ARTICLE 1
MEMORANDUM OF UNDERSTANDING - INTRODUCTION
This is
a Memorandum of Understanding between the Management Negotiating Team
for the
County of Santa Cruz and the Detention Officer Association Negotiating
Team.
Both parties agree that this Memorandum is a result of meeting and confer-
ring in
good faith under the terms of State law and County regulations. This
Memorandum
of Understanding contains the complete results of negotiations be-
tween
the County of Santa Cruz and the Detention Officer Association, affiliated
with
Operating Engineers, Local 3, for County Employees in the Detention Officer
Representation
Unit for the period beginning March 22, 1997 and ending March 17,
2000.
Unless
otherwise specified herein, all provisions shall become effective March
22,
1997.
ARTICLE
2 RECOGNITION
The
County of Santa Cruz (herein referred to as "County") recognizes the
Santa
Cruz
County Detention Officers' Association (hereinafter referred to as
"Associ-
ation")
as the exclusive bargaining representative for all employees in "perma-
nent"
(i.e., budgeted) positions within the Detention Officer Representation
Unit,
with Operating Engineers Local No. 3 as the bargaining agent for the Asso-
ciation.
The
County recognizes that budgeted positions in the following job classifica-
tions
are in the Detention Officer Representation Unit: Sheriff's Detention
Officer;
Supervising Detention Officer; Detention Sergeant.
ARTICLE
3 PEACEFUL PERFORMANCE OF COUNTY
SERVICES
The
Union and Association, its agents and
employees it represents, agree that
there
shall be no strike, work stoppage, or any other concerted interference
with
operations, or any picketing, or any refusal to enter upon the County's
premises
or work site during the term of this Memorandum of Understanding.
Any
employee who participates in any of such prohibited activities shall be
subject
to discharge or such lesser discipline as the County shall determine;
provided,
however, that the employee shall have recourse to the Civil Service
Commission
as to the sole question of whether he/she in fact participated in
such
prohibited activity.
If the
Union and Association, its staff or Board of Directors engage in, cause,
instigate,
encourage, condone, or ratify any strike, work stoppage, concerted
interference
with operations, picketing or refusal by employees to enter upon
the
County's premises or work site, the County may immediately suspend or revoke
the
payroll deductions provided; however, the Union and Association shall have
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recourse
to the Civil Service Commission as to the sole question of whether the
Union,
or its staff or Board of Directors engaged in such prohibited activity.
The
inclusion of this Article in the Memorandum of Understanding shall in no way
be
deemed to preclude or estop the County or the Union and Association from
seeking
any form of legal or equitable relief to which it may be entitled during
the
term of the Memorandum of Understanding or at any other time.
ARTICLE
4 COMPLIANCE WITH MEMORANDUM
In the
event of any violation of the terms of this Memorandum, responsible and
authorized
Representatives of the Union and Association or the County, or any
individual
department head as the case may be, shall promptly take such affirma-
tive
action as is within their power to correct and terminate such violation for
the
purpose of bringing such persons into compliance with the terms of this
Memorandum.
Individuals acting or conducting themselves in violation of the
terms
of this Memorandum shall be subject to discipline, up to and including
discharge.
The County shall enforce the terms of this Memorandum on the part of
its
supervisory personnel; the Union and Association shall enforce the terms of
this
Memorandum on the part of its members.
ARTICLE
5 EQUAL EMPLOYMENT PRACTICES -
AFFIRMATIVE ACTION
The
County and the Association agree that no person employed or applying for
employment
shall be discriminated against because of race, color, religion,
disability,
medical condition (cancer related), national origin, ancestry, mari-
tal
status, sex, sexual orientation, age (over 40), 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 position.
The
parties also agree to support Affirmative Action efforts which are intended
to achieve
equal employment opportunity as provided for in Federal and State
requirements.
ARTICLE
6 SAFETY
It is
the duty of the County to make reasonable efforts to provide and maintain
a safe
place of employment. The Operating Engineers, Local 3, will cooperate in
urging
all employees to perform their work in a safe manner. It is the duty of
all
employees to be alert to unsafe practices, equipment, and conditions and to
report
any such unsafe practices, equipment, or conditions to their immediate
supervisor.
If such
condition cannot be satisfactorily remedied by the immediate supervisor,
the
employee may submit the matter in writing to the Departmental Safety Offi-
cer.
If the
employee does not receive a response within a reasonable period of time,
or
finds the response unsatisfactory, he/she may directly contact the County
Safety
Officer in the Personnel Department.
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The
Sheriff-Coroner shall designate a Departmental Safety Officer to receive,
review
and make recommendations on all reported unsafe working conditions.
A
failure by the County to follow the process specified above in this Article
(6) is
grievable. Substantive matters are not
grievable.
ARTICLE
7 SHERIFF'S VEHICLES - SAFETY
INSPECTION
The
Departmental Safety Officer shall be responsible for the safety inspection
and
field testing of County maintained vehicles at 50,000 miles and every 15,000
miles
thereafter. Inadequate or unsafe running gear will be replaced or re-
paired.
Vehicles that are unsafe and cannot be restored to safe condition will
be
removed from service.
The
Association's safety specialist may examine patrol and prisoner transporta-
tion
vehicles when three written reports of a specific safety hazard has not
been
corrected. The Association's safety specialist may recommend improvements
to
eliminate the safety hazard to the Director of General Services.
ARTICLE
8 PRODUCTIVITY
The
parties to this agreement support the concept of high performance and high
productivity
in order to provide a high level of service to the community at
reasonable
cost. The parties agree to reasonably support changes initiated by
Management
which are intended to increase the efficiency or effectiveness of
County
operations.
ARTICLE
9 INOCULATIONS & TESTS
The
County agrees to provide tuberculosis tests, and tetanus and hepatitis inoc-
ulations,
on a voluntary basis to employees in this Representation Unit.
Notwithstanding
the above, tuberculosis tests will be mandatory during the peri-
od when
deemed necessary by the Medical Services Director/Health Officer.
ARTICLE
10 EFFECTIVE DATE OF TRANSACTION
Personnel/payroll
transactions not effective on the first day of a pay period
shall
have an effective date of the first day of the next pay period, unless an
exception
is approved by the Personnel Director and Auditor- Controller. Exam-
ples of
such transactions include: transfers, promotions, demotions. Step in-
creases
which would be effective the first week of the pay period shall have an
effective
date of the first day of that pay period; step 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 provision of this article:
leaves
of absence without pay, return from leave of absence without pay; dis-
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placement;
work in a higher class appointment; return from work in a higher
class
appointment.
ARTICLE
11 SCHEDULED HOURS
A. General. The authorized hours of a budgeted
position constitute the normal-
ly scheduled hours of work for an
employee in that position (e.g., 80 hours
in a pay period are the normal schedule
of work hours for an employee in a
full- time position, and 40 hours in a
pay period are the normal schedule
of work hours for an employee in a
half-time position). However, "normal"
work hours shall not be construed to mean
a guarantee of hours of work.
Scheduled hours of work for an employee
may be less than those authorized
for the position occupied by that
employee because of decreased workload,
weather, closure of facilities, and other
short-term conditions.
The scheduled hours of work of an
employee may be reduced on a continuing
basis:
(1) by mutual agreement between the employee and department, with
the approval of the County Administrative
Office; or (2) by Board of Super-
visors action in accordance with Article
28. If an employee's scheduled
work hours are reduced on a continuing
basis, the authorized hours of the
position should be reduced accordingly to
avoid a negative impact on the
employee.
B. Additional - 7/12 Schedule
1.
It is understood and agreed that no overtime or hours of paid leave
beyond 80 in a pay period, including
any straight time overtime, shall
be a factor or credit for purposes
of step advancement, contributions
to PERS, paid leave accruals, pay
differentials, or seniority accrual.
2.
It is understood and agreed that, notwithstanding any other provisions
of this Memorandum, regular, active
employees in this unit working in
Detention Facilities and assigned to
a 7 day/12 hour work schedule
may, under authorization and
eligibility requirements set forth for
each leave type, use up to 84 hours
(if full-time; 42 hours if half-
time) of paid leave in a pay period. Such paid leave is limited
to
vacation, sick leave, bereavement
leave and court leave.
It is further understood and agreed
that this is not a guarantee of 84
hours of pay period. This provision only applies when the
assigned
hours of work are less than 84 (if
full-time; 42 if half-time) in a
pay period and paid leave in the
form of vacation, sick leave, be-
reavement leave and/ or court leave
has been authorized for which the
employee is eligible.
ARTICLE
12 PAY
A. Basic Pay Plan. The basic pay plan consists
of the salary ranges and as-
signment of classes to such ranges
provided for in the County salary reso-
lution. Each employee shall be paid
within the range for the class unless
otherwise provided.
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B.
Pay Adjustments.
1.
Effective March 22, 1997, the hourly rates for steps in salary ranges
for all classes in this Unit shall
increase by 4.0%.
2.
Effective March 21, 1998, the hourly rates for steps in salary ranges
for all classes in this Unit shall
increase by 3.0%.
3.
Effective March 20, 1999, the salary schedule for classes in this
representation unit shall be
modified as follows:
a.
The existing first step shall be deleted. Individuals at the
first step shall be moved to
the current step 2. Thereafter,
they shall be eligible for advancement to the next step after
2080 hours of service.
b.
An additional step shall be added to the top step of the salary
range approximately five (5%)
percent above the existing top
step. Any employee at the current top step who has completed
2080 hours of service at that
step shall be immediately eligible
for advancement to the new top
step. Employees not yet qualified
for advancement to the new top step shall be eligible for ad-
vancement in accordance with
regular step advancement rules.
c.
The previous steps 2 through 7 will appear on the new salary
range as steps 1 through 6 and
the new top step will be identi-
fied as step 7.
C. Requirements for Step Increases. Step advancements are predicated upon
merit and length of service, and each
part-time or full-time employee in a
budgeted position may receive an increase
at the completion of each number
of hours of service, specified herein
below, up to and including the maxi-
mum step in the employee's salary range
as set forth in the salary resolu-
tion of the County.
1.
Requirement for Step Advancement - Seven Step Salary Range . For per-
sons appointed to a position in this
representation unit, the follow-
ing criteria for step advancement
apply:
a.
The first step in each schedule is the minimum rate and may be
the hiring rate for the class.
b.
The second step may be paid at any time after 2080 hours of sat-
isfactory or better service at
the first step as evidenced by a
meets job standards, exceeds job standards or outstanding
overall
employee performance rating and
upon the recommendation of the
appointing authority.
c.
The third step may be paid at any time after 2080 hours of satis-
factory or better service at
the second step as evidence d by a
meets job standards, exceeds
job standards or outstanding overall
employee performance rating and
upon recommendation of the ap-
pointing authority.
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d.
The fourth step may be paid at any time after 2080 hours of sat-
isfactory or better service at
the third step, as evidenced by a
meets job standards, exceeds job standards or outstanding overall
employee performance rating and
upon recommendation of the ap-
pointing authority.
e.
The fifth step may be paid at any time after 2080 hours of satis-
factory or better service at
the fourth step, as evidenced by a
meets job standards, exceeds
job standards or outstanding overall
employee performance rating and
upon recommendation of the ap-
pointing authority.
f.
The sixth step may be paid at any time after 2080 hours of satis-
factory or better service at
the fifth step as evidence d by a
meets job standards, exceeds
job standards, or outstanding over-
all employee performance rating
and upon the recommendation of
the appointing authority.
g.
The seventh step may be paid at any time after 2080 hours of
satisfactory or better service
at the sixth step as evidenced by
a meets job standards, exceeds
job standards or outstanding over-
all employee performance rating
and upon the recommendation of
the appointing authority.
D. Hours of Service for Purposes of Step
Advancement.
1.
Defined. Paid hours of work and
paid leave hours accrued by an em-
ployee within the number of
authorized hours for the position occupied
by the employee shall constitute
hours of service. Hours worked in
excess of the number of hours
authorized for the position, whether
overtime or otherwise, shall not be
included in hours of service.
a).
Exceptions . Military leave and time off due to an occupational
injury with the County shall be
considered hours of service for
purposes of step advancement.
2.
Beginning Date. Hours of service
for purposes of step increases ac-
crue by class, beginning from the
most recent date of appointment.
E. Step Placement and Step Advancement Upon
Appointment to Equal Class.
1.
Definition. An equal class is
one in which the fifth step hourly rate
of the range for the new class is
the same as for the current class.
2.
Step Placement. Upon appointment
to an equal class, the employee
shall retain the same step.
3.
Step Advancement. Upon
appointment to an equal class, hours of ser-
vice accrued in the former class for
purposes of step advancement
shall apply to the new class.
4.
Application. This provision
shall apply to all appointments to an
equal class, including: transfer,
displacement to an equal class,
provisional transfer, return from
provisional transfer, lateral re-
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classification, and reappointment to
a former class which has a fifth
step hourly rate which is the same.
F. Step Placement and Step Advancement Upon
Appointment to Higher Class.
1.
Definition. A higher class is
one in which the fifth step hourly rate
of the range for the new class is
greater than the fifth step hourly
rate of the range for the current
class.
2.
