ARTICLE 1 MEMORANDUM OF UNDERSTANDING - INTRODUCTION

This is a Memorandum of Understanding between the the County of Santa Cruz and

the Service Employees International Union Local 415 for the General Representa-

tion Unit. Both parties agree that this memorandum is a result of meeting and

conferring in good faith under the terms of State law and County regulations.

This Memorandum of Understanding contains the complete results of negotiations

between the County of Santa Cruz and SEIU Local 415 for County employees for the

period September 15, 1999 through September 13, 2002 and supersedes all previous

agreements.

Unless otherwise specified herein, all provisions of this agreement shall become

effective October 30, 1999.

ARTICLE 2 RECOGNITION

2.1 The County of Santa Cruz recognizes Service Employees International Union

Local 415, (hereinafter referred to as "Union") as the exclusive bargaining

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

the General Representation Unit. Such representation and this Memorandum shall

not apply to extra-help (temporary) employees.

2.2 The County agrees to pay Auditor-Controller charges for the cost of payroll

deductions for Union dues, service fees, and premiums for existing insurances.

2.3 The County agrees to continue to provide monthly dues deduction status

reports, quarterly unit census data reports, and termination/new hire member

reports at no cost to the Union. By December 1, 1999, the termination report

will be modified to identify persons whose separation notice was coded as a

retirement.

2.4 The County agrees to continue to provide a payroll deduction program for

voluntary employee contributions to the Committee on Political Education

(C.O.P.E.) for employees in the General Representation Unit, subject to the

following conditions:

A. Voluntary deductions for C.O.P.E. shall be withheld only if the employ-

ee so authorizes in writing on a form provided by the Union and approved by

the County.

B. Payroll deductions shall commence on the second pay period after the

authorization is received by the County.

C. Employees may sign up, change the amount of their contributions or

discontinue their contributions at any time.

D. Charges by the Auditor-Controller for the cost of administration of the

program shall be paid for by the union.

E. The Union shall indemnify, defend and hold the County, its officers and

employees harmless against any and all claims, demands, suits and from

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liabilities of any nature which may arise out of or by reason of any action

taken or not taken by this County under the provisions of this Section 2.4.

2.5 Upon request, the County will meet and confer with the Union regarding

extra-help employee issues, including representation rights under County

rules, possible conversion of extra-help to budgeted positions, and the

like.

ARTICLE 3 UNION ACTIVITIES

3.1 STEWARDS

The Union agrees to notify the County of their Stewards. At least one Steward

shall be allowed in each department. If a department has more than one physical

work location, a Steward shall be allowed at each separate physical work loca-

tion. If more than twenty-five employees in the same department are assigned to

one physical work location, one Steward shall be allowed for each twenty-five or

fraction thereof. The Union may request additional Stewards where departmental

circumstances warrant such action and department heads are authorized to grant

such requests where circumstances warrant. Alternate Stewards may be designated

to serve in the absence of the Steward.

The County and Union will jointly offer an eight-hour basic shop steward train-

ing course once a year as part of the Training Task Force program.

3.2 BULLETIN BOARDS

The Union, where it represents employees of a County Department, shall be pro-

vided, by that Department, use of adequate and accessible space on bulletin

boards for communication.

3.3 DISTRIBUTION

The Union may distribute official union material to employees in its Representa-

tion Unit through normal channels.

3.4 VISITS BY AUTHORIZED UNION REPRESENTATIVES

The authorized Union Representative shall be allowed reasonable contact with

employees on County facilities provided such contact does not interfere with the

employee's work.

3.5 COUNTY FACILITIES

County buildings and other facilities shall be made available for use by the

Union or their Representative in accordance with administrative procedures gov-

erning such use.

3.6 NOTIFICATIONS

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A. Notification of Change in Status. It shall be the duty of the County to

notify the Union whenever the services of any County employee in a class in

this unit are engaged or terminated.

B. Disciplinary Action. The County shall notify the Union in writing of any

intended dismissal, suspension or reduction in rank of employees covered by

the Memorandum of Understanding.

C. The County shall, on a biweekly basis, provide the Union with a disk of

payroll information with the same elements as were provided on or before

August 1, 1996.

D. Union Notification. Except in cases of emergencies, the Union shall be

given five (5) working days written notification of any matters within the

scope of representation (wages, hours and working conditions) proposed to

be adopted by the Board of Supervisors or management and shall be given the

opportunity to meet and confer with the County prior to its adoption.

E. Contracting Out. The County agrees that prior to taking action to contract

out functions or activities now performed by employees in the General Rep-

resentation Unit, the County will provide the Union with reasonable written

notice and will meet with the Union and discuss alternative ways to achiev-

ing the County's objectives. The County agrees that, prior to taking ac-

tion to layoff employees in the General Representation Unit, the County

will discuss alternative ways of achieving the County's objectives with the

Union.

3.7 UNION LEAVE AND TIME OFF

The County acknowledges that County employees who are Union board members have

an important role in development and maintenance of harmonious labor relations.

Further, the County acknowledges that effective representation requires partici-

pation in training and union activities and that reasonable time off without pay

should be available for such purposes.

The Union acknowledges the County's priority for County programs and services

and projects. The Union recognizes the need for notice and limitations in the

administration of this article. Further, the Union recognizes that an employee/

Union board member may have specialized skills, abilities and knowledge which

are necessary and cannot be reasonably replaced.

The County and Union agree that an employee/Union board member shall be entitled

to an aggregate of 10 days per year time off without pay for Union training and

activities subject to the following limitations:

A. Two weeks advance notice of each absence, unless mutually waived.

B. No more than two employees may be off at the same time.

C. The employee has skills, talents, abilities and knowledge which can

reasonably be replaced.

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A leave without pay may be granted by the appointing authority with the approval

of the CAO for a period of twelve months. The CAO's decision on such leaves is

final. A person granted such leave who has permanent status in her/his class

shall have the right to return to a position in that class. While on such

leave, the person shall not be considered a County employee for any purpose

except, for an employee with permanent status in her/his class, the right to

return at the expiration of the leave.

ARTICLE 4 UNION SECURITY

4.1 RELATIONSHIP AFFIRMATION

The Union recognizes its obligation to cooperate with the County to maximize

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

County, consistent with its obligations to the employees it represents. The

County and the Union affirm the principal that harmonious labor-management rela-

tions are to be promoted and furthered.

4.2 NOTICE OF RECOGNIZED UNION

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

employment in a class represented by the Union. The notice shall contain the

name and address of the Union and the fact that the Union is the exclusive bar-

gaining representative for the employee's unit and class. The County shall give

the employee a copy of the current Memorandum of Understanding.

4.3 AGENCY SHOP

A. Except as provided in Section 4.4, 4.5 and 4.6 of this Article (Arti-

cle 4), each person appointed to a class in the General Representation Unit

on or after November 5, 1983, shall, and as a condition precedent to em-

ployment, be required to execute an authorization for the payroll deduction

of Union dues, or of a service fee not to exceed union dues, and shall

continue said authorization during the period of employment. Said author-

ization shall be made on a form provided by the Union and approved by the

County. The Union shall receive copies of executed authorization forms from

the County Personnel Department. Payroll deductions shall commence on the

third pay period of employment.

B. Except as provided in Sections 4.4, 4.5 and 4.6 of this Article (Article

4), each person employed in the General Representation Unit on or before

December 2, 1983 shall be liable for payroll deduction of Union dues, or

of a service fee not to exceed Union dues during the term of this Memoran-

dum of Understanding. Commencing three pay periods following the effective

date of this section and continuing for the duration of this Memorandum of

Understanding, the County shall make payroll deductions of Union dues or a

service fee not to exceed Union dues or a charitable contribution as pro-

vided in Section 4.6 (c). This obligation supersedes the provisions of

Section 181.14B of the County's employee relations resolution.

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4.4 MAINTENANCE OF MEMBERSHIP

Employees in classes designated as supervisory in the General Representation

Unit who have executed an authorization for the payroll deduction of union dues

or of a service fee prior to November 5, 1983 shall continue such deductions

during the period covered by this memorandum. Such employee may withdraw from

deductions during the month of April as described below.

Any designated supervisory employee desiring to revoke his or her authorization

for union dues or service fee shall during the month of April forward a letter

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

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

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

ceived during the month of April. The Personnel Department shall promptly for-

ward a copy of said letter to the Union.

Failure to timely notify the Personnel Department shall be deemed an abandonment

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

4.5 MODIFIED AGENCY SHOP

Each person appointed to a class designated as supervisory in the General Repre-

sentation Unit on or after November 5, 1983 shall, unless otherwise provided in

this Article (Article 4), at the time of appointment and as a condition of ap-

pointment, be required to execute an authorization for the payroll deduction of

union dues, or of a service fee not to exceed union dues and shall continue said

authorization in effect during the period of employment, except that such em-

ployee may initiate a request to withdraw said authorization within thirty cal-

endar days from the date of appointment or thereafter during the month of April

as described below.

Said authorization shall be on a form provided by the Union and approved by the

County.

The authorization form shall include a statement that the Union and the County

have entered into a Memorandum of Understanding, that the employee is required

to authorize payroll deductions of union dues, or a service fee not to exceed

union dues as condition of employment, and that such authorization may be re-

voked within the first thirty calendar days of employment upon proper written

notice of the employee within said thirty day period as set forth below. Each

such employee shall, upon completion of the authorization form, receive a copy

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

right to revoke said authorization.

The County Personnel Department shall promptly forward a copy of the authoriza-

tion form to the Union.

Any designated supervisory employee desiring to revoke his or her authorization

for union dues or service fee not to exceed union dues shall during the first 30

calendar days from the date of appointment or during the month of April forward

a letter through the U.S. mail to the County Personnel Department, 701 Ocean

Street, Santa Cruz, CA 95060, setting forth his or her desire to revoke said

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

be received no later than 30 calendar days from the date of appointment to the

designated supervisory class or during the month of April as specified in 4.4.

The Personnel Department shall promptly forward a copy of said letter to the

Union.

Failure to timely notify the Personnel Department shall be deemed an abandonment

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

Payroll deductions shall commence on the third pay period of appointment.

4.6 EXCLUSIONS

A. Employees in positions designated as confidential employees are excluded

from the provisions of this Article (Article 4). The positions currently

designated as confidential are listed on Attachment A. Employees designat-

ed as confidential may be changed by the County in accordance with provi-

sions of the Memorandum of Understanding and of the County's Employee Rela-

tions Resolution.

B. Designated supervisory employees are excluded from the provisions of Sec-

tion 4.3 of this Article. Attachment B includes the classes currently des-

ignated as supervisory. New positions and classifications shall be desig-

nated in accordance with the provisions of the County's Employee Relations

Resolution.

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

has historically held conscientious objections to joining or financially

supporting public employee organizations shall not be required to join or

financially support the Union as a condition of employment, and is excluded

from the provisions of Section 4.3 of this Article.

Such employee shall authorize a payroll deduction in an amount equal to

service fees to a non-religious, non-labor, charitable organization exempt

from taxation under Section 501 (c) (3) of the Internal Revenue Code. Said

payroll deduction shall be made to an organization for which payroll deduc-

tions have been arranged through the County Auditor-Controller.

Each person requesting exemption from the provisions of Sections 4.3 (A)

and 4.3 (B) of this Article shall file a claim with the Union on a form

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

exemption from Section 4.3 (A) must be filed with the County Personnel

Department as a condition precedent to employment.

A claim for a religious exemption under Section 4.3 (B) of this article

must be filed by December 2, 1983 at the County Personnel Department on a

form provided by the Union, approved by the County, and available from the

County Personnel Department. Claims received after December 2, 1983 will

not be considered.

Should an employee request termination of dues deduction or service fee

because the employee asserts he/she has become a member of a bona fide

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religion, body, or sect which has historically held conscientious objection

to joining or financially supporting employee organizations, the employee

must file a claim of religious exemption at the County Personnel Department

on a form provided by the Union, approved by the County, and available from

the County Personnel Department. Such claims filed with the County shall be

promptly forwarded to the Union for processing.

The Union shall review all claims for religious exemption and notify the

employee and the County of approval or denial of the claim within 40 calen-

dar days of receipt by the Union.

Deduction of charitable contributions shall begin following resolution of

the employee claim for religious exemption. If the exemption is approved,

any service fee collected from the employee since date of filing shall be

returned to the Auditor-Controller for distribution in accordance with the

second paragraph of Section 4.6 (c) of this Article.

4.7 FINANCIAL REPORT

The Union shall maintain an adequate itemized record of its expenditures and

financial transactions and shall make available annually to the County and to

the employees who are in the unit, within 60 days after the end of its fiscal

year, a detailed written financial report thereof in the form of a balance sheet

and an operating statement, certified as to accuracy by its president and trea-

surer or corresponding principal officer, or by a certified public accountant.

4.8 VOTE TO RESCIND AGENCY SHOP PROVISION

Section 4.3 of this article may be rescinded by a majority vote of all employees

in the unit covered by Section 4.3 provided that:

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

County Employee Relations Officer containing the signatures of at least 40%

of the employees in the unit covered by Section 4.3. An employee signature

will be counted only if the employee is in paid status at the time the

petition is submitted and the signature is dated within the ninety (90) day

period prior to the submission of the petition.

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

of the pay period preceding the election.

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

of Understanding, but in no event shall there be more than one vote taken

during such term.

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

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

a $500 bond with the County Employee Relations Officer at the time of filing the

petitions requesting a vote to rescind Section 4.3 of this Article.

4.9 ENFORCEMENT/SEPARABILITY

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In the event that any provision of Article 4.3 is declared by a court of compe-

tent jurisdiction to be illegal or unenforceable, all employees in the represen-

tation unit, who are members of the union, shall remain members during the peri-

od covered by this Memorandum of Understanding, and shall remain subject to all

provisions of this Memorandum of Understanding which have not been declared to

be illegal or unenforceable, provided however, that such members may withdraw

their membership during the month of April of any year. Such employee desiring

to revoke his/her authorization for union dues, shall forward a letter by U.S.

mail to the County Personnel Department, 701 Ocean St., Santa Cruz, California,

95060, setting forth his or her desire to revoke said authorization and may

include reason thereof. To be considered, a letter shall be received by the

County Personnel Department later than the last working day in April. The Per-

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

New employees hired under the provisions of 4.9 shall be required to execute an

authorization form. The authorization form shall include a statement that the

Union and the County have entered into a Memorandum of Understanding, that the

employee is required to authorize payroll deductions of union dues or a service

fee not to exceed union dues as a condition of employment, and that such author-

ization may be revoked within the first thirty calendar days of employment upon

proper written notice by the employee within said thirty day period as set

forth. Each such employee shall, upon completion of the authorization form,

receive a copy of said authorization form which shall be deemed proper notice of

his or her right to revoke said authorization.

The Union shall receive from the County Personnel Department copies of the au-

thorization form.

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

vice fee not to exceed union dues shall, during the first 30 calendar days of

employment or during the month of April, forward a letter through the U.S. mail

to the County Personnel Department, 701 Ocean Street, Santa Cruz, CA 95060,

setting forth his or her desire to revoke said authorization and may include

reasons thereof. To be considered the letter must be received no later than 30

calendar days from the date of employment or during the month of April. The

Personnel Department shall promptly forward a copy of said letter to the Union.

Failure to timely notify the Personnel Department shall be deemed an abandonment

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

4.10 INDEMNIFY AND HOLD HARMLESS

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

on behalf of the County, harmless and agrees to defend the County, it's offi-

cers, and employees acting on behalf of the County and all claims, demands,

suits and from liabilities of any nature which may arise out of or by reason of

any action taken or not taken by the County under the provisions of this Article

(Article 4, Sections 1 through 9).

4.11 PAYROLL DEDUCTIONS AND PAY OVER

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

union insurance programs from the pay of employees in the General Representation

Unit in conformity with County regulations.

The County shall promptly pay over to the designated payee all sums so deducted.

ARTICLE 5 PEACEFUL PERFORMANCE

5.1 The Union and its representatives, agree that it and they will not engage

in, authorize, sanction, or support any County employee strike, slowdown, stop-

page of work, curtailment of production, concerted refusal of overtime work,

refusal to operate designated equipment provided such equipment is safe and

sound, or to perform customary duties. Neither the Union nor any representative

thereof shall engage in any job action for the purpose of effecting changes in

the directives or decisions of management of the County, nor to effect a change

of personnel or operations of management or of employees not covered by this

Memorandum of Understanding.

A violation of this section as determined by the County Administrative Officer

may result in the cessation of Union dues deduction by the County and the sus-

pension of Article 4 of this Memorandum of Understanding.

5.2 In the case of a legally declared strike against another employer which has

been sanctioned and approved by the central labor council having jurisdiction,

an employee who is in danger of physical harm shall not be required to cross the

picket line, provided that the employee advises his/ her supervisor prior to

leaving the picketed location and provided further that an employee may be re-

quired to cross a picket line where the performance of his/ her duties is of an

emergency nature and/or failure to perform such duties might cause or aggravate

a danger to public health, safety, or welfare.

Any employee who participates in any activities prohibited by this Article shall

be subject to discharge or to 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 question of whether he/she in fact participated in

such prohibited activity.

5.3 The County shall make its best effort to enforce the terms of this Memoran-

dum on the part of its management personnel; the Union shall make its best ef-

fort to enforce the terms of this Memorandum on the part of the employees it

represents. Individuals acting or conducting themselves in violation of the

terms of this Memorandum shall be subject to discipline, up to and including

discharge.

ARTICLE 6 NO DISCRIMINATION

A. Fair Employment Practices - Equal Employment Opportunity/Non-discrimina-

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

for employment shall be discriminated against on the basis of race, color,

religion, disability, medical condition (cancer related or genetic charac-

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teristics), national origin, ancestry, marital status, sex, sexual orienta-

tion, age (over 18), pregnancy, gender, veteran's status, or any other non-

merit factor except where sex or physical capability is determined to be a

bona fide occupational qualification after consideration of reasonable

accommodation factors in relation to the essential job duties of the posi-

tion. The parties also agree to support efforts which are intended to

achieve equal employment opportunity as provided for in Federal, State and

County requirements.

B. Union Activities. Neither the County nor the Union shall interfere with,

intimidate, coerce or discriminate against County employees because of

their exercising their right to form, join and participate in the activi-

ties of the Union, or exercising their right to refuse to join or partici-

pate in the activities of the Union.

ARTICLE 7 PAY

7.1 A. General Adjustments.

1. Effective October 30, 1999, the hourly rates for steps in the

salary range for each class shall be increased by 4.0%.

2. Effective September 16, 2000, the hourly rates for steps in the

salary range for each class shall be increased by 2.0%.

3. Effective March 17, 2001, the hourly rates for steps in the sala-

ry range for each class shall be increased by 2.0%.

4. Effective September 15, 2001, the hourly rates for steps in the

salary range for each class shall be increased by 2.0%.

5. Effective March 16, 2002, the hourly rates for steps in the sala-

ry range for each class shall be increased by 2.0%.

