an exception to

retain an employee who possesses essential skills, provided, however, that

the Middle Management Employee Association and the County agree to meet and

confer at the earliest opportunity concerning such an exception and to

conclude the meet and confer process within ten (10) days unless both par-

ties agree to an extension.

33.6 DISPLACEMENT (BUMPING) IN LIEU OF LAYOFF. Displacement is the move-

ment in a layoff of an employee to an equal or lower class on the basis of

seniority. (An employee cannot displace to a higher class.)

It an employee who is to be laid off had permanent status in an equal or

lower class in the department in which layoff occurs, such employee shall

be offered a vacant position in the equal or lower class in the department

or he/she may displace an employee of that department having less seniority

as defined in 33.7. Any employee thus displaced may in the same manner

displace another employee. Should an employee have the right to displace in

more than one class, he/she shall displace first in the highest class in

which he/she has rights. Should an employee have the right to displace to

two or more equal, lower classes, he/she shall displace first to the most

recently occupied equal class.

33.7 SENIORITY FOR PURPOSES OF LAYOFF AND DISPLACEMENT. Seniority rights

for purposes of layoff and displacement and involuntary reduction in au-

thorized hours shall be available only to County employees in the Classi-

fied Service that have attained permanent status.

Seniority credits for purposes of layoff, displacement and involuntary

reduction in authorized hours shall be determined by crediting one seniori-

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

continuous County service.

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

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

trative officer action.

Hours worked in excess of the number of hours authorized, whether

overtime or otherwise, shall not be included in determination of se-

niority credit.

B. Continuous County service is service uninterrupted by termination

and provided that those hours of a leave of absence without pay which

exceed 152 consecutive hours shall be deducted from the authorized

hours of service total for purposes of determining seniority credit.

For purposes of seniority only, an employee who is laid off and reappointed

to a regular position within two years of layoff shall not be considered to

have terminated. However, no seniority credit shall accrue for such an

employee during the period of layoff.

For purposes of layoff, displacement, and involuntary reduction in author-

ized hours, seniority credit shall accrue for classes in which permanent

46

status has been obtained. Seniority may be accumulated when moving from one

department to another (e.g., through promotion, transfer, or demotion),

however, it shall only apply to the department in which a workforce reduc-

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

displacement or involuntary reduction in authorized hours within the de-

partment.

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

manent status was obtained shall be applied to a current class in which

permanent status has been obtained.

Permanent service in two classes at the same level shall be combined and

accrue to the most recent class for seniority credit.

Seniority in the current class shall be added to seniority in the next

lower class in which permanent status has been obtained for purposes of

displacement.

Determination of the relationship between existing classes with respect to

higher, equal or lower status shall be based upon the current relationship

of the fifth step salary for the classes.

If an employee has achieved permanent status in a class which has been

abolished, seniority credit will be applied to an equal or the nearest

lower level class, if any, in which the employee has achieved permanent

status based on the salary relationship in existence at the time the class

was abolished.

Probationary and provisional service in a class will not be credited for

seniority in the class unless permanent status is achieved in the class

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

ary and provisional service and "work in a higher class" shall be counted

for seniority credit in the next lower class in which the employee has

achieved permanent status in continuous service.

Employees who have been promoted from a lower class to a higher class

through a reclassification action since July 1, 1977, shall have one-half

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

upon completion of probation in the higher class.

33.8 OPPORTUNITY FOR EMPLOYEE REVIEW. To the extent possible under Civil

Service Rules, employees should not lose their seniority credit under this

article because classes have been revised, established, abolished or retit-

led.

All employees shall be provided an opportunity, through their employing

department, to review the record of service for which they have been given

seniority credit. Such records of service shall be made available to the

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

an opportunity to submit information supporting a differing conclusion.

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

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

47

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

ther review.

33.9 RETENTION OF REEMPLOYMENT LIST STATUS. Laid off employees having per-

manent status at the time of layoff, or permanent employees who displaced

to a lower class on the basis of prior permanent status in the lower class,

or permanent employees who have had the authorized hours of their positions

involuntarily reduced, shall be certified to openings from lists estab-

lished for each class in which they have reemployment rights.

Such employees shall be placed on the Departmental Reemployment List in

order of seniority, and such employees shall also be placed on a County-

wide Reemployment List as a bloc in no particular order.