Application. This provision
shall apply to all types of appointment
to a higher class, except a
reappointment from displacement, and shall
include: promotion (including
promotion through upward reclassifica-
tion or through alternate staffing),
appointment to a former higher
class and a "work in a higher
class" appointment.
3.
Step Placement. The salary of employees who are appointed to a higher
class shall be adjusted to the step
for the new class closest to but
higher than their old salary,
provided, however, that such increases
shall be equivalent to an increase
of at least 5% within the limits of
the new salary range.
4. Step
Advancement. The beginning date for
purposes of accrual of hours
of service for step advancement
shall be the most recent date of ap-
pointment to the higher class.
G. Step Placement and Step Advancement Upon
Appointment to Lower Class or
Downward Reclassification.
1.
Definition. A lower class is one
in which the fifth step hourly rate
of the range for the new class is
less than the fifth step hourly rate
of the range for the current class.
2.
Appointment to a Lower Class Other than Downward Reclassification.
a)
Application. The provisions of paragraphs (b) and
(c) below shall apply to all
types of appointment to a lower
class, except a Y- rate,
including: demotion, appointment to a
former class, displacement to a
lower class, return from provi-
sional promotion, and return
from work in a higher class.
b)
To Class of Previous Service. If
the employee had
previously served in the lower
class to which appoint ed, such
employee shall have all time
served in the higher class count as
continuous service in the lower
class for purposes of step place-
ment and advancement.
c)
To class with NO previous service. Upon appointment to a lower
class, the employee's salary
shall be adjusted to the same salary
range of the new salary range
that he/ she was receiving in the
salary range of the higher
class and the employee shall receive
credit for hours of service
accrued in the step in the higher
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class for purposes of
determining step advancement in the lower
class.
3.
Downward Reclassification.
a)
Overfill Status. When an occupied regular or limited term posi-
tion is reclassified downward, the
probationary or permanent
incumbent may retain the salary
of their former class by being
placed in an overfill status
for a period not to exceed five
years from the effective date
of reclassification. The provision
of overfill status is a
protection device which is intended to
reduce the impact of downward
reclassification upon compensation
and class seniority. While in
and overfill status, the incumbent
employee shall be eligible for step advancement,
general salary
adjustments and accrue
seniority which would apply to the former
class. All other benefits and
rights of employee representation
which are associated with the
former class shall also apply to
the incumbent employee while in
the overfill status.
Overfill provisions of the
County shall be terminated at such
time as the equivalent step within
the salary range for the new
class rises to meet or exceed
the equivalent step in the salary
range of the former class. In
such event, the reclassified em-
ployee's salary shall be
adjusted on an equivalent step basis
(i.e., 2nd step to 2nd step)
within the salary range for the new
class and no further
application of the overfill or Y-rate pro-
tection provisions shall apply.
During the overfill period, the
employee's name shall be certi-
fied to vacant positions in the
former class: (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
occurs first.
Upon such demotion the employee
shall be placed at the step of
the lower salary range which has the rate which is
closest to,
but not less than, their salary
in the overfill class. In the
event that the employees salary
in the overfill class is above
the maximum salary rate for the
lower class the employee shall be
Y-rated.
b)
Y-Rate. An employee who is
placed on Y-rate shall retain their
current salary rate in the
former class for a period of two years
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or until any step within the
salary range for the new class rises
to meet or exceed the frozen
salary rate, whichever occurs first.
The frozen salary rate shall be
designated as a Y-rate. All
other benefits and rights of
employee representation which are
associated with the new class
to which reclassified shall apply
to the incumbent employee while
in the Y-rate status. Where the
salary rate for any step within
the range for the new class rises
to meet or exceed the Y-rate
salary, the employee s salary shall
be adjusted to that step within
the range which is closest to but
not less than the Y-rate salary. If at the expiration of the
two
year Y-rate period the
employee's salary rate is higher than the
maximum established for the
lower class, the employee's salary
rate shall be adjusted to the
maximum for the lower class.
H. Performance Evaluation for Step
Advancement. Failure of an employee's
supervisor to present the employee with a
performance evaluation within 30
calendar days of the due date, unless an extension
is mutually agreed upon,
shall result in a satisfactory evaluation
of the employee as of the due
date, and shall be considered to be a
recommendation of step advancement
effective on the due date by the
appointing authority.
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ARTICLE
13 RETIREMENT
The
County previously agreed, subject to the conditions specified herein (Arti-
cle
13), to amend its contract with P.E.R.S.
to include classes in this repre-
sentation
unit in the 2% at age 50 safety retirement plan effective July 18,
1992.
1. Cap on County Contributions
a.
Prior to July 1, 1998. The total of the County contributions for
classes in this representation unit
for P.E.R.S. (including the County
PERS Contribution and any payment by
the County of the Employee PERS
contribution) and OASDHI (including
Medicare) shall not exceed the
County's contributions for
miscellaneous members of PERS: (a) for
OASDHI (including Medicare); and (b)
for P.E.R.S., including the Coun-
ty PERS contribution rate for
miscellaneous members and using 7.0% as
the employee PERS contribution rate
paid by the County.
b.
On and After July 1, 1998. The total of the County contributions for
them for P.E.R.S. (including the
County PERS Contribution and any
payment by the County of the
Employee PERS contribution) and OASDHI
(including Medicare) shall not
exceed the sum of: (1) 2.0%; plus
(2) the County's contributions for
miscellaneous members of PERS: (a)
for OASDHI (including Medicare); (b)
for P.E.R.S., including the Coun-
ty PERS contribution rate for
miscellaneous members and using 7.0% as
the employee PERS contribution rate paid by the County.
c.
The attached exhibits A and B provide illustrative examples of this
provision.
2. The parties agree that the provision in
paragraph (1), above, of this Arti-
cle (13) shall continue and be a part of the subsequent
Memorandum of Un-
derstanding for this representation unit,
notwithstanding any other provi-
sion of this agreement or of law.
3. The employer pick up of employee PERS
contributions 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
of the PERS contribution directly instead
of it being paid by the employer.
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EXHIBIT A
The following are examples which
illustrate how the County's payment for
P.E.R.S. and OASDHI for miscellaneous
employees act as a cap or maximum of
County contributions when employees in
the Detention Officer Representation
Unit are placed in the 2% at age 50
retirement plan. The actual maximum
will be a "living" amount as
PERS and OASDHI (including Medicare ) rates
change.
County
contributions for
Contributions under 2% at age 50
miscellaneous
employees (safety) retirement
plan________
Co.
PERS contribution 5.394% 12.742% employer PERS contribution
Co.
payment of employee 9.000% employee PERS contribution
PERS contribution 7.000%* _1.450%
OASDHI contribution (employer)
Co.
contribution for 23.192%
OASDHI 7.650%
20.044% --> 20.044%
Total (max.) Co. contribution
3.148%
employee contr. for above**
Co.
PERS contribution 5.394% 13.070% employer PERS contribution
Co.
payment of employee 9.000%
employee PERS contribution
PERS contribution 7.000%* _1.450% OASDHI contribution (employer)
Co.
contribution for 23.520%
OASDHI _7.650%
20.044% --> 20.044%
Total (max.) Co. contribution
3.476%
employee contr. for above**
Co.
PERS contribution 5.674% 16.070% employer PERS contribution
Co.
payment of employee 9.000%
employee PERS contribution
PERS contribution 7.000%* 1.550%
OASDHI contribution (employer)
Co. contribution
for 26.620%
OASDHI 7.650%
Added
2% 8/1/98*** _2.000%
22.324% --> 22.324%
Total (max.) Co. contribution
4.296%
employee contr. for above**
*
Social Security Offset is not a factor in maximum amount of County Contribu-
tions
**Does
not include employee OASDHI contribution.
***Illustrates
2% added to cap on County contributions, effective 7/1/98.
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EXHIBIT B
The
following examples are intended to illustrate the order in which County
payments
will be made within the maximum "cap" tied to miscellaneous
employees.
These
examples assume a maximum of 20.044%; the actual maximum will be a "liv-
ing"
amount as PERS and OASDHI (including Medicare) rates change.
Example A Example B
Assumed
PERS rates 13.070% PERS employer rate 16.070%
for 2%
at age 50 1.450% OASDHI employer rate 1.450%
plan,
and for OASDHI 9.000% PERS employee rate 9.000%
1.450% OASDHI employee rate 1.450%
24.970% total 27.970%
County
payment with 18.594% PERS contribution 18.594%
20.044%
maximum 1.450% OASDHI employer rate 1.450%
20.044% total 20.044%
Employee
payment 1.450% OASDHI employee rate 1.450%
3.476% PERS contribution 6.476%
4.926% total 7.926%
The
order of payment by the County would be:
1.
first, the OASDHI (including Medicare) employer rate;
2.
second, any remainder would be applied to the PERS employer rate;
3.
third, any remainder from (1) and (2) would be applied towards the
PERS employee rate.
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ARTICLE 14
INSURANCES
14.1 HEALTH PLAN.
A. Effective March 22, 1997, the maximum
biweekly County and employee
contribution for insurance coverage under
the Operating Engineer
Health and Welfare Trust Plan shall be as
follows:
County Employee
$120.15 $ 4.49 for employee
only
$168.53 $ 29.48 for employee
plus one dependent
$199.55 $ 34.90 for employee
plus two or more
dependents
Employees in this representation unit
hereby authorize the County to
make bi-weekly payroll deductions of the
employee portion of the pre-
miums for insurance coverage under the
Operating Engineer Health and
Welfare Trust Plan.
B.
Adjustments.
1.
Effective July 26, 1997, the
County shall pay the first $15.00
per month of any increase in
contributions for insurance coverage
under the Union's Health and Welfare
plan and the employee will
pick up the balance of any increase
.
2.
Effective August 1, 1998, the County shall pay the first $15.00
per month of any increase in
contributions for insurance coverage
under the Union's Health and Welfare
plan and the employee will
pick up the balance of any increase.
3.
Effective July 31, 1999, the County shall pay the first $15.00
per month of any increase in
contributions for insurance coverage
under the Union's Health and Welfare
plan and the employee will
pick up the balance of any increase.
C. All dependents enrolled in the health plan
must also be enrolled in
the same dental plan as the employee.
D. The
Operating Engineer Health & Welfare Trust Plan shall provide the
County written notice in advance of
premium rate increases and of any
proposed changes to the current level of
benefits.
E. Indemnify, Hold Harmless and Defend.
The Union and Association indemnifies and
holds the County, its offi-
cers, 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 which may
arise out of or by reason of
actions taken or not taken by the Union
and Association, the Operating
13
Engineers Health and Welfare Trust Fund,
the Health and Welfare Trust
Fund administrator, or by the County
under the provisions of this
Article (14.1), in administering the
provisions of the Operating Engi-
neers Health and Welfare Trust Fund,
including but not limited to,
eligibility, coverage, benefits,
conversion provisions, continuation
coverage, and exclusions, as well as any
liability for any taxes or
penalties resulting from any conflicts
with or violations of Internal
Revenue Codes.
14.2 DENTAL PLAN.
The County
agrees to continue to pay the premium for eligible employees and
dependents
for dental coverage during the term of this agreement.
All
dependents enrolled in the dental plan must also be enrolled in the
Health
Plan.
14.3 LONG TERM DISABILITY.
The
County agrees to maintain the existing Long Term Disability Plan for
regular
employees in the Detention Officer Representation Unit. Effective
March
22, 1997, employee's in this representation unit shall pay the premi-
ums for
this insurance. Employees in this representation unit hereby au-
thorize
the County to make bi-weekly payroll deductions premiums for long
term
disability insurance coverage.
14.4
LIFE INSURANCE.
The
County agrees to maintain and pay the premium for a Life Insurance
plan
for employees in this unit. The Life Insurance plan will be for the
employee
only, and shall be a $50,000 term policy with an AD&D provision.
14.5 WHO AND WHEN COVERED.
A. Employee.
For an employee appointed to a budgeted position, contribu-
tions for coverage begin the first day of
the first full pay period of
employment for the Health Plan, Dental
Plan, Life Insurance, and
Long-Term Disability Plan. Contributions
for coverage cease in the pay
period in which the employee separates
for any reason from a budgeted
position.
B. Dependents (Health Plan, Dental Plan).
1.
Contributions for eligible dependents for the Health Plan and
Dental Plan begin the first day of
the first full pay period
after the enrollment of eligible
dependents. Contributions for
eligible dependents cease in the pay
period in which: (1) the
employee separates for any reason
from a budgeted position; or
(2) the dependent is no longer
eligible.
2.
Eligibility for dependents is determined under the applicable
plan document for the Health Plan
and for the Dental Plan. In
14
general, existing dependents (e.g.,
employee's spouse, employee's
unmarried children, employee's
stepchild) must be enrolled at the
same time as the employee--- when
the employee is appointed to a
budgeted position. New dependents
(e.g., the employee's new
spouse, the employee's new baby; the
employee's newly adopted
child), must be added to the Health
Plan and Dental Plan within
31 calendar days of marriage, birth
or adoption. Coverage begins
the first day of the first full pay
period after enrollment.