B. Special Adjustments

1. Classes to which special adjustments apply and the effective dates of such

adjustments are shown on attached Exhibit 1.

2. Movement of Classes to Seven Step Range with Four Percent Between Steps.

a. Application and Timing. Those classes receiving special adjustments

shall move to a new range structure consisting of seven steps with

four percent between steps. This move shall be effective when the

special adjustment for a class is effective. If more than one special

adjustment is scheduled over time for a class, the move shall occur

when the first special adjustment is scheduled.

b. Computation of Seven Step Range with Four Percent Between Steps ("7/4

range"). The 7/4 range shall be computed by applying the special

adjustment percentage increase to the existing 7th step, and then

computing each successive lower step 4% below the next higher step so

that Step 6 is 4% below Step 7, Step 5 is 4% below Step 6, and so

forth. Two examples of this computation process are shown below---

Example 1 is for a class with a salary range where step 1 is the mini-

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mum step, and Example 2 is for another class with salary range where

step 4 is the minimum step.

Example 1: Class receives 1.9% special adjustment at Step 7

and moves to "7/4 range"

Step1 Step2 Step3 Step4 Step5 Step6 Step7

15.60 16.22 16.83 17.44 18.37 19.18 20.05 prior salary

16.15 16.80 17.47 18.17 18.90 19.65 20.44 "7/4 range" with spe-

cial adjustment

3.5% 3.6% 3.8% 4.2% 2.9% 2.5% 1.9% Percent increase--step

to step comparison

Example 2: Class receives 3.9% special adjustment at Step 7

and moves to "7/4 range"

Step1 Step2 Step3 Step4 Step5 Step6 Step7

13.85 14.36 14.93 15.53 prior salary

14.35 14.92 15.52 16.14 "7/4 range" with spe-

cial adjustment

3.6% 3.9% 3.9% 3.9% Percent increase--step

to step comparison

Please note that special adjustment percentage increase is applied

only to the top (7th) step, and the actual percentage increase for

lower steps will vary as illustrated by the lines titled "percent

increase---step to step comparison."

c. Step Placement of Employees In Move to "7/4 Range." When a "7/4

range" is effective for a class, employees in that class shall be at

the same step in the "7/4 range" as they are on the current range, and

keep the same step hours, with one exception described immediately

below.

(1) Exception. If the hourly rate of employee after the special ad-

justment will be less than the existing hourly rate as a result

of movement to a "7/4 range", the employee shall be placed at the

next higher step in the new "7/4 range" and serve hours at that

step as provided in Article 7.2. Example A, below, illustrates

this exception, where an employee at step 1 would experience a

$0.05 decrease in pay in movement to the new "7/4 range." In this

case, the employee would be moved to Step 2 ($16.57 an hour) in

the new "7/4 range" and serve 2080 hours at that step.

Example A:

Step1 Step2 Step3 Step4 Step5 Step6 Step7

15.98 16.49 17.09 17.57 18.36 19.12 19.93 existing range

15.93 16.57 17.23 17.92 18.64 19.38 20.16 7/4 range after

1.2% special adj.

-0.05 0.08 0.14 0.35 0.28 0.26 0.23 Cents per hour

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change

2. Range simplification. One of the objectives of these special adjustments is

to reduce the number of salary ranges. A number of the special adjustments

are intended to place certain classes at the same salary range. However,

for economic reasons, not all the special adjustments can be implemented at

the same time. Because percentage adjustments compound, and hourly rate

adjustments are rounded to the nearest cent, classifications which are

intended to be at the same salary range might have slightly different

rates. To avoid this and help achieve range simplification, the last spe-

cial adjustments may result in a top step hourly rate which is $0.01 or

$0.02 above or below the rate which would result from a strict application

of the last percentage adjustment.

C. Except as provided for by specific sections of this agreement (for exam-

ple:, Program Coordinator, Bilingual Pay Level 3, Public Works Maintenance

Worker II), the County has no obligation under this agreement to meet and

confer on any other salary issues, including pay equity, during the term of

the agreement unless required by newly adopted statute(s) or regulation(s).

7.2 REQUIREMENTS FOR STEP INCREASES

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

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

at the completion of each number of hours of service, specified herein below, up

to and including the maximum step of the employee's salary range as set forth in

the salary resolution of the County.

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

A. The first step in each salary range is the standard minimum rate and may

be the hiring rate for the class.

B. The second step shall be paid at any time after 2080 hours of satisfac-

tory or better service at the first step as evidenced by a meets job stan-

dards, exceeds job standards or an outstanding overall employee performance

rating.

C. The third step shall be paid at any time after 2080 hours of satisfac-

tory or better service at the second step as evidenced by a meets job stan-

dards, exceeds job standards or an outstanding overall employee performance

rating.

D. The fourth step shall be paid at any time after 2080 hours of satisfac-

tory or better service at the third step as evidenced by a meets job stan-

dards, exceeds job standards or an outstanding overall employee performance

rating.

E. The fifth step shall be paid at any time after 2080 hours of satisfac-

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tory or better service at the fourth step as evidenced by a meets job stan-

dards, exceeds job standards or an outstanding overall employee performance

rating.

F. The sixth step shall be paid at any time after 2080 hours of satisfac-

tory or better service at the fifth step as evidenced by a meets job stan-

dards, exceeds job standards or an outstanding overall employee performance

rating.

G. The seventh step shall be paid at any time after 2080 hours of satis-

factory or better service at the sixth step as evidenced by a meets job

standards, exceeds job standards or an outstanding overall employee perfor-

mance rating.

For employees who are reinstated, the beginning date for purposes of accrual of

hours of service for step advancement shall be the date of reinstatement; except

that if the reinstatement is that of an employee who was laid off from a budget-

ed limited-term position and not more than twelve months has elapsed since such

lay off, the employee shall receive credit for hours of service previously ac-

crued in the step held when his/her employment ended.

In any case where an employee has been hired at a step above the first step of a

particular salary range, the employee shall occupy the step in the range at

which hired for a period of 2080 hours of service and thereafter shall be eligi-

ble for consideration for a step advancement in the same manner as provided

elsewhere in this Article.

7.3 SALARY UPON APPOINTMENT TO HIGHER CLASS

The salary of employees who are appointed to a higher class shall be placed on

the step in the salary range for the higher class which will provide an increase

above the salary step in the lower class which is closest to 10%.

7.4 LATE EVALUATIONS

Failure of an appointing authority to recommend a step advancement in accordance

with Article 19.4, shall be considered to be a recommendation of step advance-

ment effective on the due date.

7.5 EFFECTIVE DATE OF TRANSACTIONS

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

shall have an effective date of the first day of the next pay period, unless an

exception is approved by the Personnel Director and 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 effec-

tive date of the first day of that pay period, step increases which would be

effective the second week of the pay period shall have an effective date of the

first day of the next pay period.

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

original appointments, separations, leaves of absence without pay, return from

Page - 13

leave of absence without pay, displacement, work in a higher class appointment,

return from work in higher class appointment.

7.6 WORK IN A HIGHER CLASS

In the event of an absence of an employee in a budgeted position that is a re-

sult of sick leave, annual leave, compensatory time off, a leave of absence

without pay or a vacancy for any reason, a regular employee may be temporarily

assigned by the appointing authority to perform a majority of the duties of the

position of the absent employee or vacant position, with the prior approval of

the Personnel Director. An employee is not eligible for these provisions if the

assignment to be made is within the same alternately staffed classifications.

The following conditions must be met for the employee to receive pay for work in

the higher class:

(1) the employee must meet the employment standards for the higher class;

(2) appointments shall be for absences or vacancies exceeding 40 cumula-

tive hours in any calendar year. No time served in "Work in a Higher

Class" appointment shall contribute towards acquiring probationary or

permanent status in the higher class;

(3) All "Work in a Higher Class" assignments shall be in writing. No such

temporary assignment shall continue for longer than 60 days except

that one additional temporary appointment for a maximum of 60 days may

be authorized by the Personnel Director provided that valid reasons

exist to justify the extension.

These "Work in a Higher Class" provisions shall not supplant existing Civil

Service Rule and County Code provisions with respect to appointments to vacant

positions.

ARTICLE 8 CLOTHING AND TOOL ALLOWANCES AND SALARY ADJUSTMENTS

8.1 CLOTHING ALLOWANCE AND SALARY ADJUSTMENTS

A. Employees in the classes included in this Section (8.1) have received ad-

justments to their base hourly rate as compensation for their continued

provision of necessary clothing articles for the performance of their

assigned duties, excluding standard rain gear and safety articles (i.e.,

eye and hearing protectors, hard hat, gloves, orange vest, and special

safety metal boot guards). The County shall not provide clothing articles

(excluding standard rain gear and safety articles) to employees who receive

such an adjustment in their base hourly rate.

B. Employees in the classes listed immediately below shall continue to receive

$0.17 an hour in their base hourly salary as a clothing allowance.

Public Works Maintenance Worker I, II, III, IV

Public Works Supervisor

Heavy Equipment Operator-Disposal Site

Page - 14

Disposal Site Maintenance Worker

Transfer Truck Driver

Sanitation Maintenance Worker I, II, III

Pump Maintenance Electrician

Pump Maintenance Mechanic

Park Maintenance Worker I, II, III

Park Maintenance Supervisor

Duplicating Machine Operator III

C. Employees in the classes listed immediately below shall continue to receive

$0.14 an hour in their base hourly salary as a clothing allowance.

Building Maintenance Worker I, II, III

Maintenance Electrician

Maintenance Plumber

Maintenance Electro/Mechanical Worker

Building Maintenance Supervisor

Building Equipment Mechanic

Senior Building Equipment Mechanic

Building Equipment Supervisor

Heavy Equipment Mechanic I

Heavy Equipment Mechanic II

Heavy Equipment Service Worker

Supervising Heavy Equipment Mechanic

Automotive Technician

Senior Automotive Technician

Cook

Head Cook

Custodian

Custodian Leadworker

Maintenance Custodian

Supervising Custodian

D. Employees in the classes listed immediately below shall continue to receive

$0.11 an hour in their base hourly salary as a clothing allowance.

Duplicating Equipment Operator I, II

Housekeeper

Warehouse Worker

Senior Warehouse Worker

Messenger Clerk

E. The County and Union recognize Title V, Section 404, Payment of Employee's

Equipment Damaged or Stolen, of the County Procedures Manual, as a mecha-

nism for reimbursement of other employees for job related damage or de-

struction of clothing.

8.2 TOOL ALLOWANCE AND SALARY ADJUSTMENT

A. Employees in the classes listed immediately below shall continue to receive

$0.26 an hour in their base hourly salary as a tool allowance. Employees in

these classes receive such salary adjustments in recognition that such

Page - 15

employees must provide tools as a condition of employment which represent a

significant and substantial investment. The adjustments included in the

base salary are intended to compensate employees for the initial cost of

providing tools, as well as for their replacement when damaged or lost. It

is the intent of the Union and County to not expand this provision to other

classes, but to limit it to classes where the employee must provide tools

which represent a significant, substantial investment as a prerequisite for

employment.

Senior Automotive Technician

Heavy Equipment Mechanic I

Heavy Equipment Mechanic II

Supervising Heavy Equipment Mechanic

Pump Maintenance Electrician

Pump Maintenance Mechanic

Heavy Equipment Service Worker

B. (1) Employees in the classes listed below currently receive $0.11 an hour

in their base hourly rate. Employees in these classes receive such

salary adjustments in recognition that such employees must provide

tools as a condition of employment. The adjustment to the base hour

salary rate is intended to compensate employees for the initial cost

of providing tools as well as for their replacement when damaged or

lost.

Building Maintenance Worker I, II, III

Maintenance Electrician

Maintenance Plumber

Building Equipment Mechanic

Building Maintenance Supervisor

Senior Building Equipment Mechanic

Building Equipment Supervisor

Maintenance Electro/Mechanical Worker

Automotive Technician

Communications Technician I, II

Senior Communications Technician

(2) Employees in the classes listed below will receive an adjustment to

their base hourly salary rate of $0.11 an hour effective October 19,

1991. Employees in these classes receive such salary adjustments in

recognition that such employees must provide tools as a condition of

employment. The adjustment to the base hour salary rate is intended

to compensate employees for the initial cost of providing tools as

well as for their replacement when damaged or lost.

Communications Installer

Supervising Communications Technician

Page - 16

ARTICLE 9 RETIREMENT

ARTICLE 9.1 RETIREMENT (P.E.R.S.) - LOCAL MISCELLANEOUS MEMBERS

A. The County contracts with P.E.R.S. for the 2% at age 55 Miscellaneous re-

tirement plan.

1. The total of County contributions for employees in the General Repre-

sentation Unit in the 2% at age 55 miscellaneous P.E.R.S. retirement

plan for P.E.R.S. (including the Employer PERS Contribution and any

payment by the County of the Employee PERS Contribution) shall not

exceed 15.005%. (The Social Security Offset shall not be a factor in

the maximum amount of County Contributions.) The employee shall be

responsible for payment of all PERS retirement contributions in excess

of the cap on County contributions.

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

above, of this Article (9.1) shall be a part of the subsequent Memo-

randum of Understanding for this representation unit, notwithstanding

any other provision of this agreement or of law.

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

agreement is not considered earnings and is not subject to FICA or tax

withholdings. Employees do not have the option to choose to receive

the employee pick up PERS contribution directly instead of it being

paid by the employer.

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

The County agrees to take the necessary steps to implement the employer

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

ees within this unit effective September 7, 1996 .

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

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

with Sub-section A 1 of this Article (9.2) immediately above, as being

"picked-up" by the County and treated as employer contributions for tax

purposes only. By having the County use this process, employees receive a

form of deferred taxation in that taxes are paid on the funds at the time

the retirement benefit is received rather than at the time the retirement

contributions are made. Under current law, exercising the employer pick-up

option pursuant to IRC Section 414(h)(2) results in no additional cost to

the County. The parties agree that, in the event the law changes such that

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

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

the employee contribution as being "picked-up" by the County and such PERS

contributions shall revert to being made on a post-tax basis.

9.2 RETIRED EMPLOYEES

Page - 17

A. Employees in this representation unit who retire through P.E.R.S. may en-

roll in a P.E.R.S. health plan as provided under the Public Employees'

Medical & Hospital Care Program.

For coverage-during the term of this Memorandum of Understanding, the Coun-

ty agrees to contribute $55.00* per month for eligible retirees from this

representation unit who are enrolled in a P.E.R.S. Public Employees' Medi-

cal & Hospital Program health plan.

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

bution for employees until the County contribution for retirees equals

the County contribution for employees, as required by P.E.R.S.

Effective September of 1996, the County shall contribute an additional

$5.00 per month for eligible retirees above the existing PERS escalator

contract.

2. Nothing in this agreement guarantees continued health insurance cover-

age upon or after the expiration of this agreement and the underlying

Memorandum of Understanding for retirees, their dependents, or their

survivors. The County reserves the right to make modifications to

retiree health coverage, including termination of coverage, upon or

after the termination of this Memorandum of Understanding.

NOTE: Also see Article 10.1 G for retiree coverage under alternate health

plan.

Page - 18

9.3 PERS SAFETY RETIREMENT FOR EMPLOYEES IN SPECIFIED PROBATION CLASSES

A. Transfer to Safety Retirement

The County amended its contract with PERS to place employees in budg-

eted positions in the following classes in the 2% at age 50 PERS Safe-

ty retirement plan effective May 17, 1997:

Group Supervisor I

Group Supervisor II

Senior Group Supervisor

Institutional Supervisor

Deputy Probation Officer I

Deputy Probation Officer II

Deputy Probation Officer III

B. This Article (9.3) applies only to employees in the General Represen-

tation Unit. However, the parties understand and agree that the pay-

roll figures and the actuarial percentage figures used throughout this

Article (9.3) are for all probation employees, including General Unit,

Middle Management Unit, and Executive Management employees, in recog-

nition: (1) of the requirements of PERS that all probation employees

who are eligible to be moved from PERS Miscellaneous membership to

PERS Safety membership in accordance with Government Code 20438 must

be moved together as a group; and (2) that the actuarial study of

December 5, 1996, which identified the one-time (unfunded liability)

and on-going (permanent) costs associated with the movement of all

probation employees from PERS Miscellaneous membership to PERS Safety

membership applies to all "probation" employees.

C. General Provisions

1. Transfer at No Cost to County. The parties acknowledge that

transferring the specific probation classes to Safety retirement

will increase the required PERS retirement rates for all County

employees who are Safety members. The parties agree that employ-

ees who are in classes transferring to Safety Retirement member-

ship will pay for both the on-going and one-time PERS retirement

rate increases affecting all employees in the PERS Safety and

Miscellaneous membership category. These costs shall be recov-

ered from employees in the specified Probation classes as speci-

fied below, including PERS contributions, percentage-of-earnings

payroll deductions, and reductions in scheduled salary increases,

as required. The payroll deduction will be applied to earnings,

excluding overtime, as required by PERS.

2. Time Period for Repayment. In order to allow the affected em-

ployees a reasonable time period within which to pay the costs

associated with the transition to PERS Safety Retirement, the

parties acknowledge that the period of payment must extend beyond

the term of the current MOU. As such, the parties agree that

this Article (9.3) shall continue in full force and effect beyond

19

the expiration of this MOU and shall be included in subsequently

negotiated MOUs through June of 2011. The parties agree that

neither party may reopen this Article (9.3) for negotiation

through June 30, 2003.

3. No Effect on Labor Code. The parties agree that the provisions

of California Labor Code Section 4850 shall not apply to the

classes listed in paragraph A, above.

4. Change in FICA Requirement. The formula for calculating the cost

of transferring the specified probation classes to PERS Safety

retirement recognizes that the County no longer being required to

contribute the OAS portion of FICA employment taxes on behalf of

PERS Safety Retirement members. In the event PERS Safety Retire-

ment members become subject in the future to the OAS portion of

FICA taxes, or any new taxes related to social security, the

percentage-of-earnings cap on the County's contribution to PERS

for such employees shall be reduced by the percentage-of-earnings

required to be paid as the employer contribution for such taxes,

including OAS-FICA taxes. In the formulas in Section D, below,

the credit for this change in FICA requirements is referred to as

"FICA Reallocation."

D. County and "Probation" Employee PERS Contributions, Reduced Salary

Increase for "Probation" Employees, and "Probation" Employee Payroll

Deductions as Safety Members

1. The parties acknowledge that, in order to recover from "proba-

tion" employees the costs of transferring to PERS Safety Retire-

ment, a mathematical formula must be used to derive the appropri-

ate payroll deduction. In order to simplify this formula, the

parties have agreed to fix certain figures for the duration of

the repayment period. Each fixed dollar amount or percentage and

each variable percentage that will be used in the mathematical

formula are identified in paragraphs 2 and 3 below.

