ARTICLE 1 MEMORANDUM OF UNDERSTANDING - INTRODUCTION

This is a Memorandum of Understanding between the Management Negotiating

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

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

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

regulations. This Memorandum of Understanding contains the complete results

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

neers, Local 3 for County Employees in the Law Enforcement Middle Manage-

ment Representation Unit for the period beginning June 28, 1997 and ending

July 21, 2000.

Unless otherwise specified herein, all provisions shall become effective

June 13, 1998.

ARTICLE 2 RECOGNITION

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

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

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

the Law Enforcement Middle Management Representation Unit.

ARTICLE 3 PEACEFUL PERFORMANCE OF COUNTY SERVICES

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

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

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

es or work site during the term of this Memorandum of Understanding.

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

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

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

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

ticipated in such prohibited activity.

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

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

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

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

revoke the payroll deductions provided; however, the Union shall have re-

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

the Union, or its staff or Board of Directors engaged in such prohibited

activity.

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

no way be deemed to preclude or estop the County or the Union from seeking

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

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

ARTICLE 4 COMPLIANCE WITH MEMORANDUM

In the event of any violation of the terms of this Memorandum, responsible

and authorized Representatives of the Union or the Employer, or any indi-

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

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

tion for the purpose of bringing such persons into compliance with the

terms of this Memorandum. Individuals acting or conducting themselves in

violation of the terms of this Memorandum shall be subject to discipline,

up to and including discharge. The employer shall enforce the terms of this

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

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

ARTICLE 5 PAY

A. Basic Pay Plan. The basic pay plan consists of the salary ranges and

assignment of classes to such ranges provided for in the County salary

resolution. Each employee shall be paid within the range for the class

unless otherwise provided herein.

B. Pay Adjustments

1.Salary Ranges

a. The salary range for the class of Sheriff's Lieutenant shall

maintain an internal salary relationship percent differential

of 18.3% at the top step at the same time adjustments are

made in the salary range for Sheriff's Sergeant.

To illustrate application of this provision, if the seventh

(top) step for Sheriff's Sergeant is $22.21, the top step for

Sheriff's Lieutenant will be: $22.21 x 1.183 = $26.27. This

provision shall be waived through December 17, 1999 only.

2. Salary Adjustments.

Effective September 16, 1997, an additional step shall be added to

the top step of the salary range approximately five (5%) above the

existing top step. Any employee at the current top step who has

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 step shall be eligible for

advancement in accordance with regular step advancement rules.

Effective July 11, 1998, the hourly rate for steps in the salary

ranges for all classes in this representation unit shall increase

by 3.0%.

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Effective December 11, 1999, the hourly rate for steps in the

salary ranges for all classes in this representation unit shall

increase by 4.0%.

C. Requirements for Step Increases.

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

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

an increase at the completion of each number of hours of service, spec-

ified herein below, up to and including the maximum step in the employ-

ee'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

follow:

1. The first step in each schedule is the minimum rate and may be the

hiring rate for the class.

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

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

meets job standards, exceeds job standards or outstanding overall

employee performance rating and upon the recommendation of the

appointing authority.

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

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

meets job standards, exceeds job standards or outstanding overall

employee performance rating and upon recommendation of the ap-

pointing authority.

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

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

meets job standards, exceeds job standards or outstanding overall

employee performance rating and upon recommendation of the ap-

pointing authority.

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

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

meets job standards, exceeds job standards or outstanding overall

employee performance rating and upon recommendation of the ap-

pointing authority.

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

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

meets job standards, exceeds job standards, or outstanding overall

employee performance rating and upon the recommendation of the

appointing authority.

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

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

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meets job standards, exceeds job standards or outstanding overall

employee performance rating and upon the recommendation of the

appointing authority.

D. Hours of Service for Purposes of Step Advancement.

1. Defined. Paid hours of work and paid leave hours accrued by an

employee within the number of authorized hours for the position occu-

pied by the employee shall constitute hours of service. Hours worked in

excess of the number of hours authorized for the position, whether

overtime or otherwise, shall not be included in hours of service.

a) Exceptions. Military leave and time off due to an 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 increases

accrue by class, beginning from the most recent date of appointment.

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

1. Definition. An equal class is one in which the fifth step hourly

rate of the range for the new class is the same as for the current

class.

2. Step Placement. Upon appointment to an equal class, the employee

shall retain the same step.

3. Step Advancement. Upon appointment to an equal class, hours of

service accrued in the former class for purposes of step advancement

shall apply to the new class.

4. Application. This provision shall apply to all appointments to an

equal class, including: transfer, displacement to an equal class, pro-

visional transfer, return from provisional transfer, lateral reclassi-

fication, and reappointment to a former class which has a fifth step

hourly rate which is the same.

F. Step Placement and Step Advancement Upon Appointment to Higher Class.

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

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

hourly rate of the range for the current class.

2. Application. This provision shall apply to all types of appoint-

ment to a higher class, except a reappointment from displacement, and

shall include: promotion (including promotion through upward reclassi-

fication or through alternate staffing), appointment to a former higher

class and a "work in a higher class" appointment.

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

higher class shall be adjusted to the step for the new class closest to

but higher than their old salary, provided, however, that such increas-

es shall be equivalent to an increase of at least 5% within the limits

of the new salary range.

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

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

appointment to the higher class.

G. Step Placement and Step Advancement Upon Appointment to Lower Class

or Downward Reclassification.

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

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

rate of the range for the current class.

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

a) Application. The provisions of paragraphs (b) and (c) below

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

Y-rate, including: demotion, appointment to a former class, dis-

placement to a lower class, return from provisional promotion, and

return from work in a higher class.

b) To class of previous service. If the employee had previously

served in the lower class to which appointed, such employee shall

have all time served in the higher class count as continuous ser-

vice in the lower class for purposes of step placement and ad-

vancement.

c) To class with NO previous service. Upon appointment to a

lower class, the employee s salary shall be adjusted to the same

salary range of the new salary range that he/she was receiving in

the salary range of the higher class and the employee shall re-

ceive credit for hours of service accrued in the step in the high-

er class for purposes of determining step advancement in the lower

class.