A. Departmental Reemployment Lists. If an opening occurs in the de-

partment from which employees were laid off, those on the reemployment

list will be certified to positions in the class in from which they

were separated on a one-to-one basis in order of seniority. A Depart-

mental Overfill List is the only list that shall have precedence over

a Departmental Reemployment List. (Civil Service Rules, Section IV.)

A department may request selective certification of bilingually quali-

fied employees from a Departmental Reemployment List for a vacant

position that is designated as bilingual pursuant to Article 20 B 1

through 3. If there is no departmental reemployment list, the order of

certification shall be: (1) County-wide overfill List; (2)

County-wide Reemployment List., and (3) other employment lists as

specified in Civil Service Rule VI B 2.

B. County-wide Reemployment Lists. if an opening occurs in a class in

departments other than the one in which the layoff took place, the

Personnel Director shall certify the County-wide overfill Lists for

that class to the other department(s). If there is no County-wide

overfill List for the class, the next list to be certified shall be

the County-wide Reemployment List. Names on such a County-wide Reem-

ployment List shall be certified together as a bloc in no particular

order.

A department may request selective certification of bilingually quali-

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

that is designated as bilingual pursuant to Article 20, B 1 through 3.

If there is no County-wide Overfill List, the order of certification

shall be: (1) County-wide Reemployment List., and (2) other employment

lists as specified in Civil Service Rule VI B 2.

C. Retention of Reemployment List Status. A laid-off employee shall

remain on the Reemployment Lists for the class until either of the

following occurs:

48

(1) He/she refuses one offer of an interview or one offer of

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

placed;

OR

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

ment.

A laid-off employee's name may also be removed from reemployment

lists on evidence that the person cannot be located by postal

authorities.The name of a person on a reemployment list who fails

to reply within ten (10) working days to a written certification

notice shall be removed from the reemployment lists for the

class. Such persons name may be restored to the list upon written

request by the person.

33.10 PREFERENTIAL CONSIDERATION. The Personnel Department will, within the

latitude of the Civil Service Rules, attempt to assist probationary and

permanent employees subject to layoff as a result of the application of

these provisions. To avail themselves of this assistance, such employee

shall submit complete, up-to-date employment applications upon request of

the Personnel Department. Assistance to be provided to such employees by

the Personnel Department will entail:

A. Referral of laid off probationary employees on a "re-entry" list

for consideration of appointments to the class from which laid off,

along with Persons on other eligible lists.

B. Referral of reemployment lists as alternate lists to vacancies in

other classes for which there are no employment lists, in accordance

with Civil Service Rules.

C. Referral of "re-entry" lists as alternative lists to vacancies in

other classes for which there are no employment lists in accordance

with Civil Service Rules.

D. Job search training for groups of affected employees, within staff-

ing and on-going workload limitations.

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

staffing and ongoing workload limitations.

Employees whose names remain on a reemployment list may compete in promo-

tional examinations pursuant to Civil Service Rule VIII.

33.11 EMPLOYEES APPOINTED TO LIMITED-TERM POSITIONS. Notwithstanding any

other provisions of this Article (Article 33), an employee appointed to

positions designated as limited-term by the Board of Supervisors shall be

laid off at the expiration of that limited-term position without regard to

other provisions of the Article.

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33.12 PRIOR ALTERNATIVE MERIT EMPLOYMENT SYSTEM EMPLOYEES. In the event of

the abolishment of the Alternative Merit System and inclusion of positions

in that system in the classified service, employees who held budgeted posi-

tions excluded from the classified service while in the Alternative Merit

Employment System shall have their service in such positions count as if it

were service in the classified service for purposes of layoff only.

Departmental Reemployment Lists established in the event of and prior to

the abolishment of the Alternative Merit Employment System shall be main-

tained separately for a department.

33.13 OTHER MEANS OF ATTAINING PERMANENT STATUS FOR PURPOSES OF SENIORITY

For purposes of layoff only, an employee with hours of service equivalent

to at least six months continuous probationary service in a class may be

considered to have attained permanent status in that class provided all the

criteria specified below are met.

A. The employee has completed hours of service equivalent to at least

six months continuous probationary service in a higher class in the

same class series.

B. The appointment to the higher class in the class series, as de-

scribed in A, above, immediately followed the probationary service in

the lower class.

C. Each performance evaluation pursuant to Civil Service Rule X (A)

received in both classes had an overall rating of satisfactory or

better.