The parties further agree that the application of the formula

entails the following:

a. Effective upon "probation" employees being placed in PERS

Safety retirement membership, such employees shall pay the

PERS employee Safety member contribution of 9.000%.

b. The total County-paid PERS contribution for "probation"

employees shall be the same percentage of payroll as the

percentage figure paid by the County for Miscellaneous em-

ployees under Article 9.1, provided, however, that the per-

centage amount shall not exceed 15.005% prior to July 1998.

Should the County-paid PERS contributions provided under

Article 9.1 exceed the figure established by PERS as the

20

employer contribution rate for Safety members, "probation"

employee shall receive credit for the difference as provided

in Sections 4 b (1), 5 b (1), and 6 b (1) below.

c. The mathematical formula which follows below, will be

used to determine: (1) any surplus of available financing in

excess of costs for the period between the date "probation"

employees are moved to Safety membership and July of 1998,

when the actuarial effect on PERS Miscellaneous and Safety

member contributions will begin to occur; and (2) to deter-

mine the amount of additional payroll contributions re-

quired, if any, by "probation" employees on a fiscal year by

fiscal year basis for the period July 1998 to July 2011, as

a result of costs exceeding the total of available financing

plus a proration of any surplus which accrues during the

period between the date "probation" employees are moved to

Safety membership and July of 1998.

The application of the mathematical formula which follows

below is illustrated in Attachment 1.

d. Effective July 11, 1998, the classes of "probation" employ-

ees were scheduled to receive a 2% general salary increase.

In order to recover a portion of the costs identified in the

actuarial study which are the result of the movement of

"probation" employees from the Miscellaneous membership

category to the Safety membership category, the salary in-

crease was reduced by 0.9%, and thus result in a 1.1% gener-

al salary increase effective July 11, 1998, rather than a 2%

increase, for job classes of "probation" employees as de-

fined in Section A of this Article (9.3).

2. Fixed Dollar Amounts or Percentages. The parties agree to the

following figures as fixed dollar amounts or percentages where

"F" refers to "fixed" and the number refers to items which are

sequentially numbered :

F1 = PERS payroll for "probation" employees = $2,451,607

($2,106,452 General Unit; $345,156 Middle Management and Execu-

tive Management)

F2 = FICA payroll for "probation" employees = $2,485,139

F3 = PERS payroll for current PERS Safety members = $10,361,782

F4 = OAS portion of FICA payroll taxes for "probation" employees

of 6.2% X FICA payroll = $154,079 annually or $5,926 per pay

period

F5 = PERS contribution by "probation" employees as Safety mem-

bers of 9.0% X PERS payroll = $220,645 annually or $8,486

per pay period

21

F6 = PERS payroll for current Miscellaneous members, excluding

"probation" employees = $64,845,085

F7 = Combined one-time (unfunded liability) and on-going (perma-

nent cost) increase in the employer PERS Safety contribution

rate for movement of "probation" employees from Miscellane-

ous membership to Safety membership is 2.637% for the period

to July 2011.

F8 = Combined one-time (unfunded liability) and on-going (perma-

nent) cost is -0.028% in the employer PERS Miscellaneous

membership rate for movement of "probation" employees from

Miscellaneous to Safety membership for the period to July of

2011.

F9 = The percentage reduction of 0.9% of the scheduled salary

increase of July 11, 1998, for "probation" employees to

partially cover the cost of moving "probation" employees to

PERS Safety retirement membership.

3. Variable Percentages. The parties agree that the following

variable percentage, which are subject to annual adjustment by

PERS, are to be applied in the mathematical formula where "V"

refers to "variable" and the number refers to items which are

sequentially numbered:

V1 = A total of a fixed 9.0% PERS employee contribution rate,

plus variable PERS employer contribution rate from the annu-

al PERS actuarial valuation to determine PERS employer rate

for Safety members for each fiscal year. (Using FY 1996-97

as an example, this percentage is 20.115%. (This results

from the fixed 9.0% PERS employee rate plus the 11.115% PERS

employer rate for FY 1996-97).

V2 = County's actual PERS contribution for Miscellaneous employ-

ees pursuant to the requirements of Article 9.1 of the Memo-

randum of Understanding for the General Representation Unit,

not to exceed 15.005% for General Unit employees, and, pur-

suant to the requirements of Article 32.1 of the Memorandum

of Understanding for the Middle Management Representation

unit, not to exceed 12.915% for Management employees.

4. Formula for the Period Between the Date "Probation" Employees are

placed in PERS Safety membership through June 30, 1998.

a. Costs

Costs for "probation" employees as Safety members:

F1 multiplied by V1 (e.g., $2,451,607 times 20.115% for FY

1996-97).

22

b. Available Financing

(1) PERS contributions by County for "probation" employees

as Safety members:

F1 multiplied by V2 (e.g., for FY 1996-97, $2,106,452

times 14.666% for General Unit; $345,156 times 12.915%

for Middle Management and Executive Management); plus

(2) PERS contributions by "probation" employees as Safety

members:

F5 (i.e., $220,645 annually or $8,486 per pay period);

plus

(3) County FICA Reallocation:

F4 (i.e., $154,079 annually or $5,926 per pay period).

(4) Total of b(1) + b(2) + (b)3, immediately above.

c. Projected Surplus: Total of a and b(4), immediately above

During the period between the date "probation" employees are

placed in PERS Safety membership and June 30, 1998, it is

expected that available financing will exceed costs as the

impact upon PERS contribution rates from moving "probation"

employees to Safety membership should not be felt until July

of 1998. Any surplus dollars from the period between the

date "probation" employees are placed in PERS Safety member-

ship and June 30, 1998, will be prorated as a credit over

the eight year period from July of 1998 to July of 2006.

5. Formula for Each Fiscal Year During the Period between July of

1998 and July of 2006

The following shall apply during the period from July of 1998

(when the actuarial effect of movement of "probation" employees

to Safety membership is to occur) to July of 2006:

a. Costs

(1) Costs for "probation" employees as Safety members:

F1 multiplied by total of V1 plus F7 (e.g., $2,451,607

times 20.115% + 2.637%, or 22.752%); plus

(2) Increased costs for current Safety members: F3 multi-

plied by F7 (i.e., $10,361,782 X 2.637%, or $273,240);

plus

(3) Increased costs for current Miscellaneous members,

excluding "probation" employees:

F6 multiplied by F8 (i.e., $64,845,085 X -0.028%, or

-$18,157).

23

(4) Total of a(1) + a(2) + a(3), immediately above.

b. Available Financing

(1) PERS contributions paid by County for "probation" em-

ployees:

F1 multiplied by V2 (e.g., $2,106,452 X 14.666% for

General Unit; $345,156 X 12.915% for Management); plus

(2) Annual PERS contributions paid by "probation" employees

as Safety members:

F5 (i.e., $220,645); plus

(3) Annual County FICA reallocation:

F4 (i.e., $154,079); plus

(4) Credit for Salary Reduction by "probation" employees

effective July 11, 1998 to partially cover the cost of

moving "probation" employees to PERS Safety retirement

membership :

F9 multiplied by F1 (i.e., 0.9% times $2,451,607, or

$22,064).

(5) Total of b(1) + b(2) + b(3) + b(4), immediately above.

c. Distribution of Surplus, if any, from above.

The dollar amount of 4c, above, divided by eight, to be

credited in each of the eight fiscal years between July 1998

and July 2006.

d. Other Required Contributions, if any, by "Probation" Employ-

ees to Equal Zero Costs to County

5b(5) (Available Financing) + 5c (Distribution of Surplus,

if any), less 5a(4) (Costs) = Other Required Contributions

e. The amount of 5d, immediately above, will be divided by F1

to arrive at a percentage figure. If the resulting percent-

age figure is negative, the percentage amount shall be an

additional payroll deduction that "probation" employees

shall pay for PERS Safety Retirement applicable in a fiscal

year. If the resulting percentage figure is positive, no

additional payroll deduction is required of "probation"

employees in that fiscal year.

6. Formula for Each Fiscal Year During the Period Between July of

2006 and July of 2011

The following shall apply each Fiscal Year during the period from

July of 2006 to July of 2011 :

24

a. Costs

(1) Costs for "probation" employees as Safety members:

F1 multiplied by total of V1 plus F7 (e.g., $2,451,607

times 20.115% + 2.637%, or 22.752%); plus

(2) Increased cost for current Safety members:

F3 multiplied by F7 (i.e., $10,361,782 X 2.637% =

$273,240); plus

(3) Increased costs/savings for current Miscellaneous mem-

bers, excluding "probation" employees:

F6 multiplied by F8 (i.e., $64,845,085 X -0.028% =

-$18,157).

(4) Total of a(1) + a(2) + a(3), immediately above.

b. Available Financing

(1) PERS contributions paid by County for "probation" em-

ployees:

F1 multiplied by V2 (e.g., in FY 1996-97, $2,106,452 X

14.666% for General Unit, $345,156 X 12.915% for Man-

agement); plus

(2) Annual PERS contributions paid by "probation" employees

as Safety members:

F5 (i.e., $220,645); plus

(3) Annual County FICA reallocation:

F4 (i.e., $154,079); plus

(4) Credit for Salary Reduction by "probation" employees-

effective July 11, 1998 to partially cover the cost of

moving "probation" employees to PERS Safety retirement

membership:

F9 multiplied by F1 (i.e., $2,451,607 X 0.9% =

$22,064).

(5) Total of b(1) + b(2) + b(3) + b(4), immediately above.

c. Other Required Contributions, if any, by "Probation" Employ-

ees to Equal Zero Cost to County

6b(5) (Available Financing) less 6a(4) (Costs) = Other Re-

quired Contributions

d. The amount of 6c, immediately above, will be divided by F1

to arrive at a percentage figure. If the resulting percent-

age figure is negative, the percentage amount shall be the

additional payroll deduction that "probation" employees

shall pay for PERS Safety Retirement applicable in a fiscal

year. If the resulting percentage figure is positive, no

25

additional payroll deduction is required of "probation"

employees in that fiscal year.

D. The Union and the employees it represents agree to not initiate or

pursue any legal action relative to the previous Side Letter of Under-

standing, including actions to compel arbitration of the Safety Re-

tirement side letter of understanding.

E. This amendment to the Memorandum of Understanding supersedes the pre-

vious Letter of Understanding regarding Safety Retirement for Proba-

tion Employees.

F. 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 Safety retirement bene-

fits, in accordance with Sub-section C 1 a of this Article (9.3) as

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

for tax purposes only. By having the County use this process, employ-

ees receive a form of deferred taxation in that taxes are paid on the

funds at the time the retirement benefit is received rather than at

the time the retirement contributions are made. Under current law,

exercising the employer pick-up option pursuant to IRC Section

414(h)(2) results in no additional cost to the County. The parties

agree that, in the event the law changes such that costs are imposed

on the County for exercising the employer pick-up option under IRC

Section 414(h)(2), the County shall immediately cease designating the

employee contribution as being "picked-up" by the County and such PERS

contributions shall revert to being made on a post-tax basis.

9.4 EMPLOYEE BUY BACK OF MILITARY SERVICE. The County will amend its con-

tract with PERS to permit employees to buy back prior military service

at the employee's expense within 120 days from receipt of all materi-

als from PERS to affect the contract amendment .

ARTICLE 10 INSURANCE BENEFITS

Plan Documents Controlling. The following is only a summary of the terms

of enrollment and benefits for employee insurances available to employees

in this representation unit. In the event of a discrepancy between Article

10 and the plan document, the plan document for insurances specified below

(health, dental, vision, long term disability, life) is controlling. Cop-

ies of plan documents are available through the Personnel Department.

10.1 Health Coverage.

PERS offers employees the option of choosing either a Preferred Provider

(PPO)/Indemnity plan or a Health Maintenance Organization (HMO).

California Service Employees Health and Welfare Trust Fund is an alterna-

tive to the PERS medical plans. Although the eligibility requirements of

the Trust are similar to the eligibility requirements of the PERS plans,

26

the Trust permits the enrollment of an employee's domestic partner. This

is a PPO/Indemnity Plan.

Domestic Partner coverage is available through the California Service Em-

ployees Health and Welfare Trust Fund or the following reimbursement plans:

Blue Shield HMO, Blue Shield Preferred Benefits Plus, Blue Cross California

Care, Blue Cross Prudent Buyer. Legislation has been enacted which will

permit enrollment of some domestic partners in PERS medical plans some time

in year 2000 but final enrollment criteria and other information were not

available as of October 1999.

A. 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 & Hospital Care Program or an alternate health plan

(e.g., California Service Employees Health and Welfare Trust Fund).

Employees have the option of enrolling their eligible dependents in

this program.

B. For coverage during the term of this agreement the County shall con-

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

or the California Service Employees Health and Welfare Trust the fol-

lowing monthly amount for active, eligible employes in budgeted posi-

tions who elect to participate in such program:

$ 170.00 Employee only

$ 250.00 Employee + one dependent

$ 344.00 Employee + two or more dependents

Effective for premium payments for January, 2000, the maximum monthly

amount shall be:

$ 180.00 Employee only

$ 270.00 Employee + one dependent

$ 359.00 Employee + two or more dependents

Effective for premium payments for January, 2001, the maximum monthly

amount shall be:

$ 190.00 Employee only

$ 290.00 Employee + one dependent

$ 374.00 Employee + two or more dependents

Effective for premium payments for January, 2002, the maximum monthly

amount shall be:

$ 200.00 Employee only

$ 310.00 Employee + one dependent

$ 389.00 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 Employees Medical & Hospital Plan

27

or an alternative health plan (e.g.,California Service Employees

Health and Welfare Trust) in which they and their dependents are en-

rolled.

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

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

plan selected by the employee.

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

tingency Reserve Fund, employees hereby authorize payroll deductions

equivalent to any such contributions required by P.E.R.S.

E. Pre-Tax Dollar Program. The County will make available to members of

this representation unit a voluntary program of pre-tax dollar contri-

butions as provided in Internal Revenue Code Section 125.

F. Reimbursement for Domestic Partner Coverage.

1. As of October of 1999, coverage for domestic partners is not

available through P.E.R.S. health plans, but is available to

employees in this representation unit under the California Ser-

vice Employees Health and Welfare Trust. However, legislation has

been enacted to be effective in year 2000 to permit at least some

domestic partners of employees to enroll in P.E.R.S. health

plans. While regulations/enrollment information to implement this

legislation was not finalized as of October of 1999, the follow-

ing shall apply:

a. These reimbursement provisions shall not apply when the

domestic partner is eligible for enrollment in a PERS health

plan. Employees must enroll domestic partners in a PERS

health plan when they are eligible to enroll in such a plan.

b. When PERS health plans or an alternative health plan other

than the California Service Employees Health and Welfare

Trust makes coverage available for all domestic partners who

are eligible for these reimbursement provisions, health

coverage and reimbursement under this provision (10.1 F)

shall cease.

c. Employees utilizing these reimbursement provisions for do-

mestic partner coverage will be notified when and how en-

rollment in PERS health plans or an alternative health plan

other than the California Service Employees Health and Wel-

fare Trust will be possible. Such employees will be allowed

up to 90 days to transition from current coverage to avoid

overlap in coverage and premiums.

d. A different mechanism for affirmation of domestic partner-

ship may be required by P.E.R.S., and P.E.R.S. may require

this mechanism for alternate health plans. Regardless, a

County of Santa Cruz Affidavit of Domestic Partnership will

28

be required for enrollment in other insurances (e.g., den-

tal) and for certain leave provisions.

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

their dependents, this reimbursement provision is intended to

remain in effect until PERS or an alternate health plan other

than the California Service Employees Health and Welfare Trust

makes coverage available for all otherwise eligible domestic

partners.

In the event health plan coverage is made available to all other-

wise eligible domestic partners through P.E.R.S. health plans or

an alternate health plan other than the California Service Em-

ployees Health and Welfare Trust, these (10.1 F) health coverage

and reimbursement provisions shall cease (be abolished).

In the event coverage for domestic partners through an alternate

health plan is made available to non-General Representation Unit

employees who are eligible to enroll in P.E.R.S. health plans,

such plan shall be made available to General Representation Unit

employees and these (10.1 F) health coverage and reimbursement

provisions shall cease (be abolished).

3. If the option for domestic partner coverage is made available

through P.E.R.S. health plans or an alternate health plan other

than the California Service Employees Health and Welfare Trust in

the future, the County and the Union will make an effort to have

the enrollment provisions for Domestic Partners in the California

Service Employees Health and Welfare Trust apply to the other

plan(s), as feasible.

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

available for the sole purpose of obtaining health coverage for

domestic partners and their dependents who are not eligible for

enrollment in PERS health plans under the following plans:

Blue Shield HMO

Blue Shield Preferred Benefits Plus

Blue Cross California Care

Blue Cross Prudent Buyer

The County and the Union are not responsible for the administra-

tion or operation of such health plans.

5. Reimbursement.

The employee shall present proof of payment for coverage for the

domestic partner and any eligible dependents which identifies the

plan, covered person(s), period of coverage and premium.

Employees may be reimbursed for up to three months of coverage

upon presentation of such proof, other than on a month-by-month

basis.

29

The standard employer to employee reimbursement shall be:

$ 80.00 per month Domestic Partner only

$174.00 per month Domestic Partner and one or more

dependents who are not eligible for

enrollment in a PERS health plan

If premium costs exceed $80.00 per month for a domestic partner

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

dependents, then the employee's out of pocket expenses will not

exceed $64.00 per month. Any premium costs incurred above the

employee's out of pocket limitation shall be reimbursed by the

County, excluding the California Service Employees Health and

Welfare Trust Fund.

All County reimbursement for domestic partners and their depen-

dents will be reflected as additional income to the employee.

G. Alternate Health Plan.

1. California Service Employees Health and Welfare Trust Fund.

a. Eligibility.

The following persons are eligible to enroll in the Califor-

nia Service Employees Health and Welfare Trust Fund:

(1) Employees in budgeted positions in the General

Representation Unit who are eligible to enroll in

a PEMCA health plan through P.E.R.S. and who are

scheduled to work at least 40 hours in a pay peri-

od or who are on an approved leave of absence

without pay or are on suspension.

(2) The following persons are eligible to enroll as

dependents under the California Service Employees

Health and Welfare Trust Fund:

(a) An eligible employee's spouse (upon provision

of a copy of the marriage certificate), un-

less divorced

(b) An eligible employee's never married natural

child under age 18 (upon provision of a copy

of the child's birth certificate)

(c) An eligible employee's never married step

child under age 18 (upon provision of a copy

of the child's birth certificate and a copy

of the marriage certificate for the spouse)

30

(d) An eligible employee's never married adopted

child under age 18 (upon provision of docu-

mentation set forth under Application for

Enrollment, below)

(e) An eligible employee's never married natural,

step or adopted child who is age 18 or older

and under age 23, while enrolled as a full-

time student (12 semester units or more) in

an accredited school or college and is depen-

dent upon the employee for support and main-

tenance

(f) An eligible employee's never married natural,

step or adopted child, or an eligible unmar-

ried child of an employee's Domestic Partner,

who is enrolled in this Plan upon turning age

23, and who is incapable of self-support

because of physical or mental disability.