3. Downward Reclassification.

a) Overfill Status. When an occupied regular or limited term

position is reclassified downward, the probationary or permanent

incumbent may retain the salary of their former class by being

placed in an overfill status for a period not to exceed five years

from the effective date of reclassification. The provision of

overfill status is a protection device which is intended to reduce

the impact of downward reclassification upon compensation and

class seniority. While in and overfill status, the incumbent em-

ployee shall be eligible for step advancement, general salary

adjustments and accrue seniority which would apply to the former

class. All other benefits and rights of employee representation

which are associated with the former class shall also apply to the

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incumbent employee while in the overfill status; provided, howev-

er, that if the class of the position being overfilled is not

designated as management, the employee will be treated as a non-

salaried employee with respect to: Article 15, Overtime, and any

accrued compensatory time shall be paid off upon commencement of

the overfill; and Article 26, Administrative Leave, and cash pay-

ment 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 employ-

ee's salary shall be adjusted on an equivalent step basis (i.e.,

2nd step to 2nd step) within the salary range for the new class

and no further application of the overfill or Y-rate protection

provisions shall apply.

During the overfill period, the employee's name shall be certified

to vacant positions in the former class: (1) in the same depart-

ment in order of seniority, and (2) in other departments. An

employee who is overfilling shall be demoted to the new class

upon:

1) refusal of one offer of employment in the former class in

the same department; or

2) refusal of three offers of employment in the former class

in other departments; or

3) at the termination of a five year overfill period,

whichever of the foregoing occurs first.

Upon such demotion the employee shall be placed at the step of the

lower salary range which has the rate which is closest to, but not

less than, their salary in the overfill class. In the event that

the employees salary in the overfill class is above the maximum

salary rate for the lower class the employee shall be Y-rated.

b) Y-Rate. An employee who is placed on Y-rate shall retain

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

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

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

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

All other benefits and rights of employee representation which are

associated with the new class to which reclassified shall apply to

the incumbent employee while in the Y-rate status. Where the sala-

ry 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 maxi-

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mum established for the lower class, the employee's salary rate

shall be adjusted to the maximum for the lower class.

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

supervisor to present the employee with a performance evaluation within 30

calendar days of the due date, unless an extension is mutually agreed upon,

shall result in a satisfactory evaluation of the employee as of the due

date, and shall be considered to be a recommendation of step advancement

effective on the due date by the appointing authority.

ARTICLE 6 FAIR EMPLOYMENT PRACTICES - AFFIRMATIVE ACTION

The County and the Union agree that no person employed or applying for

employment shall be discriminated against because of race, color, religion,

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

marital status, sex, sexual orientation, age (over 40), veteran's status,

or any other non-merit factor except where sex or physical capability is a

bona fide occupational qualification. The parties also agree to support,

where reasonable, Affirmative Action efforts which are intended to achieve

equal employment opportunity as provided for in Federal and State require-

ments.

ARTICLE 7 SAFETY

The Union and the County agree that it is in the best interests of all

concerned to provide a safe and healthy working environment. In order to

assure that health or safety hazards are dealt with on a timely basis, the

following procedure shall be used to deal with potential hazards:

1. Employees shall report health or safety hazards to their immediate

supervisor.

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

immediate supervisor shall refer the matter to the Department Safety

Representative. Each department had shall designate a Departmental

Safety Representative.

3. If the Departmental Safety Representative is unable to abate the

hazard, the matter shall be referred to the Safety Officer in the Per-

sonnel Department for resolution.

ARTICLE 8 BUSINESS EXPENSE ALLOWANCE

Prior to July 23, 1988, employees in this unit received a business expense

allowance of $150 per quarter. On and after July 23, 1988, employees in

this unit no longer received a business expense allowance; such employees

received an adjustment in their base hourly salary rate in lieu of the

previous business expense allowance. (For informational purposes only, the

amount received as of July 23, 1988 in their base hourly salary rate in

lieu of the previous business expense allowance was $0.29 per hour.)

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ARTICLE 9 INSURANCES

9.1 HEALTH PLAN.

A. Effective June 13, 1998, the maximum biweekly County and employee

contribution for insurance coverage under the Union's Health and

Welfare Plan shall be as follows:

County Employee

$125.23 $ 4.49 for employee only

$175.45 $30.86 for employee plus one dependent

$206.47 $37.67 for employee plus two or more dependents

Employees in this representation unit hereby authorize the County

to make a payroll deduction of the employee portion of the premi-

ums for insurance coverage under the Union's Health & Welfare

Plan.

B. Adjustment

Effective August of 1998 and August of 1999, the County shall pay

the first $15.00 per month of any increase in contributions for

insurance coverage under the Operating Engineers Health and Wel-

fare Plan and the employee will pick-up the balance of any in-

crease.

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

in the same dental plan as the employee.

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

premium rate increases and of any proposed changes to the current

level of benefits.

E. P.E.R.S. Health Plans.

1. It is understood and agreed that Public Employees' Medical

and Health Care Program statutes, regulations and policies

shall govern eligibility, application for enrollment, cover-

age of employees and retirees and current and new dependents,

termination of coverage of enrollees, available plans, plan

design, and all other provisions related to health plans

offered by P.E.R.S.

2. Employees in this representation unit may enroll in a health

plan offered by P.E.R.S. in accordance with the provisions of

the Public Employees' Medical and Hospital Care Program.

Employees have the option of enrolling their eligible depen-

dents in this program, if the employee is enrolled.

The maximum monthly County contribution to P.E.R.S. Public

Employees' Medical and Hospital Care Program for active,

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eligible employees in budgeted positions in the Law Enforce-

ment Middle Management Unit who elect to participate in such

program shall be:

$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 remainder of the premium required for the Public Em-

ployees' Medical and Hospital Plan in which they and their

dependents are enrolled.

Employees hereby authorize the County to make a payroll de-

duction for the payment of the required P.E.R.S. administra-

tive fee based upon the plan selected by the employee.

Should P.E.R.S. require a contribution to the Public Employ-

ees' Contingency Reserve Fund, employees hereby authorize

payroll deductions equivalent to any such contribution re-

quired by P.E.R.S.

3. Effective 5/1/97, employees in this representation unit who

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

as provided under the Public Employees' Medical and Hospital

Care Program.

For coverage beginning the month of February of 1997, and

during the term of this Memorandum of Understanding, the

County agrees to contribute $55.00* per month for eligible

retirees from the representation unit who are enrolled in a

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

health plan.

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

ly contribution for employees until the County contribution

for retirees equals the County contributions for employees,

as required by P.E.R.S.

It is understood that employees who are enrolled in the Oper-

ating Engineers Health and Welfare Trust Plan at the time of

separation from County service can never enroll in a P.E.R.S.

health plan as a retiree.

