ARTICLE 1  MEMORANDUM OF UNDERSTANDING - INTRODUCTION

 

This is a Memorandum of Understanding between the Management negotiating

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

Negotiating Team for the District Attorney Inspector Representation Unit.

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 negotia-

tions between the County of Santa Cruz and the Operating Engineers, Local 3

for County Employees in the DA Inspector Representation Unit for the period

beginning November 29, 1997 andDecember 14, 2000.

 

Unless otherwise specified herein, all provisions shall become effective

November 29, 1997.

 

 

ARTICLE 2   RECOGNITION

 

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

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

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

the DA  Inspector Representation Unit.

 

 

ARTICLE 3   PEACEFUL PERFORMANCE OF COUNTY SERVICES

 

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

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

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

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

 

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

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

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

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

ticipated in such prohibited activity.

 

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

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

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

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

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

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

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

activity.

 

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

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

 

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

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

 

 

ARTICLE 4   COMPLIANCE WITH MEMORANDUM

 

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

and authorized Representatives of the Union or the County, or any individu-

al department head as the case may be, shall promptly take such affirmative

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 includ-

ing discharge. The County shall enforce the terms of this Memorandum on the

part of its supervisory personnel; the Union shall enforce the terms of

this Memorandum on the part of its members.

 

 

ARTICLE 5    EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION

 

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

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

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

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

or any other non-merit factor except where sex or physical capacity 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 pro-

vided 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 Union 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 immedi-

ate supervisor.

 

If such condition cannot be satisfactorily remedied by the immediate super-

visor, the employee may submit the matter in writing to the Departmental

Safety Officer.

 

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.

 

A failure by the County to follow the process specified above in this Arti-

cle (6) is grievable.  Substantive matters are not grievable.

 

 

 

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ARTICLE 7   UNION SECURITY

 

7.1  RELATIONSHIP AFFIRMATION

 

The Union recognizes its obligation to cooperate with the County to maxi-

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

Cruz County, consistent with its obligations to the employees it repre-

sents. County and Union affirm the principal that harmonious labor manage-

ment relations are to be promoted and furthered.

 

7.2  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.

 

7.3  AGENCY SHOP

 

A.   Except as provided in Section 7.4, 7.5 and 7.6 of this Article (Arti-

     cle 7), each person appointed to a class in the DA Inspector Represen-

     tation Unit on or after September 21, 1996 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 authorization during the

     period of employment. Said authorization shall be made on a form pro-

     vided by the Union and approved by the County. The Union shall receive

     copies of executed authorization forms from the County Personnel De-

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

     employment.

 

B.   Except as provided in Sections 7.4, 7.5 and 7.6 of this Article (Arti-

     cle 7), each person employed in the DA Inspector Representation Unit

     on or before September 21, 1996 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 continuing 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 7.6

     (c). This obligation supersedes the provisions of Section F of the

     County's employee relations resolution.

 

7.4  MAINTENANCE OF MEMBERSHIP

 

Employees in classes designated as supervisory in the DA Inspector Repre-

sentation Unit who have executed an authorization for the payroll deduction

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of union dues or of a service fee prior to September 20, 1997 shall contin-

ue such deductions during the period covered by this memorandum. Such em-

ployees 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 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 consid-

ered, the letter must be received during the month of October.  The Person-

nel 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.

Appropriately filed revocations shall be effective the beginning of the pay

period following the pay period in which a timely request is submitted.

 

7.5  MODIFIED AGENCY SHOP

 

Each person appointed to a class designed as supervisory in the DA Inspec-

tor Representation Unit on or after September 20, 1997 shall, unless other-

wise provided in this Article (Article 7), 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 must forward a letter through the U.S. mail to the County Per-

sonnel Department, 701 Ocean Street, Santa Cruz, CA. 95060, setting forth

his or her desire to revoke said authorization and may include reasons

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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 Section 7.4.  An ap-

propriately filed revocation shall be effective the beginning of the pay

period following the pay period the revocation notice was filed.

 

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.

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

 

7.6  EXCLUSIONS

 

A.   Employees in positions currently designated as confidential employees

     are excluded from the provisions of this Article (Article 7). Posi-

     tions, if any, currently designated as confidential are listed on

     Attachment A. Employees designated as confidential may be changed by

     the County in accordance with provisions of the Memorandum of Under-

     standing and of the County's Employee Relations Resolution.

 

B.   Designated supervisory employees are excluded from the provisions of

     Section 7.3 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 7.3 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 7.3

     (A) and 7.3 (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 7.3 (A) must be filed with the County

     Personnel Department as a condition precedent to employment.

 

     A claim for a religious exemption under Section 7.3 (B) of this arti-

     cle must be filed by September 21, 1996, at the County Personnel De-

 

 

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     partment on a form provided by the Union, approved by the County, and

     available from the County Personnel Department. Claims from current

     employees received after September 21, 1996 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

     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 7.6 (c) of this Arti-

     cle.