The child's treating physician must certify

the disability in writing within 31 calendar

days of the child's 23rd birthday. After the

child's 23rd birthday, the Trust may request

proof of disability and dependency, but not

more than once yearly

(g) An eligible employee's Domestic Partner, who,

together with the employee, has affirmed a

domestic partnership through a County of

Santa Cruz Affidavit of Domestic Partnership,

until such Partnership is terminated by ei-

ther or both parties

(h) The never married child of an eligible, en-

rolled employee's Domestic Partner, provided

the child meets the same eligibility criteria

for the employee's child as set forth in (c),

(d), (e), immediately above (upon submittal

of copy of the child's birth certificate and

a copy of the County of Santa Cruz Affidavit

of Domestic Partnership applicable to the

employee and the parent of the child).

b-. Application for Enrollment.

(1) All applications for enrollment for eligible employees

and eligible dependents must be filed with the Employee

Insurance/Benefits Unit of the County Personnel Depart-

ment.

31

(2) Employees and their Dependents at the time of Enroll-

ment.

(a) Employees who are in a P.E.R.S. Health Plan must

drop coverage under that Plan when enrolling in

the Alternate Health Plan. Such change should

take into consideration when coverage ends under

one plan and begins under the other plan, so there

is no overlap in coverage.

(b) Each eligible employee newly appointed to a posi-

tion in the General Representation Unit must com-

plete and file an application for enrollment with-

in 30 calendar days of the date of employment

within the General Representation Unit. This

application must include all eligible dependents

of the employee, including Domestic Partners.

(c) Employees who do not enroll in the California

Service Employees Health and Welfare Trust Fund

within the periods specified in (1) and (2), imme-

diately above, may only enroll in a health plan

through the County during an Open Enrollment Peri-

od or as may be otherwise required by law or PERS.

The Open Enrollment Period applicable to the Cali-

fornia Service Employees Health and Welfare Trust

Fund shall be the same as that for P.E.R.S. Health

Plans in the PEMCA program.

(3) New Dependents.

(a) Each enrolled, eligible employee must complete and

file an application to enroll a newborn child

within 60 calendar days from the date of the birth

of the child.

(b) Each enrolled, eligible employee must complete and

file an application to enroll a newly adopted

child, provided that the application is filed

within 60 calendar days from the moment the child

is placed in physical custody of the employee.

Such application must be accompanied by proof of

the time physical custody occurred, evidence as to

whether the placement is private or through an

authorized placement agency, and a statement of

when legal adoption is intended to occur.

(c) Each enrolled, eligible employee must complete and

file an application to enroll a child of the em-

ployee's spouse within 60 calendar days from the

date of marriage of the employee and spouse.

(d) Each enrolled, eligible employee must complete and

file an application to enroll a Domestic Partner

within 60 calendar days from the date the employ-

32

ee and the Domestic Partner have completed and

filed an Affidavit of Domestic Partnership with

the County.

(e) Each enrolled, eligible employee must complete and

file an application to enroll an eligible child of

a domestic partner within 60 calendar days from

the date the employee and Domestic Partner have

completed and filed an application of Domestic

Partnership with the County.

c. Coverage. Coverage is contingent upon three conditions

being met: (1) eligibility as defined by this Agreement; (2)

enrollment; and (3) timely payment of County and employee

premiums. Premium payments for the California Service Em-

ployees Health and Welfare Trust Plan are made in advance of

the month when coverage is effective. Employee paid premi-

ums are generally deducted in equal payroll deductions in

two pay periods in a month (e.g., one-half in the first pay

period and one-half in the second pay period). However, for

new enrollees, terminating enrollees, and enrollees going on

an unpaid absence or returning from an unpaid absence, the

entire required employee paid premium will be deducted in

one pay period of the month, rather than two.

(1) New Employees. For eligible new employees, and any

eligible enrolled dependents, coverage begins the first

day of the month following employment and the timely

filing of an application for enrollment, provided there

were full payroll deductions of the employee's portion

of the premium in the first month of employment. If

the other conditions are met, but there was not full

payment of the employee's portion of the premium in the

first month of employment, coverage begins the first

day of the month following the month in which the full

employee premiums are deducted.

(2) New Dependents. For eligible new dependents of an en-

rolled employee, coverage begins the first day of the

month following the month in which a timely application

for enrollment of the new dependent(s) is received and

in which full payroll deductions of the employee's

portion of the premium for the employee and all en-

rolled dependents occurs, except as provided immediate-

ly below.

(a) For an eligible newborn child or newly adopted

child, coverage begins from the date of birth or

from the date physical custody is obtained. How-

ever, such coverage is contingent upon timely

application to enroll the child. Such coverage is

not contingent upon advance payment of employee's

portion of the premium for the month in which the

birth or physical custody occurs, provided that

33

any additional premiums for the child are made for

the period which encompasses the date of birth or

date of physical custody through enrollment (e.g.,

if a child is born January 15 or physical custody

of a child to be adopted occurs on January 15, and

the child is later enrolled in a timely manner,

premiums are due for January and subsequent

months).

(3) Termination of Coverage.

(a) Coverage may be terminated as provided in the

Trust Plan documents and/or Subscriber Agreement

for the California Service Employees Health &

Welfare Trust Fund.

(b) Employee and Any Enrolled Dependents. Coverage for

an enrolled employee and any enrolled dependents

terminates on the last day of the month after the

month in which employment in the General Represen-

tation Unit with Santa Cruz County ceases, provid-

ed there are: (1) sufficient payroll deductions of

the premium for coverage in that month; or (2)

timely direct payment of premiums by an employee

on an unpaid absence. If there were not suffi-

cient payroll deductions or timely payment of

employee premiums for coverage in that month,

coverage ends the last day on the month for which

full payroll deductions or timely payment of the

premium occurred.

(c) Individual Dependents. In addition to the bases

for termination of coverage specified in (a) and

(b) immediately above:

(i) Coverage terminates for the spouse of an

employee the last day of the month in

which a final decree of divorce, annul-

ment or dissolution of marriage occurs;

(ii) Coverage terminates the last day of the

month in which a child is no longer

eligible in accordance with PERS eligi-

bility requirements.

(iii) Coverage terminates for a Domestic Part-

ner the last day of the month in which

the domestic partnership is terminated

by the employee or Domestic Partner.

(4) Coverage During Unpaid Absences.

Eligible, enrolled employees and dependents are covered

34

during a leave of absence without pay or suspension

provided that timely payments of employee premiums as

required for the type of unpaid absence are made.

During any unpaid absence, and if there are no payroll

deductions of the required employee premiums at the

beginning or end of an unpaid absence, the employee is

responsible for making timely payment directly to the

Employee Insurances/ Benefit Unit in the County Person-

nel Department, Room 310, 701 Ocean Street, Santa Cruz.

Such payments must be received by 5:00 p.m. on the last

Friday of the pay period for which deductions were to

be taken. Should the last Friday of a pay period fall

on a County holiday, such payments must be received by

5:00 p.m. on the next full working day.

Failure to make timely payments will result in termina-

tion of coverage for the employee and any dependents

effective the last day of the month following the month

in which full payment of premiums occurred.

(5) Continuation Coverage (COBRA). Enrolled employees

who separate from County service for certain reasons

may be eligible for continuing coverage in the Trust

Fund under COBRA provisions. Enrolled dependents who

lose coverage under a "Qualifying Event" may be eligi-

ble for continuation coverage in the Trust Fund under

COBRA provisions.

de. Employee Responsibility and Liability.

It is the responsibility of each employee to notify the

Employee Insurances/Benefits Unit of the County Personnel

Department when any enrolled dependent becomes ineligible.

Employees shall be liable for payment for all services re-

ceived by ineligible dependents and for any premium contri-

butions made on behalf of the ineligible dependent by the

County.

ef. Retirees.

(1) For coverage of retirees, the County agrees to contrib-

ute the same amount per month for eligible retirees

from the General Representation Unit who are enrolled

in the California Service Employees Health and Welfare

Trust Fund health plan as the County contribute for

retirees who are enrolled in PERS health plans and the

California Service Employees Health and Welfare Trust

Fund.

(2) Eligibility and Enrollment.

35

(a) County employees who were in the General Represen-

tation Unit when they separated from County ser-

vice prior to November 1, 1995, and who retired

through the Public Employees' Retirement System

(P.E.R.S.) are eligible to enroll themselves and

their eligible dependents in the California Ser-

vice Employees Health and Welfare Trust Fund as a

retiree upon application to the Trust and verifi-

cation of retirement through P.E.R.S.

(b) County employees who were in the General Represen-

tation Unit and enrolled in California Service

Employees Health and Welfare Trust Fund when they

separated from County service and who retire

through the Public Employees' Retirement System

(P.E.R.S.) are eligible to enroll themselves and

their eligible dependents in the Trust Fund upon

application to the Trust Fund, if their date of

retirement is within 120 calendar days of the date

of separation from County service and provided

that application is received by the Trust Fund

within 60 calendar days from the retirement date.

Such enrollment is contingent upon verification of

retirement through P.E.R.S.

(c) County employees who are enrolled in the Califor-

nia Service Employees Health and Welfare Trust

Fund at the time of separation from County service

can never enroll in a P.E.R.S. Health Plan as a

retiree.

(3) Coverage.

Coverage for eligible, enrolled retirees and their

eligible enrolled dependents begins the first day of

the month following the month in which both the retiree

and County make timely payments to the Trust Fund for

the retiree.

(4) Termination of Coverage.

(a) Coverage may be terminated as provided in the

Trust Fund Plan documents and/or Subscriber Agree-

ment for the California Service Employees Health

and Welfare Trust Fund.

(b) Retiree and Any Enrolled Dependents. Coverage for

an enrolled retiree and any dependents terminates

on the last day of the month in which the retiree

is no longer eligible and for which timely payment

of retiree and County premiums occurred. If

36

there were not timely payment of premiums for

coverage in that month, coverage ends the last day

on the month for which timely payment of the pre-

mium occurred.

(c) Individual Dependents. In addition to the bases

for termination of coverage specified in (a) and

(b) immediately above:

(i) Coverage terminates for the spouse of a

retiree on the last day of the month in

which a final decree of divorce, annul-

ment or dissolution of marriage occurs;

(ii) Coverage terminates the last day of the

month in which a child is no longer

eligible in accordance with PERS eligi-

bility requirements.

(iii) Coverage terminates for a Domestic Part-

ner the last day of the month in which

the domestic partnership is terminated

by the retiree or Domestic Partner.

(5) Retiree Responsibility and Liability.

It is the responsibility of each retiree to notify the

Trust when any enrolled dependent becomes ineligible.

Retirees shall be liable for payment for all services

received by ineligible dependents.

fg. No Cross Coverage. No person may be enrolled in the Trust

Fund as a dependent if that person is enrolled in the Trust

Fund as an employee or retiree, regardless of the employer.

gh. 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 County, its officers and employees

acting on behalf of the County, against any and all claims,

demands suits and from liabilities of any nature, including

the payment of attorney's fees and costs which may arise out

of or by reason of actions taken or not taken by SEIU Local

415, the California Service Employees Health and Welfare

Trust Fund, the Health and Welfare Trust Fund administra-

tors, employees or agents, or by the County under the provi-

sions of this Article (14.1), in administering the provi-

sions of the California Service Employees Health and Welfare

Trust Fund, including but not limited to, eligibility, cov-

erage, benefits, conversion provisions, continuation cover-

37

age, and exclusions, as well as any liability for any taxes

or penalties resulting from any conflicts with or violations

of state or federal tax laws.

hi. The County is not responsible for the administration or

operation of any Alternate Health Plan.

H. Survivor Coverage. Upon the death of an active employee who has de-

pendents covered under a P.E.R.S. health plan through the County, the

County shall provide coverage under that plan for ten pay periods

following the death of the employee for the surviving eligible depen-

dents.

10.2 DENTAL CARE

The County offers two dental plans. One is Delta Dental. This is a "fee-

for-service" plan. Enrollees may go to any dentist and be reimbursed 80%

for basic and preventative services and 50% on major services. Or enroll-

ees may go to a preferred provider and be reimbursed at 100% for basic and

preventative services and 60% for major services. The other plan is PMI

and covers most services at 100%. This plan also has some orthodontia cov-

erage.

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

dependents for dental coverage during the term of this agreement.

Effective July 1998, the annual cap under the dental care program was in-

creased from $1000 to $1200 per year per enrollee.

10.3 VISION PLAN

Employees are entitled to an eye examination and lenses every year and

frames every two years. There is an annual deductible of $25.00.

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

the vision care benefits during the term of this agreement. The County

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

for vision care benefits during the term of this agreement.

B. The Vision Plan will permit the one-time enrollment of a dependent at

any time through age five. Any dependent under age 6 who is enrolled

under Vision coverage must continue in such coverage for a minimum of

one year, unless the employee separates from County service prior to

the end of that year.

10.4 LONG TERM DISABILITY

Employees are entitled to receive 60% of the first $3,000 of their pre-

disability basic monthly earnings. There is a 30 day waiting period and

the benefit is available for two years.

38

The County agrees to pay the premium, including any increases, and to main-

tain the long term disability plan for the employees in the General Repre-

sentation Unit.

10.5 LIFE INSURANCE.

The County agrees to maintain and pay the premium for a $10,000 life insur-

ance plan with AD&D for eligible employees during the term of this agree-

ment. The amount of coverage decreases for employees age 70 and above in

accordance with the terms of the plan document. Effective October 30,

1999, the benefit for the life insurance term insurance plan shall increase

to $20,000.

10.6 PART-TIME EMPLOYEE INSURANCE BENEFITS

The County agrees to pay for the entire employee coverage for employees who

occupy part-time positions in the same manner as is provided for regular

full-time employees for health, dental, vision, life, and long term dis-

ability insurance benefits.

10.7 CONTINUATION OF INSURANCES DURING LEAVE OF ABSENCE WITHOUT PAY

"Advance payment" means payment must be received by the Employee Insur-

ance/Benefits Section in the County Personnel Department or postmarked by

5:00 p.m. on the last working day of the pay period in which the payment is

due. If the last day of the pay period is a holiday, payment must be post-

marked or received by the Employee Insurance/Benefits Section in the County

Personnel Department by 5:00 p.m. on the first full working day following

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 insurances 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 Person-

nel Department.

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

beyond the control of the employee and where payment shall be made at

the earliest possible time after the leave commence. This exception

only applies to payment for life, long-term disability, vision and

dental insurances.

Should employees and/or their dependents not be covered during a leave

of absence without pay of the employee, they will be treated as ini-

tial enrollees for dental and vision insurances for purposes of quali-

fication period and benefits, including deductions and co-payments,

upon return of the employee to active employment.

39

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

period or longer for any reason, and is not receiving benefits through

the Long Term Disability (LTD) Plan, coverage under employee insur-

ances (e.g., health, life, dental, vision, long-term disability) ceas-

es for the employee and any dependents the beginning of the first full

pay period of leave of absence without pay except as provided in 1 and

2, immediately below.

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

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

for employee insurances for eligible employees on an approved

FMLA leave of absence without pay as if the employee were working

or on paid leave. The employee shall be responsible for payment

in advance of his/her portion of premium contributions for insur-

ances and for any P.E.R.S. administrative fee during such leave

of absence without pay. Failure by the employee to make required

payments in advance shall result in the employee and any depen-

dents 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 insurance coverage

shall be as specified elsewhere in this Section (10B.7 B).

2. Continuation of Employee Insurance Coverage While Receiving LTD

Benefits (other than FMLA leave).

a. Effective September 24, 1994, the County's contribution

towards the employee's (but not dependent) dental coverage,

vision coverage, life insurance coverage and LTD coverage

shall continue during the period a current employee receives

benefits through the LTD plan while on a leave of absence

without pay. An employee may be required to pay for the

County's contribution towards coverage in advance and be

reimbursed by the County if confirmation is received that

he/she is receiving LTD Benefits.

The County's contribution towards the employee's (but not

dependent) coverage under the dental, vision, life, and LTD

plans while the employee is on a leave of absence without

pay during the elimination period for Long Term Disability,

provided the employee contacts Risk Management to apply for

LTD and provided that, should the employee not receive Long

Term Disability Benefits, the employee must repay to the

County all contributions for insurances during the leave of

absence without pay. The County shall have the right to

recover its contributions towards the employee's coverage

through attachment of wages, including payoffs upon separa-

tion, civil action, or other actions.

40

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

exceed the maximum County contribution for employee only

coverage (e.g., $180.00 per month as of January 2000) to-

wards P.E.R.S. health insurance premium contributions during

the period a current employee receives benefits through the

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

ployee may be required to pay the County's contribution

towards coverage in advance and be reimbursed by the County

if confirmation is received that s/he is receiving LTD bene-

fits.

The County's contribution towards the employee's (but not

dependent) coverage under employee's P.E.R.S. health plan

while the employee is on a leave of absence without pay

during the elimination period for Long Term Disability,

provided the employee contacts Risk Management to apply for

LTD and provided that, should the employee not receive Long

Term Disability Benefits, the employee must repay to the

County all contributions during the leave of absence without

pay. The County shall have the right to recover its contri-

butions towards the employee's coverage through attachment

of wages, including payoffs upon separation, civil action,

or other actions.

Employees are responsible for payment of the remainder of

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

any leave of absence without pay of one full pay period or

longer, including any P.E.R.S. administrative fee. To con-

tinue coverage during the leave of absence without pay, the

employee must apply in advance of the leave to PERS through

the County Personnel Department and make payments to contin-

ue coverage of the employee and any eligible dependents.

Failure by the employee to pay such contributions in ad-

vance shall result in the employee and any dependents losing

coverage under the plan.

3. For any other leave of absence without pay of one full pay period

or longer, the employee is responsible for payment in advance of

the entire contribution for all employee insurances, plus any

P.E.R.S. administrative fee.

10.8 LIABILITY OF EMPLOYEE FOR INELIGIBLE DEPENDENTS

Employees shall be liable for payment for all services received by ineligi-

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

the County.

It is the responsibility of each employee to notify the Employee Insurance

Benefits Unit of the Personnel Department upon any enrolled dependent(s)

becoming ineligible.

41

10.9 ENROLLMENT AND RE-ENROLLMENT OF EMPLOYEES AND DEPENDENTS

All employees must enroll in dental, vision, life and long-term disability

group insurances provided for employees in the General Representation Unit.

Such employees may enroll eligible dependents under the enrollment and

eligibility provisions specified in the plan documents for the group dental

and vision insurances. Any dependents of an employee must be enrolled in

the same dental plan as the employee.

Effective each year of this Memorandum of Understanding, the County shall

cause an open enrollment to take place in the dental plan to be scheduled

concurrent with PERS health plan enrollment. Beginning the open enrollment

period in 2000, the open enrollment period shall include the vision plan.

Dependents enrolled under the vision plan must continue in such coverage

for a minimum of one year, unless the employee separates from County ser-

vice prior to the end of that year.