F. The parties have agreed to reopen negotiations only for the pur-

pose of equalizing contributions under PERS plans and the Operat-

ing Engineers Health and Welfare Plan, with no additional cost to

the employee or County.

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9.2 DENTAL PLAN.

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

for dental coverage during the term of this agreement.

All dependents must enroll in the same dental plan as the employee, and

must also be enrolled in the Health Plan.

9.3 LONG TERM DISABILITY.

Employees is this representation unit shall be responsible for payment of

premiums to the PORAC Long Term Disability Plan.

9.4 LIFE INSURANCE.

The County agrees to maintain and pay the premium for a Life Insurance plan

for employees in this unit. The Life Insurance plan will be for the employ-

ee only, and shall be a $50,000 term policy with an AD&D provision.

9.5 WHO AND WHEN COVERED.

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

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

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

Term Disability Plan. Contributions for coverage cease in the pay

period in which the employee separates for any reason from a budgeted

position.

B. Dependents (Health Plan, Dental Plan).

1. Contributions for eligible dependents for the Health Plan and

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

the enrollment of eligible dependents. Contributions for eligible

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

separates for any reason from a budgeted position; or (2) the

dependent is no longer eligible.

2. Eligibility for dependents is determined under the applicable plan

document for the Health Plan and for the Dental Plan. In general,

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

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

as the employee---when the employee is appointed to a budgeted

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

employee's new baby; the employee's newly adopted child), must be

added to the Health Plan and Dental Plan within 31 calendar days

of marriage, birth or adoption. Coverage begins the first day of

the first full pay period after enrollment.

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

same dental plan as the employee.

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

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

benefits.

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E. Indemnify, Hold Harmless and Defend.

The Union indemnifies and holds the County, its officers, and employees

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

ty, its officers and employees acting on behalf of the County, against

any and all claims, demands, suits and from liabilities of any nature

which may arise out of or by reason of actions taken or not taken by

the Union, the Operating Engineers Health and Welfare Trust Fund, the

Health and Welfare Trust Fund administrator, or by the County under the

provisions of this Article (9.5), in administering the provisions of

the Operating Engineers Health and Welfare Trust Fund, including but

not limited to, eligibility, coverage, benefits, conversion provisions,

continuation coverage, and exclusions, as well as any liability for any

taxes or penalties resulting from any conflicts with or violations of

Internal Revenue Codes.

9.6 CONTINUATION OF INSURANCES DURING LEAVE OF ABSENCE WITHOUT PAY

As used herein (Article 9.6), payment "in advance" means the last working

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

pay period is 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 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 em-

ployee insurances (e.g., health, life, dental, long-term disabili-

ty) 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

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

employee were working or on paid leave. The employee shall

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

premium contributions for insurances during such leave of

absence without pay. Failure by the employee to make re-

quired payments in advance shall result in the employee and

any dependents losing coverage 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 Section

(9.6).

2. Continuation of Employee Insurance Coverage While Receiving

LTD Benefits(other than FMLA leave).

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

coverage and life insurance coverage shall continue

during the period a current employee receives benefits

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

out pay. An employee may be required to pay for 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 and life insurances

during any leave of absence without pay of one full pay

period or longer. Failure by the employee to pay such

contributions in advance shall result in the employee

and any dependents losing coverage under these plans.

b. The County shall pay the employee-only portion (current-

ly $120.15) towards health insurance premium contribu-

tions during the period a current employee receives

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

sence without pay. An employee may be required to pay

the County's contribution towards coverage in advance

and be reimbursed by the County if confirmation is re-

ceived that s/he is receiving LTD benefits.

Employees are responsible for payment of the remainder

of the health insurance premium contribution during any

leave of absence without pay of one full pay period or

longer. To continue coverage during the leave of absence

without pay, the employee must apply in advance of the

leave to the carrier through the County Personnel De-

partment and make payments to continue coverage of the

employee and any eligible dependents. Failure by the

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employee to pay such contributions in advance shall

result in the employee and any dependents losing cover-

age under the plan.

9.7 RETIREE HEALTH

A. The County shall pay $163.92 per month to the Operating Engineers

Health and Welfare Trust for employees who retire from County

service from this representation unit and who choose (a one-time

irrevocable choice) to participate in an Operating Engineer spon-

sored health plan upon separation from County service, provided

all of the following conditions are met:

(1) the employee files an application for monthly retirement

benefits through PERS at the time of separation; and

(2) the employee is at least 50 years of age at the time of sepa-

ration; and

(3) the employee must have completed at least 20,800 continuous

hours of regular service with the County at the time of sepa-

ration. (Reappointment following layoff shall not constitute

a break in continuous service.)

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

shall be increased from $163.92 to $173.92 per month.

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

shall be increased from $173.92 to $183.92 per month.

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

shall be increased from $183.92 to $193.92 per month.

B. This provision shall terminate should any of the following condi-

tions be met:

(1) upon death of the retired employee; or

(2) upon eligibility of the retired employee for Medicare; or

(3) upon employment with another employer with whom the retired

employee is eligible for health coverage.

C. Retirees or their survivors shall promptly notify the Operating

Engineers Health & Welfare Trust Plan and County of conditions

which terminate eligibility.

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

County monthly, and shall remit any monies collected for ineligi-

ble persons.

E. The County shall not be billed or make payments for retired em-

ployee and/or their dependents who elect COBRA (or its amendments)

coverage rather than coverage as retirees in the Operating Engi-

neers Health & Welfare Trust Plan under the provisions of this

Section (9.7).

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ARTICLE 10 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. Sched-

uled hours of work for an employee may be less than those authorized for

the position occupied by that employee because of decreased workload,

weather, closure of facilities, and other short-term conditions.

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

basis: (1) by mutual agreement between the employee and department, with

the approval of the County Administrative Office; or (2) by Board of Super-

visors action in accordance with Article 25. If an employee's scheduled

work hours are reduced on a continuing basis, the authorized hours of the

position should be reduced accordingly to avoid a negative impact on the

employee.

It is also understood and agreed that no overtime or hours of paid leave

beyond 80 in a pay period, including any straight time overtime, shall be a

factor or credit for purposes of step advancement, contributions to PERS,

paid leave accruals, pay differentials, or seniority accrual.

ARTICLE 11 EFFECTIVE DATE OF TRANSACTION

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

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

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

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

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

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

od; step increases which would be effective the second week of the pay

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

od.