 

7.7  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.

 

7.8  VOTE TO RESCIND AGENCY SHOP PROVISION

 

Section 7.3 of this article may be rescinded by a majority vote of all

employees in the unit covered by Section 7.3 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

          7.3. 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

 

 

 

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     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 7.3 of

this Article.

 

7.9  ENFORCEMENT/SEPARABILITY

 

In the event that any provision of Section 7.3 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 7.9 shall be required to exe-

cute an authorization form. The authorization form shall include a state-

ment that the Union and the County have entered into a Memorandum of Under-

standing, that the employee is required to authorize payroll deductions of

Union dues or a service fee not to exceed Union dues as a condition of

employment, and that such authorization may be revoked within the first

thirty calendar days of employment upon proper written notice of the em-

ployee 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 not to exceed 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 authoriza-

tion 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 October. The Personnel Department shall promptly forward a copy of said

letter to the Union.

 

 

 

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Failure to timely notify the Personnel Department shall be deemed an aban-

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

 

 

7.10 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

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 7), Sections 1 through 8.

 

7.11   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 DA Inspec-

tors Representation Unit in conformity with County regulations. The County

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

 

 

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 commu-

nity 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   ROTATION AND REASSIGNMENT EXPECTED AND NORMAL

 

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

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

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

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

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

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

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

such rotation or reassignment.

 

 

ARTICLE 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 peri-

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

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

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

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

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

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

od.

 

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

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

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

higher class appointment.

 

 

ARTICLE 11   SCHEDULED HOURS

 

A.   General.

 

     The authorized hours of a budgeted position constitute the normally

     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 posi-

     tion). 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 facili-

     ties, and other short-term conditions.

 

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

     uing basis:  (1) by mutual agreement between the employee and depart-

     ment, with the approval of the County Administrative Office; or (2) by

     Board of Supervisors action in accordance with Article 25.  If an

     employee's scheduled work hours are reduced on a continuing basis, the

     authorized hours of the position should be reduced accordingly to

     avoid a negative impact on the employee.

 

     1.   Part-time Employees.  Authorized hours worked by an employee in a

          budgeted, part-time position in excess of the scheduled hours of

          work of the position shall be compensated in cash at the employ-

          ee's base hourly rate up to 80 hours in a two-week period.  Such

          hours shall not be a factor or credit for purposes of step ad-

          vancement, paid leave accrual or use, pay differentials, or se-

          niority accrual.  Such employees may, under authorization and

          eligibility requirements set forth for each leave type, use hours

          of paid leave up to the number of scheduled hours of work of the

          position in the pay period, except as provided in B, below, for

          employees on the 7 day/12 hour work schedule.

 

     2.   When the combination of hours worked and of paid leave of an

          employee exceed 40 in a pay period, the employee shall receive

          "straight time overtime" in cash at the employee's base hourly

          rate for such excess hours; provided, however, that hours worked

          in excess of 40 shall be compensated at time and one-half in

          accordance with Article 15.  Such employees may at the option of

          the department head, be granted compensatory time at the rate of

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          one hour of compensatory time for each hour of straight time

          overtime" in lieu of compensation in cash.  Such compensatory

          time shall be combined with and subject to the maximum accrual

          limit provided for in Article 15, subsection D 2.

ARTICLE 12   PAY

 

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

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

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

     unless otherwise provided.

 

B.   Salary Adjustments

 

     Effective December 27, 1997, the hourly rates for steps in the salary

     ranges for class classes in this representation unit shall increase by

     4.0%.

 

     Effective December 26, 1998, the hourly rates for steps in the salary

     ranges for class classes in this representation unit shall increase by

     4.0%.

 

     Effective March 11, 2000, an additional step shall be added to the top

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

     top step.  Any employee at the current top step who has completed 2080

     hours of service at this step shall be immediately eligible for ad-

     vancement to the new top step. Employees not yet qualified for ad-

     vancement to the new top step shall be eligible for advancement in

     accordance with regular step advancement rules.

 

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 comple-

     tion of each number of hours of service, specified herein below, up to

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

     forth in the salary resolution of the County.

 

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

     follows:

 

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

          the hiring rate for the class.

 

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

 

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

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

 

 

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          meets job standards, exceeds job standards or outstanding overall

          employee performance rating and upon recommendation of the ap-

          pointing authority.

 

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

 

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

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

          meets job standards, exceeds job standards or outstanding overall

          employee performance rating and upon recommendation of the ap-

          pointing authority.

 

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

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

          meets job standards, exceeds job standards, or outstanding over-

          all employee performance rating and upon the recommendation of

          the appointing authority.

 

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

          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

          employee within the number of authorized hours for the position

          occupied by the employee shall constitute hours of service.

          Hours worked in excess of the number of hours authorized for the

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

          hours of service.

 

          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

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

          ment.