D. The employee submits a written request to his/her appointing au-

thority which specified the class in which he/she wishes to have per-

manent status for Purposes of layoff applied, and the appointing au-

thority concurs with C, above.

E. The Personnel Director verifies that sufficient hours of service

were attained in probationary status, service in the two classes was

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

class series.

33.14 IMPLEMENTATION. The change in the provision of Article 33.7B from

the previous Memorandum with respect to leaves of absence which exceed 152

hours shall be effective December 3, 1983.

The provision (last paragraph) in Article 33.7 with respect to seniority

credits in the lower class being applied to a higher class shall be made

effective December 3, 1983.

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ARTICLE 34 GRIEVANCE PROCEDURE

The County and Association recognize that early settlement of grievances is

essential to sound employee management relations. The parties seek to es-

tablish a mutually satisfactory method for the settlement of grievances of

employees, or the Association. In presenting a grievance, the aggrieved

and/or his/her representative is assured freedom from restraint, interfer-

ence, coercion, discrimination, or reprisal. Pursuant to this Memorandum of

Understanding and the County's Procedures Manual, Section 160, Salary,

Compensation and Leave Provisions, which directly applies to employees in

the Middle Management Representation Unit, the procedures and provisions

herein are established in order to maintain a reasonable and uniform pro-

cess for dealing with disputes.

DEFINITION

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

1. A management interpretation of application of provisions of this

Memorandum of Understanding which adversely affects an employee's

wages, hours or conditions of employment; or

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

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

sions, which directly applies to employees in the Middle Manage-

ment Representation Unit and which adversely affects the employ-

ee's wages, hours, or conditions of employment.

B. Specifically excluded from the grievance procedure are:

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

resolution, ordinance, or minute order;

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

3. Probationary dismissals upon original appointment;

4. Content of performance evaluations;

5. Leaves of Absence, Article 30; and

6. Violation, misinterpretation, or misapplication of Civil Service

Rules or provisions of the County Code.

7. Affirmative action or harassment complaints.

8. Complaints regarding Worker's Compensation or the applicable

procedures for such complaints.

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

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

follow the process specified in Article 5 is grievable.)

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PRESENTATION

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

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

sented by a group of employees or by the Association. No grievance settle-

ment may be made in violation of an existing rule, ordinance, memorandum of

understanding, minute order or resolution of the Board of Supervisors or

State law. Association grievances shall comply with all foregoing provi-

sions and procedures.

GENERAL PROVISIONS

A. The provisions of this Article shall not abridge any rights to which

an employee may be entitled under the County's limited civil service

system, or merit employment system, nor shall it be administered in a

manner which would abrogate any power which, under the limited civil

service system, or merit employment system, is the sole province and

discretion of the Civil Service Commission.

B. Failure of the employee to file a grievance or an appeal within the

required time limits at any step shall constitute an abandonment of

the grievance. Failure of the County to respond within the time limit

of any step shall result in an automatic advancement of the grievance

to the next step.

C. In no event shall any grievance include a claim for money relief for

more than a sixty (60) day period prior to filing of the grievance.

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

mutual agreement in writing.

E. Grievances may, by mutual agreement, be referred back for further

consideration or discussion to a prior step or advance to a higher

step of the grievance procedure.

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

mend on any dispute unless such dispute involves a position in a unit

represented by the Association and unless such dispute falls within

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

PROCEDURE

A. INFORMAL GRIEVANCE

Any employee who believes that he or she has a grievance may discuss

his/her complaint with the immediate supervisor in an attempt to re-

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

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B. FORMAL GRIEVANCE

1. STEP 1

Within twenty (20) calendar days of occurrence of discovery of an

alleged grievance, the grievance may be presented to the department

head or designated representative with a copy to the Personnel Direc-

tor. The grievance shall be submitted on a County of Santa Cruz Griev-

ance Form and shall contain the following information:

a. The name of the grievant;

b. The specific nature of the grievance;

c. The date, time and place of occurrence;

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

Section 160 of the County Procedures Manual alleged to have

been violated;

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

f. The corrective action desired; and

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

ployee to enter the grievance.

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

ed steward. A reasonable amount of time will be granted the employee

and steward to handle the initial investigation and processing of the

grievance. The steward may discuss the problem with employees immedi-

ately concerned and attempt to achieve settlement of the matter.