The following transactions are excluded from the provision of this article:

leaves of absence without pay, return from leave of absence without pay;

displacement; work in a higher class appointment; return from work in a

higher class appointment.

ARTICLE 12 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.

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

shall be eligible to receive sick leave after completing hours of

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

months shall be determined by multiplying the authorized weekly

number of hours for the position by 26.

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

sick leave.

4. Provisional Employees on Original Appointment. If a

provisional employee is given a probationary appointment without a

break in service, the employee shall be granted credit for hours

of service as a provisional employee for purposes of earning sick

leave credit.

5. Employees Reappointed from Layoff. Employees who are laid

off and reappointed within a period of 24 months of layoff shall

receive credit for hours of service accumulated prior to layoff

for purposes of determining eligibility for sick leave.

B. SICK LEAVE ALLOWANCE.

1. Employees Reappointed from Layoff (within 24 months)

a. Employees who were not eligible for sick leave

conversion at the time of layoff shall, upon reappointment,

be credited with all unused sick leave accrued at the time of

layoff.

b. Conversion of unused sick leave at 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 ser-

vice.

b. Eligible part-time employees shall be credited with

sick leave on a prorated basis proportionate to the author-

ized hours of their position, upon completion of the required

hours of service under subsection A 2 of this section.

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

employee shall accumulate .0231 hours of sick leave for each

subsequent completed hour of service (approximately 6 days

per year of service).

3. Accrual - Employees on LC4850 Leave. Employees who receive

paid leave under the provisions of California Labor Code 4850

shall not accrue sick leave.

15

C. PERMISSIBLE USES. Sick leave with pay may be used in case of a bona

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

The Director or a 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.

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

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

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

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

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

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

dren; parents; grandparents; and sisters and brothers.

D. LIMITATIONS ON USE.

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

willful self-inflicted illness, injury or misconduct, or in the

event of disability sustained on a leave of absence.

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

Compensation temporary disability benefits in order to provide a

compensation level equal to the employee's normal pay.

3. An employee must use all sick leave accrued prior to going

on a leave of absence without pay for illness, injury, or incapac-

ity 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.

1. Employees appointed to budgeted positions shall be eligible for

conversion of unused sick leave upon separation as specified immediate-

ly below.

a. 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: (a) 450 hours for separations prior to August 14,

1993; and (b) 430 hours for separations on and after August

14, 1993.

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- 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: (a) 450 hours for separations prior to August 14,

1993; and (b) 430 hours for separations on and after August

14, 1993.

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

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: (a) 450 hours for separations prior to August 14,

1993; and (b) 430 hours for separations on and after August

14, 1993.

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

conversion of sick leave as set forth in "a" of this section provided,

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

shall be computed on a prorated basis proportionate to the number of

authorized hours for the employee's position.

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

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

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

unused sick leave, not to exceed: (a) 450 hours for separations prior

to August 14, 1993; and (b) 430 hours for separations on and after

August 14, 1993.

3. All unused sick leave is eliminated upon separation of an employ-

ee.

ARTICLE 13 HOLIDAYS

A. 5 Day/8 Hour Schedule: Employees on the 5 day/8 hour schedule shall

receive the holidays listed below.

1. January 1 - New Year's Day

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

Day"

3. The third Monday in February, known as "Washington Day"

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

5. July 4 - Independence Day

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

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

8. November 11, known as "Veterans Day"

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

10. The day after "Thanksgiving Day"

11. One-half day on December 24th

12. December 25 - "Christmas Day"

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

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

17

fall upon a Saturday, the preceding Friday is a Santa Cruz County holiday.

Should December 25 fall on a Saturday, the preceding Friday is a Santa Cruz

County holiday and the half-day on December 24 will be treated as a County

holiday for a half-day on the preceding Thursday. Should December 25 fall

on a Sunday or Monday, the half-day on December 24 will be treated as a

Santa Cruz County holiday for a half-day on the preceding Friday.

Statewide and local election days shall be regular County work days.

B. General Provisions

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

different from a normal work schedule (i.e., eight hours a day, five

days a week) shall be granted the same number of hours off from their

work as employees on a normal work schedule are granted because of

holidays.

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

with pay shall not constitute a day of paid leave.

3. Qualifications for Pay. In order to qualify for a holiday compen-

sation, the employee is required to work or be in a paid status (e.g.,

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

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

4. Sheriff's Department Employees on 4/10 Schedule. Sheriff's De-

partment employees on the 4 day/10 hour schedule shall receive one day

off per month (i.e., 12 days per year) in lieu of the prescribed holi-

days, and are excluded from the provisions of Part A of this section

(Holidays).

C. Holiday Compensation - Regular Part-Time Employees. Employees working

in budgeted part-time positions that require between 20 and 39 hours

per week shall receive holiday benefits as follows:

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

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

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

position would receive four (4) hours of holiday compensation for

a holiday occurring during the work week).

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

regularly scheduled work day shall be compensated either by salary

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

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

to the part-time position.

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

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

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

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

day.

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ARTICLE 14 VACATION

14.1 Eligibility. Vacation benefits shall be provided in

accordance with the following:

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

entitled to receive a vacation after completion of 2080 hours of ser-

vice 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.

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 com-

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

C. Extra-Help Employees. Extra-help employees shall not earn vacation

leave.

D. Provisional Employees on Original Appointment. If a provisional employ-

ee is given a probationary appointment without a break in service, the

employee shall be granted credit for hours of service as a provisional

employee for purposes of earning vacation credit.

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

reappointed within a period of 24 months of layoff shall receive credit

for hours of service accrued prior to layoff for purposes of determin-

ing eligibility for vacation leave.

14.2 Vacation Allowance.

A. Newly Appointed Employees on the 5 Day/8 Hour Work Schedule.

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

with 112 hours of vacation upon completion of 2080 hours of service.

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 A 2 of this section.

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

accumulate vacation leave for each subsequent completed hour of service

as follows:

19

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

.0538 hours per hour of service (approximately 112 hours per year

of full-time service).

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

10 years); .0731 hours per hour of service (approximately 152

hours per year of full-time service).

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

15 years); .0923 hours per hour of service (approximately 192

hours per year of full-time service).

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

and over); .1115 hours per hour of service (approximately 232

hours per year of full-time service).

B. Newly Appointed Employees on the 4 Day/10 Hour Work Schedule.

1. Each eligible full-time employee newly appointed shall be credited

with 86 hours vacation upon completion of 2080 hours of service.

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 A 2 of this section.