14.6 CONTINUATION OF INSURANCES DURING LEAVE OF
ABSENCE WITHOUT PAY
A. Employees granted leave of absence without
pay of one full pay period
or longer must notify the Employee
Insurances/Benefits Division of the
County Personnel Department and make
arrangements for payment of in-
surances in advance. As used herein (Article 14.6), payment
"in ad-
vance" means the last working day of
the pay period in which the pay-
ment is due. If the last day of the pay period is a holiday, payment
must be received by the Employee
Insurance/Benefit Section in the
County Personnel Department by 5:00 p.m.
on the day preceding the
holiday.
An employee who is on a leave of absence
without pay must pay in ad-
vance for any insurance coverage during
the leave of absence of one
full pay period or longer.The only
exception to advance payment is in
the case of an emergency beyond the
control of the employee and where
payment shall be made at the earliest
possible time after the leave
commences.
If the employee does not pay for
insurance coverage during the leave
of absence, he/she is treated like a new
employee in terms of when
coverage begins for each type of
insurance. Should employees and/or
their dependents not be covered during a
leave of absence without pay,
they will be treated as initial enrollees
for dental insurance for
purposes of qualification period and
benefits, including deductions
and co-payments, upon return of the
employee to active employment.
B. When an employee is on a leave of absence
without pay for any reason,
and is not receiving benefits through the
Long Term Disability (LTD)
Plan, coverage under employee insurance
(e.g., health, life, dental,
long-term disability) cease for the
employee and any dependents the
beginning of the first full pay period of
leave of absence without
pay, except as provided in 1 and 2,
immediately below.
1.
Family Care or Medical Leave ("FMLA Leave"). The County shall,
as required by Federal or State law,
make the same contributions
for employee insurances for eligible
employees on an approved
FMLA leave of absence without pay as
if the employee were working
or on paid leave. The employee shall be responsible for
payment
in advance of his/her portion of
premium contributions for insur-
ances during such leave of absence
without pay. Failure by the
15
employee to make required payments
in advance shall result in the
employee and any dependents losing
coverage under employee insur-
ances.
Should the period of leave of
absence without pay extend beyond
the duration of the approved FMLA
leave for which the employee is
entitled, payment for continued
employee insurance coverage shall
be as specified elsewhere in this Section (14.6).
2.
Continuation of Employee Coverage While Receiving LTD Benefits
(other than FMLA leave). The
County's contribution towards em-
ployee's dental coverage, and life
insurance coverage shall con-
tinue 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 his/ her own coverage in
advance and be reimbursed when confirmation is received that he/
she is receiving LTD Benefits,
provided that the employee con-
tacts the Employee
Insurance/Benefits Division to apply for LTD
and provided, should the employee
not receive LTD benefits, the
employee must repay to the County
all contributions for insur-
ances during the leave of absence
without pay. The County shall
have the right to recover its
contributions towards the employ-
ee's coverage through attachment of
wages, including payoff upon
separation, civil action, or other
actions.
C. Liability of Employee for Ineligible
Dependents. Employees shall be
liable for payment for all services received
by ineligible dependents
and for any contributions made on the
dependent's behalf by the Coun-
ty. It is the responsibility of each
employee to notify the Employee
Insurances/Benefits Division of the
County Personnel Department upon
any enrolled dependent(s) becoming
ineligible.
14.7
RETIREE HEALTH
A. The County shall pay $173.92 per month to
the Operating Engineers
Health & Welfare Trust for employees
who retire from County Service
from this representation unit and who
choose (one time irrevocable
choice) to participate in the Operating
Engineer Health & Welfare
Trust Plan upon separation from County
Service, provided all of the
following conditions are met:
1.
The employee files an application for monthly retirement benefits
through PERS at the time of
separation; and
2.
The employee is at least 50 years of age at the time of separa-
tion; and
3.
The employee must have completed at least 20,800 continuous hours
of regular service with the County
at the time of separation.
(Reappointment following layoff
shall not constitute a break in
continuous service.)
16
Effective April of 1997, the the County's
payment under this provision
shall be increased to $190.00 per month.
B. This provision shall terminate should any
of the following conditions
be met:
1.
Upon death of the retired employee; or
2.
Upon eligibility of the retired employee for Medicare; or
3.
Upon employment with another employer with whom the retired em-
ployee is eligible for health
coverage.
C. Retirees or their survivors shall promptly
notify the Operating Engi-
neers and County of conditions which
terminate eligibility.
D. The Operating Engineer Health & Welfare
Trust shall bill the County
monthly, and shall remit any monies
collected for ineligible persons.
E. Nothing in this agreement guarantees
continued health insurance cover-
age upon or after the expiration of this
agreement 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 termination of
this Memorandum of Understand-
ing.
ARTICLE
15 OVERTIME
15.1 GENERAL
A. Definitions. For purposes of this section, the following terms are
defined:
1.
"Holiday" means those days specified by resolution of the
Board
of Supervisors to be County
Holidays.
2.
"Overtime" means authorized time worked in excess of 80 hours
in
a two- week work period (pay
period).
3. "Two-Week Work
Period" means an 80-hour period during two weeks,
commencing Friday at midnight (12:01
a.m. Saturday) and ending
the second Friday thereafter at
midnight (12 a.m.).
B. Authorization. Provided that budgetary limits are not exceeded, de-
partment heads may authorize overtime for
employees within their de-
partment when the workload in the
department dictates the need.
1.
Emergencies. In cases of emergency (County Code 5.15.020), budg-
etary limits may be exceeded but
department heads shall report
the action to the County
Administrative Officer on the first
regular work day following the
performance of the overtime
worked.
17
2.
Advance Approval Required. Employees cannot work overtime without
the advance approval of department
heads or their designated
agents.
3.
Time Off At Convenience of Department. Time off in lieu of over-
time pay shall be granted at the
convenience of the department
head.
4.
Eligibility. All employees are
eligible for overtime pay.
C.
Computation.
1.
Hours Not Included. Unless
specifically provided otherwise in
this Article, paid time off from
work for any purpose shall not
count as time worked for purposes of
overtime, including but not
limited to: sick leave; vacation;
court leave; any balance of
compensatory time; paid leave for
participation in County exami-
nation or selection interviews or
for purposes of donating blood;
and mandatory leave with pay.
2.
Holidays.
a.
When a holiday falls on an employee's regular work day, the
hours of holiday leave shall be
counted as time worked for
purposes of computing overtime
if the holiday is not worked.
b.
Hours worked on holidays shall be counted as time worked for
purposes of computing overtime.
c.
Holidays which occur on a day other than on an employee's
regularly scheduled work day
shall not be counted as time
worked for purposes of
computing overtime.
3. 7/12 Schedule. Paragraph 2,
of this Part (C), shall not apply to
employees assigned to the 7 day/12
hours schedule.
15.2
COMPENSATION FOR OVERTIME
Employees
in this Unit shall receive payments in cash for all overtime
worked
in the amount of one and one-half (1-1/2) times the employee's FLSA
hourly
"regular rate."
ARTICLE
16 CALL BACK PAY AND COURT APPEARANCE
PAY.
16.1
CALL BACK PAY
A. Defined.
Employees who are ordered to return to their work site or
another specified work site by the
department head or a designated
18
representative following the termination
of their normal work shift
shall be considered to be on call-back
unless otherwise provided in
this Article (16).
Responses to phone calls or performing
work at home shall not be con-
sidered call-back duty.
Travel time to and from the work site
shall not be considered time
worked, unless the employee engages in
productive work in route to the
job site.
B. Compensation. Employees who are called back shall be compensated for
the actual time worked with a minimum of
two (2) hours of overtime
compensation being allowed for all
periods less than two (2) hours.
Overtime call-back compensation shall be
administered consistent with
the provisions of Article 15.
16.2
COURT APPEARANCE PAY
Employees
who are required to return to work to appear in court at a time
other
than their regular shift shall receive the pay rate of one and one-
half
(1-1/2) times their base rate of pay with a minimum of four (4) hours,
except
as follows:
a.
No more than one four (4) hour minimum shall be paid for any one
day.
b.
No compensation shall be granted for the period the court is in
lunch recess unless the lunch break
falls within the four (4)
hour minimum.
c.
Employees subpoenaed into court while on vacation shall receive
the four (4) hour minimum court
appearance pay with a correspond-
ing reduction in vacation leave
charged.
ARTICLE
17 ON-CALL DUTY
A. Defined
On-call duty is defined as the
requirement by the County for an em-
ployee to leave a phone number where the
employee can be reached dur-
ing off-duty hours, or carry a pager
during off duty hours, and the
employee must be able to report to a
specified job site within a one
hour period. To be assigned on-call duty, an employee must be on a
written on-call department schedule that
has been approved by the
County Administrative Officer.
B. County Administrative Officer Approval.
No employee may be compensated for
on-call duty until approved by the
County Administrative Officer.
Review by the County Administrative
19
Officer shall include a determination of
the need for the use of on-
call, and a determination that the
on-call situation is to be utilized
to the advantage of the County.
C. Time Worked.
1.
Time spent in answering phone calls or responding to calls by
phone is considered actual hours
worked which counts towards
overtime.
2.
An employee who is called back to duty shall be considered on-
call until he/she reaches the job
site unless engaged in produc-
tive work. Travel time to the job
site shall not be considered
time worked unless productive work
(e.g., use of a car or port-
able radio to determine status of
case, assign staff, call out
equipment) is done.
3.
Time worked shall be deducted from the prescribed on-call shift
to determine the appropriate on-call
pay.
D. Compensation. An employee assigned on-call duty shall be compensated
at a rate of $2.00 per hour for a period
when assigned to be on-call.
ARTICLE
18 NOTICE ON CHANGES IN WORK SCHEDULE
In so
far as practical, a minimum of two (2) calendar weeks advance notice
shall
be given to employees in the Detention Officer Unit for changes in
work
assignment which affect:
a.
Regular scheduled working hours;
b.
Normal location for reporting to duty;
c.
Uniformed or non-uniformed status of employees.
Notwithstanding
the above, the parties agree that application of the 7/12
schedule
at the Roundtree Facility requires shorter notice with respect to
a
change in regularly scheduled work hours.
Employees on a alternate 7/12
work
schedule at the Roundtree Facility may, upon 48 hours advance notice,
have
their regularly scheduled working hours changed within the work period
(e.g.,
the shift to begin four hours later).
Such changes in regularly
scheduled
work hours are not intended to alter the normal total of hours
worked
within the two-week work period.
For the
bi-annual shift assignment schedule, in so far as practical, a
minimum
of four (4) calendar weeks advance notice shall be given to employ-
ees in
the Detention Officer Unit.
Nothing
herein shall limit the authority of management in making assign-
ments
to different or additional locations, shifts or work duties for the
purpose
of meeting emergencies or critical staffing needs.
20
ARTICLE 19
7/12 SHIFT ASSIGNMENTS/VACATION SIGN UP- DETENTION FACILITIES
A.
Shift Assignments - Within Facility. Shift assignments shall be sched-
uled semi-annually to coincide with the
semester year.
1.
For the first semi-annual schedule in calendar year 1995, Shift
assignments will be based on the
needs of the department, taking
into consideration the individual
officer's concerns for assign-
ment or preference of shift
assignment. During such selection
periods, staff will submit
preference slips detailing first,
second, and third choices with
explanation as to the reasons or
needs for these preferences and the
department will consider
shift trades among employees.
2.
For the second semi-annual schedule in calendar year 1995, the
Sheriff's Office intends to follow
these guidelines in determin-
ing shift assignments for Detention
personnel:
a.
Shift schedules for which
employees may express a preference
will be posted in advance of
the schedule change. Employees
will be given preference by
length of continuous service in
their current job class, provided
that the department shall
determine the adequate staffing
requirements, and that the
limitations of assignment by
sex and number of trainees by
facility are met, and the
requirement of having experienced
and qualified employees,
including those receiving a bilin-
gual pay differential, on duty on each team in each facili-
ty are met in making such
assignments.
For purposes of this sub-section
(19 A) only, continuous
service in a class means
continuous service from the most
recent date of appointment to
that class; provided, however,
that a temporary appointment to
a higher class shall not
count as a break in continuous
service in the lower, on-
going class; and that
reappointment following layoff shall
not constitute a break in
continuous service.
b.
Assignment of Probationary Employees.
During the
probationary period, an
employee shall be assigned to what-
ever shift the department deems
necessary for training and
evaluation, or to meet staff
shortages. A probationary em-
ployee may be required to rotate assignments and teams for
orientation training purposes,
and to become familiar with
various personnel on each team.
The time spent by an employ-
ee on team rotation may be
shortened or lengthened beyond
the probationary period
pursuant to the department's deter-
mination of the employee's
ability to absorb training and
fully qualify to meet the
requirements of the job.
Upon completion of the above team rotation, an
employee will
be assigned to a team. Such
team assignment will be based on
the needs of the department.
21
3.
Following the second semi-annual schedule in calendar year 1986,
the next semi-annual schedule shall
be in accordance with (1),
above, and the succeeding
semi-annual schedule in accordance with
(2), above, and so forth, so that
two schedules by "seniority"
are alternated with one schedule by
"management direction."
4.
Shift assignment of employees on special evaluation will be based
on the needs of the department.
