ARTICLE 1 MEMORANDUM OF UNDERSTANDING

This is a Memorandum of Understanding between the Management Negotiating Team for

the County of Santa Cruz and the Santa Cruz County Deputy District Attorneys

Association. The parties agree that this Memorandum of Understanding is a result

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

lations. This Memorandum of Understanding contains the complete results of nego-

tiations between the County of Santa Cruz and the Santa Cruz County Deputy Dis-

trict Attorneys Association for County employees in the District Attorneys Unit

for the period beginning April 13, 1991 and ending with the last day of the pay

period which contains April 12, 1996. The parties agree that the results of

these negotiations are equitable and fair compensation for all employees in the

Representation Unit. The parties agree to support and uphold the obligations

conferred upon them by this agreement.

This Memorandum of Understanding shall be in effect until the last day of the pay

period which contains April 12, 1996, and shall renew automatically from year to

year thereafter unless either party notifies the other party in writing prior to

March 1, 1996, or any March 1 thereafter, of its desire to modify or terminate

this Memorandum of Understanding.

It is understood and agreed that this Memorandum of Understanding represents a

complete and final understanding on all negotiable issues between the County and

its departments and the Santa Cruz County Deputy District Attorneys Association.

This Agreement supersedes all previous memoranda of understanding or agreements

between the parties except as specifically referred to in this Agreement. All

ordinances, resolutions, minute orders or rules covering any practice, subject or

matter not specifically referred to in this Agreement shall not be superseded,

modified or repealed by implication or otherwise by the provisions of this Agree-

ment. The parties, for the term of this Agreement, voluntarily and unqualifiedly

agree to waive the obligation to negotiate with respect to any practice, subject

or matter not included in this Agreement even though such practice, subject or

matter may not have been within the knowledge of the parties at the time this

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

matter arises during the term of this Agreement which is subject to meet and

confer and an action is proposed by the County, the Santa Cruz County District

Attorneys Association shall be afforded notice pursuant to the County's Employee

Relations Policy and shall have the right to meet and confer upon request. In

the absence of agreement on such a proposed action, the County reserves the right

to take necessary action by Management direction.

It is understood and agreed that implementation of this Memorandum of Understand-

ing will require certain deletions and amendments to Section 160 (Salary, Compen-

sations and Leave Provisions) of the Personnel Regulations by Board action.

Unless otherwise indicated herein, all provisions shall become effective July 6,

1991.

ARTICLE 2 RECOGNITION

The County of Santa Cruz recognizes the Santa Cruz County Deputy District Attor-

neys Association as the exclusive representative for all employees in budgeted

("permanent") positions in the District Attorneys Representation Unit (Appendix

A). Such representation and this Memorandum shall not apply to extra-help.

The County agrees to give each current and new employee in the District Attorneys

Representation Unit a copy of the current Memorandum of Understanding.

Notwithstanding the provisions of Section 181.14 A of the Personnel Regulations,

the Association may have payroll dues deductions for its members during the term

of the Memorandum of Understanding.

ARTICLE 3 PEACEFUL PERFORMANCE OF COUNTY SERVICE

The 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 the Memorandum of Understanding.

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

ject to discharge or such lesser discipline as the County shall determine; pro-

vided, however, that the employee shall have recourse to the Civil Service Com-

mission as to the sole question of whether he/she in fact participated in such

prohibited activity.

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

age, condone, or ratify any strike, work stoppage, concerted interference with

operations, picketing, or refusal by employees to enter upon the County's premis-

es or work site, the County may immediately suspend or revoke the voluntary pay-

roll deductions provided; however, the Association will have recourse to the

Civil Service Commission as to the sole question of whether the Association, or

its staff or Board of Directors engaged in such prohibited activity.

The inclusion of this Article in this Memorandum of Understanding shall in no way

be deemed to preclude or estop the County or the Association from seeking any

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

this Memorandum of Understanding or at any other time.

ARTICLE 4 FAIR 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, age,

physical handicap, national origin, creed, sexual preference, sex or any other

non-merit factor except where sex or physical capability is a bona fide occupa-

tional qualification. The parties also agree to support Affirmative Action ef-

forts which are intended to achieve equal employment opportunity as provided for

in Federal and State requirements.