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

accumulate vacation leave for each subsequent completed hour of

service as follows:

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

.0413 hours per hour of service (approximately 86 hours per year

of full-time service).

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

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

per year of full-time service).

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

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

per year of full-time service).

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

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

per year of full-time service).

C. Employees Moving from One Vacation Schedule to Another. Current employ-

ees who move from one vacation schedule to another shall retain their

accumulated vacation credits and accrue vacation leave at the appropri-

ate rate under the new schedule.

20

Should such employee's accrued vacation credits exceed the maximum

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

toward sick leave to the maximum allowable.

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

1. The original appointment date and hours of service completed dur-

ing prior employment with the County by reappointed employees

shall determine the vacation accrual rate.

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

time of layoff shall, upon reappointment, be credited with all

unused vacation leave accrued at the date of layoff.

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

eliminates all earned vacation to employees.

14.3. Limitations On Use.

A. At Convenience of Department. Vacation shall be taken at times desig-

nated by the various department heads.

B. Maximum Accrual. No employee shall be allowed to accrue more than 2.5

times the annual vacation accrual rate indicated for their length of

service on the 5 day/8 hour vacation accrual schedule.

C. Increments. Department heads may allow employees 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

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

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

pensated in cash.

On and after August 14, 1993, employees shall no longer be eligible for

compensation in cash for vacation in excess of the maximum accrual rate

except when so specified in an emergency declared by the County Admin-

istrative 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 normal

pay.

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

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

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

separate from the County service. Such payoff shall be computed by multi-

21

plying the number of earned vacation hours to the employee's credit at the

time of separation by the employee's hourly salary step. Payoff of unused

vacation upon separation eliminates all earned vacation accrued to employ-

ees.

ARTICLE 15 OVERTIME

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

defined:

1. "Holiday" means those days specified in Article 13 of this agree-

ment to be County holidays.

2. "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.).

3. "Overtime". For management employees, compensable overtime

means authorized time worked in excess of 90 hours per two-week

work period. Management employees are considered salaried under

F.L.S.A.

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

ment heads may authorize overtime for employees within their department

when the workload in the department dictates the need.

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

ceeded but department heads shall report the action to the County Ad-

ministrative Officer on the first regular work day following the per-

formance of the overtime worked.

2. Advanced Approval Required. Employees cannot work overtime with-

out the advance approval of department heads or their designated

agents.

3. Time Off at Convenience of Department. Time off in lieu of over-

time pay shall be granted at the convenience of the department head.

4. Eligibility. All employees are eligible for overtime pay 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 excluded

employees.

C. COMPUTATION. Unless specifically provided immediately below, paid time

off from work for any purpose shall not count as time worked for pur-

poses of overtime, including but not limited to: vacation, sick leave,

compensatory time off, paid leave for participation in County examina-

tions 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.

22

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 purposes of computing overtime whether the holiday

is worked or not, and hours worked on a holiday shall be

counted as time worked for the purposes of computing over-

time.

A court appearance as defined by Article 35 shall not

constitute work on a holiday.

b. Holidays which occur on a day other than on an

employee's regularly scheduled work day shall not be counted

as time worked for purposes of computing overtime.

D. COMPENSATION.

1. For management employees eligible to receive compensation for

overtime, 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 compensatory time

existing upon separation shall compensated in cash at one and

one-half times the employee s regular hourly rate.

2. For management employees eligible to receive compensation for

overtime, any authorized overtime hours worked beyond sixty-seven

(67) hours shall not be compensated. (Sixty-seven hours of over-

time work will result in a compensatory time off balance of 100.5

hours.)

3. In the event of a strike by non-management employees or an emer-

gency, the County Administrative Officer may authorize cash pay-

ment for compensable overtime hours.

4. Also see Article 33 regarding payoff of accrued compensatory time

upon appointment to a position in this representation unit.

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ARTICLE 16 NIGHT SHIFT DIFFERENTIAL

Employees who work eight consecutive hours or more which includes at

least four hours of work between the hours of 6:00 p.m. and 8:00 a.m.

as a regular work assignment shall be paid at a rate of five percent

(5%) above their regular salary step as and for a night shift differen-

tial.

ARTICLE 17 CALL BACK PAY

A. Defined. Employees who are ordered to return to their work site or

another specified work site by the Department Head or a designated

representative following the termination of their normal work shift

shall be considered to be on call-back unless otherwise provided in

this Article (17).

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

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

actual time worked.

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

worked, unless the employee engages in productive work en route to the

job site.

B. Compensation. Employees who are called back shall be compensated for

the actual time worked with a minimum of two (2) hours of overtime

compensation being allowed for all periods less than two (2) hours.

Overtime call back compensation shall be administered consistent with

the provisions of Article 15.

ARTICLE 18 RETIREMENT PLAN

A. Effective February 2, 1991, employees in this representation unit will

pay the P.E.R.S. employees contribution, and the County will no longer

pay the employees' PERS contribution. Employees do not have the option

to choose to have the County pay the employee PERS contribution instead

of it being paid by the employee.

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

for all safety members in this representation unit.

C. For informational purposes only, the P.E.R.S. survivors benefit was

increased to the third level (as provided in Government Code Section

21382.4) for safety employees in this unit during the July 9, 1988-

August 3, 1990 Memorandum of Understanding.

D. 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 (9.0%

24

as of the beginning of this Agreement) 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 de-

ferred 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 addi-

tional costs to the County. The parties agree that, in the event that

the law changes such that costs are imposed on the County for exercis-

ing the employer pick-up option under IRC Section 414(h)(2), the County

shall immediately cease designating the employee contributions as being

"picked-up" by the County and such PERS contributions shall revert to

being made on a post-tax basis.

E. Military Service Credit. Subject to the agreement of other Safety

employee groups, the County and Union agree to implement the PERS Mili-

tary Service Credit Option. Implementation will be on a no cost basis

to the County.

ARTICLE 19 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

service 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 required to serve in a court of law in accordance with

1, above, on their day off shall not be compensated for the period of

required court leave but shall receive equal time off as leave with pay

during the same or next work period and such leave with pay shall not

be considered time worked for purposes of overtime.

25

B. 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.

ARTICLE 20 LEAVE OF ABSENCE WITHOUT PAY

A. The granting of any leave of absence without pay shall be based on the

presumption that the employee intends to return to work upon the expi-

ration of the leave. No leave of absence shall be granted by a depart-

ment when an employee has indicated that he/she intends to terminate or

is terminating from regular County service without the prior approval

of both the Personnel Director and Risk Manager.