B. Vacation Scheduling - Within Facility. Employees will be given pref-
erence by "seniority" as
defined immediately below for the scheduling
of vacation, provided that: (1) the department shall determine the
adequate staffing requirements, and that
the limitations of assignment
by sex and number of trainees by facility
are met, and that the re-
quirements of having experienced and
qualified employees on duty on
each team in a facility are met in
scheduling such vacations; and (2)
once the vacation schedule has been
established a more senior employee
shall not be able to use his/her
seniority to "bump" another employ-
ee's primary vacation time within
thirteen (13) weeks of the beginning
date of the less senior employee's vacation.
"Primary" vacation means
authorized vacation leave for one week
(five days for an employee on a
5/8 schedule; three or four days
depending on the week of the pay
period for an employee on a 7/12
schedule).
For purposes of vacation scheduling only,
"seniority" means length of
continuous service in this representation
unit. In the event of mul-
tiple hires on the same date, seniority
will be appointed by manage-
ment and the employees will be notified.
Reappointment following lay-
off shall not constitute a break in
continuous service. A separation
from this representation unit for any
other reason that layoff shall
constitute a break in continuous service.
Subject to management necessity, in the
water street facility, at
least one bargaining unit member on each
shift shall be permitted to
take vacation leave.
Informational
note: "Length of continuous service" and "seniority" as
used
in this
Article (19) have different meanings depending upon the sub-sec-
tion. In sub-section A it means a period of
continuous service in the
employee's
current job class (e.g., Sheriff's Detention Officer). In Sub-
section
B it means the period of continuous service in all job classes
(e.g.,
Sheriff's Detention Officer, Supervising Detention Officer, Deten-
tion
Sergeant) in the representation unit taken together.
22
ARTICLE
20 PAID LEAVE
20.1 HOLIDAYS
A. 5 Day/8 Hour Schedule: Employees on the 5 day/8 hour schedule shall
receive the holidays listed below.
1.
January 1, "New Year's Day"
2.
The third Monday in January, known as "Martin Luther King Day"
3.
The third Monday in February, known as "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 last Friday in November, the day after "Thanksgiving Day"
11.
Half day on Dec 24, known as "Christmas Eve"
12.
December 25, " Christmas Day"
If January 1, July 4, November 11, or
December 25 fall upon a Sunday,
the Monday following is a Santa Cruz
County holiday, and if any of
said dates fall upon a Saturday, the
preceding Friday is a Santa Cruz
County holiday. Should December 25 fall
on a Saturday, the preceding
Friday is a Santa Cruz County holiday and
the half-day on December 24
will be treated as a County holiday for a
half-day on the preceding
Thursday. Should December 25 fall on a
Sunday or Monday, the half-day
on December 24 will be treated as a Santa
Cruz County holiday for a
half-day on the preceding Friday.
Statewide and local election days shall
be regular County work days.
B. General Provisions
1.
Non-standard Work Schedule.
Employees whose weekly work schedule
is different from a normal (i.e.,
eight hours a day, five days a
week) work schedule shall be granted
the same number of hours off
from their work as employees on a
normal work schedule are grant-
ed because of holidays.
2.
During Paid Leave. A holiday
falling within a period of leave
with pay shall not constitute a day
of paid leave.
3.
Qualifications for Pay. In order
to qualify for holiday compen-
sation, the employee is required to
work or be in a paid status
(e.g., vacation, sick leave) on
his/her last scheduled work day
prior to the holiday and his/her
first scheduled work day follow-
ing the holiday.
C. Holiday Compensation - Part-Time
Employees. Employees working in
budgeted part-time positions that require
between 20 and 39 hours of
work per week shall receive holiday
benefits as follows:
23
1.
Holiday compensation shall be provided only for hours which are
proportionate to those budgeted for
the part-time employee's
position (e.g., an employee working
in a 20-hour-a-week or half-
time position would receive four (4) hours of holiday compensa-
tion for a holiday occurring during
the work week).
2.
Holidays that occur on a day other than the part-time employee's
regularly scheduled work day shall
be compensated either by sala-
ry at straight time or allowing the
part-time employee to take
time off in the same pay period for
the hours which are propor-
tionate to the part-time position.
3.
In order to qualify for holiday compensation, the part-time em-
ployee is required to work or be in
a paid status (i.e., vaca-
tion, sick leave, etc.) his/her last
scheduled work day prior to
the holiday and his/her first
scheduled work day following the
holiday.
D. Exclusions.
1.
Extra-Help Employees. Extra-help
employees shall not be eligible
to receive holiday compensation.
2.
Employees on 7/Day/12 Hour Schedule.
Regular employees in the
Detention Officer Unit who are
assigned to a 7 day/12 hour sched-
ule in Detention Facilities are
excluded from the provisions of
Parts A, B, and C of this section
(20.1 Holidays).
E. 7/12 Differential In Lieu of Holidays. Employees in this Unit who are
assigned to a 7 day/12 hour schedule in
Detention Facilities shall
receive 6.5% of their base pay as a
holiday differential in lieu of
and for holidays. Payment of holiday pay
differential shall be twice
yearly, prorated on the length of active,
regular service on the 7/12
schedule in Detention Facilities. These
semi-annual payments shall be
made on the first pay day in June and
December.
"Base pay" means the hourly
rate salary step of the employee for paid
hours of work and paid hours of leave
while in active service within
the authorized hours of the position.
ARTICLE
20.2 VACATION
20.2 VACATION
A.
Eligibility. Vacation benefits
shall be provided in accordance with
the following.
1.
Full-Time Employees. Each employee in a full-time position shall
24
be entitled to receive a vacation
after completion of 2080 hours
of service from date of original
appointment to a budgeted posi-
tion.
No vacation shall accrue or be
available to the employee prior to
the completion of the required 2080
hours.
2.
Part-Time Employees. Each employee in a part-time position shall
be eligible to receive vacation
after completing hours of service
equivalent to one year, provided,
however, that the one-year of
service shall be determined by
multiplying the authorized weekly
number of hours for the position by
52.
No vacation shall accrue or be
available to the employee prior to
completion of the required hours of
service equivalent to one
year.
3.
Extra-Help Employees. Extra-help employees shall not earn vaca-
tion leave.
4.
Provisional Employees on Original Appointment. If a provisional
employee is given a probationary
appointment without a break in
service, the employee shall be
granted credit for hours of ser-
vice as a provisional employee for
purposes of earning vacation
credit.
5.
Employees Reappointed from Layoff. Employees who are laid off and
then reappointed within a period of
24 months of layoff shall
receive credit for hours of service
accrued prior to layoff for
purposes of determining eligibility
for vacation leave.
B. Vacation Allowance.
1.
Newly Appointed Detention Officer Representation Unit Employees
on the 5 Day/8 Hour Work Schedule.
a.
Eligible full-time employees newly appointed shall be
be credited with 112 hours of
vacation upon completion of
2080 hours of service.
b. Eligible part-time
employees newly appointed shall be
credited with vacation on a
prorated basis proportionate to
the authorized hours of their
positions upon completion of
the required hours of service
under subsection A 2 of this
section.
c.
Thereafter each eligible part-time and full-time
employee shall accumulate
vacation leave for each subsequent
completed hour of service as
follows:
25
2080 -10,400 hours of service
(approximately 1 through 5
years); .0538 hours per hour of
service (approximately 112
hours per year of full-time
service).
10,401 -20,800 hours of service (approximately 6 through
10
years); .0731 hours per hour of
service (approximately 152
hours per year of full-time
service). 20,801 -31,200 hours
of service (approximately 11
through 15 years); .0923 hours
per hour of service
(approximately 192 hours per year of
full-time service).
31,201 hours of service and
over (approximately 16 years and
over); .1115 hours per hour of
service (approximately 232
hours per year of full-time
service).
2.
Newly Appointed Employees In Detention Officer Unit on the 7
Day/12 Hour Schedule.
a.
Each eligible full-time employee newly appointed shall be
credited with 80 hours of
vacation upon completion of 2080
hours of service.
b.
Eligible part-time employee newly appointed shall be credit-
ed with vacation on a prorated
basis proportionate to the
authorized hours of their
positions upon completion of the
required hours of service under
subsection A 2 of this sec-
tion.
c.
Thereafter each eligible part-time and full-time employee
shall accumulate vacation leave
for each subsequent complet-
ed hours of service as follows:
2080 -10,400 hours of service
(approximately 1 through 5
years; .0385 hours per hour of
service (approximately 80
hours per year of full-time
service).
10,401 -20,800 hours of service
(approximately 6 through 10
years); .0577 hours per hour of
service (approximately 120
hours per year of full-time service).
20,801 -31,200 hours of service
(approximately 11 through 15
years); .0769 hours per hour of
service (approximately 160
hours per year of full-time
service).
31,201 hours of service and
over (approximately 16 years and
over); .0962 hours per hour of
service (approximately 200
hours per year of full-time
service).
3.
Employees Moving from One Vacation Schedule to Another. Current
employees who move from one vacation
schedule to another shall
retain their accumulated vacation
credits and accrue vacation
leave at the appropriate rate under
the new schedule. Should such
26
employee's accrued vacation credits
exceed the maximum accrual
under the new schedule, the excess
hours shall be credited toward
sick leave to the maximum allowable.
4.
Employees Reappointed from Layoff (within 24 months).
a.
The original appointment date and hours of service
completed during prior
employment with the County by reap-
pointed employees shall
determine the vacation accrual rate.
b.
Employees who were not eligible for vacation payoff at the
time of layoff shall, upon
reappointment, be credited with
all unused vacation leave
accrued at the date of layoff.
c.
Payoff of unused vacation leave at the time of layoff
eliminates all earned vacation
to employees.
C. Limitations On Use.
1.
At Convenience of Department. Vacation shall be taken at times
designated by the various department
heads.
2.
Maximum Accrual. No employee shall be allowed to accrue more than
two times the annual vacation
accrual rate indicated for their
length of service on the 5 day/8
hour vacation accrual schedule.
3.
Increments. Department heads may allow employees to take vacation
time off in increments as small as
.01 hours.
4.
No Loss of Credits. No department head shall cause an employee to
lose earned credits.
5.
No Duplication with Worker's Compensation. Accrued vacation may
be prorated to add to Worker's
Compensation temporary disability
benefits in order to provide a
compensation level equal to the
employee's normal pay.
6.
Vacation Loss Protection. It is
agree that it is in the best
interest of both the County and the
employee that each employee
take earned vacation time. Therefore, employees are not eligible
for compensation in cash for vacation
in excess of the maximum
accrual rate except when so
specified in an emergency declared by
the County Administrative Officer.
7.
With the approval of the Sheriff or his/her designated represen-
tative, an employee may be offered
the option of forfeiting vaca-
tion time in lieu of disciplinary
days off from work which have
been assessed by the Sheriff or
his/her designated representative
following due process disciplinary
proceedings.
27
D.
Vacation Payoff Upon Separation. Full-time and part-time employee who
are eligible for vacation under
subsection A of this section shall be
paid the monetary value of any earned
vacation to their credit at the
time they separate from the County
service. Payoff of unused vacation
upon separation eliminates all earned
vacation accrued to employees.
20.3 SICK LEAVE
A. Eligibility. Sick leave benefits shall only be provided to those
regular employees in classes assigned to
the Detention Officer Repre-
sentation Unit. Sick leave benefits shall
be provided in accordance
with the following.
1.
Full-time Employees. Each
employee in a full-time position shall
be entitled to receive sick leave
after the completion of 1040
hours of service.
2.
Part-time Employees. Each
employee in a part-time position shall
be eligible to receive sick leave
after completing hours of ser-
vice equivalent to six months,
provided, how-ever, that the six
months shall be determined by
multiplying the authorized weekly
number of hours for the position by
26.
3.
Extra-help Employees. Extra-help employees shall not earn sick
leave.
4.
Provisional Employees on Original Appointment. If a provisional
employee is given a probationary
appointment without a break in
service, the employee shall be granted
credit for hours of ser-
vice as a provisional employee for
purposes of earning sick leave
credit.
5.
Employees Reappointed from Layoff.
Employees who are laid off
and reappointed within a period of
24 months of layoff shall
receive credit for hours of service
accumulated prior to layoff
for purposes of determining
eligibility for sick leave.
6.
LC 4850 Leave. Employees
receiving paid leave pursuant to Cali-
fornia Labor Code Section 4850 shall
not accrue sick leave.
B. Sick Leave Allowance.
1.
Employees Reappointed from Layoff (within 24 months).
a.
Employees who were not eligible for sick leave
conversion at the time of
layoff shall, upon reappointment,
be credited with all unused
sick leave accrued at the time
of layoff.
b.
Conversion of unused sick leave at the time of layoff
28
eliminates all earned sick leave accrued by employees.
2.
Reinstated Employees. Employees
granted reinstatement do not
receive credit for any sick leave
earned prior to their resigna-
tion.
3.
Accrual - Employees in the Detention Officer Unit.
a.
Eligible full-time employees shall be credited with 48
hours of sick leave upon
completion of 1040 hours of ser-
vice.
b.
Eligible part-time employees shall be credited with
sick leave on a prorated basis
proportionate to the author-
ized hours of their position,
upon completion of the re-
quired hours of service under
subsection A.2 of this arti-
cle.
c.