ARTICLE 5 SAFETY

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

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

by the safety standards established by the State Division of Industrial Safety

and pursuant to the Occupational Safety and Health Act.

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

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

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

supervisor.

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

shall be referred to a Departmental Safety Representative who will meet

with the employee and immediate supervisor regarding the matter. Each

department head will designate a Department Safety Representative.

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

tive it will be referred to the County Safety Officer for resolution.

The County Safety Officer shall make a reasonable effort to investigate

and act.

ARTICLE 6 PRODUCTIVITY

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

productivity in order to provide a high level of service to the community at

reasonable cost. Except as otherwise provided in this agreement, the parties

agree to support changes initiated by the County which are intended to increase

the efficiency or effectiveness of County operations.

ARTICLE 7 EFFECTIVE DATE OF TRANSACTIONS

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

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

exception is approved by the Personnel Director and Auditor-Controller. Examples

of such transactions include: transfers, promotions, demotions. Step increases

which would be effective the first week of the pay period shall have an 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 provisions of this article:

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

leave absence without pay; displacement; work in a higher class appointment;

return from work in a higher class appointment.

ARTICLE 8 PAY

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

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

Salary Resolution. Each employee shall be paid within the range for

the class unless otherwise provided in this Article (8).

B. Salaries.

1. The salary ranges and hourly rates for classes in this representa-

tion unit shall be as shown in the attached Appendix A for the

period April 13, 1991 through December, 20, 1991.

2. Beginning December 21, 1991, and continuing thereafter for the

remaining term of this Memorandum of Understanding, the salary

range and hourly rates for classes in this representation unit

shall be the same as for the equivalent County Counsel Classes.

(See Appendix B for equivalent classes).

Effective December 21, 1991, all employees in this representation

unit shall be placed in the same relative step in the new salary

range, with the exception that employees in the class of Attorney

I-DA shall be place at step 2 in the equivalent range. Such ad-

justments shall not alter the eligibility of employees for consid-

eration for step advancement -- i.e., employees shall retain their

step hours in the equivalent step and range.

ARTICLE 9 SALARY, COMPENSATION AND LEAVE PROVISIONS

9.1 GENERAL

Articles 8 and 20.2 of the previous Memorandum of Understanding for this

representation unit shall continue in force until June 30, 1991, and then

shall no longer apply.

Articles 9, 11, 14, 17, 18, 19, 20.1, 22, 24, 25, 26, 27, 28, 29, 30, and 31

of the previous Memorandum of Understanding for this representation unit

shall continue in force until July 5, 1991, and then shall no longer apply.

The same salary, compensation and leave provisions of Section 160 of the

Personnel Regulations applicable to employees in budgeted positions in the

equivalent County Counsel classes shall apply to employees in budgeted posi-

tions in this representation unit beginning July 6, 1991, and shall continue

thereafter for the remainder of the term of this Memorandum of Understand-

ing. For information purposes such provisions include: Requirements for

Step Advancement; Step Placement and Advancement upon Appointment to a High-

er Class; Step Placement and Advancement upon Appointment to a Lower Class;

Scheduled Hours; Overtime; On-call Duty; Night Shift Differential; Business

Expense Allowance; Automobile Mileage Reimbursement; Health and Vision Al-

lowance; Reimbursement for Licenses or Certificates; Holidays; Vacation;

Sick Leave; Administrative Leave; Other Leaves with Pay (Donation of Blood,

County Interviews;/Examinations, Salaried Employee Leave, Bereavement Leave,

Required Court Leave); Leave of Absence without Pay; Absence without Leave.

Any reimbursement under Part 165 I (Reimbursement for Licenses or Certifi-

cates ) of the Personnel Regulations must be for payments made by the em-

ployee on or after July 1, 1991.

Any reimbursement under Part 165 H (Health and Vision Care Allowance) of the

Personnel Regulations must be for services rendered on or after July 1, 1991

and paid for by the employee on or after July 1, 1991.

Article 21 (Automobile Mileage Reimbursement) of the previous Memorandum of

Understanding shall continue in force until June 30, 1991, and then shall no

longer apply.