10.10 The County shall meet and confer with the Union prior to making

any changes in Health, Dental or Vision providers or changes to

Dental and Vision summary plan documents during the term of this

agreement.

10.11 EMPLOYEE ASSISTANCE PROGRAM.

The County provides an Employee Assistance Program. Should employees have

any questions or need further information, booklets are available through

departmental payroll clerks or they may call Occupational Health Services

at (800) 227-1060.

Each employee's family unit shall be entitled to seven visits each year

effective January 1997.

ARTICLE 11 MEAL PERIODS, REST PERIODS, CLEAN-UP TIME

11.1 MEAL PERIOD

All full-time employees shall be granted a meal period not less than thirty

(30) minutes, scheduled at approximately the mid-point of the work period.

Employees required to be at work stations for eight (8) or more consecutive

work hours shall have their meal period during work hours.

11.2 REST PERIODS

All employees shall be granted a rest period during each four hours of

work. Departments may make reasonable rules concerning the rest period

scheduling. Rest periods not taken shall be waived.

11.3 CLEAN-UP TIME

42

Employees whose work causes their person or clothing to become soiled shall

be provided with reasonable time for wash-up at shift end. For purposes of

computing time worked for overtime under FLSA, a maximum of 15 minutes at

shift end shall be allowed for wash-up.

Employees whose work is of the nature where they are exposed to unclean or

unsanitary conditions shall be provided with reasonable time for wash-up

prior to meal time.

ARTICLE 12 OVERTIME

12.1 DEFINITION

Overtime is any authorized time worked in excess of 40 hours per week, in a

seven consecutive day (i.e., 168 consecutive hours) work period.

Employees shall receive payment for all overtime worked in the amount of

one and one-half times their FLSA "regular" hourly rate.

12.2 AUTHORIZATION

Employees cannot work overtime without the advance approval of department

heads or their designated agents. Advance approval may include written

instructions from department heads for standard situations, and such in-

structions may be changed by department heads from time to time.

12.3 COMPUTATION

A. Unless specifically provided otherwise in this Article, paid time off

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

of overtime, including but not limited to: annual leave; sick

leave;vacation; court leave; any balance of compensatory time; paid

leave for participation in County examinations or selection interviews

or for purposes of donating blood; pay for time not worked in the

event of a natural disaster; and mandatory leave with pay.

B. Holidays.

1. 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

purposes of computing overtime.

2. Holidays which occur on a day other than the employee's regularly

scheduled work day shall not be counted as time worked for pur-

poses of computing overtime.

12.4 Notwithstanding the other provisions of this Article, all time in

paid status except compensatory time off will apply towards overtime for

the following classes only:

43

Public Works Maintenance Worker I - IV

Public Works Supervisor

Sanitation Maintenance Worker I - III

Pump Maintenance Electrician

Pump Maintenance Mechanic

Disposal Site Maintenance Worker

Heavy Equipment Operator-Disposal Sites

Transfer Truck Driver

Heavy Equipment Mechanic I

Heavy Equipment Mechanic II

Supervising Heavy Equipment Mechanic

Public Works Dispatcher

Heavy Equipment Service Worker

12.5 Employees shall receive payment for all overtime worked in the amount

of one and one-half times their hourly salary rate, except as provided

immediately below.

Upon the approval of the Department Head or his/her designee, employees may

receive compensatory time for overtime worked in lieu of overtime pay.

Compensatory time shall be compensated at the rate of one and one-half

hours of compensatory time for each hour of overtime worked in lieu of

compensation in cash. However, overtime shall be compensated in cash when-

ever and to the extent that overtime would result in a compensatory time

balance to the credit of an employee in excess of 80 hours. (80 hours of

compensatory time represents 53.3 hours of overtime work.)

Regardless of whether overtime is compensated in cash or compensatory time,

any differentials/ premium pay applicable in the work period when the over-

time is worked shall be shown on the time card for that period, and shall

not be shown on the time card when any resultant compensatory time is taken

off.

12.6 COMPENSATORY TIME

A. If an employee makes a request in writing and gives reasonable advance

notice (i.e., at least two weeks in advance) and said time off request

does not unduly disrupt the operation of the department, the appoint-

ing authority shall grant the request.

Departments cannot require employees to take compensatory time off for

the purpose of avoiding overtime pay.

B. Employees being appointed to a position in this representation unit

from another unit in which they have earned compensatory time must use

or be paid off for such compensatory time at the time of their ap-

pointment to a position in this representation unit.

12.7 DISTRIBUTION OF OVERTIME

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The distribution of overtime shall not be arbitrary or capricious. Over-

time work shall be distributed among workers in the same classification

series and applicable work unit as equally as practical. Whenever practi-

cal, the principle of seniority shall be applied in the offering of over-

time.

When a legitimate reason for declining overtime is presented to management,

a reasonable effort will be made to accommodate the employee.

ARTICLE 13 ON CALL DUTY AND CALL BACK DUTY

13.1 ON-CALL DUTY

A. Defined. On-call duty is defined as the requirement by the department

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

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

and the employee must be available to report to work within a one hour

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

on-call departmental schedule that has been approved by the County

Administrative Officer.

B. County Administrative Officer Approval. No employee may be compensat-

ed for on-call duty until approved by the County Administrative Offi-

cer. Review by the County Administrative Officer shall include a

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

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

County.

C. Time Worked.

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

phone is considered time worked which counts towards overtime.

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

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

site shall not be considered time worked.

3. Time worked shall be deducted from the prescribed on-call shift

to determine the appropriate on-call pay.

D. Compensation.

1. Except as specifically provided in sub-paragraph 2 of this para-

graph, an employee assigned on-call duty shall receive $2.00 per

hour when assigned to be on-call (or $16.00 for an eight hour

period, $32.00 for a sixteen hour period, and $48.00 for a twen-

ty-four hour period).

2. Effective January 11, 1997, employees in the following classes

shall receive $3.00 per hour when assigned to be on-call: Mental

Health Client Specialist, Senior Mental Health Client Specialist,

45

Mental Health Supervising Client Specialist, Psychiatrist, Commu-

nity Mental Health Aide, Clinical Psychologist.

E. Union Notification. The County shall notify the Union whenever the

County intends to add or remove positions in the bargaining unit from

the approved on-call list.

13.2 CALL-BACK

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

another specified work site by the department head or a designated

agent following the termination of their normal work shift shall be

considered to be on call-back unless otherwise provided in this Arti-

cle (13).

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

sidered call-back duty.

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

worked.

If an employee has physically left home and receives a call canceling

a call back, the two hour minimum in B, below, shall apply. Such pay-

ment shall not be considered for time worked.

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

the actual time worked at one and one-half times their regular hourly

rate provided that a minimum of two hours of overtime compensation

shall be allowed for all periods of work less than two hours.

13.3 EMERGENCY RESPONSE - SOCIAL WORK STAFF

A. Pursuant to Welfare and Institutions Code Section 16501 et seq., an

incumbent in a position in the social worker and social work supervi-

sor class series in the Human Resources Agency may be scheduled by the

department head or a designated agent to be available and respond

immediately to emergencies after normal hours of operation and be

compensated as follows:

1. When scheduled to respond immediately to emergencies after normal

hours of operation, the employee shall be compensated at the rate

of $5.75 per hour, or the Federal hourly minimum wage, whichever,

is greater, of assigned duty and such time when the employee is

available to respond shall be considered time worked.

2. When responding to an emergency in accordance with these provi-

sions, either by phone or in person, the employee shall be paid

for actual time worked at his/ her regular hourly rate of pay.

3. Time worked under (1) and (2) immediately above shall count to-

wards overtime.

46

B. Employees subject to this provision (13.3) shall be excluded from the

provisions of 13.1 (On-Call Duty) and 13.2 (Call Back).

ARTICLE 14 DIFFERENTIALS

The payment of differentials is assignment based.

14.1 APPLICATION

A. Any of the differentials in parts 14.2 through 14.11 of this Article

shall be paid on all time in a paid status.

B. Any of the differentials in parts 14.2 through 14.11 of this Article

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

hours worked.

C. None of the differentials included in this Article shall be paid for

the periods an employee is receiving on-call pay or emergency response

standby pay.

14.2 SHIFT DIFFERENTIAL

A. Swing Shift. Employees who work eight consecutive hours or more which

includes at least four hours of work between the hours of 5:00 p.m.

and 12:00 a.m. as a regular work assignment shall be paid a rate of

$.55/hour above their hourly salary rate for a swing shift differen-

tial.

B. Graveyard Shift. Employees who work eight consecutive hours or more

which includes at least four hours of work between the hours of 12:00

a.m. and 8:00 a.m. as a regular work assignment shall be paid a rate

of $.65/hour above their hourly salary rate for a graveyard shift

differential.

C. Corridor Application. The predominant number of hours scheduled in a

shift determine the differential to be paid and the entire shift is to

be paid at the appropriate shift differential. If equal hours are

worked in each of the shift periods then the higher shift differential

will be paid. If a split shift is worked where an individual works

four hours and then is off for a period of time and then returns to

complete the four hours, then the criteria of eight consecutive hours

has not been met and there is no eligibility for the differential.

14.3 INSTITUTIONAL SUPERVISOR DIFFERENTIAL

An employee in a budgeted Group Supervisor II position who is assigned

as the Institutional Supervisor for an uncovered Institutional Super-

visor shift or to cover the absence of an Institutional Supervisor for

a shift shall receive a differential of $1.00 an hour for all hours

worked during such assignment. Such differential shall only apply to

47

hours worked and shall not apply to periods of paid or unpaid leave.

The Probation Department shall retain copies of all shift schedules

which show such assignments for a period of three years.

14.4 BILINGUAL PAY DIFFERENTIAL

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

hour above the base hourly rate where: the position is designated as

requiring bilingual skills at Level One and the employee is certified

as qualified at Level One, by the County Personnel Director.

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

hour above-the base hourly rate where: the position is designated as

requiring bilingual skills at Level Two and the employee is certified

as qualified at Level Two by the County Personnel Director. Effective

September 16, 2000, the bilingual pay differential for Level Two shall

be increased to $0.85 per hour.

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

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

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

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

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

in the second language(s).

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

after the criteria outlined herein are met.

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

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

bilingual skill required of positions to be designated as requiring

bilingual skills. The County may require retesting of employees for

the purpose for certifying that employees possess the necessary skill

level.

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

cease to be met.

E. This provision shall not be available to employees in the class-- of

Court Interpreter Coordinator/Clerk.

F. The County will conduct a study of the bilingual examination process

and the possible creation of a Level III. Upon completion of the study

no later than March 1, 2000, the County will meet and confer with the

Union concerning a differential for any Level III if proposed.

14.5 MORGUE CLEANING ALLOWANCE

One employee in the class of Custodian shall receive a differential of

$0.45 per hour over his/her base hourly rate when assigned to clean the

County morgue for a full work period. The assignment may be changed among

employees from work period to work period, but only one person shall re-

48

ceive the differential within a work period. (A work period is a period of

seven consecutive 24 hours, or 168 consecutive hours.)

14.6 MAIN JAIL DIFFERENTIAL

A. Except as specified in B, immediately below, a main jail differential

for certain employees was abolished effective October 18, 1991 and a

$0.50 an hour increase was included in the base hourly salary step for

the following classes effective October 19, 1991:

Cook

Head Cook

Detention LVN

Detention RN

Detention Nurse Supervisor

B. Employees in classes not listed above who were receiving the Main Jail

Differential on October 18, 1991 shall receive the $0.50 per hour

differential until such time as they leave their current assignment

within the Santa Cruz County Jail. The employee is the incumbent of

Clerk II position BA6-012 in HSA.

14.7 LONGEVITY DIFFERENTIAL

A. Prior to July 12, 1997: Employees who have completed 62,401 of County

Service Hours shall be paid a Longevity Differential of 3% of their

base hourly rate.

B. On and After July 12, 1997: Employees who have completed 52,000 hours

(equivalent to approximately 25 years of full-time employment) shall

be paid a Longevity Differential of 3.0% of their base hourly rate.

14.8 CHARGE DETENTION REGISTERED NURSE DIFFERENTIAL.

Detention Registered Nurses will receive a differential of $0.80 an hour

over his/her base hourly rate when assigned on a regular basis as the

charge nurse on a shift. A maximum of five positions may be designated to

receive the "charge nurse" differential with the approval of the Personnel

Director.

14.9 SUPERVISING DEPUTY PROBATION OFFICER III DIFFERENTIAL.

A Deputy Probation Officer III will receive a $0.94 an hour differential

over his/her base hourly rate when assigned on a regular basis to super-

vise, train, schedule and evaluate the work of a group of subordinate Pro-

bation Officers.

49

A maximum of nine positions may be designated to receive the Supervising

Deputy Probation Officer III Differential with the approval of the Person-

nel Director.

14.10 CHILD PSYCHIATRIST DIFFERENTIAL

An eligible employee in a budgeted position in the class of Psychia-

trist shall receive a differential of 4.0% when assigned by the de-

partment head for and as a child psychiatrist. To be eligible for

such differential, a majority of the employee's caseload must be Child

Psychiatry, the employee's primary assignment must be Child Psychiatry

duties, and the employee must be Board eligible or Board certified in

Child Psychiatry.

14.11 PHARMACIST IN CHARGE DIFFERENTIAL

An eligible employee in a budgeted position in the class of Pharmacist

shall receive a differential of $1.00 per hour when assigned by the

Health Services Administrator to be in charge of a branch pharmacy and

to be responsible for compliance with Federal and State laws pertain-

ing to the practice of pharmacy in that location.

14.12 AGRICULTURAL BIOLOGIST AIDE LEAD DIFFERENTIAL

One employee in a budgeted position in the class of Agricultural Biol-

ogist Aide who is assigned by the department head to provide field

supervision to employees assigned to the pest trapping program, in-

cluding reviewing the quality and quantity of work and ensuring that

sufficient supplies are on hand, shall receive an additional $0.40 an

hour for as as a Agricultural Biologist Aide Lead Differential.

Such differential shall be effective on the first day of the first

full pay period of assignment. Such differential shall cease at the

end of the last pay period of assignment, unless the employee sepa-

rates prior to the end of the pay period.

ARTICLE 15 OTHER COMPENSATION PROVISIONS

15.1 AUTOMOBILE MILEAGE REIMBURSEMENT

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

private automobiles at the Internal Revenue Service maximum allowable

rate (0.31 cents per mile as of August of 1996).

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

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

the IRS allowable rate in the Federal Register.

15.2 REIMBURSEMENT FOR PROPERTY DAMAGE

50

In the event that an employee, required by his/her department head to use a

private automobile on County business, should incur property damage in

connection with a vehicle accident, and the employee is unable to recover

the costs of such property damage from either his/her own insurance company

or from any other driver, or other source, such costs shall be paid to such

employee of the County in the sum not exceeding $150.00 provided that any

claims the employee may have against his/her insurance company or any third

party have been litigated or settled, and provided further, that the em-

ployee is not found guilty of a violation of the California Vehicle Code or

Penal Code in connection with the accident causing such damage.

15.3 REIMBURSEMENT FOR LICENSES OR CERTIFICATES

A. Employees may be reimbursed for the cost of licenses or certificates

required to perform their duties under the following conditions:

1. Licenses and certificates covered must be required by Federal,

State or County laws or by class specifications. Fees for Cali-

fornia drivers licenses shall not be reimbursed under these pro-

visions; provided, however, that reimbursement shall be provided

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

by class specification.

-- Maximum reimbursement shall be $600 per calendar year, commencing

January 1, 2000, except as provided in paragraph B, immediately

below.

B. Narcotics Certificate. Upon proper application, physicians in budget-

ed positions in this representation unit who are required in the class

specification for their class to have a "controlled substances regis-

tration certificate" are eligible for reimbursement for fees paid by

the employee for such certificates during a calendar year, up to an

additional amount of $200, to a total maximum reimbursement not to

exceed $800.

C. Reimbursement shall only apply to fees paid by the employee during the

calendar year, with such reimbursement to commence January 1, 2000.

No reimbursement shall be made for fees of less than $5. Employees

shall not be reimbursed for the same license/certificate under this

Article (15.3) and Article 25.

15.4 MEALS IN LOCKED FACILITIES

Employees regularly required to remain in a locked facility during their

shift shall be entitled to receive one meal served during the shift. The

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

any overtime pay.

Employees required to work shifts of ten (10) hours or more are entitled to

51

receive a second meal if they are required to eat with individuals they

supervise and are not allowed to leave the facility for the convenience of

the County.

15.5 MEAL ALLOWANCE IN DECLARED EMERGENCY

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

ance payments for in- County meals under emergency conditions if the re-

quest is submitted within ten working days. Approval of the department head

or his/her designee and the County Administrative Officer must accompany

the claim.

Meal allowance payments shall be in the amount of the maximum rate speci-

fied in Section 115 of the County Procedures Manual.

Meal payment for breakfast is allowable if the required emergency work

begins at least two hours before the beginning of the regular work day.

Meal payment for lunch is allowable: (1) if the required emergency work

begins at least two hours before the beginning of the regular work day and

ends at least two hours after the ending of the regular work day; or (2) at

least 12 hours of required emergency work occurs, and the regular lunch

period falls within those hours.

Meal payment for dinner is allowable: (1) if the required emergency work

extends at least two hours after the ending of the regular work day; or (2)

at least 16 consecutive hours of emergency work is required on any non-

workday, two of which fall after the ending of the employee's regular work

day.

52

ARTICLE 16 PAID LEAVE

16.1 HOLIDAYS

A. Holidays Specified.

The following are Holidays which apply for eligible General Represen-

tation Unit employees:

1. January 1 - New Year's Day

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

Jr.'s Day"

3. The third Monday in February known as"Presidents' 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 Friday in November - the day after Thanksgiving Day

11. Half day on December 24 - "Christmas Eve"

12. December 25 - "Christmas".

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

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

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

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

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

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

preceding Thursday. Should December 25 fall on a Sunday or Monday, the

half-day on December 24 will be treated as a Santa Cruz County holiday

for a half-day on the preceding Friday.

B. Special Holiday Compensation.

1. Employees who are in budgeted positions and who are required to

work on Thanksgiving Day and/or December 25 shall receive, in

addition to holiday pay, one and one-half of their regular hourly

rate for all hours worked on these days.

2. Eligible employees who are required to work on the last Monday in

May, July 4, and/or the first Monday in September shall receive,

in addition to holiday pay, one and one-half their regular hourly

rate for all hours worked on these days. Employee eligible for

this provision are those in budgeted positions: regularly as-

signed to disposal sites in Public Works; in the Parks, Open

Spaces and Cultural Services Department; in the classes of Cook

or Sheriff's Records Clerk.

3. Employees to which these special holiday compensation provisions

apply shall not receive another day off in lieu of holiday pay.

53

4. An employee who is called back to work on the holidays specified

above in A and B shall be compensated in accordance with these

provisions, notwithstanding the provisions of Article 13.2

C. General Provisions.

1. Compensation.

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

employee shall be paid at the regular hourly salary rate for

his/her normal schedule of hours of work as and for holiday

leave.