 

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 cur-

          rent class.

 

 

 

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

          shall retain the same step.

 

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

          service accrued in the former class for purposes of step advance-

          ment 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 reclassification, and reappointment to a former class

          which has  a fifth step hourly rate which is the same.

 

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

 

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

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

          step hourly rate of the range for the current class.

 

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

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

          and shall include:  promotion including promotion through upward

          reclassification 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 appointment to the higher class.

 

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

     Downward Reclassification.

 

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

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

          hourly rate of the range for the current class.

 

     2.   Appointment to a Lower Class Other than Downward Reclassifica-

          tion.

 

          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 for-

               mer class, displacement to a lower class, return from provi-

               sional promotion, and return from work in a higher class.

 

 

 

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          b.   To class of previous service.  If the employee had previous-

               ly served in the lower class to which appointed, such em-

               ployee shall have all time served in the higher class count

               as continuous service in the lower class for purposes of

               step placement 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 class for purposes of determining

               step advancement in the lower class.

 

     3.   Downward Reclassification.

 

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

               position is reclassified downward, the probationary or per-

               manent 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 reclassifica-

               tion. The provision of overfill status is a protection de-

               vice 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 employee's salary shall be adjusted on an

               equivalent step basis (i.e., 2nd step to 2nd step) within

               the salary range for the new class and no further applica-

               tion of the overfill or Y-rate protection provisions shall

               apply.

 

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

               certified to vacant positions in the former class:

 

               1.   In the same department in order of seniority; and

               2.   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

                                  13

               2.   Refusal of three offers of employment in the former

                    class in other departments; or

               3.   At the termination of a five year overfill period,

                    whichever of the foregoing occurs first.

 

               Upon such demotion the employee shall be placed at the step

               of the lower salary range which has the rate which is clos-

               est to, but not less than, their salary in the overfill

               class.  In the event that the employees salary in the over-

               fill class is above the maximum salary rate for the lower

               class the employee shall be Y-rated.

 

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

               their current salary rate in the former         class for a

               period of two years or until any step within the salary

               range for the new class rises to meet or exceed the frozen

               salary rate, whichever occurs first.  The frozen salary rate

               shall be designated as a Y-rate.  All other benefits and

               rights of employee representation which are            asso-

               ciated 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 estab-

               lished 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 with-

     in 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 authori-

     ty.

 

 

ARTICLE 13   RETIREMENT

 

A.   The County shall continue to pay the employees' P.E.R.S retirement

     contribution of nine (9.0%) percent for employees in this representa-

     tion union for the term of this agreement.  The employer payment of

     the employee PERS contribution under this agreement is not considered

     earnings and is not subject to FICA or tax withholdings.  Employees do

     not have the option to choose to receive the employer payment of PERS

     contributions directly instead of it being paid by the employer.

 

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

    retirement plan for all safety members of this representation

    unit.

                                  14

 

C.   Effective July 23, 1988, the current P.E.R.S. 1959 survivors benefit

     shall be increased to the third level as provided in Government Code

     Section 21382.4.

 

 

ARTICLE 14   INSURANCES

 

14.1    HEALTH PLAN.

 

A.   Effective September 20, 1997, the maximum biweekly County  and employ-

     ee contribution for insurance coverage under the Union's Health and

     Welfare Plan shall be as follows:

 

         County    Employee

        $118.30     $11.42  for employee only

        $165.30     $41.01  for employee plus one dependent

        $195.63     $48.51  for employee plus two or more dependents

 

     Employees in this representation unit hereby authorized the County to

     make payroll deductions of the employee portion of the premiums for

     insurance coverage under the Union's Health & Welfare Plan.

 

B.   Adjustments.

 

     Effective July 25, 1998, the County shall pay the first fifteen

     ($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.

 

     Effective July 24, 1999, the County shall pay the first fifteen

     ($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.

 

     Effective July 29, 2000, the County shall pay the first fifteen

     ($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 Union shall provide the County written notice in advance of premi-

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

     benefits.

 

E.   No Cross Coverage.  An employee can be covered under the Operating

     Engineers Health and Welfare Plan only as an employee.  An employee

     cannot be covered as a dependent in the same health plan.

 

F.   Indemnify, Hold Harmless and Defend.

                                  15

 

     The Union indemnifies and holds the County, its officers, and employ-

     ees 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, the Operating Engineers Health and Welfare Trust

     Fund, the Health and Welfare Trust Fund administrator, or by the Coun-

     ty under the provisions of this Article (14.1), in administering the

     provisions of the Operating Engineers Health and Welfare Trust Fund,

     including but not limited to, eligibility, coverage, benefits, conver-

     sion 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.

 

Employees in this representation unit shall be responsible for payment of

premiums to the PORAC Long Term Disability Plan.