B. Departmental Leave of Absence Without Pay.

1. Full-Time Employees. A departmental leave of absence without pay

shall not exceed 152 working hours.

2. Part-Time Employees. A departmental leave of absence without pay

shall not exceed hours proportionate to 152 for a full-time employee

(e.g., a departmental leave of absence without pay shall not exceed 76

for an employee whose scheduled hours are 20 per week, or 114 for an

employee whose scheduled hours are 30 per week).

3. Eligibility.

a. Permanent and Non-Civil Service Employees. An employee

who has permanent or non-Civil Service status in their present

class may be granted leave of absence without pay by the appoint-

ing authority for the purpose of improving the training of the

employee for their position or career in the County Service, of

extended illness for which paid leave is not available, or in the

event of urgent personal affairs that 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 ill-

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

ty and requires the full attention of the employee.

c. Extra-Help Employees. Extra-help employees are not

eligible for leave of absence without pay.

26

C. County Leaves of Absence Without Pay. Employees may be granted a leave

of absence without pay in excess of those provided in paragraphs 1 and

2 of B, above, subject to the prior approval of the Personnel Director,

and subject to a satisfactory overall performance evaluation on file.

D. Right of Return.

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

employee who has permanent status in her/his present class guaran-

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

in her/his department at its expiration, or an earlier date mutu-

ally agreed upon by the department and the employee.

2. Probationary and Provisional Employees on Original Appointment and

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

without pay to an employee on an original appointment with proba-

tionary or provisional status or in a position with non-Civil

Service status does not guarantee the right of return.

3. Notwithstanding the provisions of this Article (20), employees

returning from an approved Family Care or Medical Leave of Absence

shall have the right to return to the same or equivalent position

as required by Federal or State Law.

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 ap-

proved.

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 expira-

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

automatically resigned.

27

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.

ARTICLE 21 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 22 CAREER INCENTIVE PROGRAM

1. Employees in the Law Enforcement Middle Management Representation

Unit who possess a POST Advanced Certificate as issued by the

State of California Department of Justice shall be paid an hourly

rate equivalent to 2-1/2% above their regular base salary rate for

career incentive.

2. Employees in the Law Enforcement Middle Management Representation

Unit who possess a POST Management Certificate as issued by the

State of California Department of Justice shall be paid an hourly

rate equivalent to 5% above their regular base salary rate for

career incentive.

3. Sergeants who promoted on or after June 27, 1997 to the rank of

Lieutenant and who were receiving 5% for a POST Advanced Certifi-

cate as a Sergeant shall receive 5% for possession of a POST Ad-

vanced Certificate as a Lieutenant for up to 24 months pending

receipt of the POST Management Certificate. This provision shall

be effective June 13, 1998.

4. The maximum incentive which an eligible employee may receive is

5%. No employee will receive career incentive under more than one

paragraph above.

ARTICLE 23 MEAL ALLOWANCE

Management employees shall be entitled to meal allowance payments when

required to work away from home on County business for a minimum of two

hours after the end of the regular work day, or two hours before the begin-

ning of the regular work day, or when required to work away from home on

County business on a day which is not a regular work day for a minimum of

four hours. The meal allowance payments shall be in the amount of the

maximum rates specified in Section 100 of Title I of the County Procedures

Manual.

28

ARTICLE 24 GRIEVANCE PROCEDURE

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

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

lish a mutually satisfactory method for the settlement of grievances of

employees, or the Union. In presenting a grievance, the aggrieved and/or

his/her representative is assured freedom from restraint, interference,

coercion, discrimination, or reprisal. Pursuant to this Memorandum of Un-

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

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

Law Enforcement Middle Management Representation Unit, the procedures and

provisions herein are established in order to maintain a reasonable and

uniform process for dealing with disputes.

DEFINITION

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

1. A management interpretation of application of provisions of this

Memorandum of Understanding which adversely affects an employee's

wages, hours or conditions of employment; or

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

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

sions, which directly applies to employees in the Law Enforcement

Middle Management Representation Unit and which adversely affects

the employee's wages, hours, or conditions of employment.

B. Specifically excluded from the grievance procedure are:

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

resolution, ordinance, or minute order;

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

3. Probationary dismissals upon original appointment;

4. Content of performance evaluations;

5. Leaves of Absence, Article 20; 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 pro-

cedures for such complaints.

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

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

follow the process specified in Article 6 is grievable.)

29

PRESENTATION

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

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

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

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

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

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

dures.

GENERAL PROVISIONS

A. The provisions of this Article shall not abridge any rights to which an

employee may be entitled under the County's limited civil service sys-

tem, 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 con-

sideration 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 this

unit and unless such dispute falls within the definition of a grievance

as set forth in the Article.

PROCEDURE

A. INFORMAL GRIEVANCE

Any employee who believes that he or she has a grievance may discuss

his/her complaint with the immediate supervisor in an attempt to re-

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

B. FORMAL GRIEVANCE

1. STEP 1

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Within twenty (20) calendar days of occurrence of discovery of an al-

leged grievance, the grievance may be presented to the department head

or designated representative with a copy to the Personnel Director. The

grievance shall be submitted on a County of Santa Cruz Grievance Form

and shall contain the following information:

a. The name of the grievant;

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 designated

steward. A reasonable amount of time will be granted the employee and

steward to handle the initial investigation and processing of the

grievance. The steward may discuss the problem with employees 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 repre-

sentative shall provide a written decision within fourteen (14) calen-

dar 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 Person-

nel Director. The decision of the hearing panel shall be final and

binding on all parties.

ARTICLE 25 LAYOFF PROVISIONS

25.1 LAYOFF DEFINED

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

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

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

government.

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25.2 PURPOSE OF LAYOFF PROVISION

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

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

25.3 DECISION PROCESS

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

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

ed.

25.4 SCOPE OF APPLICATION

Layoff provisions shall apply only to the department in which a workforce

reduction is to occur and to the classes designated for layoff, or affected

by displacement, within that department.

The County Personnel Department shall provide affected employees with two

(2) weeks written notice of layoff and/or displacement.

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

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

weeks per fiscal year.

25.5 ORDER OF LAYOFF

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

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

dance with the following:

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

shall be laid off first;

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

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

off next;

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

a substandard evaluation on their last two scheduled performance evalu-

ations shall be laid off next in reverse order of seniority, i.e., the

employee with the least seniority as defined in 25.7 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 25.7.