Mileage for authorized travel on County business may be claimed under previ-

ous Article 21 for the period through June 30, 1991. Any mileage traveled on

County business on or after July 1, 1991, shall be subject to the provisions

of part 165 E applicable to "other executive management."

9.2 PREMIUM PAY

A. Applied to Base Hourly Rate.

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

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

ing the premium(s).

B. Not Applied to Overtime.

Premium pay differentials shall not apply to overtime worked.

ARTICLE 10 INSURANCE BENEFITS

10.1 INSURANCE.

Article 23 of the previous Memorandum of Understanding for this representa-

tion unit shall continue in force until June 30, 1991, and then shall no

longer apply.

Beginning July 6, 1991, and continuing thereafter for the remaining term of

this Memorandum of Understanding, the same provisions regarding employee

insurance (e.g., health, dental, long term disability, life) applicable to

employees in budgeted positions in equivalent County Counsel classes shall

apply to employees in budgeted position in this representation unit. These

provisions include contribution rates as well as coverage.

Any reimbursement to the employee for vision care under Part 165 H of the

Personnel Regulations shall be for services rendered and paid by the employ-

ee on or after July 1, 1991.

10.2 LIABILITY OF EMPLOYEE FOR INELIGIBLE DEPENDENTS

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

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

the County.

It is the responsibility of each employee to notify Risk Management upon any

enrolled dependent(s) becoming ineligible.

10.3 WHO AND WHEN COVERED

A. Employee

For an employee appointed to a budgeted position, coverage under each

insurance begins the first day of the first full pay period of employ-

ment. Coverage ceases the last day of the pay period in which the

employee separates for any reason from a budgeted position.

B. Dependents

1. Initial Enrollment. Dependents who are enrolled in the Health,

Dental, and Vision Plan at the time the employee is appointed to a

budgeted position are covered at the same time as the employee as

described in A, immediately above.

2. New Dependents. New dependents, such as a new spouse or new baby,

may be added to the Health, Dental, and Vision Plans as long as

application is made within 30 calendar days of marriage, birth, or

adoption. Coverage will begin the first day of the first full pay

period after a complete application is received for an eligible

dependent by Risk Management.

A spouse or eligible child may be enrolled at a later date for

reasons beyond the control the employee, provided the employee

files a complete application for medical insurability and the

application is approved. Coverage will begin the first day of the

first full pay period after the County is notified of the approval

of the application.

10.4 CONTINUATION OF INSURANCES DURING LEAVE OF ABSENCE WITHOUT PAY

A. 1. Employees granted leave of absence without pay of one full pay

period or longer must notify the Risk Management Division of the

County Personnel Department and make arrangements for payment of

insurances in advance.

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

gency beyond the control of the employee and where payment shall

be made at the earliest possible time after the leave of absence

commences.

2. When an employee is on a leave of absence without pay for any

reason, coverage under life insurance, long-term disability insur-

ance, vision insurance, and health and dental plans ceases for the

employee (and any dependents) at the beginning of the first full

pay period of leave of absence without pay, except as provided in

B, below.

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

leave of absence without pay of the employee, they will be treated

as initial enrollees for each insurance for purposes of qualifica-

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

upon return of the employee to active employment.

B. 1. Continuation of Employee Coverage Except When Receiving LTD Bene-

fits. An employee who is not receiving Long Term Disability (LTD)

benefits while on a leave of absence without pay must pay in ad-

vance for any health, dental, vision, life and LTD coverage dur-

ing the leave of absence for employee and any dependent coverage.

2. Continuation of Employee Coverage When Receiving LTD Benefits. The

County's contribution towards the employee's (but not the depen-

dent's) health and dental coverage, vision coverage, life insur-

ance and LTD coverage, shall continue during the period a current

employee receives benefits through the Long Term Disability Plan

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

quired to pay for his/her coverage in advance and be reimbursed

when confirmation is received that he/she is receiving Long-Term

Disability Benefits.