Thereafter, each eligible part-time and full-time
employee shall accumulate .0462
hours of sick leave for each
subsequent completed hour of
service (approximately 96 hours
per year of full-time service).
C.
Permissible Uses. Sick leave
with pay can only be used in case of a
bona fide illness of the employee upon
the approval of the department
head.
An employee may be granted leave not to
exceed three (3) working days
in order to care for a sick or injured
member of the employee' s imme-
diate family requiring care. The initial
day of such leave shall be
charged to vacation. The second (2nd and third (3rd) days of such
leave shall be charged to sick leave if
necessary, with the approval
of the Department Head. "Immediate family" for this
purpose means the
employee's spouse; children; parents;
grandparents; and sisters and
brothers. "Immediately family"
for this purpose also means the employ-
ee's domestic partner and the children of
that domestic partner. Imme-
diately family members pertaining to the
employee's domestic partner
are recognized by the County after
submission of an Affidavit of Do-
mestic Partnership.
The 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.
D. Limitations on Use.
1. Sick leave is not allowed
when the disability results from will-
ful self- inflicted illness, injury
or misconduct, or in the
event of disability sustained on
leave of absence.
29
2. Accrued sick leave
may be prorated to add to Worker's Compensa-
tion temporary disability benefits
in order to provide a compen-
sation level equal to the employee's
normal pay.
3.
An employee must use all sick leave accrued prior to going on a
leave of absence without pay for
illness, injury, or incapacity
to work.
E. Maximum Accrual.
The maximum accrual prior to August 29,
1992, was 1440 hours. For the
period August 29, 1992 through March 21,
1997, the maximum sick leave
accrual was 600 hours; accruals in excess
of 600 hours were grandpar-
ented as of August 29, 1992.
Effective March 22, 1997, sick leave pay
be accrued up to a maximum
balance of 1440 hours.
F. Conversion of Unused Sick Leave Upon
Separation.
1.
Full-time Employees with 2080 - 10,400 Hours of Service. Any
employee in a full-time position who
separates from County em-
ployment upon a resignation in good
standing, or by a lay-off,
retirement, or death, and who has
completed 2080 -10,400 hours of
service prior to such separation
shall thereupon be paid:
a.
For employees in budgeted positions, 10% of the monetary
value of any unused sick leave then to the credit of
such
employee, less 160 hours equals
the number of conversion
hours (i.e., accrued sick leave
- 160, multiplied by .10).
The maximum number of conversion
hours shall not exceed 300.
2.
Full-time Employees with 10,401 - 20,800 Hours of Service. Any
employee in a full-time position who
separates from County em-
ployment upon a resignation in good
standing, or by a lay-off,
retirement, or death, and who has
completed 10,401 -20,800 hours
of service prior to such separation
shall thereupon be paid:
a.
For employees in budgeted positions, 25% of the monetary
value of any unused sick leave
then to the credit of such
employee, less 160 hours equals
the number of conversion
hours (i.e., accrued sick leave
- 160, multiplied by .25).
The maximum number of
conversion hours shall not exceed 300
.
3.
Full-time Employees with 20,801 and Over Hours of Service. Any
employee in a full-time position who
separates from County em-
ployment upon a resignation in good
standing, or by a lay-off,
retirement, or death,and who has
completed 20,801 or more hours
of service prior to such separation
shall thereupon be paid:
30
a.
For employees in budgeted positions, 50% of the monetary
value of any unused sick leave
then to the credit of such
employee, less 160 hours equals
the number of conversion
hours (i.e., accrued sick leave
- 160, multiplied by .50).
The maximum number of
conversion hours shall not exceed 300
.
4.
Part-time Employees. Each
employee in a part-time position shall
be eligible for conversion of sick
leave as set forth above in
sub-paragraphs 1, 2, and 3 of this
subsection, provided, however,
that the hours of service required
of part-time employees shall
be computed on a prorated basis
proportionate to the number of
authorized hours for the employee's
position.
5. Computation. The monetary value of the unused sick leave
shall
be computed by multiplying the
employee's regular hourly rate of
compensation at the time of
separation from employment by the
number of conversion hours of unused
sick leave, not to exceed
300 hours.
6.
Elimination of Sick Leave.
Conversion of sick leave at the time
of separation eliminates all sick
leave earned by the employee.
20.4 COURT LEAVE
A. Regular and Limited-Term Employees. 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 witnesses as required by subpoena based on their
occupational expertise as
employees of the County, unless
such service is part of the
employee's work.
B. Accumulation of credits for other paid
leave shall continue in the
same manner as would have been the case
had the employees actually
been at work in their County positions
during the period of required
court attendance.
C. Any employee assigned to swing or graveyard
shift, for the hours of
required court leave, in accordance with
A, above, shall not be com-
pensated for the period of required court
duty but shall receive equal
time off as leave with pay during the
same or next work period and
such leave with pay shall not be
considered time worked for purposes
of overtime.
D. Employees required to serve in a court of
law in accordance with A,
above, on their day off shall not be
compensated for the period of
required court leave but shall receive
equal time off as leave with
31
pay during the same or next work period
and such leave with pay shall
not be considered time worked for
purposes of overtime.
E. No 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 position.
F. No employee shall be compensated court pay
and court leave simultane-
ously.
20.5 OTHER LEAVE
A. The County agrees to provide to regular
employees in this Unit paid
leave as provided for in California Labor
Code Sections 4850, 4851,
4852, 4853, and 4854, as such Sections
apply to employees in the
classes of Sheriff's Detention Officer,
Supervising Detention Officer,
and Detention Sergeant who are assigned
to guard and supervise prison-
ers in County detention facilities. Both
parties agree that such em-
ployees come within the scope of
"active law enforcement service" for
purposes of paid leave under Section 4850
only.
Both parties agree that all employees who
receive such paid leave
shall not accrue sick leave during such
leave.
B. Bereavement Leave
Employees in this representation unit
shall be granted bereavement
leave with pay by his/her Appointing
Authority in the case of the
death of a spouse, a relative in the
first degree, or the domestic
partner of the employee. Relatives of the
first degree include the
following: the parents of the County
employee, the grandparents of the
County employee, the sisters and brothers
of the County employee, and
the children of the County employee. Children are defined as the
natural child of the employee, the
adopted child of the employee, and
the step-child of the employee, and also include the children of
the
employee's domestic partner. A domestic
partner of an employee and the
children of that domestic partner are
recognized by the County after
submission of an Affidavit of Domestic
Partnership.
Such leave shall be limited to three (3)
days per occurrence for
deaths occurring within California or
five (5) days occurring outside
of California.
ARTICLE
21 LEAVE OF ABSENCE WITHOUT PAY
(Also
see Family Care and Medical Leave Notice at the end of this Agreement
or
Section 168.4 of the Personnel Regulations.)
32
A. General Provisions. The granting of any
leave of absence without pay
shall be based on the presumption that
the employee intends to return
to work upon the expiration of the leave
and with the understanding
that the primary purpose of the leave of
absence without pay is not to
seek or accept other employment. No leave
of absence shall be granted
by a department when an employee has
indicated that he/she intends to
terminate or is terminating from regular
County service, without the
prior approval of both the Personnel
Director and Risk Manager.
B. Departmental Leave of Absence Without Pay
through 160 Working Hours. A
departmental leave of absence without pay
shall not exceed 160 consec-
utive working hours for a full-time
employee (prorated for part-time-
--e.g., 80 hours for a half-time
employee).
1.
Eligibility.
a.
Permanent and Non-Civil Service Employees. An employee who
has permanent or non-Civil
Service status in their present
class may be granted leave of
absence without pay by the
appointing authority for the
purpose of improving the train-
ing of the employee for their
position or career in the
County Service, of extended
illness for which paid leave is
not available, or in the event
of urgent personal affairs
that requires the full
attention of the employee.
b.
Probationary and Provisional Employees on Original Appoint-
ment. Employees on an original
appointment with probationary
or provisional status may be
granted a departmental leave
without pay by the appointing
authority in the case of ill-
ness or where it is clearly in
the best interest of the
County and requires the full
attention of the employee.
C. County Leave of Absence Without Pay in
Excess of 160 Working Hours.
Regular employees may be granted a leave
of absence without pay in
excess of 160 hours (prorated for
part-time employees) as provided in
B, above, subject to the prior approval
of the Personnel Director.
The maximum period of leave of absence
without pay is one (1) year
pursuant to Civil Service Rule XI B.
D. Right of Return
1.
Permanent Employees. The
granting of a leave of absence to an
employee who has permanent status in
her/his present class guar-
antees the right of her/his return
to a position in the same
class in her/his department at its
expiration, or an earlier date
mutually agreed upon by the
department and the employee.
2.
Probationary and Provisional Employees on Original Appointment
and Non- Civil Service
Employees. The granting of a leave of
absence with out pay to an employee
on an original appointment
with probationary or provisional
status or in a position with
non-Civil Service status does not
guarantee the right of return.
33
3. Notwithstanding the
provisions of this Article (21), employees
returning from an approved Family
Care or Medical Leave of Ab-
sence shall have the right of return
to the same or equivalent
position as required by Federal or
State law. (See Family Care
and Medical Leave Notice at end of
this Agreement.)
E. Effect of Leave of Absence Without Pay on
Service Hours. Leaves of
absence without pay shall be deducted
from hours served for purposes
of step advancement, probationary period
and County service.
F. Continuation of Insurance Benefits During
Leave Without Pay. To assure
continuation of insurance benefits,
employees must notify the Risk
Management Division of the County Personnel
Department when granted a
leave of absence without pay in excess of
one pay period. (See Article
14.6.)
G. Limitation on Use
1.
Employees must use all earned sick leave prior to the effective
date of any leave of absence without
pay in case of illness.
2.
Employees must use all accumulated compensatory time off prior to
the effective date of any leave of
absence without pay.
3.
Departments may establish conditions pertaining to the period of
leave of absence without pay and
requirements for return from
such leave which must be mutually
agreed upon before the leave is
approved.
4.
Specific beginning and ending dates must be identified for any
leave without pay.
5.
Paid leave shall not be received or earned for any period of
leave of absence without pay.
H. Failure to Return. Any employee who fails to return upon the
expira-
tion of any leave of absence without pay
shall be regarded as having
automatically resigned.
ARTICLE
22 ABSENCE WITHOUT LEAVE
An
employee absent from duty for a period which exceeds three working days
without
authorized leave shall be considered to have abandoned his position
and to
have automatically resigned.
Such
resignation shall be rescinded by the appointing authority if the
employee
can show to the satisfaction of the appointing authority that it
was
impossible to contact the department of employment, provided the em-
ployee
contacts the department at the first opportunity.
34
The
employee may appeal the appointing authority's determination to the
Civil
Service Commission within the time provided for in Section 3.24.030.
The
appeal is solely limited to the questions of whether it was impossible
for the
employee to contact the department of employment, and the employee
did
contact the department at the first opportunity.
35
ARTICLE
23 PREMIUM PAY
23.1 PREMIUM PAY - GENERAL
Premium
pay differentials shall be applied as follows:
1.
Each type of premium pay (e.g., night shift differential)
shall be applied separately against
the base hourly rate of the
employee receiving the premium(s).
2.
Effective June 14, 1986, premium pay differentials shall be
applied to overtime hours.
3.
Effective June 14, 1986, each of the premium pay differentials
shall be paid at one and one-half
times the specified rate for
overtime hours.
4.
No premium pay differentials shall be paid for the periods
an employee is receiving on-call
pay.
5.
Effective August 12, 1995, the Detention Training Differential
shall be applied only to hours
worked .
6.
Effective April 19, 1997, Night Shift Differential shall be ap-
plied only to hours worked.
23.2 NIGHT SHIFT DIFFERENTIAL.
A. Prior to April 19, 1997 :
Employees
who work eight consecutive hours or more which includes at least
four
hours of work between the hours of 6:00 p.m. and 8:00 a.m. as a regu-
lar
work assignment shall be paid a differential of $0.80 per hour above
their
base salary rate as and for a night shift differential.
B. On and after April 19, 1997:
Employees
shall be paid a differential of 5% per hour above their base
salary
rate as and for a night shift differential for actual hours worked
between
the hours of 7:00 p.m. and 7:00 a.m.
Such differentials shall not
be
applied on hours of paid leave (e.g., vacation, sick leave, holiday
leave,
other leave with pay).
23.3 BILINGUAL PAY
A. The County shall provide payment of fifty
cents ($0.50) per hour
above the hourly salary rate where the
position is designated as re-
quiring bilingual language skills at
Level I and the employee is cer-
tified as qualified at Level I by the
County Personnel Director.
The County shall provide payment of seventy-five
cents ($0.75) per
hour above the hourly salary rate where
the position is designated as
requiring bilingual language skills at
Level II and the employee is
certified as qualified at Level II by the
County Personnel Director.
36
"Level I" is the ability to
converse in the second language(s) and to
read English and translate orally into
the second language(s). "Level
II" is the ability to converse in
the second language(s); to read
English and translate orally into the
second language(s); read the
second language(s) and translate orally
into English; and to write in
the second language(s).
B. Bilingual pay shall be initiated at the
beginning of the pay period
after the criteria outlined herein are
met.