 

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 budg-

     eted 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

                                  16

          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 working 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 PORAC Long Term Disability

     (LTD) Plan, coverage under employee insurance (e.g., health, life,

     dental, long-term disability) cease for the employee and any depen-

     dents 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

          employee to make required payments in advance shall result in the

                                  17

          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, life insurance coverage and LTD cover-

          age shall continue during the period a current employee receives

          benefits through the PORAC 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 re-

          ceived that he/she is receiving LTD Benefits, provided that the

          employee contacts 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 insurances during the leave of absence without pay.  The

          County shall have the right to recover its contributions towards

          the employee's coverage through attachment of wages, including

          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 $163.92 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.)

 

 

 

                                  18

     Effective December of 1997, the County payment under this provision

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

 

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

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

 

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

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

 

 B.  This provision shall terminate should any of the following 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 Health & Welfare Trust and County of conditions which terminate

     eligibility.

 

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

     monthly, and shall remit any monies collected for ineligible persons.

 

E.   Retired employees and/or their dependents who elect health coverage

     under COBRA or its amendments shall not be eligible for coverage in

     the Operating Engineers sponsored health plan under the provisions of

     this Section (14.7).

 

 

ARTICLE 15   OVERTIME

 

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 40 hours in

          a one-week work period.

 

     3.   "One Week Work Period" means a seven consecutive day period,

          commencing Friday at midnight (12:01 a.m. on Saturday and ending

          the first Friday thereafter at midnight (12:00 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

                                  19

          the action to the County Administrative Officer on the first

          regular work day following the performance of the overtime

          worked.

 

     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 whether the holiday is worked

               or not, and hours worked on a holiday shall be counted as

               time worked for the purposes of computing overtime.

 

               A court appearance as defined by Article 16.3 shall not

               constitute work on a holiday.

 

          b.   Holidays which occur on a day other than on an employee's

               regularly scheduled work day shall not be counted as time

               worked for purposes of computing overtime.

 

D.   Compensation for Overtime - DA Inspector Unit Employees.

 

     Regular employees in this unit shall be on a "one week work period"

     for purposes of overtime, and shall receive payment in cash for all

     overtime worked in the amount of one and one-half (1-1/2) times the

     employee's hourly salary rate.  Such employees may also, at the option

     of the department head, be credited with compensatory time earned at

     the rate of one and one-half hours of compensatory time for each hour

     worked between 40 and 43 in a one-week work period in lieu of compen-

     sation in cash, except for the following:

 

          Any authorized overtime worked beyond twenty-seven (27) hours

          shall be compensated in cash at one and one-half time the employ-

                                  20

          ee's regular hourly rate. (Twenty-seven hours of overtime work

          will result in a compensatory time off balance of 40.5. hours.)

 

     3.   It is understood that the FLSA "regular rate" will apply for

          hours worked beyond 43 in a one-week work period.

 

 

ARTICLE 16   ON CALL DUTY, CALL BACK PAY, COURT APPEARANCE PAY

 

16.1    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

     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

     $2.25 per hour for a period when assigned to be on-call.

 

 

                                  21

16.2    CALL BACK PAY

 

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

     another specified work site by the Department Head or a designated

     representative following the termination of their normal work shift

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

     this Article (16).

 

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

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

     time worked.

 

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

     worked, 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.

 

 

16.3    COURT ALLOWANCE PAY

 

     Employees who are required to return to work to appear in court at a

     time other than their regular shifts shall receive the pay rate of one

     and one-half (1-1/2) times their base rate of pay with a minimum of

     four hours, except as follows:

 

     a.   No more than one four-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.   When a court appearance occurs less than four hours from the

          beginning of a shift, the employee shall receive court appearance

          pay at time and one-half his/her base rate until his/her shift

          begins.

 

     d.   This four-hour minimum shall not apply when court time worked by

          an employee occurs at the end of the employee's regular working

          hours.  However, all court appearance hours worked shall be paid

          at time and one-half the base rate.

 

     e.   No employee shall be compensated for court pay and court leave

          simultaneously.

 

     f.   All court time worked shall count as time worked for the purposes

          of calculating overtime.

                                  22

 

     g.   Employees will distinguish on their time cards between hours

          actually worked during the court appearance minimum (i.e., 26 R

          "Court pay") and time not worked during the minimum (i.e., 26 G

          "court pay not worked").

 

     h.   Travel time to and from the site of the court appearance shall

          not be considered time worked.

 

 

ARTICLE 17  PREMIUM PAY

 

17.1 PREMIUM PAY - GENERAL

 

Premium pay differentials shall be applied as follows:

 

A.   Each type of premium pay (e.g., night shift differential) shall be

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

     ceiving the premium(s).

 

B.   Premium pay differentials shall be applied to overtime hours.

 

C.   Each of the premium pay differentials shall be paid at one and one-

     half times the specified rate for overtime hours.

 

D.   No premium pay differentials shall be paid for the periods an employee

     is receiving on-call pay.