The County shall pay for employee coverage under the health, den-

tal, vision, life, and LTD plans while the employee is on a leave

of absence without pay during the elimination period for Long Term

Disability, provided that the employee contacts Risk Management to

apply for LTD and provided that, should the employee not receive

Long Term Disability Benefits, the employee must repay to the

County all contributions for insurances during the leave of ab-

sence without pay. The County shall have the right to recover its

contributions towards the employee's coverage through attachment

of wages, including payoffs upon separation, civil action, or

other actions.

3. Continuation of Dependent Coverage. To continue dependent cover-

age, the employee must pay in advance for any dependent health,

dental and vision coverage during this period. Failure of an em-

ployee to make advance payments for dependent coverage shall re-

sult in the dependent(s) being dropped from the plans.

ARTICLE 11 EMPLOYEE RIGHTS

11.1 ADVERSE ACTION

No adverse action shall be taken against any employee based upon material

and/or documentation of which the employee has not been informed. A copy of

any material and/or documentation used by the department as a basis for

substantiating the action shall be provided the employee. "Adverse action"

is defined as a dismissal, demotion, suspension, placement at a lower salary

step in the salary range of the employee, written reprimand, or transfer for

purposes of punishment.

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

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

suspension, and demotion.

11.2 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 des-

ignated representative shall be given a reasonable period of time during

normal working hours, and without loss of pay, to prepare a written response

to such material. The written response shall be placed in the employee's

personnel file.

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

any reasonable time without loss of pay to examine and/or obtain a copy of

any material from the employee's personnel file in accordance with adminis-

trative 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 con-

tents. Employees may designate a representative, who, upon authorization of

the employee, shall have access to that employee's personnel file for the

purpose of assisting or advocating the rights of such employee. Any person

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

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

file.

11.3 EVALUATION

Each employee's supervisor is responsible for evaluating the employee's

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

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

upon in writing, shall result in a satisfactory overall performance evalua-

tion rating for the employee as of the due date. No extension will be

granted beyond 90 days.

ARTICLE 12 GRIEVANCE PROCEDURE

The County and the Association recognize early settlement of grievances is essen-

tial to sound employee-employer relations. The parties seek to establish a mutu-

ally satisfactory method for the settlement of grievances of employees. In pre-

senting a grievance, the aggrieved is assured freedom from restraint, interfer-

ence, coercion, discrimination or reprisal.

SCOPE OF GRIEVANCE PROCEDURE

A grievance may only be filed if it relates to:

A. A department head or supervisor's application or interpretation of the

provisions of this Memorandum of Understanding which adversely affects

an employee's wages, hours or conditions of employment in which case it

may be grieved only to Steps 1 and 2 as outlined herein.

B. An application or interpretation of the provisions of the Memorandum of

Understanding by the County Administrative Officer, Auditor-Controller

or Personnel Director which adversely affects an employee's wages,

hours or conditions of employment in which case it may be grieved to

Steps 1 through 3 as outlined herein.

Specifically excluded from the grievance procedure are:

A. Subjects involving the amendment or change of a Board of Supervisor's

resolution, ordinance, minute order or this Memorandum of Understand-

ing.

B. Dismissals, suspension, reduction in rank or classification.

No grievance settlement may be made in violation of an existing rule, ordinance,

memorandum of understanding, minute order or resolution.

INFORMAL GRIEVANCE

Step 1. Within ten (10) calendar days of the occurrence or discovery of an al-

leged grievance, the grievant may informally discuss the grievance with the imme-

diate supervisor.

FORMAL GRIEVANCE

Step 2. If the grievance is not settled through informal discussion and involves

the appointing authority application or interpretation, the grievant may file a

formal grievance within twenty (20) calendar days of the occurrence or discovery

of an alleged grievance. The formal grievance shall be presented by the ag-

grieved in writing to the appointing authority. The grievance form shall contain

information which:

1. Identifies the aggrieved.

2. Contains the specific nature of the grievance.

3. Indicates the date, time and place of its occurrence.

Step 2a. If the grievance is not settled through informal discussion and in-

volves an application or interpretation by the County Administrative Officer,

Auditor-Controller or Personnel Director, the aggrieved may within twenty (20)

calendar days after informal discussion, refer the grievance to the Personnel

Director or his designee.