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25.6 DISPLACEMENT (BUMPING) IN LIEU OF LAYOFF

Displacement is the movement in a layoff of an employee to an equal or

lower class on the basis of seniority. (An employee cannot displace to a

higher class.)

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

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

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

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

as defined in 25.7. Any employee thus displaced may in the same manner

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

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

which he/she has rights. Should 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.

25.7 SENIORITY FOR PURPOSES OF LAYOFF AND DISPLACEMENT

Seniority rights for purposes of layoff and displacement and involuntary

reduction in authorized hours shall be available only to County employees

in the Classified Service that have attained permanent status.

Seniority credits for purposes of layoff, displacement and involuntary

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

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

continuous County service.

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

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

tive Officer action. Hours worked in excess of the number of hours

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

determination of seniority credit.

B. Continuous County service is service uninterrupted by termination and

provided that those hours of a leave of absence without pay which ex-

ceed 152 consecutive hours shall be deducted from the authorized hours

of service total for purposes of determining seniority credit.

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

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

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

employee during the period of layoff.

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

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

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

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

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

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

displacement or involuntary reduction in authorized hours within the de-

partment.

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

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

permanent status has been obtained.

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

accrue to the most recent class for seniority credit.

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

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

displacement.

Determination of the relationship between existing classes with respect to

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

of the fifth step salary for the classes.

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

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

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

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

was abolished.

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

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

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

tionary and provisional service and "work in a higher class" shall be

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

has achieved permanent status in continuous service.

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

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

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

upon completion of probation in the higher class.

25.8 OPPORTUNITY FOR EMPLOYEE REVIEW

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

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

vised, established, abolished or retitled.

All employees shall be provided an opportunity, through their employing

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

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

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

an opportunity to submit information supporting a differing conclusion.

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

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

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

ther review.

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25.9 RETENTION OF REEMPLOYMENT LIST STATUS

Laid off employees having permanent status at the time of layoff, or perma-

nent employees who displaced to a lower class on the basis of prior perma-

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

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

fied to openings from reemployment lists established for each class in

which they have reemployment rights.

Such employees shall be placed on the Departmental Reemployment List in

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

wide Reemployment List as a bloc in no particular order.

A. Departmental Reemployment Lists

If an opening occurs in the department from which employees were laid

off, those on the reemployment list will be certified to positions in

the class in from which they were separated on a one-to-one basis in

order of seniority. A Departmental Overfill List is the only list that

shall have precedence over a Departmental Reemployment List. (Civil

Service Rules, Section IV.)

A department may request selective certification of bilingually quali-

fied employees from a Departmental Reemployment List for a vacant posi-

tion that is designated as bilingual pursuant to Article 20 B 1 through

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

cation shall be: (1) County-wide Overfill List; (2) County-wide Reem-

ployment List., and (3) other employment lists as specified in Civil

Service Rule VI B 2.

B. Countywide Reemployment Lists

If an opening occurs in a class in departments other than the one in

which the layoff took place, the Personnel Director shall certify the

County-wide Overfill Lists for that class to the other department(s).

If there is no County-wide Overfill List for the class, the next list

to be certified shall be the County-wide Reemployment List. Names on

such a County-wide Reemployment List shall be certified together as a

bloc in no particular order.

A department may request selective certification of bilingually quali-

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

that is designated as bilingual pursuant to Article 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:

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1. He/she refuses one offer of an interview or one offer of reemploy-

ment in the class from which he/she was laid off or displaced;

OR

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

displacement.

A laid-off employee's name may also be removed from reemployment lists

on evidence that the person cannot be located by postal authorities.

The name of a person on a reemployment list who fails to reply within

ten (10) working days to a written certification notice shall be re-

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

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

25.10 PREFERENTIAL CONSIDERATION

The Personnel Department will, within the latitude of the Civil Service

Rules, attempt to assist probationary and permanent employees subject to

layoff as a result of the application of these provisions. To avail them-

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

employment applications upon request of the Personnel Department. Assis-

tance to be provided to such employees by the Personnel Department will

entail:

A. Referral of laid off probationary employees on a "re-entry" list for

consideration of appointments to the class from which laid off, along

with Persons on other eligible lists.

B. Referral of reemployment lists as alternate lists to vacancies in other

classes for which there are no employment lists, in accordance with

Civil Service Rules.

C. Referral of "re-entry" lists as alternative lists to vacancies in other

classes for which there are no employment lists in accordance with

Civil Service Rules.

D. Job search training for groups of affected employees, within staffing

and on-going workload limitations.

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

staffing and on-going workload limitations.

Employees whose names remain on a reemployment list may compete in promo-

tional examinations pursuant to Civil Service Rule VIII.

25.11 EMPLOYEES APPOINTED TO LIMITED-TERM POSITIONS

Notwithstanding any other provisions of this Article (Article 25), an em-

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

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

tion without regard to other provisions of the Article.

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25.12 OTHER MEANS OF ATTAINING PERMANENT STATUS FOR PURPOSES OF

SENIORITY

For purposes of layoff only, an employee with hours of service equivalent

to at least six months continuous probationary service in a class may be

considered to have attained permanent status in that class provided all the

criteria specified below are met.

A. The employee has completed hours of service equivalent to at least six

months continuous probationary service in a higher class in the same

class series.

B. The appointment to the higher class in the class series, as described

in A, above, immediately followed the probationary service in the lower

class.

C. Each performance evaluation pursuant to Civil Service Rule X (A) re-

ceived in both classes had an overall rating of satisfactory or better.

D. The employee submits a written request to his/her appointing authority

which specified the class in which he/she wishes to have permanent

status for Purposes of layoff applied, and the appointing authority

concurs with C, above.

E. The Personnel Director verifies that sufficient hours of service were

attained in probationary status, service in the two classes was contin-

uous and uninterrupted, and that the two classes are in the same class

series.

ARTICLE 26 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, whether

by layoff or other reason, shall begin earning administrative

leave upon reappointment. Such employees shall not receive an

initial credit or advance of administrative leave upon reappoint-

ment.

37

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 adminis-

trative leave upon reinstatement.

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

administrative leave equal to the number of authorized weekly

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

ment 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

appointment to a management position. Initial credit for

administrative 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 initial

credit received by the employee.

2. Should the employee not work sufficient hours during the

first year of employment to earn credit for the initial

hours advanced, the unearned advanced administrative

leave shall be deducted from continuing administrative

leave or vacation hours to the employee's credit.