 

E.   Regardless of whether overtime is compensated in cash or compensatory

     time, any differentials/premium pay applicable in the work period when

     the overtime is worked shall be shown on the timecard for that period,

     and shall not be shown on the timecard when any resultant compensatory

     time is taken off.

 

17.2 CAREER INCENTIVE

 

A.   POST Certificates

 

     1.   Employees in this representation unit who possess a POST Interme-

          diate Certificate shall be paid a differential above their base

          hourly salary rate for career incentive of 2.2%.

 

     2.   Employees in this representation unit who possess a POST Advanced

          certificate shall be paid a differential above their base hourly

          salary rate for career incentive of 3.7%.

 

     3.   The maximum differential for possession of a POST certificate is

          shown in part 2, immediately above.  No employee will receive

          career incentive for both an Intermediate and an Advanced POST

          certificate.

 

 

 

                                  23

B.   These provisions shall apply only to employees in classes for which

     possession of a POST Basic certificate is required.

 

 

17.3 BILINGUAL PAY

 

A.   The County shall provide payment of an additional $0.50 per hour on

     the hourly rate for hours worked where the position is designated as

     requiring bilingual language skills at Level I and the employee is

     certified as qualified at Level I by the County Personnel Director.

 

     The County shall provide bilingual payment of an additional $0.70 per

     hour on the hourly rate for hours worked where the position is desig-

     nated as requiring bilingual skills at Level II and the employee is

     certified as qualified at Level II by the County Personnel Director.

 

     The County shall provide bilingual payment of an additional $0.85 per

     hour on the hourly rate for hours worked where the position is desig-

     nated as requiring bilingual skills at Level III and the employee is

     certified as qualified at Level III by the County Personnel Director.

 

     "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).  "Level III" encompasses the ability to per-

     form at Level II plus additional specialized legal translation and

     writing skills beyond Level II, including the preparation of interna-

     tional extradition orders and other extensive legal documents for

     prosecution and extradition purposes.

 

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

     the criteria outlined herein are met.

 

C.   The County shall periodically review positions covered by these provi-

     sions to determine the number, location, and level of bilingual skill

     required of positions to be designated as requiring bilingual skills.

     The County may require retesting of employees for the purpose of cer-

     tifying that employees possess the necessary skill level.

 

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

     cease to be met.

 

 

 

                                  24

ARTICLE 18  OTHER COMPENSATION PROVISIONS

 

18.1 AUTOMOBILE ALLOWANCE

 

A.   Allowance

 

     1.   A monthly allowance shall be provided to employees in the classes

          of DA Inspector II and I, who, on a regular basis, provide his/

          her own vehicle for use on County business in lieu of being as-

          signed a County car.  Such allowance shall include payment for

          all in-County mileage. Private vehicle mileage accumulated on

          County business for out-of-county travel shall be reimbursed at

          the rate of $0.31 per mile.

 

          The monthly allowance shall be $380 per month.

 

          The recipients of this allowance will retain their vehicle a

          minimum of two years from the date of radio equipment installa-

          tion in their vehicle. The employee shall pay for radio installa-

          tion costs if the vehicle is exchanged in less than two years.

 

     2.   The monthly automobile allowance provides compensation for all

          direct and indirect costs associated with ownership, insurance

          (including deductible), maintenance and operation of the employ-

          ee's automobile for all in-County mileage.  Payment of automobile

          mileage reimbursement for any out-of-county travel provides com-

          pensation for all direct and indirect costs associated with own-

          ership, insurance (including  deductible), maintenance and opera-

          tion of the employee's automobile for all mileage for any out-of

          county travel.

 

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

          on County business by the County Administrative Office. Each

          employee must provide proof of insurance coverage on the automo-

          bile(s) to be driven on County business in an amount not less

          than:

 

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

               property damage; or

 

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

               bodily injury and property damage.

 

     4.   Employees who receive the monthly automobile allowance shall

          maintain their vehicles in good mechanical order.  The District

          Attorney shall notify the General Services Director if a vehicle

          appears unsafe or inappropriate for use in law enforcement.  The

          General Services Director shall have the authority and right to

          reject a vehicle that s/he deems unacceptable, unsafe or inappro-

          priate for use.

 

 

 

                                  25

     B.   Assignment of a County Vehicle

 

     1.   Any additional County vehicles will be assigned according to

          Section 2.32 of the County Code and in accordance with the County

          Procedures Manual.

 

     2.   Once vehicles are made available they shall be immediately as-

          signed to employees in this unit.  In order to provide for the

          orderly transition from automobile allowances to assigned vehi-

          cles, as vehicles are made available, they shall be assigned to

          employees in this unit on a volunteer first, then reverse senior-

          ity basis.  The District Attorney or Personnel Director shall

          advise the General Services Director and Auditor-Controller of

          which vehicle is assigned to each employee.

 

          Employees in this unit who are assigned a County owned or leased

          vehicle shall not receive an automobile allowance.