C. All unit employees meeting the criteria set
forth in Section A, above,
shall receive bilingual compensation. The
County may require retesting
of employees for the purpose of certifying
that employees possess the
necessary skill level.
D. Bilingual pay shall be removed when the
criteria as outlined herein
cease to be met.
E. The County and Association agree that
bilingual pay is provided to
those individuals who have passed the
proficiency tests set forth
above and who are utilized by the County
for the more difficult inter-
preter work, translator work, testifying
in court, etc. It is mutual-
ly understood that, relative to
incidental bilingual contacts, all
unit employees shall communicate with
non-English speaking persons to
the best of their ability without
additional compensation.
ARTICLE
23.4 TRAINING PAY.
A. A trainee will be excluded from minimum
staffing for a period of four
(4) weeks total during his/her training
period. The exclusion from
this minimum staffing will take place as
follows:
1.
During the first three weeks of training assignment in Booking.
2.
During the first one week of training in the Housing training
block.
B. Detention Training Pay.
1.
Employee in the class of Sheriff's Detention Officer assigned by
the Sheriff to duty as a detention
training officer shall be paid
$0.75 an hour for hours worked for as a Detention Training Dif-
ferential. Such differential shall not be paid for any hours of
paid or unpaid time off or
leave. A maximum of twelve (12) Sher-
iff's Detention Officers are
eligible to receive this differen-
tial without the authorization of
the County Administrative Offi-
cer. The assignment of training responsibilities (including:
training, supervision and evaluation
of new employees; cross-
training of existing employees;
preparation and updating of pro-
cedure manuals) to Sheriff's
Detention Officers shall be at the
discretion of the County.
37
23.5 SUPERVISING DETENTION OFFICER DIFFERENTIAL
A
regular employee in the class of Supervising Detention Officer shall
receive
a differential of $0.70 per hour over his/her base hourly rate when
assigned
for 80 or more consecutive hours as the acting jail watch command-
er in
the absence of a Sheriff's Sergeant.
ARTICLE
24 OTHER COMPENSATION PROVISIONS
24.1 UNIFORM ALLOWANCE
A. The County agrees to provide replacements
for worn out or damaged
uniforms for Sheriff's Department
employees in the Detention Officer
Representation Unit that have passed
their probationary period, pro-
vided that uniforms are not damaged
through gross negligence. Items
covered by this program are:
Shirts Shoes
Pants Hat
Jackets Sweaters
Ties
Uniforms replaced under this provision
shall be replaced on an equiva-
lent Class basis, i.e., Class A pants may
be exchanged for Class A
pants.
Effective June 23, 1990, additional items
covered by this provision
(Article 24.1 A) are: utility belts,
keyholders, and jumpsuits re-
quired of D.A.R.T. team members.
These items are not to be used other than
while working for the County
or while traveling to and from work.
For any boots/shoes replaced on and after
August 29, 1992, the amount
of reimbursement shall not exceed $91.32.
B. Uniform Cleaning Allowance.
Employees in the classes listed below
have received adjustments to
their base hourly salary rate as
compensation for the cleaning of
required uniforms. As of January 4, 1992,
these adjustments represent
a total of twenty-four cents ($.24)
included in the base hourly rate
as compensation for the cleaning of
required uniforms).
24.2 MEALS IN DETENTION FACILITIES
Employees
in this unit who are required to remain at their posts in a de-
38
tention
facility for the entire shift shall be provided with one meal per
shift. The value of such meal, if any, shall not be
considered in the
computation
of overtime pay.
Employees
required to work shifts of more than 12 hours are entitled to
receive
a second meal if they are not allowed to leave the facility for the
convenience
of the County.
24.3 WORK IN HIGHER CLASS
A
regular employee in this representation unit may receive "work in a high-
er
class" pay when temporarily assigned by the appointing authority to
perform
the full range of duties of an employee in a budgeted position in a
higher
class in this representation unit: (1)
when the employee in the
higher
class is absent on paid or unpaid leave (i.e., sick leave, vacation,
court
leave, compensatory time off, leave of absence without pay, suspen-
sion);
(2) when the employee in the higher class is assigned and receiving
pay
pursuant to Article 23.5 of this agreement; (3) when the employee in
the
higher class is reassigned other duties under exceptional circumstanc-
es.
All of
the following conditions must be met for the employee to receive pay
for
work in the higher class:
a.
the Personnel Director must approve any "work in a higher
class"
appointment;
b.
the employee must be appointed from an appropriate employment
list, if one exists, pursuant to the
certification and appoint-
ment provisions of Section VI of the
Civil Service Rules, or must
meet the employment standards for
the higher class under condi-
tions specified by the Personnel
Director.
c.
No time served in a "work in a higher class" appointment shall
contribute towards acquiring
probationary or permanent status in
the higher class;
d.
Any "work in a higher class" appointment shall only be for ab-
sences of at least 80 continuous
hours; and
e.
No such temporary assignment shall continue for longer than 90
days except that one additional
temporary appointment for a maxi-
mum of 90 days may be authorized by
the Personnel Director pro-
vided that valid reasons exist to
justify the extension.
These
"work in a higher class" provisions shall not supplant existing Civil
Service
Rules and County Code provisions with respect to appointments to
vacant
positions or substitute appointments.
39
24.4 TUITION REIMBURSEMENT
A. Eligibility for Courses.
1.
Courses must be directly relevant to management of detention
facilities. Such courses must be
appropriate to the know-ledges
and skills applicable to a second
level supervisory job, although
certain courses may also be relevant
for Sheriff's Detention
Officers seeking advancement to
Supervising Detention Officer.
2.
Courses will be limited to those providing knowledges and skills
that cannot be acquired through
available in-service or required
training programs.
3.
Courses must cover subject matter not sufficiently encompassed in
the employee's previous education
and experience.
4.
Courses must be attended on the employee's time.
5.
Courses must be taken for college credit, if credit is
available.
6.
Each course must be approved in advance.
B. Eligibility of Employees.
Regular employees in the Detention
Officer Representation Unit are
eligible for this tuition reimbursement
program.
C. Reimbursement Provisions.
1.
The maximum reimbursement that may be received by an
employee in one fiscal year shall be
$500.00.
2.
One-half of the tuition reimbursement shall be made to the
employee upon completion of the
course with a minimum final grade
of "C" or its equivalent
for an undergraduate course, or "B" or
its equivalent for a graduate
course, of a "Pass" if the course
is offered only on a Pass/Fail or No
Credit basis. The employee
may request reimbursement for the
second half after one year of
employment has elapsed from the
first payment. The employment is
responsible for initiating
appropriate claims to receive reim-
bursement.
Tuition reimbursement for courses
costing $50 or less will be
paid in full upon completion of the
course provided all other
reimbursement provisions have been
met.
3.
Only costs for tuition and required textbooks are
reimbursable. Costs incurred for supplies, parking,
mileage,
meals, and any other incidental
costs are not reimbursable.
40
4.
Employees who are eligible for educational or training
support by non-County, governmental
or private resources (GI
benefits, etc.) must use these
resources first.
5.
Claim Procedures.
a.
First Payment. The employee must
submit the following
after completion of an approved
course:
1. A claim form (AUD-7, or Blue Claim) signed by
the employee and by the
Sheriff's Chief Deputy for the
Detention Bureau.
2. A copy of the original course request form.
3. A dated grade certificate.
4. Proof of payment of tuition and of receipts for
required textbooks.
b.
Second Half Payment. One year after completion of the
approved course, the employee
must submit a claim form
(AUD-7) to receive the second
half of reimbursement up to
the $500.00 annual maximum,
together with a copy of the
original course request form
and a copy of the claim form
for the first payment.
41
ARTICLE 25
UNION SECURITY
25.1 RELATIONSHIP AFFIRMATION
Operating
Engineers Local 3, hereinafter referred to as "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, con-
sistent
with its obligations to the employees it represents. County and
Union
affirm the principal that harmonious labor management relations are
to be
promoted and furthered.
25.2 NOTICE OF RECOGNIZED UNION
The
County shall give a written notice to persons being processed for regu-
lar
employment in a class represented by the Union. The notice shall con-
tain
the name and address of the Union and the fact that the Union is the
exclusive
bargaining representative for the employee's unit and class. The
County
shall give the employee a copy of the current Memorandum of Under-
standing.
25.3 AGENCY SHOP
A. Except as provided in Section 25.4, 25.5
and 25.6 of this Article
(Article 25), each person appointed to a
class in the
Detention Officer Representation Unit on
or after June 14, 1986 shall,
and as a condition precedent to
employment, be required to execute an
authorization for the monthly payroll
deduction of Union dues, or of a
service fee not to exceed Union dues, and
shall continue said author-
ization during the period of employment.
Said authorization shall be
made on a form provided by the Union and
approved by the County. The
Union shall receive copies of executed
authorization forms from the
County Personnel Department. Payroll deductions shall commence on the
third pay period of employment.
B. Except as provided in Sections 25.4, 25.5
and 25.6 of this Article
(Article 25), each person employed in the
Detention Officer Represen-
tation Unit on or before June 14, 1986,
shall be liable for payroll
deduction of Union dues, or of a service
fee not to exceed Union dues
during the term of this Memorandum of
Understanding. Commencing three
pay periods following the effective date
of this section and continu-
ing for the duration of this Memorandum
of Understanding, the County
shall make a monthly payroll deduction of
Union dues or a service fee
not to exceed Union dues or a charitable
contribution as provided in
Section 25.6 (c). This obligation supersedes the provisions of
Sec-
tion F of the County's employee relations
resolution.
25.4 MAINTENANCE OF MEMBERSHIP
Employees
in classes designated as supervisory in the Detention Officer
Representation
Unit who have executed an authorization for the payroll
42
deduction
of union dues or of a service fee prior to June 14, 1986, shall
continue
such deductions during the period covered by this memorandum. Such
employee
may withdraw from deductions during the month of October as de-
scribed
below.
Any
designated supervisory employee desiring to revoke his or her author-
ization
for union dues or service fee shall during the month of October
forward
a letter through the U.S. mail to the County
Personnel Depart-
ment,
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 during the month of October. The
Personnel
Department shall promptly forward a copy of said letter to the
Union.
Failure
to timely notify the Personnel Department shall be deemed an aban-
donment
of the right to revocation until the next appropriate time period.
25.5 MODIFIED AGENCY SHOP
Each person
appointed to a class designed as supervisory in the Detention
Officer
Representation Unit on or after June 14, 1986, shall, unless other-
wise
provided in this Article (Article 25), at the time of appointment and
as a
condition of appointment, 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 peri-
od of
employment, except that such employee may initiate a request to with-
draw
said authorization within the first thirty calendar days from the date
of
appointment or thereafter during the month of October as described be-
low.
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 author-
ization
may be revoked 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 author-
ization
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 au-
thorization
form to the Union.
Any
designated supervisory employees desiring to revoke his or her author-
ization
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 October
forward a letter through the U.S. mail to the County Personnel
Department,
701 Ocean Street, Santa Cruz, CA. 95060, setting forth his or
43
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 appointment to the designated supervisory class or during
the
month of October as specified in 25.4. 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.
25.6 EXCLUSIONS
A. Employees in positions currently designated
as confidential employees
are excluded from the provisions of this
Article (Article 25). The
positions currently designated as
confidential are listed on Attach-
ment A. Employees designated as
confidential may be changed by the
County in accordance with provisions of
the Memorandum of Understand-
ing and of the County's Employee
Relations Resolution.
B. Designated supervisory employees are
excluded from the provisions of
Section 25.3 of this Article. Attachment
A includes the classes cur-
rently designated as supervisory. New
positions and classifications
shall be designated 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 25.3 of
this Article.
Such employee shall authorize a monthly
payroll deduction in an amount
equal to service fees to a non-religious,
non-labor, charitable organ-
ization exempt from taxation under
Section 501 (c) (3) of the Internal
Revenue Code. Said payroll deduction
shall be made to an organization
for which payroll deductions have been
arranged through the County
Auditor-Controller.
Each person requesting exemption from the
provisions of Sections 25.3
(A) and 25.3 (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 25.3 (A)
must be filed with the Coun-
ty Personnel Department as a condition
precedent to employment.
A claim for a religious exemption under
Section 25.3 (B) of this arti-
cle must be filed by July 14, 1986, 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 July 14,
1986, will not be considered.
Should an employee request termination of
dues deduction or service
fee equivalent because the employee
asserts he/she has become a member
of a bona fide religion, body, or sect
which has historically held
44
conscientious objection to joining or
financially supporting employee
organizations, the employee must file a
claim of religious exemption
at the County Personnel Department on a
form provided by the Union,
approved by the County, and available
from the County Personnel De-
partment. Such claims filed with the
County shall be promptly forward-
ed to the Union for processing.
The Union shall review all claims for
religious exemption and notify
the employee and the County of approval
or denial of the claim within
40 calendar days of receipt by the Union.
Deduction of charitable
contributions shall begin following
resolution of the employee claim
for religious exemption. If the exemption is approved, any service
fee collected from the employee since
date of filing shall be returned
to the Auditor-Controller for
distribution in accordance with the
second paragraph of Section 25.6 (c) of
this Article.