A grievance discussed at this level must be answered in writing by the Personnel

Director or his designee within two (2) calendar weeks after the date of receipt.

If the reply of the Personnel Director or his designee is not appealed to Step 3

within one (1) calendar week after receipt in writing by the employee, the griev-

ance shall not be considered settled on the basis of such reply and shall not be

eligible for further appeal.

Step 3. If the aggrieved is not satisfied with the step 2a decision he may,

within one (1) calendar week after receipt of the step 2a decision, request that

the Civil Service Commission consider the grievance and make a decision which

shall be final and binding on all parties.

GENERAL INFORMATION

A. Grievances may, by mutual agreement, be referred back for further con-

sideration or discussion to a prior step or advanced to a higher step

of the grievance procedure.

B. Time limits specified in the processing of grievances may be waived by

mutual agreement.

C. If an employee does not present his grievance or does not appeal the

decision rendered regarding his grievance within the time limits, the

grievance shall be considered resolved.

D. If the appointing authority or Personnel Director does not respond

within the time limits provided, the aggrieved may proceed to the next

step of the grievance procedure.

ARTICLE 13 RETIREMENT

13.1 PAYMENT OF EMPLOYEES RETIREMENT CONTRIBUTION

The County shall pay the employee's P.E.R.S. retirement contribution for

employees in this representation unit on the same basis as the equivalent

County Counsel Attorney Class, for the term of this agreement.

13.2 RETIRED EMPLOYEES

A. Retirees - Other

Employees in this representation unit who are enrolled in the County

health plan and who retire during the duration of this Memorandum of

Understanding will be allowed to participate in the County health plan

provided they meet all the following conditions:

1. they file an application for monthly retirement benefits through

PERS at the time of separation; and

2. make payments in advance for each six (6) subsequent pay periods

of coverage.

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; or

4. upon failure to pay in advance for the subsequent six (6) pay

periods of coverage.

Should retired employees or their dependents receive benefits while

they or their dependents are ineligible, the retired employee shall be

liable for payment for all services rendered to him/herself and to any

dependent, and contributions made on the retiree's behalf by the Coun-

ty.

Biweekly contribution rates for and by retired employees who are eligi-

ble for this provision shall be fixed by the Board of Supervisors.

ARTICLE 14 LAYOFF PROVISIONS

14.1 LAYOFF DEFINED

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

reorganization, in the interest of economy or other reasons determined by the

Board of Supervisors to be in the best interest of County government.

14.2 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.

14.3 DECISION PROCESS

The Board of Supervisors shall determine the department in which the reduction is

to be made and the number and classes of positions to be eliminated.

14.4 SCOPE OF APPLICATION

Layoff provisions shall apply only to the department in which a work force reduc-

tion is to occur and to the classes designated for layoff, or affected by dis-

placement, within that department.

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

ed employees with two (2) weeks written notice of layoff and/or displacement.

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

thority of the Board of Supervisors of less than four (4) cumulative weeks per

fiscal year.

14.5 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 accordance with

the following:

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

shall be laid off first;

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

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

off next;

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

a substandard evaluation on their last two scheduled performance evalu-

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

employee with the least seniority as defined in 14.7 below being the

first to be laid off; and

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

one of their last two scheduled performance evaluations working in the

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

as defined below in "14.7".

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

tain an employee who possesses essential skills, or the appointing authority may

make an exception to ensure that affirmative action gains are retained, provided,

however, that the Santa Cruz County Deputy District Attorneys Association and the

County agree to meet and confer at the earliest opportunity concerning such an

exception and to conclude the meet and confer process within ten (10) days unless

both parties agree to an extension.

14.6 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 dis-

place an employee of that department having less seniority as defined in 14.7.

Any employee thus displaced may in the same manner displace another employee.

Should an employee have the right to displace in more than one class, he/she

shall displace first in the highest class in which he/she has rights. Should

an employee have the right to displace to two or more equal, lower classes, he/

she shall displace first to the most recently occupied equal class.

14.7 SENIORITY FOR PURPOSES OF LAYOFF AND DISPLACEMENT

Seniority rights for purposes of layoff and displacement and involuntary reduc-

tion in authorized hours shall be available only to County employees in the Clas-

sified 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 seniority point for each

full 80 hours of authorized service in a class while in continuous County ser-

vice.