 

     3.   County owned equipment which is installed in a private vehicle

          shall be transferred to County owned vehicles by the General

          Services Department.  For leased vehicles, the District Attorney

          shall arrange for authorization of the transfer of equipment with

          the leasing company.

 

     4.   It is the intent of the parties that vehicles assigned to employ-

          ees in this unit will be authorized for permanent overnight as-

          signment pursuant to the County Procedures Manual.

 

     5.   The parties shall comply with the County Procedures Manual in

          implementing the provisions of this memorandum of understanding.

 

 

18.2 EXCEPTIONAL TRAVEL

 

When employees are required to travel out of the Santa Cruz County area on

County business for such law enforcement activities as court appearances,

criminal investigations and/or prisoner transportation, the reimbursement

provisions of Section 100, Travel Rules and Regulations and Claiming Proce-

dures, of Title I of the County Procedures Manual shall apply.

 

18.3       BODY ARMOR

 

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

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

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

shall be limited to a maximum of $400 during the life of this agreement.

 

18.4      PAYMENT FOR EMPLOYEE EQUIPMENT DAMAGED OR STOLEN

 

The reimbursement provisions of Title V, Section 400 of the County Proce-

 

 

                                  26

dures Manual shall apply.  For specific guidelines on the reimbursement

procedure refer to the Personnel Administration Manual, Section 2303

(PAM2303).

 

 

 ARTICLE 19   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 DA Inspector Unit for changes in work

assignment which affect:

 

     a.   Regular scheduled working hours;

     b.   Normal location for reporting to duty.

 

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.

 

 

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 "President's 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.

 

 

                                  27

B.   General Provisions

 

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

          different from a normal (i.e., eight hours a day, five days as

          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.

 

D.   Holiday Compensation - Regular 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:

 

     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.

 

 

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

          be entitled to receive a vacation after completion of 2080 hours

          of service from date of original appointment to a budgeted posi-

          tion.

 

 

 

                                  28

          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 re-

          quired 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.

 

     6.   Reinstated Employees.  Employees granted reinstatement within a

          period of two years following resignation shall receive credit

          for hours of service prior to resignation for purposes of deter-

          mining eligibility for vacation leave.

 

B.   Vacation Allowance.

 

     1.   Newly Appointed DA Inspector Representation Unit Employees on the

          5 Day/8 Hour Work Schedule.

 

          a.   Eligible full-time employees newly appointed shall be cred-

               ited with 112 hours of vacation upon completion of 2080

               hours of service.

 

          b.   Eligible part-time employees newly appointed shall be cred-

               ited 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 hour of service as follows:

 

               2,080 - 10,400 hours of service (approximately 1 thru 4

               years); .0538 hours per hour of service (approximately 112

               hours per year of full-time service).

                                  29

 

               10,401 - 20,800 hours of service (approximately 5 thru 9

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

               hours per year of full-time service).

 

               20,801 - 31,200 hours of service (approximately 10 thru 14

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

               hours per year of full-time service).

 

               31,201 hours of service and over (approximately 15 years and

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

               hours per year of full-time service).

 

     2.   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 vaca-

          tion leave at the appropriate rate under the new schedule.

 

          Should such employee's accrued vacation credits exceed the maxi-

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

          credited toward sick leave to the maximum allowable.

 

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

 

          a.   The original appointment date and hours of service completed

               during prior employment with the County by reappointed em-

               ployees 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 elimi-

               nates all earned vacation to employees.

 

     4.   Reinstated Employees.  Reinstated employees are treated as new

          employees for purposes of vacation accrual. Such employees do not

          receive credit for any vacation leave earned prior to their res-

          ignation.

 

C.   Limitations On Use.

 

     1.   At Convenience of Department.  Vacation shall be taken at times

          designated by the department head.

 

     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.

 

 

 

                                  30

     3.   Increments.  The department head may allow employees to take

          vacation time off in increments as small as .01 hours.

 

     4.   No Loss of Credits.  The department head shall not cause an em-

          ployee 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.  Employees shall not be eligible for

          compensation in cash for vacation in excess of the maximum accru-

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

          County Administrative Officer.

 

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

     employees in budgeted positions in classes assigned to the DA Inspec-

     tor Representation 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, however, that the six

          months shall be determined by multiplying the authorized weekly

          number of hours for the position by 26.

 

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

          leave.

 

     4.   Provisional Employees on Original Appointment.  If a provisional

          employee is given a probationary appointment without a break in

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

          vice as a provisional employee for purposes of earning sick leave

          credit.

 

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

          and reappointed within a period of 24 months of layoff shall

          receive credit for hours of service accumulated prior to layoff

          for purposes of deter mining eligibility for sick leave.

                                  31

 

     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 elimi-

               nates 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 DA Inspector Unit.

 

          a.   Eligible full-time employees shall be credited with 48 hours

               of sick leave upon completion of 1040 hours of service.