25.7 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 treasurer or corresponding principal officer, or by a certi-
fied
public accountant.
25.8
VOTE TO RESCIND AGENCY SHOP PROVISION
Section
25.3 of this article may be rescinded by a majority vote of all
employees
in the unit covered by Section 25.3 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
25.3. An employee signature will be
counted only if the employee
is in paid status at the time the
petition is submitted and the
signature is dated within the ninety
(90) day period prior to the
submission of the petition;
2.
the vote is by secret ballot of employees in paid status on the
last day of the pay period preceding
the election; and
3.
such vote may be taken at any time during the term of this Memo-
randum of Understanding, but in no
event shall there be more than
one vote taken during such term.
The
election shall be conducted by the State Conciliation Service and the
cost of
the election shall be fully paid by the proponents. The proponents
shall
post a $500 bond with the County Employee Relations Officer at the
time of
filing the petitions requesting a vote to rescind Section 25.3 of
this
Article.
45
25.9 ENFORCEMENT/SEPARABILITY
In the
event that any provision of Article 25.3 is declared by a court of
competent
jurisdiction to be illegal or unenforceable, all employees in the
representation
unit, who are members of the union, shall remain members
during
the period covered by this Memorandum of Understanding, and shall
remain
subject to all provisions of this Memorandum of Understanding which
have
not been declared to be illegal or unenforceable, provided however,
that
such members may only withdraw their membership during the month of
October
of any year. Such employee desiring to revoke his/her authorization
for
union dues, shall forward a letter by U.S. mail to the County Personnel
Department,
701 Ocean St., Santa Cruz, California, 95060, setting forth his
or her
desire to revoke said authorization and may include reason thereof.
To be
considered, a letter shall be received by the County Personnel De-
partment
no later than the last working day in October. The Personnel De-
partment
shall promptly forward a copy of said letter to the union.
New employees hired under the provisions of
25.9 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 deduc-
tions
of union dues or a service fee union dues as a condition of employ-
ment,
and that such authorization may be revoked within the first thirty
calendar
days of employment upon proper written notice of 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 County Personnel Department copies of the
authorization
form.
Any
employee desiring to revoke his or her authorization for union dues or
service
fee in lieu of union dues shall during the first 30 calendar days
of
employment or during the month of October forward a letter through the
U.S.
mail to the County Personnel Department, 701 Ocean Street, Santa Cruz,
CA.
95060, setting forth his or her desire to revoke said authorization and
may
include reasons thereof. To be considered the letter must be received
no
later than 30 calendar days of employment or during the month of Octo-
ber.
The Personnel Department shall promptly forward a copy of said letter
to the
Union.
Failure
to timely notify the Personnel Department shall be deemed an aban-
donment
of the right to revocation until the next appropriate time period.
25.10 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
officers, and employees acting on behalf of the County, against any
46
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 25), Sections 1 through 9.
25.11 PAYROLL DEDUCTIONS AND PAYOVER
The
County shall deduct union dues or service fees and premiums for ap-
proved
Union insurance programs from the pay of employees in the Detention
Officer
Representation Unit in conformity with County regulations.
The
County shall promptly pay over to the designated payee all sums so
deducted.
_______________________________________________________________________
Attachment A-Article
25
Positions Currently Designated as
Confidential in the Detention Offi-
cer
Representation Unit: None
Currently Designated Supervisory Classes
in the Detention Officer
Representation Unit: Supervising
Detention Officer; Detention Sergeant
__________________________________________________________________________
47
ARTICLE 26
GRIEVANCE PROCEDURE
The
County and Union and Association recognize that early settlement of
grievances
is essential to sound employee management relations. The parties
seek to
establish a mutually satisfactory method for the settlement of
grievances
of employees, or the Unionand Association. In presenting a
grievance,
the aggrieved and/or his/her representative is assured freedom
from
restraint, interference, coercion, discrimination, or reprisal. Pursu-
ant to
this Memorandum of Understanding and the County's Procedures Manual,
Section
160, Salary, Compensation and Leave Provisions, which directly
applies
to employees in the Detention Officer Representation Unit, the
procedures
and provisions herein are established in order to maintain a
reasonable
and uniform process for dealing with disputes.
DEFINITION
A. A grievance may only be filed if it relates
to:
1.
A management interpretation of application of provisions of this
Memorandum of Understanding which
adversely affects an employee's
wages, hours or conditions of
employment; or
2.
A management interpretation of application of the County Proce-
dures Manual, Section 160, Salary,
Compensation and Leave Provi-
sions, which directly applies to
employees in the Detention Offi-
cer Representation Unit and which
adversely affects the employ-
ee's wages, hours, or conditions of
employment.
B. Specifically excluded from the grievance
procedure are:
1.
Subjects involving amendment or change of a Board of Supervisors
resolution, ordinance, or minute
order;
2.
Dismissals, suspension, or reduction in rank or classification;
3.
Probationary dismissals upon original appointment;
4.
Content of performance evaluations;
5.
Leaves of Absence, Article 21; and
6.
Violation, misinterpretation, or misapplication of Civil Service
Rules or provisions of the County
Code.
7.
Affirmative action or harassment complaints.
8.
Complaints regarding Worker's Compensation or the applicable
procedures for such complaints.
48
9.
Complaints regarding occupational health and safety or the appli-
cable procedures for such
complaints. (Failure by the County to
follow the process specified in
Article 6 is greivable.)
PRESENTATION
Employees
shall have the right to present their own grievance or do so
through
a representative of their own choice. Grievances may also be pre-
sented
by a group of employees or by the Union. No grievance settlement may
be made
in violation of an existing rule, ordinance, memorandum of under-
standing,
minute order or resolution of the Board of Supervisors or State
law.
Union grievances shall comply with all foregoing provisions and proce-
dures.
GENERAL
PROVISIONS
A. The provisions of this Article shall not
abridge any rights to which
an employee may be entitled under the
County's limited civil service
system, or merit employment system, nor
shall it be administered in a
manner which would abrogate any power
which, under the limited civil
service system, or merit employment
system, is the sole province and
discretion of the Civil Service
Commission.
B. Failure of the employee to file a grievance
or an appeal within the
required time limits at any step shall constitute an abandonment of
the grievance. Failure of the County to
respond within the time limit
of any step shall result in an automatic
advancement of the grievance
to the next step.
C. In no event shall any grievance include a
claim for money relief for
more than a sixty (60) day period prior
to filing of the grievance.
D. Time limits specified in the processing of
grievances may be waived by
mutual agreement in writing.
E. Grievances may, by mutual agreement, be
referred back for further
consideration or discussion to a prior
step or advance to a higher
step of the grievance procedure.
F. No hearing officer shall entertain, or make
finding of fact or recom-
mend on any dispute unless such dispute
involves a position in this
representation unit and unless such
dispute falls within the defini-
tion of a grievance as set forth in the
Article.
PROCEDURE
A. INFORMAL GRIEVANCE
Any employee who believes that he or she
has a grievance may discuss
his/ her complaint with the immediate
supervisor in an attempt to
resolve the matter before it becomes the
basis for a formal grievance.
49
B. FORMAL GRIEVANCE
1.
STEP 1
Within twenty (20) calendar days of
occurrence of discovery of an
alleged grievance, the grievance may be
presented to the department
head or designated representative. The
grievance shall be submitted on
a County of Santa Cruz Grievance Form and
shall contain the following
information:
a.
The name of the grievant(s);
b.
The specific nature of the grievance;
c.
The date, time and place of occurrence;
d.
Specific provision(s) of the Memorandum of Understanding or
Section 160 of the County
Procedures Manual alleged to have
been violated;
e.
Any steps that were taken to secure informal resolution;
f.
The corrective action desired; and
g.
The name of any person or representative chosen by the em-
ployee to enter the grievance.
The employee shall be allowed reasonable
time to meet with a designat-
ed steward. A reasonable amount of time
will be granted the employee
and steward to handle the initial
investigation and processing of the
grievance. The steward may discuss the
problem with employees immedi-
ately concerned and attempt to achieve
settlement of the matter.
The department head or designated
representative shall provide a writ-
ten decision within twenty (20) days of
receipt of the grievance.
2.
STEP 2
If the grievant(s) is not satisfied with
the first step decision, they
may, within fourteen (14) calendar days
after receipt of the decision,
present a written appeal of the decision
to the Personnel Director or
designated representative. The Personnel Director or designated rep-
resentative shall provide a written
decision within fourteen (14)
calendar days of receipt of the appeal.
3.
STEP 3
The decision(s) of the Personnel Director
may be appealed within seven
(7) calendar days to a hearing
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.
50
The County and the Association shall
mutually agree upon or jointly
select a panel of seven hearing officers
from names provided by the
State Conciliation Service. The County
and the Association may mutual-
ly agree to use a hearing officer not on
the list or to add to, or
modify the list. Members of the panel shall
be advised of and agree to
the following:
a.
Within ten (10) calendar days of receipt of the appeal at
step 3, one hearing officer
shall be selected by rotation
from the panel. A hearing shall
be scheduled within thirty
(30) calendar days of receipt
of the appeal.
b.
Proceedings shall be recorded but not transcribed except at
the request of either party to
the hearing. The party re
questing the transcripts shall
bear the expense. Upon mutual
agreement, the County and the
grievant may submit briefs to
the hearing officer in lieu of
a hearing.
c.
Except when briefs are submitted as specified in the preced-
ing, it shall be the duty of
the hearing officer to hear and
consider evidence submitted by
the parties and to thereafter
make written findings of fact
and recommend a disposition of
the grievance to the County Administrative Officer within
fifteen (15) calendar days of
the conclusion of the hearing.
The hearing officer shall have
no power to recommend amend-
ment to the Memorandum of Understanding,
a resolution or
minute order of the Board of
Supervisors, ordinance, State
law, or written rule.
d.
The hearing officer's findings of fact and recommended dis-
position shall be forwarded to
the County Administrative
Officer and to the grievant.
Within ten (10) calendar days
of receipt, the County
Administrative Officer shall make a
decision on the grievance.
e.
If any decision by the County Administrative Officer re-
quires action of the Board of
Supervisors before it can be
placed in effect, the County
Administrative Officer shall
recommend to the Board of
Supervisors that it implement the
decision.
ARTICLE
27 GRIEVANCE REPRESENTATIVES
The
Union agrees to notify the County of their Grievance Representatives.
One
Grievance Representative shall be allowed at each separate physical
work
location. If more than twenty-five employees are assigned to one phys-
ical
work location one Grievance Representative shall be allowed for each
twenty-five
employees or fraction thereof. The Union may request additional
51
Grievance
Representatives where circumstances warrant such action. Depart-
ment
heads are authorized to grant such requests where circumstances war-
rant. A Grievance Representative shall be
authorized a reasonable amount
of time
off to evaluate alleged grievances and advise employee regarding
the
processing of an alleged grievance prior to submitting the grievance
for
processing. Grievance Representatives shall arrange with their immedi-
ate
supervisor prior to using County time to assist in grievance process-
ing.
ARTICLE
28 LAYOFF PROVISIONS
28.1 LAYOFF DEFINED
The
involuntary separation of an employee because of lack of work, lack of
funds,
reorganization, in the interest of economy or other reasons deter-
mined
by the Board of Supervisors to be in the best interest of County
government.
28.2 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.
28.3 DECISION PROCESS
The
Board of Supervisors shall determine the department in which the reduc-
tion is
to be made and the number and classes of positions to be eliminat-
ed.
28.4 SCOPE OF APPLICATION
Layoff
provisions shall apply only to the department in which a workforce
reduction
is to occur and to the classes designated for layoff, or affected
by
displacement, within that department.
The
County Personnel Department shall provide affected employees with two
(2)
weeks written notice of layoff and/or displacement.
Layoff
provisions shall not apply to a temporary layoff declared under the
authority
of the Board of Supervisors of less than four (4) cumulative
weeks
per fiscal year.
28.5 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;
52
B. Provisional employees in the affected
class(es) shall be laid off
next;
C. Probationary employees working in the
affected class(es) shall be laid
off next;
D. Permanent employees working in the affected
class(es) who have re-
ceived a substandard evaluation on their
last two scheduled perfor-
mance evaluations shall be laid off next
in reverse order of seniori-
ty, i.e., the employee with the least
seniority as defined in 28.7,
below, being the first to be laid off;
and
E. Permanent employees with a standard
evaluation or better on at least
one of their last two scheduled
performance evaluations working in the
affected class(es) shall be laid off last
in reverse order of seniori-
ty as defined below in "28.7".
28.6 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 28.07. 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.
28.7 SENIORITY FOR PURPOSES OF LAYOFF AND
DISPLACEMENT
Seniority
rights for purposes of layoff and displacement and involuntary
reduction
authorized hours shall be available only to County employees in
the
Classified Service that have attained permanent status.
Seniority
credits for purposes of layoff, displacement and involuntary
reduction
in authorized hours shall be determined by crediting one seniori-
ty
point for each full 80 hours of authorized service in a class while in
continuous
County service.
A. Authorized hours of service are the number
of hours formally estab-
lished for a position by the Board of
Supervisors or County Adminis-
trative Officer action. Hours worked in
excess of the number of hours
authorized, whether overtime or otherwise,
shall not be included in
determination of seniority credit.