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

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

lar hourly salary rate for his/her normal schedule of hours of

work as and for holiday leave; or, the employee may be allowed to

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

work period as holiday leave in lieu of the holiday.

2. Non-Standard Work Schedule. Employees whose weekly work schedule

is different from a standard 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.

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

sation, the employee is required to work or be in a paid status

(e.g., sick leave, annual leave) on his/her last scheduled work

day prior to the holiday and his/her first scheduled work day

following the holiday.

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

with pay shall not constitute a day of paid leave.

5. Not Applicable to Overtime. Holiday leave shall not count as

hours worked for purposes of overtime, unless otherwise specifi-

cally provided in this agreement. (See Article 12.)

6. Holiday Compensation - Part-Time Employees. Employees in part-

time positions shall receive holiday compensation as follows:

a. Holiday compensation shall be provided only for hours which

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

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

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

tion for a holiday occurring during the work week).

b. Holidays that occur on a day other than the part-time employ-

ee's regularly scheduled work day shall be compensated either by

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

54

take time off in the same pay period for the hours which are

proportionate to the part-time position.

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

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

leave, annual leave) on his/ her last scheduled work day prior to

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

holiday.

16.2 ANNUAL LEAVE

A. Eligibility.

Annual leave benefits shall only be provided to those employees in

classes assigned to the General Representation Unit. Such annual

leave benefits shall be provided in accordance with the following:

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

be eligible to receive annual leave after the completion of 1040

hours of service from date of original appointment to a budgeted

position.

No annual leave shall accrue or be available to the employee

prior to the completion of the required 1040 hours.

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

be eligible to receive annual leave after completing hours of

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

months of service shall be determined by multiplying the author-

ized weekly number of hours for the position by 26.

No annual leave shall accrue or be available to the employee

prior to the completion of the hours of service equivalent to six

months.

3. Provisional Employees on Original Appointment. If a provisional

employee is given a probationary appointment without a break in

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

vice as a provisional employee for purposes of eligibility for

annual leave.

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

from a budgeted position and then reappointed within a period of

24 months of layoff shall receive credit for hours of service

accrued prior to layoff for purposes of determining eligibility

for annual leave.

5. Reinstated Employees. Employees granted reinstatement within a

period of 24 months following resignation shall be considered as

a new employee for purposes of annual leave unless the reinstate-

ment follows layoff from a budgeted position.

55

B. ANNUAL LEAVE ALLOWANCE

1. Employees Reappointed from Layoff (Within 24 months).

a. Hours of service completed during prior employment with the

County by reappointed employees shall be used in determining the

annual leave accrual rate.

b. Employees in budgeted positions who were not eligible for

annual leave at the time of layoff shall, upon reappointment, be

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

poses of determining the annual leave accrual rate.

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

nates all earned annual leave accrued to employees.

2. Accruals.

a. Eligible full-time employees shall be credited with approxi-

mately 88 hours of annual leave upon completion of 1040 hours of

service.

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

leave on a prorated basis proportionate to the authorized hours

of their positions, upon completion of the required hours of

service under subsection 16.2 A 2 of this section.

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

shall accumulate annual leave for each subsequent completed hour

of service:

1040-10,400 hours of service (approximately 6 months through

4 years); .0846 hours per hour of service (approximately 22

days per year of service).

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

years); .1038 hours per hour of service (approximately 27

days per year of service).

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

years); .1231 hours per hour of service (approximately 32

days per year of service).

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

over); .1423 hours per hour of service (approximately 37

days per year of service).

C. Conditions and Limitations on Use.

1. Purpose. Annual leave is a benefit provided for the employee in

lieu of vacation and sick leave.

56

2. Accruals. Employees receiving annual leave accruals shall not

accrue vacation or sick leave benefits.

a. Vacation Accruals. Any balance of vacation hours accrued to

an employee in the General Representation Unit as of midnight of

July 20, 1979, shall be added to annual leave and such hours

shall be subject to the conditions outlined herein for annual

leave.

b. Sick Leave Accruals. Any balance of sick leave accrued to an

employee in the General Representation Unit as of midnight on

July 20, 1979 shall be retained as a sick leave credit for use

in the case of a bona fide illness of the employee and subject to

provisions as outlined in the Salary, Compensation and Leave

Provisions of the County Personnel Practices, Subsection 166.4,

"Sick Leave". For those who terminate employment after the July

20, 1979 date with a sick leave balance remaining to their cred-

it, the provisions as outlined in Subsection 166.4 paragraph F,

"Conversion of Sick Leave Upon Separation" shall apply.

3. Employee Illness.

Annual leave with pay can be used in the case of a bona fide

illness or incapacity of the employee upon the approval of the

department head. The Personnel Director or a Department Head may

require evidence in the form of a physician's and/or the County

Medical Director's certificate of the adequacy of the reason for

any absence due to illness or incapacity of the employee. Any

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

which has historically held objections to medical science and

practices may appeal the requirement to the County Administrative

Officer. Employees shall be given reasonable written advance

notice of any requirements to provide medical verification.

a. Care of Immediate Family Member. An employee may be granted

permission to use annual leave in order that he/she may care for

a sick or injured member of his/her immediate family requiring

his/her care, or in order that he/she may obtain medical consul-

tation to preserve his/her health. Immediate family shall mean

son or daughter including variation of step or foster, spouse or

domestic partner, parents, grandparents, brother or sister of the

employee or any person living in the immediate household of the

employee.

(1) Effective January 1, 2000, employees shall be granted

permission to use accrued annual leave to attend to the

illness of a child, parent or spouse of the employee.

All conditions and restrictions placed by the employer

upon the use by an employee of annual leave as sick

leave also shall apply to the use by an employee of

such leave to attend to any illness of his or her

57

child, parent or spouse. As used in this paragraph:

"child" means a biological, foster or adopted child, a

stepchild, a legal ward, or a child of a person stand-

ing in loco parentis; "parent" means a biological,

foster, or adoptive parent, a stepparent, or a legal

guardian.

4. Time for Annual Leave.

The scheduling of annual leave shall be determined by the ap-

pointing authority after mutual consideration of employee conve-

nience and administrative requirements.

An employee's supervisor will respond in writing to written re-

quests for annual leave (Form PER1082) within twenty-one calendar

days of receipt of the written request. If a request is denied,

the supervisor will state the specific administrative require-

ments for the denial.

It is understood that the criteria used by departments to priori-

tize annual leave requests may vary by function, specialty, occu-

pational area, skill and/or organizational unit. Beginning De-

cember 12, 1991, each County department will provide employees in

this representation unit with written criteria by which that the

department prioritizes annual leave requests. The scheduling of

annual leave requests shall not be capricious or arbitrary.

5. Maximum Accrual. Annual leave credit may only be accumulated to

a limit of two and one-half (2 1/2) times the number of annual

leave hours being earned.

6. Increments. Department heads may allow employees to take annual

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

7. No Loss of Credits. No department head shall cause an employee

to lose earned annual leave credits.

8. Donations to Voluntary Time Bank. All employees covered by this

agreement may voluntarily participate in the following County of

Santa Cruz voluntary time bank programs, provided the conditions

of the County Policy are met: Voluntary Time Bank for Catastroph-

ic Illness or Injury; Voluntary Time Bank for a Continuing Cata-

strophic Illness or Injury; Voluntary Time Bank for Natural Dis-

asters; Voluntary Time Bank established for an employee who must

settle family affairs resulting from the death of an immediate

family member. It is understood that participation in this pro-

gram is voluntary.

9. No Duplication with Workers' Compensation. Accrued annual leave

may be prorated to add to Workers' Compensation temporary dis-

ability benefits in order to provide a compensation level equal

to the employee's normal pay.

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D. Annual Leave Payoff Upon Separation. Full-time and part-time employ-

ees who are eligible for annual leave under subsection 16.2 A of this

section shall be paid the monetary value of any earned annual leave to

their credit at the time they separate from County service. Payoff of

unused annual leave upon separation eliminates all earned annual leave

accrued to employees.

16.3 OTHER LEAVE WITH PAY

A. Required Court Leave.

1. During Working Hours. All employees shall be granted leave with

pay from their work for such time as they may be required to

serve in a court of law;

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 witness as required by subpoena based on their occupation-

al 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, or the period of time taken off as

provided in 3 and 4 below.

3. Any employee assigned to swing or graveyard shift, for the hours

of required court leave, in accordance with 1, above, shall not

be compensated for the period of required court duty but shall

receive equal time off as leave with pay during the same or next

work period and such leave with pay shall not be considered time

worked for purposes of overtime.

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 peri-

od 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.

5. No deductions shall be made from the salary of employees while on

jury duty if they have waived or remitted to the County the fee

for jury duty. If they have not so waived or remitted the jury

fee, they shall be paid only for the time actually worked in

their County positions.

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B. County Examinations/Interviews. All employees shall be granted leave

with pay from their work for a reasonable period of time to partici-

pate as candidates in examinations or selection interviews for promo-

tional opportunities and one (1) lateral transfer interview per calen-

dar year with the County, provided they request such leave in advance.

C. Donation of Blood. All employees may be granted leave with pay from

their work for two hours at the time of donating and for the purpose

of donating blood.

D. Natural Disaster.

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

Board of Supervisors or County Administrative Officer deems it neces-

sary to temporarily close an affected County facility, the County

Administrative Officer shall authorize pay for time not worked by

employees in this unit subject to the limitations of this section.

Employees ordered to leave work or ordered not to report to work,

shall receive "other leave with pay" as follows:

First Eight Hours - 1 hour for each scheduled hour missed

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

which may be supplemented by annual leave

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

may be supplemented by annual leave

Additional Hours - No compensation, except employee may use paid time

off (i.e., annual leave, vacation, any compensatory time balance re-

maining)

E. Assault Leave. When an employee sustains a physical injury in the

course of employment as a result of physical contact with another

person which requires medical attention, and providing the injury is

reported immediately to the employee's supervisor, s/he shall receive

his/her hourly salary rate for regularly scheduled work hours each

working day when disabled during the three day waiting period provided

by the California Workers' Compensation Act.

F. Bereavement Leave. Employees shall be granted bereavement leave with

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

following family members:

The parents of the employee, the employee's spouse/domestic partner,

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

parents of the employee and/or employee's spouse/domestic partner, the

grandparents of the employee, and the brother and/or sister of the

spouse/domestic partner of the employee. Also included are the sister

and brother of the employee; children, grandchildren, stepchildren and

adopted children of the employee and or spouse/domestic partner.

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Family members listed above pertaining to the employee's domestic

partner are recognized by the County after submission of an Affidavit

of Domestic Partnership.

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

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

of California.

ARTICLE 17 LEAVES OF ABSENCE WITHOUT PAY

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

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

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

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

cept other employment (except as provided in Article 3.7 of this Memorandum

of Understanding). The decision to grant or deny an employee's request for

a leave of absence without pay shall not be capricious or arbitrary.

17.2 DEPARTMENTAL LEAVE OF ABSENCE WITHOUT PAY UP THROUGH 160 WORKING HOURS

A departmental leave of absence without pay shall not exceed 160 working

hours (prorated for part-time employees).

A. Eligibility.

(1) Permanent and Non-Civil Service Employees. An employee who has

permanent or non-Civil Service status in their present class may

be granted leave of absence without pay by the appointing author-

ity for the purpose of improving the educational advancement or

training of the employee for their position or career in County

service, for cases of extended illness for which sick leave is

not available, or in the event of urgent personal affairs that

require the full attention of the employee.

(2) Probationary or Provisional Employees on Original Appointment.

Employees on an original appointment with probationary or provi-

sional status may be granted a departmental leave without pay by

the appointing authority in the case of illness or where it is

clearly in the best interest of the County and requires the full

attention of the employee, or as may be required under Federal or

State Family Leave Acts.

17.3 LEAVES OF ABSENCE WITHOUT PAY WHICH EXCEED 160 WORKING HOURS

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

hours in accordance with paragraphs A (1) and (2) of subsection 17.2 of

this section subject to prior approval of the Personnel Director (prorated

for part-time employees).

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

ant to Civil Service Rule XI B.

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17.4 RIGHT OF RETURN

A. Permanent Employees. The granting of leave of absence without pay to

an employee who has permanent status in their present class guarantees

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

department at its expiration, or at an earlier date after mutual con-

sideration of the employee's request and the administrative require-

ments.

B. Probationary and Provisional Employees on Original Appointment and

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

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

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

not guarantee the right of return, except as may be required under

Federal and State Family Leave Acts.

17.5 FAILURE TO RETURN

Any employee who fails to return upon the expiration of any leave of ab-

sence without pay shall be regarded as having automatically resigned.

17.6 EFFECT OF LEAVE OF ABSENCE WITHOUT PAY ON SERVICE HOURS

Leave of absence without pay shall be deducted from hours of service for

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

except as may be required by Workers' Compensation provisions. (Those hours

of a leave which exceed 152 working hours shall be deducted for purposes of

determining seniority credit.)

17.7 PARENTAL LEAVE - MEDICAL (DISABILITY) LEAVE

It is the policy of the County of Santa Cruz that female employees be pro-

vided:

a. six weeks of medical leave on account of normal pregnancy, child-

birth or related condition.

Should the period of disability leave on account of normal preg-

nancy begin prior to the date of delivery, employees are to be

provided a maximum of six weeks of disability leave from the date

of delivery, provided that there is a physician's certification

of the employee's medical disability for that period.

b. up to four months of disability leave on account of complications

which result in the disability of the affected employee, as sup-

ported by a physician's certification of the employee's medical

disability for that period.

Additional disability leave on account of complications which

result in the disability of the affected employee, as supported

62

by a physician's certification of disability for the period of

leave, may be granted at the discretion of the appointing author-

ity.

Disability leave requires a physician's statement (PER1081A form)

that the employee is unable to perform the essential duties of

her position under the current medical condition and continues

only for the period of continued physician's certification of the

employee's medical disability. The employee's department re-

serves the right to request a physician's certification of dis-

ability at any point during the leave, which is subject to review

by a County physician. In cases of pregnancy and related medical

conditions, the statement from the employee's physician should

indicate the estimated date of delivery, whether the pregnancy is

normal or not, and if it is not, a statement of prognosis.

It is the responsibility of the employee to request leaves in

advance in accordance with the Personnel Regulations of the Coun-

ty of Santa Cruz. It is the employee's responsibility to ensure

that the necessary physician's certification is provided.

17.8 PARENTAL LEAVE - PERSONAL LEAVE (For employees who are NOT eligible

for leave under Federal and State Family Leave Acts.)

Personal leave (including accrued paid leave such as vacation, annual

leave, and leave of absence without pay) associated with maternity or adop-

tion may be granted at the discretion of the appointing authority in accor-

dance with provisions governing such leave in Section 160 of the Personnel

Regulations. A reasonable period of personal leave connected with materni-

ty or adoption is two months.

a. For pregnancy/childbirth, this two month period would include any

requested time off which does not meet the medical disability

requirements stated above (including any time taken off prior to

birth when the pregnant employee is not disabled, as well as time

taken off by the employee after the disability period).

b. For the father of a new born child or for the parent(s) of a

newly adopted child, this two month period includes any time

taken off from the date of birth or adoption.

Additional personal leave related to maternity or adoption may be granted

at the discretion of the appointing authority.

Departments may require documentation to support a request for personal

leave for paternal reasons.

17.9 CONTINUATION OF INSURANCE BENEFITS DURING LEAVE WITHOUT PAY

To assure continuation of insurance benefits, employees must notify the

Risk Management Division of the County Personnel Department when granted a

63

leave of absence without pay in excess of one pay period. (See Article

10.7).

17.10 LIMITATIONS ON USE

A. Employees must use all earned sick leave prior to the effective date

of any leave of absence without pay in case of illness.

B. Employees must use all accumulated compensatory time off prior to the

effective date of any leave of absence without pay.

C. Specific beginning and ending dates must be identified for any leave

without pay.

D. Paid leave shall not be used, received or earned for any period of

leave of absence without pay, except as provided for in the County

Time Bank Policy.

ARTICLE 18 EMPLOYEE PARKING/BUS PASSES

The County currently has a program that provides free bus passes for em-

ployees in the County Government Center area; these passes are paid for

from permit fees for parking in this area. Should the County begin charg-

ing for employee parking in work locations other than the County Government

Center area, the County shall make free bus passes available to employees

in such work locations.

The County agrees to meet and confer on increases in rates for County pro-

vided parking spaces for employees in this unit.

The County agrees to meet and confer on the impact of policy changes adopt-

ed by the Board of Supervisors regarding employee parking.

ARTICLE 19 EMPLOYEE RIGHTS

19.1 ADVERSE ACTION

No adverse action of any kind shall be taken against any employee based

upon material and/or documentation of which the employee has not been in-

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

as a basis for substantiating the action shall be provided to the employee.

"Adverse action" is defined as a dismissal, demotion, suspension, placement

at a lower salary step in the salary range of the employee, written repri-

mand, or transfer for purposes of punishment.

An employee may file a written response to any written reprimand entered in

his/her personnel file. Such written response shall be attached to, and

shall accompany the written reprimand. An employee who receives a written

64

reprimand shall be afforded an opportunity to meet with the appointing

authority regarding the reprimand, together with a representative of his/

her choice.

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

Service Rule provisions regarding disciplinary actions (i.e., dismissal,

suspension and demotion).

19.2 ALTERNATE DISCIPLINARY APPEAL

The County and Union agree that in some disciplinary cases it would be

appropriate and beneficial to use the services of an arbitrator.

A. Employees, with Union approval, may utilize an arbitrator for disci-

plinary actions (suspensions, demotions, dismissals) provided they

waive their right to an appeal before the Civil Service Commission.

This alternative shall apply only to disciplinary actions that can be

appealed to the Civil Service Commission.

B. The arbitration for disciplinary actions will use a panel of two

standing local arbitrators (e.g., a local administrative law judge,

attorney, or otherwise qualified individual) mutually selected by the

County and Union. The arbitrator for each disciplinary hearing will be

selected by random method from the panel of two standing arbitrators.

C. The arbitration shall be subject to all the provisions of Title 9 of

Part 3 of the California Code of Civil Procedure, commencing with

Section 1280 except for the following special provisions of this

agreement:

1. Appeals must be heard within 30 days from the date of appeal.

2. The arbitrator must issue findings and decisions within 30 days

of the date of the hearing.

3. Back pay awards are limited to a maximum of 60 days.

4. The arbitrator shall be bound by all County ordinances and reso-

lutions and the Memorandum of Understanding.

5. The costs for the arbitrator shall be equally shared by the Union

and County.

6. Each party shall bear their own costs of representation.

7. Proceedings shall be taped; the party requesting a transcription

shall bear the cost of transcription.

19.3 PERSONNEL FILES

The personnel file of each employee shall be maintained in the Personnel

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

65

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

that the employee received a copy.