 

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

               leave on a prorated basis proportionate to the authorized

               hours of their position, upon completion of the required

               hours of service under subsection A.2 of this article.

 

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

               shall accumulate .0462 hours of sick leave for each subse-

               quent completed hour of service (approximately 96 hours per

               year of full-time service) up to the maximum accrual.

 

C.   Permissible Uses.  Sick leave with pay may be used in case of a bona

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

 

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

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

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

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

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

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

     children; parents; grandparents; and sisters and brothers.

 

     The Personnel Director or a Department Head may require evidence in

     the form of a physician's and/or the County medical director's certif-

     icate of the adequacy of the reason for any absence.

 

 

                                  32

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.

 

     2.   Accrued sick leave may be prorated to add to Workers' 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.

 

     For employees in this unit, the maximum accrual for the period March

     14, 1992 through September 20, 1996 was 600 hours; accruals in excess

     of 600 hours were grandparented on March 14, 1992.

 

     Sick leave may only 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 em-

          ployee in a full-time position who separates from County employ-

          ment upon a resignation in good standing, or by a lay-off, re-

          tirement, or death, and who has completed 2080 - 10,400 hours of

          service prior to such separation shall there upon 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 there upon 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-

 

 

                                  33

          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 there upon be paid:

 

          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.   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:

 

     1.   As jurors; or

     2.   As witnesses on behalf of the County, unless such service is part

          of the employee's work assignment; or

     3.   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 grave yard 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.

 

 

 

                                  34

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

     pay during the same or next work period and such leave with pay shall

     not be considered time worked for purposes of overtime.

 

 

20.5    OTHER LEAVE

 

A.   Both parties agree that all employees receiving paid leave under the

     provisions of California Labor Code Section 4850 shall not accrue sick

     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 as recognized by the County after submission

     of an Affidavit of Domestic Partnership. Relatives of the first degree

     include the following: the parents of the County employee, the grand-

     parents of the County employee, the sisters and brothers of the County

     employee, and the children of the County employee.  Children are de-

     fined 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

 

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 con-

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

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

 

     1.   Eligibility.

 

 

 

                                  35

          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.

 

     3.   Notwithstanding other provisions of this Article (21), employees

          returning from an approved Family Care or Medical Leave of Ab-

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

          position as required by Federal or State law.  (See Family Care

          and Medical Leave Notice at the end of this Agreement or Section

          168.4 of the Personnel Regulations.)

 

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

                                  36

     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/her

position and to have automatically resigned.

 

Such resignation shall be rescinded by the Appointing Authority if the

employee can show to the satisfaction of the Appointing Authority that it

was impossible to contact the department of employment, provided the em-

ployee contacts the department at the first opportunity.

 

The employee may appeal the Appointing Authority's determination to the

Civil Service Commission within the time provided for in Section 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.

 

 

ARTICLE 23  GRIEVANCE PROCEDURE

 

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

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

lish a mutually satisfactory method for the settlement of grievances of

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

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

                                  37

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

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

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

DA Inspector Representation Unit, the procedures and provisions herein are

established in order to maintain a reasonable and uniform process for deal-

ing 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 DA Inspector

          Representation Unit and which adversely affects the employee's

          wages, hours, or conditions of employment.

 

B.   Specifically excluded from the grievance procedure are:

 

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

          resolution, ordinance, or minute order;

 

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

 

     3.   Probationary dismissals upon original appointment;

 

     4.   Content of performance evaluations;

 

     5.   Leaves of Absence, Article 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 Workers' Compensation or the applicable

          procedures for such complaints.

 

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

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

          follow the process specified in Article 6 is grievable.)

 

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-

                                  38

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 the DA

     Inspector Representation Unit and unless such dispute falls within the

     definition of a grievance as set forth in the Article.

 

 

PROCEDURE

 

A.   INFORMAL GRIEVANCE

 

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

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

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

 

B.   FORMAL GRIEVANCE

 

     1.   STEP 1

 

     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:

                                  39

 

          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, s/he

     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.

 

     The County and the Union shall mutually agree upon or jointly select a

     panel of seven hearing officers from names provided by the State Con-

     ciliation Service. The County and the Union may mutually 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

 

 

                                  40

               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 mutu-

               al 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 24  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

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 pro-

cessing of an alleged grievance prior to submitting the grievance for pro-

cessing. Grievance Representatives shall arrange with their immediate su-

pervisor prior to using County time to assist in grievance processing.

 

 

                                  41

 ARTICLE 25  LAYOFF PROVISIONS

 

25.1 LAYOFF DEFINED

 

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

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

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

government.

 

25.2 PURPOSE OF LAYOFF PROVISION

 

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

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

 

25.3 DECISION PROCESS

 

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

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

ed.

 

25.4 SCOPE OF APPLICATION

 

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

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

by displacement, within that department.