53
B.
Continuous County service is service uninterrupted by termination and
Provided that those hours of a leave of
absence without pay which
exceed 152 consecutive hours shall be
deducted from the authorized
hours of service total for purposes of
determining seniority credit.
For
purposes of seniority only, an employee who is laid off and reappointed
to a
regular position within two years of layoff shall not be considered to
have
terminated. However, no seniority
credit shall accrue for such an
employee
during the period of layoff.
For
purposes of layoff, displacement, and involuntary reduction in author-
ized
hours, seniority credit shall accrue for classes in which permanent
status
has been obtained. Seniority may be accumulated when moving from one
department
to another (e.g., through promotion, transfer, or demotion),
however,
it shall only apply to the department in which a workforce reduc-
tion is
to occur and only for classes designated for layoff or affected by
displacement
or involuntary reduction in authorized hours within the de-
partment.
Seniority
credit for prior service in higher or equal levels in which per-
manent
status was obtained shall be applied to a current class in which
permanent
status has been obtained.
Permanent
service in two classes at the same level shall be combined and
accrue
to the most recent class for seniority credit.
Seniority
in the current class shall be added to seniority in the next
lower
class in which permanent status has been obtained for purposes of
displacement.
Determination
of the relationship between existing classes with respect to
higher,
equal or lower status shall be based upon the current relationship
of the
fifth step salary for the classes.
If an
employee has achieved permanent status in a class which has been
abolished,
seniority credit will be applied to an equal or the nearest
lower
level class, if any, in which the employee has achieved permanent
status
based on the salary relationship in existence at the time the class
was
abolished.
Probationary
and provisional service in a class will not be credited for
seniority
in the class unless permanent status is achieved in the class
without
a break in service. If permanent status
is not achieved, proba-
tionary
and provisional service and "work in a higher class" shall be
counted
for seniority credit in the next lower class in which the employee
has
achieved permanent status in continuous service.
Employees
who have been promoted from a lower class to a higher class
through
a reclassification action since July 1, 1977, shall have one-half
of
their seniority credits in the lower class applied to the higher class
upon
completion of probation in the higher class.
28.8 OPPORTUNITY FOR EMPLOYEE REVIEW
54
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.
28.9 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 depart-
ment from which employees were laid off,
those on the employment list
will be certified to positions in the
class in from which they were
separated on a one-to-one basis in order
of seniority. A Departmental
Overfill List is the only list that shall
have precedence over a De-
partmental 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 23.6. If
there is no departmental reemployment
list, the order of certification
shall be: (1) County-wide Overfill List.,
(2) County-wide Reemployment
List., and (3) other employment lists as
specified in Civil Service
Rule VI B 2.
B.
Countywide Reemployment Lists.
If an opening occurs in a class in
departments other than the one in which
the layoff took place, the
Personnel Director shall certify the
County-wide Overfill Lists for
that class to the other department(s). If there is no County-wide
Overfill List for the class, the next
list to be certified shall be
the County-wide Reemployment List. Names
on such a County-wide Reem-
ployment List shall be certified together
as a bloc in no particular
order.
55
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 23.6. If there is
no County-wide Overfill List, the order
of certification shall be: (1)
County-wide Reemployment List; and (2)
other employment lists as spec-
ified in Civil Service Rule VI B 2.
C. Retention of Reemployment List Status. A laid off employee shall
remain on the Reemployment Lists for the
class until either of the
following occurs:
1.
He/she refuses one offer of an interview or one offer of reem-
ployment 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 displacement.
A laid off employee's name may also
be removed from reemployment
lists on evidence that the person
cannot be located by postal
authorities.
The name of a person on a reemployment
list who fails to reply within
ten (10) working days to a written
certification notice shall be re-
moved from the reemployment lists for the class. Such persons name
may be restored to the list upon written
request by the person.
28.10 PREFERENTIAL CONSIDERATION
The
Personnel Department will, within the latitude of the Civil Service
Rules,
attempt to assist probationary and permanent employees subject to
layoff
as a result of the application of these provisions. To avail them-
selves
of this assistance, such employee shall submit complete, up-to-date
employment
applications upon request of the Personnel Department. Assis-
tance
to be provided to such employees by the Personnel Department will
entail:
A. Referral of laid off probationary employees
on a "re-entry" list for
consideration of appointments to the
class from which laid off, along
with persons on other eligible lists.
B. Referral of reemployment lists as alternate
lists to vacancies in
other classes for which there are no
employment lists, in accordance
with Civil Service Rules.
C. Referral of "re-entry" lists as
alternative lists to vacancies in
other classes for which there are no
employment lists in accordance
with Civil Service Rules.
D. Job search training for groups of affected
employees, within staffing
and on- going workload limitations.
56
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.
28.11 EMPLOYEES APPOINTED TO LIMITED-TERM
POSITIONS
Notwithstanding
any other provisions of this Article (Article 28), 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.
28.12 OTHER MEANS OF ATTAINING PERMANENT STATUS
FOR PURPOSES OF
SENIORITY
For
purposes of layoff only, an employee with hours of service equivalent
to at
least six months continuous probationary service in a class may be
considered
to have attained permanent status in that class provided all the
criteria
specified below are met.
A. The employee has completed hours of service
equivalent to at least six
months continuous probationary service in
a higher class in the same
class series.
B. The appointment to the higher class in the
class series, as described
in A, above, immediately followed the
probationary service in the
lower class.
C. Each performance evaluation pursuant to
Civil Service Rule X (A) re-
ceived in both classes had an overall
rating of satisfactory or bet-
ter.
D. The employee submits a written request to
his/her appointing authority
which specified the class in which he/she
wishes to have permanent
status for purposes of layoff applied,
and the appointing authority
concurs with C, above.
E. The Personnel Director verifies that
sufficient hours of service were
attained in probationary status, service
in the two classes was con-
tinuous and uninterrupted, and that the
two classes are in the same
class series.
ARTICLE
29 EMPLOYEE PROCEDURAL PROTECTIONS
While
employees in the Detention Officer Representation Unit are Custodial
Officers
under Penal Code Section 831.5 (or 831), the County agrees to
provide
certain procedural protections to employees in this unit for pur-
poses
of consistency in the conduction of internal affairs investigations
by the
Sheriff's Office. The procedural
protections provided herein shall
not
mean or imply that employees in this Representation Unit have any
57
rights
under the Peace Officers Procedural Bill of Rights (Government Code
Chapter
9.7). The specific procedural
protections that the County agrees
to
provide are stated immediately below.
A. When an employee is under investigation and
subject to interrogation
by his/ her superior, or any other
representative of the Sheriff's
Office, which could lead to dismissal,
demotion, suspension, or place-
ment at a lower step in the salary range
of the employee, such inter-
rogations will be conducted under the following conditions:
1.
The interrogation will be conducted at a reasonable hour, prefer-
ably at a time when the employee is
on duty or during the normal
waking hours for the employee,
unless the seriousness of the
investigation requires
otherwise. If such interrogation does
occur during off-duty time of the
employee being interrogated,
the employee will be compensated for
such off-duty time in accor-
dance with regular department
procedures, and the employee will
not be released from employment for
any work missed during inter-
rogation.
2.
The employee under investigation will be informed prior to such
interrogation of the rank, name, and command of the officer
in
charge of the interrogation, the
interrogating officers, and all
other persons to be present during
the interrogation. All ques-
tions directed to the employee under
interrogation will be asked
by and through no more than two
interrogators at one time.
3.
The employee under investigation will be informed of the nature
of the investigation prior to any
interrogation.
4.
The interrogating session will be for a reasonable period
taking into consideration gravity
and complexity of the issue
being investigated. The person under
investigation will be al-
lowed to attend to his/ her own personal
physical necessities.
5.
The employee under interrogation will not be subjected to
offensive language or threatened
with dismissal, demotion, sus-
pension, or placement at a lower
step in his/her salary range,
except that an employee refusing to respond to questions or sub-
mit to interrogations will be
informed that failure to answer
questions directly related to the
investigation or interrogation
may result in dismissal, demotion,
suspension, or placement of
the employee at a lower step in
his/her salary range. No promise
of reward will be made as an
inducement to answering any ques-
tion. The Sheriff's Office will not
cause the employee under
interrogation to be subjected to
visits by the press or news
media without his/her express
consent nor shall his/her home
address or photograph be given to
the press or news media without
his/her express consent.
6.
The complete interrogation of an employee may be recorded. If
58
a tape recording is made of the
interrogation, the employee will
have access to the tape if any
further proceedings are contem-
plated or prior to any further
interrogation at a subsequent
time. The employee will be entitled to a transcribed copy of any
notes made by a stenographer or any
reports or complaints made by
investigators or other persons,
except those which are deemed by
the Sheriff's Office to be
confidential.
No notes or reports which are deemed
to be confidential may be
entered in the employee's personnel
file. The employee being
interrogated will have the right to
bring his own recording de-
vice and record any and all aspects
of the interrogation.
7.
If prior to or during the interrogation of the employee it is
deemed by the interrogator(s) that
he/she may be charged with a
criminal offense, he/she will be
immediately informed of his/her
constitutional rights. The provisions of this part (7) do not
alter the employee's obligation to
answer questions for adminis-
trative purposes as provided in Part
5, above.
8.
Upon the filing of a formal written statement of charges, or
wherever an interrogation focuses on
matters which are likely to
result in dismissal, demotion,
suspension, or placement of the
employee at a lower step in his/her
salary range, the employee
will have the right to be
represented by a representative of
his/her choice who may be present at
all times during such inter-
rogation. The representative will
not be a person subject to the
same investigation.
The representative will not be
required to disclose, nor be sub-
ject to dismissal, demotion,
suspension, or placement at a lower
salary step for refusing to
disclose, any information received
from the employee under
investigation for non-criminal matters.
This section (8) will not apply to
any interrogation of an em-
ployee in the normal course of duty,
counseling, instruction, or
informal verbal admonishment by, or
other routine or unplanned
contact with, a supervisor or any
other superior, nor will this
section apply to an investigation
concerned solely and directly
with alleged criminal activities.
B. No employees in this Unit shall have his
locker or other space for
storage of personal items that may be
assigned to him/her searched
except in his/ her presence, or with
his/her consent, or unless a
valid search warrant has been obtained,
or where he/she has been noti-
fied that a search will be conducted.
This section (B) shall apply
only to locker or other space for storage
of the employee's personal
items that are owned or leased by the
County.
C. No employee in this Unit shall be required
or requested for purposes
of job assignment or other personnel
action to disclose any item of
his/her property, income, assets, sources
of income, debts, or person-
al or domestic expenditures (including
those of any member of his
59
family or household) unless such
information: is obtained or required
under state law or proper legal procedure,
tends to indicate a con-
flict of interest with respect to the
performance of his official
duties, or is necessary for the County to
ascertain the desirability
of assigning the employee to a
specialized unit in which there is a
strong possibility that bribes or other
improper inducements may be
offered.
Any
employee who believes his/her procedural protections under this Article
(29)
have been violated may file a written complaint with the Personnel
Director,
who will investigate the matter and take whatever action he/she
deems
appropriate. Review by the Personnel Director shall be the sole reme-
dy for
a violation of this Article (29) and his/her decision shall be fi-
nal.
ARTICLE
30 - OTHER PROVISIONS
1. Should Federal legislation be implemented
during the course of this
agreement which affects the Operating
Engineer's Health and Welfare
Plan, the parties agree to reopen this
agreement to consider the im-
pact on this unit's Health and Welfare
Plan.
2. It is understood and agreed that the
Sheriff's Office Accident Review
Board will include a representative from
the Detention Officer Repre-
sentation Unit when an employee from the
Unit appears before the Board
for review of a driving incident.
It is further understood and agreed that
the above Accident Review
Board's changes will be reflected in the
appropriate revisions of
Sheriff's Office Policy.
3. New employees appointed to a position in
this Unit on or after July
26, 1986, will have their paychecks
automatically deposited in a par-
ticipating financial institution. New employees have two pay periods
from the date of appointment to complete
a payroll authorization form
for a participating financial institution.
Payroll authorization forms are available
from the employee's depart-
mental payroll clerk.
4. The Sheriff's Office shall post notice of
opening for "administrative"
positions. Employees may indicate their interest in such openings by
notifying the appropriate Lieutenant in
writing.
5. The County will make available to members
of this representation unit
a voluntary program of pre-tax dollar
contributions, as provided in
Internal Revenue Code Section 125, for
employee contributions to
health (medical) insurance available to
employees through the County.
6. Labor Management Committee. The County and Association agree to form
a Labor Management Committee to consist
of three (3) members appointed
60
by each.
The Committee will commence meeting with 45 days of the
ratification of this agreement and will
meet at least quarterly.
Included in the issues to be reviewed by
the Committee will be manda-
tory call-in and appropriate training to
be provided to extra-help
employees. Mutually acceptable modifications to current policies may
be implemented.
ARTICLE
31 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
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.
ARTICLE
32 SEVERABILITY
In the
event that any provision of this Memorandum of Understanding
be
declared by a court of competent jurisdiction to be illegal or unen-
forceable,
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 re-
main in
full force and effect.
61