C. CONTINUING ADMINISTRATIVE LEAVE. In addition to the initial credit of

administrative leave provided in paragraphs 1 and 2 of subsection B of

this section, each eligible employee shall earn .0385 hours of adminis-

trative 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. Management employees may elect to utilize any admin-

istrative leave to their credit for paid leave or may receive cash

38

payment for such administrative leave at their regular hourly salary

rate. Usage of administrative leave for paid leave shall be subject to

the same limitations as the use of vacation leave except that no mini-

mum period of employment shall be required at any time before adminis-

trative 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.

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

note below.

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

any reason, separate from a management position prior to earning

in full the initial credit of administrative leave shall have any

administrative leave or vacation leave hours their credit there-

upon 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.

ARTICLE 27 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 receiv-

ing the premium(s).

B. NOT APPLIED TO OVERTIME.

Premium pay differentials shall not apply to overtime worked.

ARTICLE 28 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.

Changes to this 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.

39

B. Payment of mileage reimbursement for any travel on County business

provides compensation for all direct and indirect costs associated with

ownership, insurance (including deductible), maintenance and operation

of the employee's automobile for all mileage for any County business

travel.

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

County business by the County Administrative Office. Effective March

1, 1983, 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

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

including bodily injury and property damage.

ARTICLE 29 ROTATION AND REASSIGNMENT EXPECTED AND NORMAL

It is understood and agreed that public safety officers covered by this

Memorandum are expected to rotate among shifts and are subject to periodic

reassignment among functions and geographic areas as a normal part of their

work and that such changes are not punitive even though employees may lose

(or gain) eligibility for compensation items (such as night shift differen-

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

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

such rotation or reassignment.

ARTICLE 30 ABSENCE WITHOUT LEAVE

An employee absent from duty for a period which exceeds three working days

without authorized leave shall be considered to have abandoned his position

and to have automatically resigned.

Such resignation shall be rescinded by the appointing authority if the

employee can show to the satisfaction of the appointing authority that it

was impossible to contact the department of employment, provided the 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.

ARTICLE 31 UNIFORMS

The County agrees to provide replacements for worn out or damaged uniforms

for employees in this unit, provided that uniform items are not damaged

through gross negligence. Items covered by this program are: shirts,

pants, jackets, shoes, hats, and ties.

40

Uniforms replaced under this provision shall be replaced on an equivalent

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

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

while traveling to and from work.

It is agreed that the County shall no longer provide a uniform cleaning

allowance for employees in this representation unit, effective June 30,

1984.

ARTICLE 32 BEREAVEMENT LEAVE

Employees in this representation unit shall be granted bereavement leave

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

spouse, a relative in the first degree, or the domestic partner of the

employee as recognized by the County after submission of an Affidavit of

Domestic Partnership. Relatives of the first degree include the following:

the parents of the County employee, the grandparents of the County employ-

ee, the sisters and brothers of the County employee, and the children of

the County employee. Children are defined as the natural child of the

employee, the adopted child of the employee, and the step-child of the

employee, and also include the children of the employee's domestic partner.

A domestic partner of an employee and the children of that domestic partner

are recognized by the County after submission of an Affidavit of Domestic

Partnership.

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

occurring within California or five (5) days occurring outside of Califor-

nia.

ARTICLE 33 PAYOFF OF COMPENSATORY TIME UPON APPOINTMENT TO UNIT

An employee who is appointed to a position in the Law Enforcement Middle

Management Representation Unit shall have any accrued compensatory time to

his/her credit paid off at the time of appointment to this unit at the

hourly rate salary for the previous class.

ARTICLE 34 BODY ARMOR

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

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

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

armor shall be the actual cost of the refurbishment, repair or replacement

during the life of this agreement.

ARTICLE 35 COURT APPEARANCE PAY

1. Court Appearance - Subpoenaed as Arresting Officer. Employees in this

representation unit who, as the arresting officer, are required to

appear in court at a time other than their regular shift shall receive

41

$100.00 for that day's court appearances. (Coding of the timecard for

receipt of the $100.00 payment shall be specified by the Auditor's

Office.) Time spent in court appearances when subpoenaed as the ar-

resting officer shall not be considered time worked.

2. Court Appearances - Other Subpoenas. Time actually spent in court ap-

pearances for any other subpoenas (i.e., when not the arresting offi-

cer) shall count, along with other time worked, towards compensatory

time.

3. General. No employee shall be compensated for court appearance pay and

court leave simultaneously.

ARTICLE 36 FULL AGREEMENT

It is understood this Agreement represents a complete and final understand-

ing on all negotiable issues between the County and the Union. This Agree-

ment supersedes all previous memoranda of understanding or memoranda of

agreement between the County and the Union except as specifically referred

to in this Agreement. All ordinances or rules covering any practice, sub-

ject or matter not specifically referred to in this Agreement shall not be

superseded, modified or repealed by implication or otherwise by the provi-

sions hereof. The parties, for the term of this Agreement, voluntarily and

unqualifiedly agree to waive the obligation to negotiate with respect to

any practice subject or matter not specifically referred to or covered in

this Agreement even though such practice, subject or matter may not have

been within the knowledge of the parties at the time this Agreement was

negotiated and signed. In the event any new practice, subject or matter

arises during the term of this Agreement and an action is proposed by the

County, the Union shall be afforded all possible notice and shall have the

right to meet and confer upon request. In the absence of agreement on such

a proposed action, the County reserves the right to take necessary action

by Management direction.

ARTICLE 37 SEVERABILITY

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

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

able, that provision of the Memorandum of Understanding shall be null and

void, but such nullification shall not affect any other provisions of this

Memorandum of Understanding, all of which other provisions shall remain in

full force and effect.

ARTICLE 38 OTHER PROVISIONS

Existing and newly appointed employees in this representation unit will

have their paychecks automatically deposited in a participating financial

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

ment to complete a payroll authorization form for a participating financial

institution.

42

Payroll authorization forms are available from the employee's departmental

payroll clerk.

ARTICLE 39 UNPAID DAYS OFF

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

sentation unit during the term of this agreement.

COUNTY NEGOTIATING TEAM OPERATING ENGINEERS LOCAL 3

NEGOTIATING TEAM

_____________________________ _______________________________

Dania Torres Wong Barbara Williams

_____________________________ _______________________________

Kim Geron Dennis Smith

_____________________________ _______________________________

Pruit Tully Roger Wildey

_____________________________

William H. Avery

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