 

The County Personnel Department shall provide affected employees with two

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

 

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

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

weeks per fiscal year.

 

 

25.5 ORDER OF LAY OFF

 

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

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

dance with the following:

 

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

     shall be laid off first;

 

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

     next;

 

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

     off next;

 

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

     ceived a substandard evaluation on their last two scheduled perfor-

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

                                  42

     ty, i.e., the employee with the least seniority as defined in 25.7,

     below, being the first to be laid off; and

 

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

     one of their last two scheduled performance evaluations working in the

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

     ty as defined below in "25.7."

 

25.6 DISPLACEMENT (BUMPING) IN LIEU OF LAYOFF

 

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

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

higher class.)

 

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

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

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

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

as defined in 25.07. 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.

 

25.7 SENIORITY FOR PURPOSES OF LAYOFF AND DISPLACEMENT

 

Seniority rights for purposes of layoff and displacement and in voluntary

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.

 

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.

 

 

 

                                  43

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.

 

25.8 OPPORTUNITY FOR EMPLOYEE REVIEW

 

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

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

vised, established, abolished or retitled.

 

All employees shall be provided an opportunity, through their employing

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

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

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

                                  44

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.

 

25.9 RETENTION OF REEMPLOYMENT LIST STATUS

 

Laid off employees having permanent status at the time of lay off, or per-

manent employees who displaced to a lower class on the basis of prior per-

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

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

fied to openings from reemployment lists established for each class in

which they have reemployment rights.

 

Such employees shall be placed on the Departmental Reemployment List in

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

wide Reemployment List as a bloc in no particular order.

 

A.   Departmental Reemployment Lists

 

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

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

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

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

     shall have precedence over a Departmental Reemployment List. (Civil

     Service Rules, Section IV.)

 

     A department may request selective certification of bilingually quali-

     fied employees from a Departmental Reemployment List for a vacant

     position that is designated as bilingual pursuant to Article 17.3.  If

     there is no departmental reemployment list, the order of certification

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

     List; and (3) other employment lists as specified in Civil Service

     Rule VI B 2.

 

B.   Countywide Reemployment Lists

 

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

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

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

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

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

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

     bloc in no particular order.

 

     A department may request selective certification of bilingually quali-

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

     that is designated as bilingual pursuant to Article 17.3. If there is

     no County-wide Overfill List, the order of certification shall be: (1)

     County-wide Reemployment List; and (2) other employment lists as spec-

     ified in Civil Service Rule VI B 2.

                                  45

 

C.   Retention of Reemployment List Status

 

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

     class until either of the following occurs:

 

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

               reemployment in the class from which he/she was laid off or

               displaced;

 

                               OR

 

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

               ment.

 

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

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

 

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

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

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

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

 

25.10     PREFERENTIAL CONSIDERATION

 

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

Rules, attempt to assist probationary and permanent employees subject to

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

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

employment applications upon request of the Personnel Department. Assis-

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

entail:

 

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

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

     with persons on other eligible lists.

 

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

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

     with Civil Service Rules.

 

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

     other classes for which there are no employment lists in accordance

     with Civil Service Rules.

 

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

     and on-going workload limitations.

 

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

     staffing and on-going workload limitations. Employees whose names

     remain on a reemployment list may compete in promotional examinations

     pursuant to Civil Service Rule VIII.

                                  46

 

25.11     EMPLOYEES APPOINTED TO LIMITED-TERM POSITIONS

 

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

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

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

tion with out regard to other provisions of the Article.

 

25.12     OTHER MEANS OF ATTAINING PERMANENT STATUS FOR PURPOSES

          OF SENIORITY

 

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

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

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

criteria specified below are met.

 

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

     months continuous probationary service in a higher class in the same

     class series.

 

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

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

     lower class.

 

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

     ceived in both classes had an overall rating of satisfactory or 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 26   SEVERABILITY

 

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

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

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

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

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

full force and effect.

 

 

ARTICLE 27   UNPAID DAYS OFF

 

 

 

                                  47

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

representation unit for the period through August 12, 1998, and that the

County will meet and confer on the impact of any subsequent temporary lay-

off, notwithstanding the duration of this agreement or any other provision

of law related to the duration of this agreement.

 

 

ARTICLE 28  OTHER PROVISIONS

 

A.   Existing and newly appointed employees in the representation unit will

     have their paychecks automatically deposited in a participating finan-

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

     appointment to complete a payroll authorization form for a participat-

     ing financial institution. Pay roll authorization forms are available

     from the employee's departmental payroll clerk.

 

B.   Should Federal legislation be enacted which requires that members of

     this unit be covered by Social Security and/or Medicare, the parties

     agree to reopen this agreement to consider the impact on the County of

     such mandatory benefits.

 

C.   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.

 

D.   The County agrees to provide hepatitis inoculations on a voluntary

     basis to employees in this representation unit.

 

 

                                  48