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

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

tive Officer action.

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

time or otherwise, shall not be included in determination of seniority

credit.

B. Continuous County service is service uninterrupted by termination and

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

ceed 152 consecutive hours shall be deducted from the authorized hours

of service total for purposes of determining seniority credit.

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

regular position within two years of layoff shall not be considered to have ter-

minated. However, no seniority credit shall accrue for such an employee during

the period of layoff.

For purposes of layoff, displacement, and involuntary reduction in authorized

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 work force reduction is to occur and only for

classes designated for layoff or affected by displacement or involuntary reduc-

tion in authorized hours within the department.

Seniority credit for prior service in higher or equal levels in which permanent

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 high-

er, 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 seniori-

ty in the class unless permanent status is achieved in the class without a break

in service. If permanent status is not achieved, probationary 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 continu-

ous 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 seniori-

ty credits in the lower class applied to the higher class upon completion of

probation in the higher class.

14.8 OPPORTUNITY FOR EMPLOYEE REVIEW

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

seniority credit under this article because classes have been revised, estab-

lished, abolished or retitled.

All employees shall be provided an opportunity, through their employing depart-

ment, 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, abolished or retitled classes may be appealed

to the Personnel Director. The findings of the Personnel Director shall be final

and not subject to further review.

14.9 RETENTION OF REEMPLOYMENT LIST STATUS

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

employees who displaced to a lower class on the basis of prior permanent status

in the lower class, or permanent employees who have had the authorized hours of

their positions involuntarily reduced, shall be certified to openings from reem-

ployment lists established for each class in which they have reemployment rights.

Such employees shall be placed on the Departmental Reemployment List in order of

seniority, and such employees shall also be placed on a County-wide Reemployment

List as a bloc in no particular order.

A. Departmental Reemployment Lists

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

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

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

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

have precedence over a Departmental Reemployment List. (Civil Service

Rules, Section IV.)

If there is no departmental reemployment list, the order of certifica-

tion shall be:

(1) County-wide Overfill List;

(2) County-wide Reemployment List., and

(3) other employment lists as specified in Civil Service Rule VI B 2.

B. County-wide Reemployment Lists

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

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

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

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

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

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

bloc in no particular order.

If there is no County-wide Overfill List, the order of certification

shall be:

(1) County-wide Reemployment List., and

(2) other employment lists as specified in Civil Service Rule VI B 2.

C. Retention of Reemployment List Status

A laid-off employee shall remain on the Reemployment Lists for the

class until either of the following occurs:

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

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

(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

five (5) 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.

14.10 PREFERENTIAL CONSIDERATION

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

attempt to assist probationary and permanent employees subject to layoff as a

result of the application of these provisions. To avail themselves of this as-

sistance, such employee shall submit complete, up-to-date employment applications

upon request of the Personnel Department. Assistance to be provided to such

employees by the Personnel Department will entail:

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

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

with persons on other eligible lists.

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

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

Civil Service Rules.

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

classes for which there are no employment lists in accordance with

Civil Service Rules.

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

and on-going workload limitations.

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

staffing and on-going workload limitations.

Employees whose names remain on a reemployment list may compete in promotional

examinations pursuant to Civil Service Rule VIII.

14.11 EMPLOYEES APPOINTED TO LIMITED-TERM POSITIONS

Notwithstanding any other provisions of this Article (Article 14), an employee

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

shall be laid off at the expiration of that limited-term position without regard

to other provisions of the Article.

14.12 OTHER MEANS OF ATTAINING PERMANENT STATUS FOR PURPOSES OF SENIORITY

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

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

have attained permanent status in that class provided all the criteria specified

below are met.

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

months continuous probationary service in a higher class in the same

class series.

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

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

class.

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

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

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

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

status for purposes of layoff applied, and the appointing authority

concurs with C, above.

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

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

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

series.

ARTICLE 15 SEVERABILITY OF PROVISIONS

In the event that any provisions of the Memorandum of Understanding is declared

by a court of competent jurisdiction to be illegal or unenforceable, that provi-

sion of the Memorandum of Understanding shall be null and void, but such nullifi-

cation shall not affect any other provisions of this Memorandum of Understanding,

all of which other provisions shall remain in full force and effect.