Employees shall be provided with copies of any written personnel related

material except routine clerical transactions. The employee or his/her

designated representative shall be given a reasonable period of time during

normal working hours, and without loss of pay, to prepare a written re-

sponse to such material. The written response shall be placed in the em-

ployee's personnel file.

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

at any reasonable time without loss of pay to examine and/or obtain a copy

of any material from the employee's personnel file in accordance with ad-

ministrative procedures with the exception of material that was obtained

prior to the appointment of the employee involved.

All personnel files, including the file maintained in the Personnel Depart-

ment and the operating department, shall be kept in confidence and shall be

available for inspection by only the named employee, his/her designated

representative, the Personnel Department in the performance of duty, and

the supervisor/ administrator with the specific responsibility to know its

contents. Employees may designate a representative, who upon authorization

of the employee, shall have access to that employee's personnel file for

the purpose of assisting or advocating the rights of such employee.

Any person reviewing an employee's file in the County Personnel Department

or in the operating department (except for routine clerical transactions)

shall be noted and dated in the employee's file at the time of the review.

19.4 ACCESS TO PERSONNEL REGULATIONS

Employees shall be allowed reasonable access to the County personnel regu-

lations manual in the employee's department.

19.5 EVALUATION

Each employee's supervisor is responsible for evaluating the employee's

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

evaluation within 30 calendar days of the due date unless extension is

mutually agreed upon, shall result in a satisfactory evaluation of the

employee as of the due date. No extension will be granted beyond 90 days.

No evaluation of any employee shall be placed in any personnel file without

an opportunity for discussion between the employee and the evaluator(s).

Any negative evaluation shall have attached documentation and shall include

specific recommendations for improvement and provisions for assisting the

employee in implementing any recommendations made. The employee shall have

the right to review and respond to any evaluation. An employee may desig-

nate a representative for the purpose of assisting or advocating the right

of the employee pursuant to an appeal of an evaluation.

66

Only one (1) original and two (2) copies of an employee evaluation shall be

made. The employee shall receive one copy, the department shall retain one

copy, and the original shall be forwarded to the County Personnel Depart-

ment for inclusion in the employee's personnel file. However, the employ-

ee's supervisor may also retain a copy of the most recent evaluation pro-

vided such evaluation is maintained in confidence.

Employee appeal rights and appeal process shall be printed on the evalua-

tion form.

19.6 DEFENSE AND INDEMNIFICATION

The County shall defend and indemnify an employee against any claim or

action against the employee on account of an act or omission in the scope

of the employee's employment with the County in accordance with and subject

to, the provisions of California Government Code Sections 825 et seq., 995

et seq., and 996 et seq.

67

ARTICLE 20 HEALTH AND SAFETY

The Union and County agree that it is in the best interest of all con-

cerned to provide a safe and healthy working environment. The County

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

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

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

ly basis, the following 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

matter shall be referred to the Department Head who will meet with the

employee and immediate supervisor regarding the matter.

3. If the matter cannot be resolved by the Department Head, it shall

be referred to the County Safety Officer for resolution. The County

Safety Officer shall investigate and act within the limits of his/her

authority on identified potential hazards in a timely manner. The

County Safety Officer shall forward his/her findings to the County

Administrative Officer for action as s/he deems appropriate.

Additionally, the Union shall appoint four representatives to meet

with the County Safety Officer each month regarding the County Safety

Program. Committee meetings shall be monthly at mutually agreed times

and places unless there is an agreement not to meet. Activities may

include, but are not limited to, accompanying the Safety Officer on

safety inspections, reviewing reports on hazards and injuries, review-

ing health and safety practices, developing advisory programs and

services on safe work practices, recommending health and safety train-

ing programs, and making recommendations on the above matters to de-

partments and/or the County Administrative Officer.

Upon request, the County shall provide CAL OSHA Log 200 to the Union

and other information that is reasonably available and non-confiden-

tial on work-related injuries and illnesses. In the event of emergen-

cy conditions posing immediate danger to the health and safety of

county employees; the County Safety Officer will arrange for immediate

release time for the chair of the Health and Safety Committee or other

designated committee member to meet jointly with the County Safety

Officer at the specific work site.

There shall be a Union/Management Task Force, effective January 1,

1992, to address the areas of ergonomic concern related to employee

use of computer work stations. The Task Force shall be comprised of 3

management representatives, with SEIU Local 415 providing 3 represen-

tatives to serve on the Task Force.

68

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

relationship to video display terminal (VDT) use, to accommodate a

female employee who provides a doctor's certification of pregnancy,

and further provides a doctor's certification that the employee's use

of a VDT would be disabling in relationship to this pregnancy. Accom-

modation may include relief of VDT assigned responsibilities or a

disability leave without pay.

ARTICLE 21 CLASSIFICATION ACTIONS AND SALARY PROTECTION

21.1 CLASSIFICATION ACTION

A. The County shall notify the official Union representative regarding

appropriate classifications whenever the County intends to classify,

reclassify create, modify, and/or abolish classes or class specifica-

tions existing in or appropriate to the bargaining unit represented by

the Union. The Union shall respond within ten working days of the

notice. The time limit for response may be extended upon request.

Upon request, both parties shall meet and mutually share information,

excluding work products, with regard to the classification study.

Upon request by the Union, up to four hours of release time per month

shall be granted for two bargaining unit employees for work on classi-

fication actions.

B. On a first come, first served basis, up to 25 unit employees may sub-

mit requests for a classification review of their positions during the

month of January of each year. The employee's request shall be accom-

panied by a Position Description Form (PDF) and a listing of the du-

ties which the employee believes are beyond the scope of his/her class

specification. The appointing authority shall review and respond in

writing to the employee's request within thirty calendar days. If the

appointing authority believes that a review is appropriate, the re-

quest will be forward to the Personnel Department and, after consulta-

tion with the Personnel Department will inform the employee in writing

within two weeks when a study is scheduled. If the appointing authori-

ty does not believe a review is appropriate, s/ he will provide rea-

sons in writing. The employee's request for a classification study

does not require the approval of the employee's supervisor.

21.2 UNIT ASSIGNMENT

The County agrees to consult with the Union on the assignment of new class-

es to bargaining units subject to timely notification to the Union of in-

tent of unit assignment by the County, and timely response to that notice

by the Union. It is agreed that this provision supersedes sub-section

181.7C of the Employer-Employee Relations Policy section on Establishment

of Representation Units.

21.3 SALARY PROTECTION

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A. Overfill Status.

When an occupied regular or limited term position is reclassified

downward, the probationary or permanent incumbent shall 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 reclassi-

fication. The provision of overfill status is a protection device

which is intended to reduce the impact of downward reclassification

upon compensation and class seniority. While in an overfill status,

the incumbent employee shall be eligible for step advancement, general

salary adjustments and accrue seniority which would apply to the for-

mer class. All other benefits and rights of employee representation

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

incumbent employee while in the overfill status.

Overfill provisions of the County shall be terminated at such time as

the equivalent step within the salary range for the new class rises to

meet or exceed the equivalent step in the salary range of the former

class. In such event, the reclassified employee's salary shall be

adjusted on an equivalent step basis (i.e., 2nd step to 2nd step)

within the salary range for the new class and no further application

of the overfill or Y-rate protection provisions shall apply.

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

vacant positions in the former class: (1) in the same department in

order of seniority and (2) in other departments. An employee who is

overfilling shall be demoted to the new class upon:

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

same department; or

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

other departments, or

(3) 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 his/ her salary in the overfill class or in the event that the

employee's salary in the overfill class is above the maximum salary

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

B. Y-Rate.

An employee who is placed on Y-rate shall retain their current salary

rate in the former class for a period of two years or until any step

within the salary range for the new class rises to meet or exceed the

frozen salary rate, whichever occurs first. The frozen salary rate

shall be designated as a Y-rate. All other benefits and rights of

employee representation, which are associated with the new class to

which reclassified, shall apply to the incumbent employee while in the

70

Y-rate status. Where the salary rate for any step within the range for

the new class rises to meet or exceed the Y-rate salary, the employ-

ee's salary shall be adjusted to that step within the range which is

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

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

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

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

ARTICLE 22 GRIEVANCE PROCEDURE

22.1 The County and Union recognize that settlement of grievances is essen-

tial to sound employee management relations. The parties seek to establish

a mutually satisfactory method for the settlement of grievances of employ-

ees, or the Union. The parties encourage the prompt settlement of griev-

ances.

In presenting a grievance, the aggrieved and/or his/her representative is

assured freedom from restraint, interference, coercion, discrimination or

reprisal.

Pursuant to this Memorandum of Understanding and the County's Procedures

Manual Section 160, Salary, Compensation and Leave Provisions, which di-

rectly applies to employees in the General Representation Unit, the proce-

dures and provisions herein are established in order to maintain a reason-

able and uniform process for dealing with disputes.

22.2 DEFINITION

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

(1) A management interpretation or application of provisions of this

Memorandum of Understanding which adversely affects an employee's

wages, hours or conditions of employment.

(2) A management interpretation or application of the County Proce-

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

sions, which directly applies to employees in the General Repre-

sentation 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, minute order or this Memorandum of Under-

standing.

(2) Dismissals, suspension, or reduction in rank or classification.

(3) Probationary dismissals upon original appointment.

(4) Content of performance evaluations.

71

(5) Leaves of Absence, Article 17.2-5.

(6) Violation, misinterpretation, or misapplication of Civil Service

Rules or provisions of the County Code.

(7) Complaints regarding occupational health and safety or the appli-

cable procedures for such complaints.

(8) Complaints regarding Workers' Compensation or the applicable

procedures for such complaints.

22.3 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 pro-

cedures.

22.4 GENERAL PROVISIONS

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

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

system, or merit employment system, nor shall it be administered in a

manner which would abrogate any power which, under the limited civil

service system, or merit employment system, is the sole province and

discretion of the Civil Service Commission.

B. The time limits set forth in this Article (Article 22) are essential

to the grievance procedure and shall be strictly observed.

(1) Failure of the employee(s) or Union to file a grievance within

the required time limits at step one shall result in automatic

dismissal of the grievance. Failure of either party to appeal

and/or respond within the required time limits at any subsequent

step shall result in an automatic advancement of the grievance to

the next step.

(2) Time limits specified in the processing of grievances may be

waived by mutual written agreement.

C. In no event shall any grievance include a claim for money relief for

more than a ninety (90) day period prior to filing of the grievance.

Any grievance settlement shall be implemented in the second pay period

following the settlement of the grievance. Grievance settlements

shall be in writing and shall specify the name of each affected em-

ployee and the specific relief to be afforded to each.

72

D. Grievances may, by mutual agreement, be referred back for further

consideration or discussion to a prior step or advance to a higher

step of the grievance procedure.

E. No hearing officer shall entertain, or make findings of fact or recom-

mend on any dispute unless such dispute involves a position in a unit

represented by the Union and unless such dispute falls within the

definition of a grievance as set forth in this Article.

22.5 PROCEDURE

A. Informal.

Employees are encouraged to act promptly through an informal meeting

with their immediate supervisor in an attempt to resolve the matter

before it becomes the basis for a formal grievance. Any resolution

reached at the informal step must be in accordance with the provisions

of this agreement, or other resolution, rule or ordinance.

B. Formal.

(1) STEP 1

Within thirty (30) calendar days of occurrence or discovery of an

alleged grievance, the grievance may be presented to the depart-

ment head or designated representative. The grievance shall be

submitted on a County of Santa Cruz Employee 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.

(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 representative. A reasonable amount of time will be

granted the employee and representative to handle the initial

investigation and processing of the grievance. The representative

may discuss the problem with employees immediately concerned and

attempt to achieve settlement of the matter.

The department head or designated representative shall provide a

written decision within thirty (30) calendar days of receipt of

the grievance. Unless mutually waived, the department head or

designee shall meet with the grievant/Union prior to issuing

their decision.

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(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 Person-

nel Director or designated representative. The Personnel Direc-

tor or designated representative shall provide a written decision

within fourteen (14) calendar days of receipt of the appeal.

Unless mutually waived, the Personnel Director or designee shall

meet with the grievant/Union prior to issuing their decision.

(3) STEP 3

The decision(s) of the Personnel Director may be appealed within

seven (7) calendar days to a hearing officer. The written appeal

shall be filed with the Personnel Director.

(4) HEARING OFFICER

The hearing officer's compensation and expenses shall be borne

equally by the grievant(s) and the County. Each party shall bear

the costs of its own presentation,including the preparation and

post hearing briefs, if any.

The hearing officer shall be selected by mutual agreement between

the parties. If the parties are unable to agree upon a hearing

officer, the parties shall jointly request the State Conciliation

and Mediation Service to submit a list of seven (7) qualified

hearing officers. The parties shall then alternately strike

names from the list until one name remains, and that person shall

serve as the hearing officer. The party having the first choice

to strike a name from the list shall be determined by lot.

(a) Procedures for choosing a hearing officer shall begin within

thirty (30) calendar days of receipt of the appeal at step 3.

Prior to the selection of the hearing officer, the parties will

attempt to stipulate to as many facts as possible and agree on

the issue(s) to be submitted to the hearing officer.

(b) Proceedings shall be recorded but not transcribed except at

the request of either party to the hearing. The party requesting

the transcripts shall bear the expense. Upon mutual agreement,

the County and the grievant may submit briefs to the hearing

officer in lieu of a hearing.

(c) At the conclusion of the hearing, both parties shall jointly

consider whether the type of case involved lends itself to imme-

diate mediation. If both parties agree to do so, then the hear-

ing officer shall proceed to attempt to settle the particular

grievance by the use of mediation. If through mediation the

parties can reach a mutually acceptable disposition, then that

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disposition shall become the decision of the hearing officer.

The position of either party to proceed or not to proceed to

mediation shall not be disclosed and/or implied by either party

to the hearing officer. If the mediation process does not result

in an acceptable resolution to both parties within one additional

day of the conclusion of the hearing, the case shall be deter-

mined solely by the hearing officer.

If there is no agreement to proceed through the mediation step,

then the case shall be determined solely by the hearing officer.

The position of either party to proceed or not to proceed to

mediation shall not be disclosed and/or implied by either party

to the hearing officer.

(d) Except when briefs are submitted as specified in the pre-

ceding, it shall be the duty of the hearing officer to hear and

consider evidence submitted by the parties and to thereafter make

written findings of fact and a decision within fifteen (15) cal-

endar days of the conclusion of the hearing.

(e) The hearing officer shall have no authority to add to, de-

tract from, alter, amend or modify any provision of this Agree-

ment or impose on any party hereto a limitation or obligation not

explicitly provided for in this agreement. Nor shall the hearing

officer have any authority to add to, detract from, alter, amend

or modify any resolution, ordinance or minute order of the Board

of Supervisors, State law, or written rule.

(f) The decision of the hearing officer shall be final and bind-

ing upon the parties.

ARTICLE 23 LAYOFF PROVISIONS

23.1 DEFINITIONS

A. Layoff: The involuntary separation of an employee because of

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

economy or other reasons determined by the Board of Supervisors

to be in the best interest of County government for County em-

ployees or as determined by the Judges of the Superior Court to

be in the best interest of the Courts for employees under the

jurisdiction of the Court as determined by State law.

B. Permanent: The term "permanent" (including "permanent status")

encompass two situations for purposes of this Article (23) only.

For positions in the Classified Service, this term has the mean-

ing defined under the Limited Merit System of the County. For

employees in budgeted positions in the Courts which are excluded

from the Civil Service System, this term refer to the status of

an employee who has successfully completed the specified period

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of "probationary" service for a job classification as defined in

the Personnel Policies of the Superior Court, County of Santa

Cruz.

C. Probationary: The term "probationary" (including "probationary

status") encompass two situations for purposes of this Article

(23) only. For positions in the Classified Service, this term has

the meaning defined under the Limited Merit System of the County.

For employees in budgeted positions in the Courts which are ex-

cluded from the Civil Service System, this term has the meaning

as defined in the Personnel Policies of the Superior Court, Coun-

ty of Santa Cruz.

23.2 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 for the

County and by the Judges of the Superior Court for the Courts.

23.3 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 eliminated

for the County. The Judges of the Superior Court shall determine the number

and classes of positions to be eliminated for the Courts.

23.4 SCOPE OF APPLICATION

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

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

by displacement, within that department.

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

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

placement.

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

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

weeks per fiscal year for the County. Layoff provisions shall not apply to

a temporary layoff declared under the authority of the Judges of the Supe-

rior Court of less than four (4) cumulative weeks per fiscal year for the

Courts.

23.5 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;

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B. A call for volunteers, in order of seniority (to be considered a

layoff). Such employees may not displace (bump) to another

class.

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

next;

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

laid off next;

E . Permanent employees shall be laid off last in reverse order of

seniority as defined below in 23.7.

23.6 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 23.7. 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.

23.7 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 and employees of the Superior Court that have

attained permanent status as defined in 23.1, above.

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 es-

tablished for a position by the Board of Supervisors or County Admin-

istrative Officer action. Hours worked in excess of the number of

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

in determination of seniority credit.

B. Continuous County service is service uninterrupted by termination

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

exceed 152 consecutive hours shall be deducted from the authorized

hours of service total for purposes of determining seniority credit.

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

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

considered to have terminated.However, no seniority credit shall ac-

crue for such an employee during the period of layoff.

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

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

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

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

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

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

displacement or involuntary reduction in authorized hours within the de-

partment.

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

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

permanent status has been obtained.

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

accrue to the most recent class for seniority credit.

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

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

displacement.

Determination of the relationship between existing classes with respect to

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

of the fifth step salary for the classes.

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

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

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

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

was abolished.

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

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

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

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

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

has achieved permanent status in continuous service.

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

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

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

upon completion of probation in the higher class.

23.8 OPPORTUNITY FOR EMPLOYEE REVIEW

78

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.

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

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

shall have precedence over a Departmental Reemployment List. (Civil

Service Rules, Section IV)

A department may request selective certification of bilingually quali-

fied employees from a Departmental Reemployment List for a vacant

position that is designated as bilingual pursuant to Article 14.4. If

there is no departmental reemployment list, the order of certification

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

List; and (3) other employment lists as specified in Civil Service

Rule VI B 2.

B. County-wide Reemployment Lists.

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

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

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

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

79

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 14.4. If there is

no County-wide Overfill List, the order of certification shall be: (1)

County-wide Reemployment List; and (2) other employment lists as spec-

ified in Civil Service Rule VI B 2.

C. Retention of Reemployment List Status.

A laid off employee shall remain on the Reemployment Lists for the

class until either of the following occurs:

(1) He/she refuses one offer of an interview or one offer of

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

placed;

OR

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

ment.

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

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

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

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

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

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

23.10 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.

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

other classes for which there are no employment lists in accordance

with Civil Service Rules.

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

ing and on-going workload limitations.

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

staffing and on- going workload limitations.

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

tional examinations pursuant to Civil Service Rule VIII.