The department head or designated representative shall provide a writ-

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

2. STEP 2

If the aggrieved is not satisfied with the first step decision, they

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

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

designated representative. The Personnel Director or designated rep-

resentative shall provide a written decision within fourteen (14)

calendar days of receipt of the appeal.

3. STEP 3

The decision(s) of the Personnel Director may be appealed within seven

(7) calendar days to a hearing panel which is comprised of the Civil

Service Commission. The written appeal shall be filed with the Per-

sonnel Director. The decision of the hearing panel shall be final and

binding on all parties.

ARTICLE 35 WORK IN A HIGHER CLASS

In the event of a paid absence of an employee in a budgeted position in

this unit that is a result of sick leave, administrative leave, vacation,

53

and/or compensatory time off, a regular employee in this representation

unit may be temporarily assigned by the appointing authority to perform the

full range of duties of the position of the absent employee, with the prior

approval of the Personnel Director. An employee is not eligible for these

provisions if the assignment to be made is within the same alternately

staffed classifications. The following conditions must be met for the em-

ployee to receive pay for work in the higher class: (1) the employee must

meet the employment standards for the higher class and must be appointed

from an appropriate employment list, if one exists, in accordance with the

certification and appointment provisions of Section VI of the Civil Service

Rules and Section 4.15.020 of the County Code; and (2) appointments shall

be for absences of at least 40 continuous hours.

No time served in a "Work in a Higher Class" appointment shall contribute

towards acquiring probationary or permanent status in the higher class.

No such temporary assignment shall continue for longer than 45 days except

that one additional temporary appointment for a maximum of 45 days may be

authorized by the Personnel Director provided that valid reasons exist to

justify the extension.

These "Work in a Higher Class" provisions shall not supplant existing Civil

Service Rule and County Code provisions with respect to appointments to

vacant positions or substitute appointments.

ARTICLE 36 SEVERABILITY OF PROVISIONS

In the event that any provision of the Memorandum of Understanding is de-

clared by a court of competent jurisdiction to be illegal or unenforceable,

that provision of the Memorandum of Understanding shall be null and void,

but such nullification shall not affect any other provisions of this Memo-

randum of Understanding, all of which other provisions shall remain in full

force and effect.

Association Negotiation Team County Representatives

_______________________________ ______________________________

Park Cuseo William Avery

_______________________________ ______________________________

Nancy McCollum Dania Torres Wong

_______________________________

Clark Beattie

_______________________________

Dawne Harman

_______________________________

Carol Griffith

_______________________________

Mary Lou Nicoletti

54

This informational sheet is provided to direct employees to Civil Service

Rules and other sources concerning complaints, appeals and disciplinary

actions.

1. Grievances concerning the application or interpretation of the Memoran-

dum of Understanding are covered by Article 34 of the Memorandum of Under-

standing.

2. Appeals of disciplinary actions (i.e., suspension, demotion and dismiss-

al) are covered by Civil Service Rules Sections I E, VI E and G, and XIV,

and County Code Sections 3.24.010 and 3.24.030. The Civil Service Rules

comprise Section 130 of the Personnel Regulations Manual, and County Code

sections applicable to personnel actions are found in Section 120 of the

Personnel Regulations Manual.

3. Appeals of employee performance evaluations are covered by Section X of

the Civil Service Rules.

4. Discrimination and harassment complaints are filed with the Affirmative

Action Officer in accordance with procedures contained in Section 190 of

the Personnel Regulations Manual.

5. Employees who are dismissed, suspended or demoted should receive a no-

tice of intended action* and a notice of action which: gives the reason for

the disciplinary action, specifies the charges, identifies materials relied

upon to support the charges and includes copies of such material, and pro-

vides notice of the right to respond or (for permanent employees) appeal

the action.*

6. In accordance with State law, neither the County or the Association

shall interfere with, intimidate, coerce, or discriminate against County

employees because of their exercising their right to form, join, or partic-

ipate in the activities of the Association, or exercising their right to

refuse to join or participate in the activities of the Association.

7. The rights and obligations of employees under the Federal Family & Medi-

cal Leave Act and the State Family Care & Medical Leave Act are described

in the notice attached to this Memorandum of Understanding.

*A notice of intended action is not needed for short term suspensions (five

days or less).

This sheet is reproduced for informational purposes only and is not subject

to the grievance procedure.

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