SIDE LETTER A

This side letter is provided to direct employees to Civil Service Rules and other

sources concerning complaints, appeals and disciplinary actions.

1. Grievances concerning the application or interpretation of the Memorandum of

Understanding are covered by Article 20 of the Memorandum of Understanding.

2. Appeals of disciplinary actions (i.e., suspension, demotion and dismissal) are

covered by Civil Service Rules Sections VI (E and G) and XIV, and County Code

Sections 4.05.610 (Dismissals, Suspensions & Demotions) and 4.05.630 (Length of

Suspensions). The Civil Service Rules comprise Section 130 of the Personnel

Regulations Manual, and County Code sections applicable to personnel actions are

found in Section 120 of the Personnel Regulations Manual.

3. Appeals of employee performance evaluations are covered by Section X of the

Civil Service Rules.

4. Discrimination and sexual harassment complaints are filed with the Affirmative

Action Officer in accordance with procedures contained in Section 210 of the

Personnel Regulations Manual.

5. To ensure that back pay is not an issue under case law, employees who are

dismissed, suspended or demoted should receive a notice of intended action* and a

notice of action which: gives the reason for the disciplinary action, specifies

the charges, identifies materials relied upon to support the charges and includes

copies of such material, and provides notice of the right to respond or (for

permanent employees) appeal the action.

6. In accordance with State law, neither the County or the Association shall

interfere with, intimidate, coerce, or discriminate against County employees

because of their exercising their right to form, join, or participate in the

activities of the Association, or exercising their right to refuse to join or

participate in the activities of the Association.

*A notice of intended action is not needed for short term suspensions (five days

or less).

This side letter is reproduced for informational purposes only and is not subject

to the grievance procedure.

SIDE LETTER B

This letter will confirm understandings that were reached during the recent meet

and confer process for a Memorandum of Understanding for the District Attorneys

Representation Unit for the period April 13, 1991 through April of 1996. It is

understood and agreed as follows:

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

Rules, certify a laid-off employee with the greatest seniority in a class to

the first extra-help assignment which occurs in that class.

2. Existing and newly appointed employees in this representation unit will have

their paychecks automatically deposited in a participating financial insti-

tution. New employees have two pay periods from the date of appointment to

complete a payroll authorization form for a participating financial institu-

tion. Existing employees had until March 3, 1989 to complete payroll author-

izations forms to designate financial institutions.

Payroll authorization forms are available from the employee's departmental pay-

roll clerk.

This side letter is reproduced for informational purposes and is not enforceable

through the Grievance Procedure.

APPENDIX A

SALARY FOR CLASSES COVERED BY THIS MOU 4/13/91 -- 12/20/91

CLASS STEP STEP STEP STEP STEP STEP STEP

CODE CLASS DESCRIPTION 1 2 3 4 5 6 7

JD2 ATTORNEY I - DA 15.26 15.26 15.26 15.26 15.26 15.26 15.26

JD4 ATTORNEY II - DA 18.30 18.94 19.54 20.47 21.49 22.46 23.41

JD6 ATTORNEY III - DA 20.52 21.31 22.46 23.37 24.35 25.35 26.43

JD8 ATTORNEY IV - DA 23.54 24.51 25.39 26.65 27.99 29.39 30.86

EFFECTIVE 12/21/91

APPENDIX B

DISTRICT ATTORNEY CLASSES AND EQUIVALENT COUNTY COUNSEL CLASSES

DISTRICT ATTORNEY CLASSES COUNTY COUNSEL CLASSES

CODE CLASS DESCRIPTION RANGE CODE CLASS DESCRIPTION

JD2 ATTORNEY I - DA DE JD1 ATTORNEY I - CO COUNSEL

JD4 ATTORNEY II - DA CT JD3 ATTORNEY II - CO COUNSEL

JD6 ATTORNEY III - DA DG JD5 ATTORNEY III - CO COUNSEL

JD8 ATTORNEY IV - DA DH JD7 ATTORNEY IV - CO COUNSEL