23.11 EMPLOYEES APPOINTED TO LIMITED-TERM POSITIONS

Notwithstanding any other provisions of this Article (Article 23), 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.

23.12 PRIOR ALTERNATIVE MERIT EMPLOYMENT SYSTEM EMPLOYEES

In the event of the abolishment of the Alternative Merit System and inclu-

sion of positions in that system in the classified service, employees who

held budgeted positions excluded from the classified service while in the

Alternative Merit Employment System shall have their service in such posi-

tions count as if it were service in the classified service for purposes of

layoff only.

Departmental Reemployment Lists established in the event of and prior to

the abolishment of the Alternative Merit Employment System shall be main-

tained separately for a department.

23.13 OTHER MEANS OF ATTAINING PERMANENT STATUS FOR PURPOSES OF SENIORITY

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

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

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

criteria specified below are met.

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

six months continuous probationary service in a higher class in the

same class series.

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

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

the lower class.

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

received in both classes had an overall rating of satisfactory or

better.

81

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

thority which specified the class in which he/she wishes to have per-

manent status for purposes of layoff applied, and the appointing au-

thority concurs with C, above. The appointing authority's concurrence

relates to the facts of the situation.

E. The Personnel Director verifies that sufficient hours of service

were attained in probationary status, service in the two classes was

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

class series.

23.14 IMPLEMENTATION

The change in the provision of Article 23.7 B from the previous Memorandum

with respect to leaves of absence which exceed 152 consecutive hours shall

be made effective December 3, 1983. The provision (last paragraph) in

Article 23.7 with respect to seniority credits in the lower class being

applied to a higher class shall be made effective December 3, 1983.

ARTICLE 24 JOB SHARING, PART-TIME, FLEXIBLE WORK HOURS, VTO

The County acknowledges that there may be benefits both to the employer and

employee in the application of job sharing, voluntary time off (VTO), and

part-time employment or flexible work hours for employees. The County

agrees to consider the feasibility of additional implementation of job

sharing, part-time work or flexible hours in individual departments as

specified below:

A. The Union and the County agree to consult on job sharing, part-

time, and flex-time requests by employees during the period November

through February of each contract year.

B. The Union shall make prompt request to consult and specify mat-

ter(s) to be discussed and provide reasons for the request. The de-

partment shall respond promptly, meet at the earliest mutually agree-

able date, make reasonable efforts to attempt to reach agreement and

provide reasons for their decision if denied.

C. Should agreement not be reached, the Personnel Department will

work with both parties to resolve the matter. If after 30 days the

matter cannot be resolved it shall be dropped for a twelve month peri-

od.

D. The parties may mutually agree to accelerate or extend the time

limits of this Article.

E. The County agrees that denials of requests shall not be arbitrary

or capricious.

ARTICLE 25 TRAINING AND PROMOTIONAL OPPORTUNITIES

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The County and the Union recognize the importance of training

programs and the development of career ladders, and encouraging promotions.

The County and the Union agree to a Labor-Management Training Task Force.

Such task force will have three (3) representatives from the General Repre-

sentation Unit. The scope of the Task force shall be:

A. developing training courses to assist employees in improving work

skills,

B. reviewing in house training programs for promotional opportuni-

ties,

C. establishing programs that will assist individual employees with

clarifying career paths within the County service, and

D. establishing programs that will both identify and assist employees

in overcoming barriers to careers advancement.

For the term of this agreement, the County will provide $16,000 for funding

for employees in the General Representation Unit for: the existing Tuition

Reimbursement Program; for reimbursement for job-related but not required

licenses and/or certificates; and for reimbursement for professional asso-

ciation dues for professional associations for which dues are inseparable

from certification and/or licensure.

A. Maximum reimbursement for employees in the class of Building

Permit Technician I, Building Permit Technician II, Senior Build-

ing Permit Technician, and Building Counter Supervisor for ICBO

certificates, and for employees in the classes of Accountant I,

Accountant II, Accountant III, Accounting Analyst, and Auditor I,

Auditor II, Auditor III, and Auditor IV for Certified Public

Accountant certificates shall be $200 per calendar year, begin-

ning January 1, 2000. Reimbursement shall only apply to fees paid

by the employee during the calendar year in which reimbursement

is received. No reimbursement shall be made for fees of less

than $5.

B. Employees shall not be reimbursed under both this provision and

the provisions of Article 15.3.

ARTICLE 26 HRA WORKLOAD COMMITTEE

A. It is the intent of the management of the Human Resources Agency (HRA)

to:

1. fill vacant budgeted positions and to fill behind approved leaves

of absences without pay in excess of thirty (30) days provided that

adequate Federal/State funding is available; and

83

2. distribute the workloads of Clerical Staff, Eligibility Workers,

Social Workers, and Deputy Public Guardians fairly.

B. In an effort to fairly distribute workload, the HRA management will

act to assign staff and/or distribute cases within functional program

areas and North and South County offices within such areas, with con-

sideration of such factors as the case complexity and training status.

C. When an employee believes that the workload assigned by his/her imme-

diate supervisor is unfair, the employee may refer his/her complaint

to the Workload Committee.

Prior to filing a complaint with the Workload Committee, the employee

will discuss the complaint with his/her immediate supervisor; and, if

the matter is not resolved satisfactorily, the employee shall then

direct a letter to the program manager, with copies to the Chair of

the Committee, the Union and the Agency Administrator fully describing

the complaint. Such letter shall be filed within ten (10) days from

knowledge of the occurrence of the matter on which a complaint is

made.

D. A committee composed of representatives from HRA management and em-

ployees selected by the Union from the Clerical Staff, and from the

Eligibility Worker, Social Worker and Public Guardian class series

shall be established with the effective date of this agreement. The

Workload Review committee shall consist of seven (7) members, three

(3) representing management, three (3) employees selected by the

union, and one (1) Union official. Meetings will be held at the ei-

ther party's request.

The purpose of this committee shall be to review complaints made pursuant

to this article and to discuss and make recommendations concerning:

1. Workload distribution within program areas which may also involve

distribution between North and South County,

2. forecasting future needs,

3. the length of time cases remain in the units,

4. protected time, and

5. improving efficiency within the programs.

Any proposals mutually agreed to by the Committee will be recommended to

the Agency Administrator for timely review and response.

E. In assessing the quality of an employee's work, the Agency will take

into consideration the effect of periods of extensive vacancies and

case complexity.

84

F. Complaints made pursuant to this Article are not grievable; however,

all other provisions are subject to the grievance procedure.

ARTICLE 27 HSA JOINT UNION -- MANAGEMENT COMMITTEE

The parties agree that there will be two committees comprised of represen-

tatives from HSA management and Union. One committee will be consist of

management representatives and union stewards or alternates from the Mental

Health Division; the other committee will consist of management representa-

tives and union stewards or alternates for the remainder of HSA, excluding

the Environmental Health Division.

Each committee will meet quarterly, or more frequently by mutual agreement.

The purpose of these committees shall be communication and information

sharing; problem solving on relevant HSA issues such as employee work envi-

ronment and policies and procedures. The committees will consider HSA

related issues concerning recruitment/retention; patient care and staffing.

Any proposals mutually agreed to by the Committee will be recommended to

the Agency Administrator for review and response.

Issues discussed by the committee are only grievable if they otherwise meet

the definition of a grievance under Article 22.

ARTICLE 28 SEPARABILITY OF PROVISION

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

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 29. RE-OPENERS.

The parties agree to reopen Article 10.1, Health (Medical) Plan, and/ or

Article 10.2, Dental Care, should federal or state legislation be enacted

for a national or state-wide health (medical) and/or dental plan.

ARTICLE 30. UNPAID DAYS OFF.

The County agrees that there will be no temporary layoffs during the term

of this agreement (for example, such as those that occurred in 1993).

ARTICLE 31. WORK SCHEDULE/LOCATION ASSIGNMENT

85

A. Work Schedules/Schedule Changes. Except as provided below, the stan-

dard work schedule shall be eight hours per day, five days per week,

with two consecutive days off. Except for overtime, callback and on-

call assignments, departments which need a different operational

schedule shall maintain and post an employee assignment schedule. No

employee, except in case of emergency, shall be required to work a

different work schedule than assigned (including an alternate sched-

ule) unless the employee has been notified in writing at least five

(5) working days in advance of the change in work schedule.

1. Alternate Schedules

a. Upon recommendation of a department head or designee, flex-

time, job sharing and voluntary reduced work hour programs

may be established after consultation with the Personnel

Director and the Union. Job sharing programs require that

benefits (excluding employee insurances) be prorated.

b. Current alternate work schedules may include 9/80 schedules,

4/10 schedules, and/or other alternate schedules. Individu-

als assigned to such schedules shall accrue leave and holi-

day hours on the same basis as employees working the stan-

dard 5/8 work schedule. Employees shall also be charged

time off based on the number of hours in the work day

missed.

c. Should the County elect to eliminate an existing alternate

schedule, or establish a new alternate schedule, it will

provide five working days advance written notice to the

Union and will meet and confer upon Union request.

B. Transfer. The County shall provide five working days written notice

when transferring employees to a new location in excess of ten (10)

miles from their current worksite, except in cases of emergencies.

Transfers shall not be arbitrary or capricious.

C. Hours Worked. Effective August 10, 1996, All hours worked exclusive

of overtime (as defined in Article 12.1) shall apply to step advance-

ment and annual leave accrual.

On a quarterly basis, beginning October 1, 1996, the department shall

circulate departmental interest cards to establish an extra work in-

terest list. Employees shall have five (5) working days to place

their name on the interest list. Prior to hiring temporary workers,

the department shall consider this list for the filling of temporary

vacancies when practical.

D. Seniority Defined . When used, seniority for purposes of overtime and

shift assignment within the work unit shall be determined by the most

recent date of appointment to the current class and department of the

employee.

86

E. After Hours MediCal Phone Services. Employees in budgeted positions

in the classes of Physicians Assistant/Nurse Practitioner or Clinic

Physician-HSA who are assigned to receive and answer calls from Medi-

Cal clients after working hours shall receive payment of $60.00 for

each completed day of assignment (from 5 p.m. on a weekday to 8 a.m.

the following day); and $96.00 for each completed weekend day and day

on which the County offices are closed in observation of a holiday

(from 8 a.m. on a weekend day or holiday to 8 a.m. on the following

day). "Completed" means receiving and answering all client calls

within the period of assignment.

To receive such pay, the employee may be assigned in writing to such

duty by the Health Services Administrator, leave a phone number where

they can be reached or carry a pager or cellular phone, and return

calls to clients within a period of time specified by the Health Ser-

vices Administrator.

The $60/$96 payment for this assignment is not payment for time actu-

ally worked. Time spent by such employees in receiving and responding

to calls shall be counted as actual time worked. For each incident, a

minimum of 15 minutes time worked may be recorded. If the actual time

worked for an incident exceeds 15 minutes, this minimum shall not

apply.

Response to phone calls and returning calls shall not be considered

call-back duty.

After Hours MediCal Phone Service shall not be considered on-call

duty. Employees assigned such phone service are not required to re-

port to work. Employees are required to answer client calls on a

timely basis, but are otherwise free to pursue their own activities

and are not restricted to a particular locale.

No more than one employee may be assigned such duty on any one day

without the advanced written approval of the County Administrative

Officer.

F. Studies/Actions.

1. The County will begin a classification study of positions in the

class of Program Coordinator in January, 2000, and agrees to meet

and confer with the Union regarding the County's recommendations.

2. Telecommuting. The Union may submit written comments and/or sug-

gestions regarding telecommuting to the County's Data Processing

Policy Committee. The Union will be invited to attend the Policy

Committee when telecommuting is discussed.

3. The County Personnel Department will reclassify a vacant Public

Works Maintenance Worker II position to Building Maintenance

Worker II. In the event the Public Works Department subsequently

requires Public Work Maintenance Workers to perform Building

87

Maintenance Worker duties, employees will be eligible for compen-

sation pursuant to Article 7.6, Work in a Higher Class. This

exception to the normal requirements of Article 7.6 is for these

circumstances and classifications only.

88

SIDE LETTER A

This letter will confirm certain understandings that were reached during the

recent meet and confer process for a Memorandum of Understanding for the General

Representation Unit for the period through September 14, 1999. It is hereby

understood and agreed as follows:

1. The County and the Union acknowledge the necessity and importance of the

Volunteer Initiative Program (VIP). The County agrees that no current General

Representation Unit employee shall experience any reduction in hours or tempo-

rary or permanent elimination of their position due to a VIP placement.

Further, the County shall provide the Union with written proposals detailing

each volunteer position proposed for placement. In order to be timely, the

Union shall notify the County within five working days of receipt of such notic-

es. The County will stop the placement of the volunteer if advance notice is

not provided to the Union. The Union may designate two representatives to meet

with the County. The County shall provide reasonable time for two Union repre-

sentatives to respond to volunteer proposals during regular working hours. Vol-

unteer placements shall not exceed three (3) months or 360 volunteer hours in

duration unless by mutual agreement.

2. Union concerns regarding abuse of the use of extra-help and/or inmate labor

in relationship to the General Representation Unit shall be brought to the at-

tention of the Employee Relations Division of the Personnel Department in a

timely manner. That Division shall investigate the situation and provide a

timely written response to the Union.

ATTACHMENT A September 15, 1999

CONFIDENTIAL POSITIONS

GENERAL REPRESENTATION UNIT

Department/Office Position____________________

Ag Commission 1 Secretary BJ5-001

Auditor 1 Typist Clerk II BC5-001

Board of Supervisors 1 Typist Clk III BC7-002

1 Executive Secty BJ9-001

CAO 1 Sr. Receptionist BU7-001

1 Exec Secty-CAO BJ7-001

1 Admin Aide UR1-001

County Counsel 2 Sr Legal Secty BH5-001

BH5-002

3 Legal Secty I/II BH3-002

BH3-003

BH3-004

1 Paralegal JC2-002

District Attorney 1 Sr Legal Secty BH5-001

General Services 1 Secretary BJ5-001

HSA 1 Exec Secty BJ9-001

HRA 1 Exec Secty BJ9-001

Information Services 1 Admin Aide UR1-001

2 Sr DP Prog Analyst UN6-011

UN6-013

POSCS 1 Secretary BJ5-001

Personnel 1 Secretary BJ5-001

1 Acctg Technician CH7-001

3 Personnel Clk BB5-001

BB5-002

BB5-005

2 Personnel Techn VE2-001

VE2-002

Planning 1 Exec Secty BJ9-001

Probation 1 Secretary BJ5-001

Redevelopment Agency 1 Secretary BJ5-001

Sheriff 1 Secretary BJ5-001

Superior Court 2 Judicial Secretary BH7-001

BH7-002

Reference: Santa Cruz County Employer-Employee Relations Policy Sections

181.2(A)(2) and 181.4(E)(2).

ATTACHMENT C

This attachment states the provisions of State law and the County's Employer- Employee Re-

lations Policy regarding release time for employee representatives.

Meyers-Milias-Brown Act

Government Code Section 3505.3. Time Off For Meetings. Public agencies shall allow a rea-

sonable number of public agency employee representatives of recognized employee organiza-

tions reasonable time off without loss of compensation or other benefits when formally meet-

ing and conferring with representatives of the public agency on matters within the scope of

representation.

County Employer-Employee Relations Policy

181.13. Employee Meetings on County Time.

A. Official Representatives.

Official representatives of a recognized employee organization shall be allowed time off on

County time during normal working hours when formally meeting and conferring in good faith

with the Employee Relations Officer or other management representative designated by the

Board on matters within the scope of representation, provided that advanced arrangements

for the absence are made with the representative's department head and provided that the

number of representatives released for such meetings shall not exceed three (3) persons, ex-

cept by mutual agreement between the Personnel Director and the employee organization pri-

or to the meeting. The use of official time for this purpose shall be reasonable and shall not in-

terfere with the performance of County services.

B. Employees.

1. County employees shall be allowed time off on County time to attend meetings held by

County departments or agencies during regular working hours:

a. if their attendance is required at a specific meeting.

b. if their attendance is required by a hearing officer or commission for presentation of

testimony or other reasons.

c. for meetings required for settlement of grievances filed pursuant to a formal griev-

ance procedure.*

d. if they are designated as a union steward or representative for purposes of process-

ing a formal grievance.*

e. if they are designated as a representative of a recognized employee organization for

purposes of making representation or presentations at meetings and hearings on

wages, hours and working conditions.

2. In each case above, advanced arrangements shall be made with the employee's depart-

ment head for the employee to be absent from the work station or assignment, and the

County department or agency calling the meeting shall be responsible for determining

that the attendance of the particular employee is required.

3. Other Absence. No other time off on County time shall be allowed except as specifically

provided herein or in a memorandum of understanding.

________________________

* See Article 22.5 B (1) of the General Representation Unit Memorandum of Understanding.

FAMILY CARE AND MEDICAL LEAVE ACTS OF 1993

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

& Medical Leave Act (FMLA) - which are effective 2/5/94, employees in the General Representation

Unit have new rights concerning certain leaves of absence for up to 12 weeks per calendar year.

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

have a total of 1000 hours of a combination of time worked and paid leave within the 25 pay period

preceding the requested leave, provided, however, that the County will waive the 1000 hour re-

quirement for those pay periods which comprise calendar (tax) year 1994.

REASONS FOR TAKING LEAVE:

Notwithstanding the provisions of Article 17, FMLA leave must be granted to eligible employees

for any of the following reasons:

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

o to care for the employee's spouse, son or daughter or parent, or domestic partner who has an

affidavit on file with the County Health Plan, who has a serious health condition;

o for a serious health condition that makes the employee unable to perform the employee's job.

For employees in the General Representation Unit, all accrued compensatory time must be used

prior to any leave of absence without pay. Any sick leave (accrued prior to 7/20/79) must be used

prior to any leave of absence without pay for any employee's illness, injury or incapacity to work.

Employees may elect to use accrued annual leave in lieu of leave of absence without pay for the

period of FMLA leave.

ADVANCE NOTICE AND MEDICAL CERTIFICATION:

The employee must provide advance leave notice and medical certification. The leave may be de-

nied if notice requirements are not met.

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

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

condition, and may require second or third opinions at the County's expense. A fitness for du-

ty certification to return to work is required for leaves of four weeks for more, and may be re-

quired for leaves of less than four weeks.

Documentation will also be required for other FMLA leave (i.e., for care of employee's child after

birth, or placement for adoption or foster care).

JOB BENEFITS AND PROTECTION:

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

age under group health plans and make the same contributions as if the employee was contin-

uously employed (i.e., in paid status) for the duration of the leave, notwithstanding the provi-

sions of Article 10.7 of the Memorandum of Understanding. (For other---non-FMLA---leaves of

absence without pay, the provisions of Article 10.7 with respect to employee and County con-

tributions during a leave of absence without pay will apply.)

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

positions with equivalent pay, benefits and other employment terms.

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

to the start of the FMLA leave.

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

prove or deny, other (non-FMLA) paid or unpaid leave.

General Representation Unit FMLA Notice